# Official Journal C 93/9 Ma

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 93 |
| | |
| English edition | Information and Notices | Volume 599 March 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 93

English edition

Information and Notices

Volume 599 March 2016

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| Notice No | Contents | page |
| --- | --- | --- |
| | |
| | EUROPEAN PARLIAMENT
  2013-2014 SESSIONSittings of 9 to 12 September 2013
  The Minutes of this session have been published in OJ C 357 E, 6.12.2013 .
  TEXTS ADOPTED | 1 |

Notice No

Contents

page

EUROPEAN PARLIAMENT
  2013-2014 SESSIONSittings of 9 to 12 September 2013
  The Minutes of this session have been published in OJ C 357 E, 6.12.2013 .
  TEXTS ADOPTED

EUROPEAN PARLIAMENT

The Minutes of this session have been published in OJ C 357 E, 6.12.2013 .

1

---

| | I   Resolutions, recommendations and opinions |
| --- | --- |
| | RESOLUTIONS |
| | European Parliament |
| | Tuesday 10 September 2013 |
| 2016/C 93/01 | European Parliament resolution of 10 September 2013 on promoting a European transport-technology strategy for Europe’s future sustainable mobility (2012/2298(INI)) | 2 |
| 2016/C 93/02 | European Parliament resolution of 10 September 2013 on making the internal energy market work (2013/2005(INI)) | 8 |
| 2016/C 93/03 | European Parliament resolution of 10 September 2013 on the implementation and impact of the energy efficiency measures under Cohesion Policy (2013/2038(INI)) | 21 |
| 2016/C 93/04 | European Parliament resolution of 10 September 2013 on a fisheries strategy in the Adriatic and Ionian seas (2012/2261(INI)) | 31 |
| 2016/C 93/05 | European Parliament resolution of 10 September 2013 on Towards more efficient and cost effective interpretation in the European Parliament (2011/2287(INI)) | 37 |
| 2016/C 93/06 | European Parliament resolution of 10 September 2013 on online gambling in the internal market (2012/2322(INI)) | 42 |
| | Wednesday 11 September 2013 |
| 2016/C 93/07 | European Parliament resolution of 11 September 2013 on endangered European languages and linguistic diversity in the European Union (2013/2007(INI)) | 52 |
| 2016/C 93/08 | European Parliament resolution of 11 September 2013 with recommendations to the Commission on Parliament's rights in the appointment procedure of future Executive Directors of the European Environment Agency — amendment of Article 9 of Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (2013/2089(INL)) | 58 |
| 2016/C 93/09 | European Parliament resolution of 11 September 2013 on implementation of the EU Youth Strategy 2010-2012 (2013/2073(INI)) | 61 |
| 2016/C 93/10 | European Parliament resolution of 11 September 2013 on tackling youth unemployment: possible ways out (2013/2045(INI)) | 70 |
| 2016/C 93/11 | European Parliament resolution of 11 September 2013 on the Internal Market for Services: State of Play and Next Steps (2012/2144(INI)) | 84 |
| 2016/C 93/12 | European Parliament resolution of 11 September 2013 containing its recommendation to the Council, the Commission and the EEAS on the negotiations for an EU-Malaysia partnership and cooperation agreement (2013/2052(INI)) | 89 |
| | Thursday 12 September 2013 |
| 2016/C 93/13 | European Parliament resolution of 12 September 2013 on promoting the European cultural and creative sectors as sources of economic growth and jobs (2012/2302(INI)) | 95 |
| 2016/C 93/14 | European Parliament resolution of 12 September 2013 on microgeneration — small-scale electricity and heat generation (2012/2930(RSP)) | 105 |
| 2016/C 93/15 | European Parliament resolution of 12 September 2013 on the application of the principle of equal pay for male and female workers for equal work or work of equal value (2013/2678(RSP)) | 110 |
| 2016/C 93/16 | European Parliament resolution of 12 September 2013 on a Cybersecurity Strategy of the European Union: An Open, Safe and Secure Cyberspace (2013/2606(RSP)) | 112 |
| 2016/C 93/17 | European Parliament resolution of 12 September 2013 on the Digital Agenda for Growth, Mobility and Employment: time to move up a gear (2013/2593(RSP)) | 120 |
| 2016/C 93/18 | European Parliament resolution of 12 September 2013 on the situation in Syria (2013/2819(RSP)) | 125 |
| 2016/C 93/19 | European Parliament resolution of 12 September 2013 on the situation in Egypt (2013/2820(RSP)) | 127 |
| 2016/C 93/20 | European Parliament resolution of 12 September 2013 on the maritime dimension of the Common Security and Defence Policy (2012/2318(INI)) | 131 |
| 2016/C 93/21 | European Parliament resolution of 12 September 2013 on EU’s military structures: state of play and future prospects (2012/2319(INI)) | 144 |
| 2016/C 93/22 | European Parliament resolution of 12 September 2013 on the pressure exerted by Russia on Eastern Partnership countries (in the context of the upcoming Eastern Partnership Summit in Vilnius) (2013/2826(RSP)) | 152 |
| 2016/C 93/23 | European Parliament resolution of 12 September 2013 on the second report on the implementation of the EU Internal Security Strategy (2013/2636(RSP)) | 154 |
| 2016/C 93/24 | European Parliament resolution of 12 September 2013 on the European strategy on health and safety at work (2013/2685(RSP)) | 159 |
| 2016/C 93/25 | European Parliament resolution of 12 September 2013 on cross-border collective bargaining and transnational social dialogue (2012/2292(INI)) | 161 |
| 2016/C 93/26 | European Parliament resolution of 12 September 2013 on the situation of unaccompanied minors in the EU (2012/2263(INI)) | 165 |
| 2016/C 93/27 | European Parliament resolution of 12 September 2013 on the situation in the Democratic Republic of Congo (2013/2822(RSP)) | 173 |
| 2016/C 93/28 | European Parliament resolution of 12 September 2013 on the Central African Republic (2013/2823(RSP)) | 178 |
| 2016/C 93/29 | European Parliament resolution of 12 September 2013 on the human rights situation in Bahrain (2013/2830(RSP)) | 182 |
| | RECOMMENDATIONS |
| | European Parliament |
| | Thursday 12 September 2013 |
| 2016/C 93/30 | European Parliament recommendation of 12 September 2013 to the Council, the Commission and the European External Action Service on EU Policy towards Belarus (2013/2036(INI)) | 186 |

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 10 September 2013

2016/C 93/01

European Parliament resolution of 10 September 2013 on promoting a European transport-technology strategy for Europe’s future sustainable mobility (2012/2298(INI))

2

2016/C 93/02

European Parliament resolution of 10 September 2013 on making the internal energy market work (2013/2005(INI))

8

2016/C 93/03

European Parliament resolution of 10 September 2013 on the implementation and impact of the energy efficiency measures under Cohesion Policy (2013/2038(INI))

21

2016/C 93/04

European Parliament resolution of 10 September 2013 on a fisheries strategy in the Adriatic and Ionian seas (2012/2261(INI))

31

2016/C 93/05

European Parliament resolution of 10 September 2013 on Towards more efficient and cost effective interpretation in the European Parliament (2011/2287(INI))

37

2016/C 93/06

European Parliament resolution of 10 September 2013 on online gambling in the internal market (2012/2322(INI))

42

Wednesday 11 September 2013

2016/C 93/07

European Parliament resolution of 11 September 2013 on endangered European languages and linguistic diversity in the European Union (2013/2007(INI))

52

2016/C 93/08

European Parliament resolution of 11 September 2013 with recommendations to the Commission on Parliament's rights in the appointment procedure of future Executive Directors of the European Environment Agency — amendment of Article 9 of Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (2013/2089(INL))

58

2016/C 93/09

European Parliament resolution of 11 September 2013 on implementation of the EU Youth Strategy 2010-2012 (2013/2073(INI))

61

2016/C 93/10

European Parliament resolution of 11 September 2013 on tackling youth unemployment: possible ways out (2013/2045(INI))

70

2016/C 93/11

European Parliament resolution of 11 September 2013 on the Internal Market for Services: State of Play and Next Steps (2012/2144(INI))

84

2016/C 93/12

European Parliament resolution of 11 September 2013 containing its recommendation to the Council, the Commission and the EEAS on the negotiations for an EU-Malaysia partnership and cooperation agreement (2013/2052(INI))

89

Thursday 12 September 2013

2016/C 93/13

European Parliament resolution of 12 September 2013 on promoting the European cultural and creative sectors as sources of economic growth and jobs (2012/2302(INI))

95

2016/C 93/14

European Parliament resolution of 12 September 2013 on microgeneration — small-scale electricity and heat generation (2012/2930(RSP))

105

2016/C 93/15

European Parliament resolution of 12 September 2013 on the application of the principle of equal pay for male and female workers for equal work or work of equal value (2013/2678(RSP))

110

2016/C 93/16

European Parliament resolution of 12 September 2013 on a Cybersecurity Strategy of the European Union: An Open, Safe and Secure Cyberspace (2013/2606(RSP))

112

2016/C 93/17

European Parliament resolution of 12 September 2013 on the Digital Agenda for Growth, Mobility and Employment: time to move up a gear (2013/2593(RSP))

120

2016/C 93/18

European Parliament resolution of 12 September 2013 on the situation in Syria (2013/2819(RSP))

125

2016/C 93/19

European Parliament resolution of 12 September 2013 on the situation in Egypt (2013/2820(RSP))

127

2016/C 93/20

European Parliament resolution of 12 September 2013 on the maritime dimension of the Common Security and Defence Policy (2012/2318(INI))

131

2016/C 93/21

European Parliament resolution of 12 September 2013 on EU’s military structures: state of play and future prospects (2012/2319(INI))

144

2016/C 93/22

European Parliament resolution of 12 September 2013 on the pressure exerted by Russia on Eastern Partnership countries (in the context of the upcoming Eastern Partnership Summit in Vilnius) (2013/2826(RSP))

152

2016/C 93/23

European Parliament resolution of 12 September 2013 on the second report on the implementation of the EU Internal Security Strategy (2013/2636(RSP))

154

2016/C 93/24

European Parliament resolution of 12 September 2013 on the European strategy on health and safety at work (2013/2685(RSP))

159

2016/C 93/25

European Parliament resolution of 12 September 2013 on cross-border collective bargaining and transnational social dialogue (2012/2292(INI))

161

2016/C 93/26

European Parliament resolution of 12 September 2013 on the situation of unaccompanied minors in the EU (2012/2263(INI))

165

2016/C 93/27

European Parliament resolution of 12 September 2013 on the situation in the Democratic Republic of Congo (2013/2822(RSP))

173

2016/C 93/28

European Parliament resolution of 12 September 2013 on the Central African Republic (2013/2823(RSP))

178

2016/C 93/29

European Parliament resolution of 12 September 2013 on the human rights situation in Bahrain (2013/2830(RSP))

182

RECOMMENDATIONS

European Parliament

Thursday 12 September 2013

2016/C 93/30

European Parliament recommendation of 12 September 2013 to the Council, the Commission and the European External Action Service on EU Policy towards Belarus (2013/2036(INI))

186

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| | III   Preparatory acts |
| --- | --- |
| | EUROPEAN PARLIAMENT |
| | Tuesday 10 September 2013 |
| 2016/C 93/31 | P7_TA(2013)0336Amendment of Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms ***IEuropean Parliament legislative resolution of 10 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (COM(2012)0432 — C7-0211/2012 — 2012/0208(COD))P7_TC1-COD(2012)0208Position of the European Parliament adopted at first reading on 10 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms | 196 |
| 2016/C 93/32 | European Parliament legislative resolution of 10 September 2013 on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships (COM(2011)0127 — C7-0094/2011 — 2011/0060(CNS)) | 202 |
| 2016/C 93/33 | European Parliament legislative resolution of 10 September 2013 on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes (COM(2011)0126 — C7-0093/2011 — 2011/0059(CNS)) | 251 |
| 2016/C 93/34 | P7_TA(2013)0340Right of access to a lawyer in criminal proceedings and right to communicate upon arrest ***IEuropean Parliament legislative resolution of 10 September 2013 on the proposal for a directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest (COM(2011)0326 — C7-0157/2011 — 2011/0154(COD))P7_TC1-COD(2011)0154Position of the European Parliament adopted at first reading on 10 September 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty | 294 |
| 2016/C 93/35 | Amendments adopted
  by the
  European Parliament on 10 September 2013 on the proposal for a directive of the European Parliament and of the Council on credit agreements relating to residential property (COM(2011)0142 — C7-0085/2011 — 2011/0062(COD))
   (
  1
  ) | 295 |
| 2016/C 93/36 | P7_TA(2013)0342Insider dealing and market manipulation (market abuse) ***IEuropean Parliament legislative resolution of 10 September 2013 on the proposal for a regulation of the European Parliament and of the Council on insider dealing and market manipulation (market abuse) (COM(2011)0651 — C7-0360/2011 — 2011/0295(COD))P7_TC1-COD(2011)0295Position of the European Parliament adopted at first reading on 10 September 2013 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC | 360 |
| 2016/C 93/37 | P7_TA(2013)0343Amendment of Council Regulation (EC) No 2187/2005 for the conservation of fishery through technical measures in the Baltic Sea, the Belts and the Sound ***IEuropean Parliament legislative resolution of 10 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2187/2005 for the conservation of fishery through technical measures in the Baltic Sea, the Belts and the Sound (COM(2012)0591 — C7-0332/2012 — 2012/0285(COD))P7_TC1-COD(2012)0285Position of the European Parliament adopted at first reading on 10 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 2187/2005 for the conservation of fishery through technical measures in the Baltic Sea, the Belts and the Sound | 361 |
| 2016/C 93/38 | European Parliament decision of 10 September 2013 proposing the appointment of Luigi Berlinguer to the panel set up under Article 255 of the Treaty on the Functioning of the European Union (2013/2161(INS)) | 364 |
| | Wednesday 11 September 2013 |
| 2016/C 93/39 | European Parliament resolution of 11 September 2013 on the Council position on Draft amending budget No 2/2013 of the European Union for the financial year 2013, Section III — Commission (11693/2013 — C7-0245/2013 — 2013/2056(BUD)) | 365 |
| 2016/C 93/40 | European Parliament resolution of 11 September 2013 on the Council position on Draft amending budget No 3/2013 of the European Union for the financial year 2013, Section III — Commission (11694/2013 — C7-0246/2013 — 2013/2070(BUD)) | 367 |
| 2016/C 93/41 | European Parliament resolution of 11 September 2013 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2013)0259 — C7-0116/2013 — 2013/2085(BUD)) | 368 |
| 2016/C 93/42 | European Parliament resolution of 11 September 2013 on the Council position on Draft amending budget No 5/2013 of the European Union for the financial year 2013, Section III — Commission (11697/2013 — C7-0248/2013 — 2013/2086(BUD)) | 369 |
| 2016/C 93/43 | P7_TA(2013)0357Fuel quality directive and renewable energy ***IEuropean Parliament legislative resolution of 11 September 2013 on the proposal for a directive of the European Parliament and of the Council amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources (COM(2012)0595 — C7-0337/2012 — 2012/0288(COD))P7_TC1-COD(2012)0288Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources (
  1
  ) | 371 |
| 2016/C 93/44 | P7_TA(2013)0358Measures for the recovery of European eel stocks ***IEuropean Parliament legislative resolution of 11 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel (COM(2012)0413 — C7-0202/2012 — 2012/0201(COD))P7_TC1-COD(2012)0201Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel | 395 |
| 2016/C 93/45 | P7_TA(2013)0359Union Customs Code ***IEuropean Parliament legislative resolution of 11 September 2013 on the proposal for a regulation of the European Parliament and of the Council laying down the Union Customs Code (recast) (COM(2012)0064 — C7-0045/2012 — 2012/0027(COD))P7_TC1-COD(2012)0027Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council laying down the Union Customs Code | 401 |
| 2016/C 93/46 | P7_TA(2013)0360Collection of accountancy data on the incomes and business operation of agricultural holdings ***IEuropean Parliament legislative resolution of 11 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Community (COM(2011)0855 — C7-0468/2011 — 2011/0416(COD))P7_TC1-COD(2011)0416Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Community | 402 |
| 2016/C 93/47 | P7_TA(2013)0361Amendment of food safety directives as regards the powers to be conferred on the Commission ***IEuropean Parliament legislative resolution of 11 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC as regards the powers to be conferred on the Commission (COM(2012)0150 — C7-0089/2012 — 2012/0075(COD))P7_TC1-COD(2012)0075Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Directives 1999/4/EC and 2000/36/EC of the European Parliament and of the Council and Council Directives 2001/111/EC, 2001/113/EC and 2001/114/EC as regards the powers to be conferred on the Commission | 403 |
| 2016/C 93/48 | European Parliament legislative resolution of 11 September 2013 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (05674/2013 — C7-0110/2013 — 2012/0271(NLE)) | 404 |
| 2016/C 93/49 | European Parliament legislative resolution of 11 September 2013 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation (14546/2012 — C7-0109/2013 — 2012/0268(NLE)) | 405 |
| 2016/C 93/50 | European Parliament resolution of 11 September 2013 on the Council position on Draft amending budget No 4/2013 of the European Union for the financial year 2013, Section III — Commission, Section IV — Court of Justice of the European Union (11696/2013 — C7-0247/2013 — 2013/2084(BUD)) | 406 |
| | Thursday 12 September 2013 |
| 2016/C 93/51 | European Parliament resolution of 12 September 2013 on the annual report on the activities of the European Ombudsman 2012 (2013/2051(INI)) | 408 |
| 2016/C 93/52 | P7_TA(2013)0370Third countries whose nationals must be in possession of visas when crossing the external borders ***IEuropean Parliament legislative resolution of 12 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (COM(2011)0290 — C7-0135/2011 — 2011/0138(COD))P7_TC1-COD(2011)0138Position of the European Parliament adopted at first reading on 12 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement | 414 |
| 2016/C 93/53 | P7_TA(2013)0371European Banking Authority and prudential supervision of credit institutions ***IEuropean Parliament legislative resolution of 12 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1093/2010 establishing a European Supervisory Authority (European Banking Authority) as regards its interaction with Council Regulation (EU) No .../... conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (COM(2012)0512 — C7-0289/2012 — 2012/0244(COD))P7_TC1-COD(2012)0244Position of the European Parliament adopted at first reading on 12 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Regulation (EU) No 1093/2010 establishing a European Supervisory Authority (European Banking Authority) as regards the conferral of specific tasks on the European Central Bank pursuant to Council Regulation (EU) No 1024/2013 | 415 |
| 2016/C 93/54 | P7_TA(2013)0372Specific tasks for the European Central Bank concerning policies relating to the prudential supervision of credit institutions *European Parliament legislative resolution of 12 September 2013 on the proposal for a Council regulation conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (COM(2012)0511 — C7-0314/2012 — 2012/0242(CNS))P7_TC1-CNS(2012)0242Position of the European Parliament adopted on 12 September 2013 with a view to the adoption of Council Regulation (EU) No .../2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions | 417 |
| 2016/C 93/55 | Amendments adopted by the European Parliament on 12 September 2013 on the proposal for a regulation of the European Parliament and of the Council on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union (COM(2012)0576 — C7-0322/2012 — 2012/0278(COD)) | 419 |

III   Preparatory acts

EUROPEAN PARLIAMENT

Tuesday 10 September 2013

2016/C 93/31

P7_TA(2013)0336Amendment of Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms ***IEuropean Parliament legislative resolution of 10 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (COM(2012)0432 — C7-0211/2012 — 2012/0208(COD))P7_TC1-COD(2012)0208Position of the European Parliament adopted at first reading on 10 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms

196

2016/C 93/32

European Parliament legislative resolution of 10 September 2013 on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships (COM(2011)0127 — C7-0094/2011 — 2011/0060(CNS))

202

2016/C 93/33

European Parliament legislative resolution of 10 September 2013 on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes (COM(2011)0126 — C7-0093/2011 — 2011/0059(CNS))

251

2016/C 93/34

P7_TA(2013)0340Right of access to a lawyer in criminal proceedings and right to communicate upon arrest ***IEuropean Parliament legislative resolution of 10 September 2013 on the proposal for a directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest (COM(2011)0326 — C7-0157/2011 — 2011/0154(COD))P7_TC1-COD(2011)0154Position of the European Parliament adopted at first reading on 10 September 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty

294

2016/C 93/35

Amendments adopted
  by the
  European Parliament on 10 September 2013 on the proposal for a directive of the European Parliament and of the Council on credit agreements relating to residential property (COM(2011)0142 — C7-0085/2011 — 2011/0062(COD))
   (
  1
  )

adopted

by the

European Parliament on 10 September 2013 on the proposal for a directive of the European Parliament and of the Council on credit agreements relating to residential property (COM(2011)0142 — C7-0085/2011 — 2011/0062(COD))

1

295

2016/C 93/36

P7_TA(2013)0342Insider dealing and market manipulation (market abuse) ***IEuropean Parliament legislative resolution of 10 September 2013 on the proposal for a regulation of the European Parliament and of the Council on insider dealing and market manipulation (market abuse) (COM(2011)0651 — C7-0360/2011 — 2011/0295(COD))P7_TC1-COD(2011)0295Position of the European Parliament adopted at first reading on 10 September 2013 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC

360

2016/C 93/37

P7_TA(2013)0343Amendment of Council Regulation (EC) No 2187/2005 for the conservation of fishery through technical measures in the Baltic Sea, the Belts and the Sound ***IEuropean Parliament legislative resolution of 10 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2187/2005 for the conservation of fishery through technical measures in the Baltic Sea, the Belts and the Sound (COM(2012)0591 — C7-0332/2012 — 2012/0285(COD))P7_TC1-COD(2012)0285Position of the European Parliament adopted at first reading on 10 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 2187/2005 for the conservation of fishery through technical measures in the Baltic Sea, the Belts and the Sound

361

2016/C 93/38

European Parliament decision of 10 September 2013 proposing the appointment of Luigi Berlinguer to the panel set up under Article 255 of the Treaty on the Functioning of the European Union (2013/2161(INS))

364

Wednesday 11 September 2013

2016/C 93/39

European Parliament resolution of 11 September 2013 on the Council position on Draft amending budget No 2/2013 of the European Union for the financial year 2013, Section III — Commission (11693/2013 — C7-0245/2013 — 2013/2056(BUD))

365

2016/C 93/40

European Parliament resolution of 11 September 2013 on the Council position on Draft amending budget No 3/2013 of the European Union for the financial year 2013, Section III — Commission (11694/2013 — C7-0246/2013 — 2013/2070(BUD))

367

2016/C 93/41

European Parliament resolution of 11 September 2013 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2013)0259 — C7-0116/2013 — 2013/2085(BUD))

368

2016/C 93/42

European Parliament resolution of 11 September 2013 on the Council position on Draft amending budget No 5/2013 of the European Union for the financial year 2013, Section III — Commission (11697/2013 — C7-0248/2013 — 2013/2086(BUD))

369

2016/C 93/43

P7_TA(2013)0357Fuel quality directive and renewable energy ***IEuropean Parliament legislative resolution of 11 September 2013 on the proposal for a directive of the European Parliament and of the Council amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources (COM(2012)0595 — C7-0337/2012 — 2012/0288(COD))P7_TC1-COD(2012)0288Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources (
  1
  )

1

371

2016/C 93/44

P7_TA(2013)0358Measures for the recovery of European eel stocks ***IEuropean Parliament legislative resolution of 11 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel (COM(2012)0413 — C7-0202/2012 — 2012/0201(COD))P7_TC1-COD(2012)0201Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel

395

2016/C 93/45

P7_TA(2013)0359Union Customs Code ***IEuropean Parliament legislative resolution of 11 September 2013 on the proposal for a regulation of the European Parliament and of the Council laying down the Union Customs Code (recast) (COM(2012)0064 — C7-0045/2012 — 2012/0027(COD))P7_TC1-COD(2012)0027Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council laying down the Union Customs Code

401

2016/C 93/46

P7_TA(2013)0360Collection of accountancy data on the incomes and business operation of agricultural holdings ***IEuropean Parliament legislative resolution of 11 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Community (COM(2011)0855 — C7-0468/2011 — 2011/0416(COD))P7_TC1-COD(2011)0416Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Community

402

2016/C 93/47

P7_TA(2013)0361Amendment of food safety directives as regards the powers to be conferred on the Commission ***IEuropean Parliament legislative resolution of 11 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC as regards the powers to be conferred on the Commission (COM(2012)0150 — C7-0089/2012 — 2012/0075(COD))P7_TC1-COD(2012)0075Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Directives 1999/4/EC and 2000/36/EC of the European Parliament and of the Council and Council Directives 2001/111/EC, 2001/113/EC and 2001/114/EC as regards the powers to be conferred on the Commission

403

2016/C 93/48

European Parliament legislative resolution of 11 September 2013 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (05674/2013 — C7-0110/2013 — 2012/0271(NLE))

404

2016/C 93/49

European Parliament legislative resolution of 11 September 2013 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation (14546/2012 — C7-0109/2013 — 2012/0268(NLE))

405

2016/C 93/50

European Parliament resolution of 11 September 2013 on the Council position on Draft amending budget No 4/2013 of the European Union for the financial year 2013, Section III — Commission, Section IV — Court of Justice of the European Union (11696/2013 — C7-0247/2013 — 2013/2084(BUD))

406

Thursday 12 September 2013

2016/C 93/51

European Parliament resolution of 12 September 2013 on the annual report on the activities of the European Ombudsman 2012 (2013/2051(INI))

408

2016/C 93/52

P7_TA(2013)0370Third countries whose nationals must be in possession of visas when crossing the external borders ***IEuropean Parliament legislative resolution of 12 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (COM(2011)0290 — C7-0135/2011 — 2011/0138(COD))P7_TC1-COD(2011)0138Position of the European Parliament adopted at first reading on 12 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement

414

2016/C 93/53

P7_TA(2013)0371European Banking Authority and prudential supervision of credit institutions ***IEuropean Parliament legislative resolution of 12 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1093/2010 establishing a European Supervisory Authority (European Banking Authority) as regards its interaction with Council Regulation (EU) No .../... conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (COM(2012)0512 — C7-0289/2012 — 2012/0244(COD))P7_TC1-COD(2012)0244Position of the European Parliament adopted at first reading on 12 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Regulation (EU) No 1093/2010 establishing a European Supervisory Authority (European Banking Authority) as regards the conferral of specific tasks on the European Central Bank pursuant to Council Regulation (EU) No 1024/2013

415

2016/C 93/54

P7_TA(2013)0372Specific tasks for the European Central Bank concerning policies relating to the prudential supervision of credit institutions *European Parliament legislative resolution of 12 September 2013 on the proposal for a Council regulation conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (COM(2012)0511 — C7-0314/2012 — 2012/0242(CNS))P7_TC1-CNS(2012)0242Position of the European Parliament adopted on 12 September 2013 with a view to the adoption of Council Regulation (EU) No .../2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions

417

2016/C 93/55

Amendments adopted by the European Parliament on 12 September 2013 on the proposal for a regulation of the European Parliament and of the Council on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union (COM(2012)0576 — C7-0322/2012 — 2012/0278(COD))

419

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9.3.2016

| 9.3.2016 | EN | Official Journal of the European Union | C 93/1 |
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Official Journal of the European Union

C 93/1

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EUROPEAN PARLIAMENT

2013-2014 SESSION

Sittings of 9 to 12 September 2013

The Minutes of this session have been published in OJ C 357 E, 6.12.2013.

TEXTS ADOPTED

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I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 10 September 2013

| 9.3.2016 | EN | Official Journal of the European Union | C 93/2 |
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P7_TA(2013)0339

European transport-technology strategy for Europe's future sustainable mobility

European Parliament resolution of 10 September 2013 on promoting a European transport-technology strategy for Europe’s future sustainable mobility (2012/2298(INI))

(2016/C 093/01)

The European Parliament,

| — | having regard to the Commission communication entitled ‘Research and innovation for Europe’s future mobility — Developing a European transport-technology strategy’ (COM(2012)0501), |
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—

having regard to the Commission communication entitled ‘Research and innovation for Europe’s future mobility — Developing a European transport-technology strategy’ (COM(2012)0501),

| — | having regard to the Commission communication entitled ‘Horizon 2020 — The Framework Programme for Research and Innovation’ (COM(2011)0808), |
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—

having regard to the Commission communication entitled ‘Horizon 2020 — The Framework Programme for Research and Innovation’ (COM(2011)0808),

| — | having regard to the 2011 Commission White Paper entitled ‘Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system’ (COM(2011)0144), |
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—

having regard to the 2011 Commission White Paper entitled ‘Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system’ (COM(2011)0144),

| — | having regard to the Commission communication entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020), |
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—

having regard to the Commission communication entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

| — | having regard to its resolution of 27 September 2011 on European road safety 2011-2020 (1), |
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—

having regard to its resolution of 27 September 2011 on European road safety 2011-2020 (1),

| — | having regard to Rule 48 of its Rules of Procedure, |
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—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Regional Development (A7-0241/2013), |
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—

having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Regional Development (A7-0241/2013),

| A. | whereas the Commission has identified the shortcomings of Europe’s transport innovation system; |
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A.

whereas the Commission has identified the shortcomings of Europe’s transport innovation system;

| B. | whereas investment in research and innovation in the transport sector is simultaneously an investment in the economy and in job creation, and can therefore have a three-pronged effect; |
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B.

whereas investment in research and innovation in the transport sector is simultaneously an investment in the economy and in job creation, and can therefore have a three-pronged effect;

| C. | whereas innovation is essential in order to create a smarter, safer and more intelligent transport system for the public, meet the environmental challenges facing the transport sector and achieve a low-carbon economy; |
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C.

whereas innovation is essential in order to create a smarter, safer and more intelligent transport system for the public, meet the environmental challenges facing the transport sector and achieve a low-carbon economy;

| D. | whereas the Europe 2020 strategy’s climate change and energy targets are closely linked to transport innovation: 20 % fewer greenhouse gas emissions than in 1990, 20 % of energy from renewables and a 20 % increase in energy efficiency, as well as the target of 50 % fewer deaths in road accidents than in 2001; |
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D.

whereas the Europe 2020 strategy’s climate change and energy targets are closely linked to transport innovation: 20 % fewer greenhouse gas emissions than in 1990, 20 % of energy from renewables and a 20 % increase in energy efficiency, as well as the target of 50 % fewer deaths in road accidents than in 2001;

| E. | whereas there will need to be a real change in users’ attitudes, and in the standards they demand, if a large number of businesses and service providers are to be persuaded to shift their paradigms and to exploit the innovation opportunities offered by the creative convergence and out-of-the-box thinking described in point 5.3 of the Commission communication COM(2012)0501; |
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E.

whereas there will need to be a real change in users’ attitudes, and in the standards they demand, if a large number of businesses and service providers are to be persuaded to shift their paradigms and to exploit the innovation opportunities offered by the creative convergence and out-of-the-box thinking described in point 5.3 of the Commission communication COM(2012)0501;

| F. | whereas the initiatives set out in the White Paper on transport are welcomed, particularly those mentioned in section 3.2 (entitled ‘Innovating for the future — technology and behaviour’), along with initiatives 7 (‘Multimodal transport of goods: e-freight’) and 22 (‘Seamless door-to-door mobility’); |
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F.

whereas the initiatives set out in the White Paper on transport are welcomed, particularly those mentioned in section 3.2 (entitled ‘Innovating for the future — technology and behaviour’), along with initiatives 7 (‘Multimodal transport of goods: e-freight’) and 22 (‘Seamless door-to-door mobility’);

| G. | whereas Europe’s strategy must ensure that a balance is struck between efforts to reduce the environmental imprint of transport and efforts to ensure freedom of movement in the European Union in order to achieve a single European transport area that is intermodal, interconnected, integrated and effective in its use of resources; |
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G.

whereas Europe’s strategy must ensure that a balance is struck between efforts to reduce the environmental imprint of transport and efforts to ensure freedom of movement in the European Union in order to achieve a single European transport area that is intermodal, interconnected, integrated and effective in its use of resources;

| H. | whereas in 2012 more than 31 000 people were still killed and more than 1 500 000 injured — in some cases seriously — in road accidents in the European Union; |
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H.

whereas in 2012 more than 31 000 people were still killed and more than 1 500 000 injured — in some cases seriously — in road accidents in the European Union;

| I. | whereas technologies that will help attain the objectives of the ‘European transport safety area’ are already available but have not yet been placed on the market; |
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I.

whereas technologies that will help attain the objectives of the ‘European transport safety area’ are already available but have not yet been placed on the market;

General principles

| 1. | Emphasises that a European transport-technology strategy for Europe’s future sustainable mobility should first and foremost promote quality of service, the convenience of passengers and businesses, and sustainable mobility, and should be based on the Union’s targets and legislation regarding the reduction of energy consumption, traffic noise, air pollutants, raw materials and greenhouse gas emissions up to 2020, 2030 and 2050, as well as improving health and quality of life, increasing the quality of services, providing increasingly customised solutions geared ever more closely to users’ needs, and enhancing safety and security; |
| --- | --- |

1.

Emphasises that a European transport-technology strategy for Europe’s future sustainable mobility should first and foremost promote quality of service, the convenience of passengers and businesses, and sustainable mobility, and should be based on the Union’s targets and legislation regarding the reduction of energy consumption, traffic noise, air pollutants, raw materials and greenhouse gas emissions up to 2020, 2030 and 2050, as well as improving health and quality of life, increasing the quality of services, providing increasingly customised solutions geared ever more closely to users’ needs, and enhancing safety and security;

| 2. | Calls on the Commission and Council, in view of the importance of research and innovation (R&I) to the whole European economy, to recognise the importance of the Horizon 2020 initiative and to finance it adequately; |
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2.

Calls on the Commission and Council, in view of the importance of research and innovation (R&I) to the whole European economy, to recognise the importance of the Horizon 2020 initiative and to finance it adequately;

| 3. | Confirms the Commission’s objective of better aligning transport R&I with European transport policy goals and roadmaps for each field, but believes that the approach proposed in the Commission’s communication needs to be adjusted according to the priorities defined hereinafter; |
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3.

Confirms the Commission’s objective of better aligning transport R&I with European transport policy goals and roadmaps for each field, but believes that the approach proposed in the Commission’s communication needs to be adjusted according to the priorities defined hereinafter;

| 4. | Believes that European strategy in the field of transport technologies should cover all regions of the EU in order to ensure the efficient circulation of people and goods, and hence the creation of a genuine European single market; |
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4.

Believes that European strategy in the field of transport technologies should cover all regions of the EU in order to ensure the efficient circulation of people and goods, and hence the creation of a genuine European single market;

| 5. | Believes that more efficient, coherent and targeted use of R&I in the setting and implementation of transport policy is key to being able to respond to new realities, break away from conventional thinking and focus on pioneering ideas, and thereby be able to provide users with innovative transport solutions that meet the needs, and fulfil the requirements, of availability, profitability, credibility, quality and continuity; |
| --- | --- |

5.

Believes that more efficient, coherent and targeted use of R&I in the setting and implementation of transport policy is key to being able to respond to new realities, break away from conventional thinking and focus on pioneering ideas, and thereby be able to provide users with innovative transport solutions that meet the needs, and fulfil the requirements, of availability, profitability, credibility, quality and continuity;

| 6. | Encourages the Commission to create a framework favourable to R&I by creating fair, efficient and innovative pricing systems for all mobility and transport modes, particularly through the internalisation of external costs, taking into account the ‘polluter pays’ and ‘user pays’ principles; |
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6.

Encourages the Commission to create a framework favourable to R&I by creating fair, efficient and innovative pricing systems for all mobility and transport modes, particularly through the internalisation of external costs, taking into account the ‘polluter pays’ and ‘user pays’ principles;

| 7. | Points to the usefulness of the Commission’s proposed Transport Research and Innovation Monitoring and Information System (TRIMIS) and maintains that the user’s perspective be incorporated into it, as it would offers an ideal means of detecting the barriers to innovation created by force of habit, of identifying opportunities and of encouraging the spread of new service possibilities to spur and promote changes in social attitudes to sustainable transport; |
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7.

Points to the usefulness of the Commission’s proposed Transport Research and Innovation Monitoring and Information System (TRIMIS) and maintains that the user’s perspective be incorporated into it, as it would offers an ideal means of detecting the barriers to innovation created by force of habit, of identifying opportunities and of encouraging the spread of new service possibilities to spur and promote changes in social attitudes to sustainable transport;

| 8. | Stresses that technology lock-in is liable to prevent the full potential of transport innovation from being reached and can hamper the development of new innovative ideas; considers, therefore, that Union policies should be technologically neutral with regard to alternative technologies for transport (‘technology neutrality’), with priorities and funding being decided on the basis of results over the entire life-cycle of technologies used in specific fields of transport, and that harmonisation efforts must not be an obstacle to the development of innovative or alternative solutions in the field of transport, the diversity of the energy mix and deployment of smart communication technologies; |
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8.

Stresses that technology lock-in is liable to prevent the full potential of transport innovation from being reached and can hamper the development of new innovative ideas; considers, therefore, that Union policies should be technologically neutral with regard to alternative technologies for transport (‘technology neutrality’), with priorities and funding being decided on the basis of results over the entire life-cycle of technologies used in specific fields of transport, and that harmonisation efforts must not be an obstacle to the development of innovative or alternative solutions in the field of transport, the diversity of the energy mix and deployment of smart communication technologies;

| 9. | Emphasises that in order to help businesses and public bodies absorb new solutions and innovative technologies, more efficiency is needed in the innovation chain, and more investments are needed in measures such as economic incentives to overcome barriers to deployment and market uptake (‘full-cycle commitments’); encourages, therefore, the Commission to act on its idea that, in order to release the full innovative potential of the transport sector and support innovative undertakings, subsidies should also be used to help launch new solutions on the market, demonstrate them and implement them fully, and that appropriate management and financing tools can guarantee the swift implementation of research results; |
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9.

Emphasises that in order to help businesses and public bodies absorb new solutions and innovative technologies, more efficiency is needed in the innovation chain, and more investments are needed in measures such as economic incentives to overcome barriers to deployment and market uptake (‘full-cycle commitments’); encourages, therefore, the Commission to act on its idea that, in order to release the full innovative potential of the transport sector and support innovative undertakings, subsidies should also be used to help launch new solutions on the market, demonstrate them and implement them fully, and that appropriate management and financing tools can guarantee the swift implementation of research results;

| 10. | Believes that all European regions, and their respective labour pools, should take advantage of such a strategy, and stresses the need to take account of regional specificities and potential, especially when developing cleaner transport modes; calls on the authorities at subsidiary levels to create, alongside stakeholders, innovation partnerships in the field of sustainable mobility; |
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10.

Believes that all European regions, and their respective labour pools, should take advantage of such a strategy, and stresses the need to take account of regional specificities and potential, especially when developing cleaner transport modes; calls on the authorities at subsidiary levels to create, alongside stakeholders, innovation partnerships in the field of sustainable mobility;

| 11. | Calls for stronger support for the R&I activities of small and medium-sized enterprises (SMEs), notably through easier access to EU funds and the reduction of administrative burdens, and highlights the importance of creating and maintaining employment and sustainable growth through R&I; |
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11.

Calls for stronger support for the R&I activities of small and medium-sized enterprises (SMEs), notably through easier access to EU funds and the reduction of administrative burdens, and highlights the importance of creating and maintaining employment and sustainable growth through R&I;

| 12. | Maintains that investments under the EU Structural Funds and investment funds create great opportunities in European regions to develop smart specialisation in the area of sustainable mobility; |
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12.

Maintains that investments under the EU Structural Funds and investment funds create great opportunities in European regions to develop smart specialisation in the area of sustainable mobility;

| 13. | Encourages national and regional authorities to devise research and development strategies that are based on the concept of smart specialisation, with a view to ensuring a more efficient take-up of structural funding and to enhancing synergies between private and public sector investment; |
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13.

Encourages national and regional authorities to devise research and development strategies that are based on the concept of smart specialisation, with a view to ensuring a more efficient take-up of structural funding and to enhancing synergies between private and public sector investment;

| 14. | Recalls, in this connection, that a strategy for innovative technology needs to be conceived on the basis of the characteristics and distinguishing features of the territories concerned, which means that a one-size-fits-all approach will not suffice; considers, for instance, that regions affected by specific territorial constraints, such as islands and mountainous, outermost and sparsely populated regions, have specific types of economic and other potential which, to be realised, call for appropriate and innovative mobility solutions; points out, in this context, the need to allocate adequate resources for sustainable transport infrastructure; |
| --- | --- |

14.

Recalls, in this connection, that a strategy for innovative technology needs to be conceived on the basis of the characteristics and distinguishing features of the territories concerned, which means that a one-size-fits-all approach will not suffice; considers, for instance, that regions affected by specific territorial constraints, such as islands and mountainous, outermost and sparsely populated regions, have specific types of economic and other potential which, to be realised, call for appropriate and innovative mobility solutions; points out, in this context, the need to allocate adequate resources for sustainable transport infrastructure;

| 15. | Stresses the need for greater simplification of the administrative procedures for R&I funding at European, national, regional, local and cross-border levels, in order to establish a clear and transparent legal framework; |
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15.

Stresses the need for greater simplification of the administrative procedures for R&I funding at European, national, regional, local and cross-border levels, in order to establish a clear and transparent legal framework;

| 16. | Stresses that efforts to reduce the number of people killed or injured on the roads must be unremitting; urges the Commission to consider and implement those proposals for improving road safety that Parliament has adopted by a large majority; |
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16.

Stresses that efforts to reduce the number of people killed or injured on the roads must be unremitting; urges the Commission to consider and implement those proposals for improving road safety that Parliament has adopted by a large majority;

| 17. | Considers that a change in transport technology is right and important; stresses, however, that this change must be brought about not through prohibitions but through incentives to use new low-resource technologies; |
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17.

Considers that a change in transport technology is right and important; stresses, however, that this change must be brought about not through prohibitions but through incentives to use new low-resource technologies;

| 18. | Stresses that there must be no prohibitions against thinking about innovative new transport solutions or about the use of tried and tested procedures in new combinations; |
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18.

Stresses that there must be no prohibitions against thinking about innovative new transport solutions or about the use of tried and tested procedures in new combinations;

General measures

| 19. | Believes that R&I in the area of sustainable mobility should be based on the principle of integration, in particular through the abolition of trans-border missing links (interconnections), increased compatibility between and within the systems (interoperability) as well as through the objectives of achieving a shift towards the combination of the most appropriate and sustainable transport mode for a given route (inter- and co-modality); |
| --- | --- |

19.

Believes that R&I in the area of sustainable mobility should be based on the principle of integration, in particular through the abolition of trans-border missing links (interconnections), increased compatibility between and within the systems (interoperability) as well as through the objectives of achieving a shift towards the combination of the most appropriate and sustainable transport mode for a given route (inter- and co-modality);

| 20. | Recalls the need for the EU to develop a genuine common transport policy, ensuring the relevance of transport within and between European regions and its coherence across local, regional, national and European levels; calls on the Member States and regions to ensure that the mix of models ensures a greater focus on genuinely sustainable mobility; |
| --- | --- |

20.

Recalls the need for the EU to develop a genuine common transport policy, ensuring the relevance of transport within and between European regions and its coherence across local, regional, national and European levels; calls on the Member States and regions to ensure that the mix of models ensures a greater focus on genuinely sustainable mobility;

| 21. | Stresses that this strategy must be based on an integrative model in which interregional connections and cross-border missing links are accorded the highest importance, including in geographically fragmented regions, and innovative solutions for multimodal transport can reduce regional disparities, stimulate labour mobility and enhance territorial cohesion; is mindful of the fact that there are currently considerable differences between regions in the field of transport networks, and draws attention to the need for investment in sustainable transport technologies and solutions in regions with specific disadvantages, also taking into account the potential of the Connecting Europe Facility; |
| --- | --- |

21.

Stresses that this strategy must be based on an integrative model in which interregional connections and cross-border missing links are accorded the highest importance, including in geographically fragmented regions, and innovative solutions for multimodal transport can reduce regional disparities, stimulate labour mobility and enhance territorial cohesion; is mindful of the fact that there are currently considerable differences between regions in the field of transport networks, and draws attention to the need for investment in sustainable transport technologies and solutions in regions with specific disadvantages, also taking into account the potential of the Connecting Europe Facility;

| 22. | Stresses that R&I should also focus on the development of sustainable infrastructure elements in support of a shift to using renewable primary products such as wood or compound material as railway infrastructure components (e.g. poles for catenary systems or signalisation, building material for platform or bridges); points out that this also includes R&I activities aimed at developing a substance for impregnating wooden sleepers that can serve as an alternative to creosote, the use of which will, under EU legislation, be abolished in 2018; |
| --- | --- |

22.

Stresses that R&I should also focus on the development of sustainable infrastructure elements in support of a shift to using renewable primary products such as wood or compound material as railway infrastructure components (e.g. poles for catenary systems or signalisation, building material for platform or bridges); points out that this also includes R&I activities aimed at developing a substance for impregnating wooden sleepers that can serve as an alternative to creosote, the use of which will, under EU legislation, be abolished in 2018;

| 23. | Emphasises that new approaches to mobility cannot be imposed and that, in order to promote more sustainable behaviour, there is a need for stronger research efforts in to the fields of eco-social knowledge and urban and spatial planning, and in technologies in the fields of mobility demand and behavioural change aimed at better control of transport flows, through, inter alia, innovative mobility management instruments, seamless door-to-door mobility chains that answer to users’ requirements, ecological and intelligent driving systems, and the use of real-time information and communication technologies; |
| --- | --- |

23.

Emphasises that new approaches to mobility cannot be imposed and that, in order to promote more sustainable behaviour, there is a need for stronger research efforts in to the fields of eco-social knowledge and urban and spatial planning, and in technologies in the fields of mobility demand and behavioural change aimed at better control of transport flows, through, inter alia, innovative mobility management instruments, seamless door-to-door mobility chains that answer to users’ requirements, ecological and intelligent driving systems, and the use of real-time information and communication technologies;

| 24. | Considers it essential for local and regional authorities to be involved in European innovation policy governance as it applies to transport and mobility; points out that such public authorities can bring their experience and expertise to bear both in integrating technologies, infrastructure, vehicles and passengers and in fostering new social habits where mobility is concerned; notes that local and regional authorities can identify, and are tasked to manage, the most acute mobility problems, that they are constantly testing and inaugurating good practices and innovative ideas, and that, given the variety of situations with which they have to deal, they are especially familiar with innovation; |
| --- | --- |

24.

Considers it essential for local and regional authorities to be involved in European innovation policy governance as it applies to transport and mobility; points out that such public authorities can bring their experience and expertise to bear both in integrating technologies, infrastructure, vehicles and passengers and in fostering new social habits where mobility is concerned; notes that local and regional authorities can identify, and are tasked to manage, the most acute mobility problems, that they are constantly testing and inaugurating good practices and innovative ideas, and that, given the variety of situations with which they have to deal, they are especially familiar with innovation;

| 25. | Underlines the need for research on fair intra- and intermodal competition in the transport sector, and on the barriers created by vested interests linked to current business models, including, in particular, research on the technological tools needed to improve the consistent and effective enforcement of, and controls on, the rules on cabotage, the social provisions in road transport and the working conditions of persons employed in the sector; |
| --- | --- |

25.

Underlines the need for research on fair intra- and intermodal competition in the transport sector, and on the barriers created by vested interests linked to current business models, including, in particular, research on the technological tools needed to improve the consistent and effective enforcement of, and controls on, the rules on cabotage, the social provisions in road transport and the working conditions of persons employed in the sector;

| 26. | Emphasises that innovative solutions to reduce noise from all transport modes, in particular at the source, are urgently needed in order to protect the health and quality of life of EU citizens and ensure acceptance among the population; recalls emphatically, in this context, its resolution on a Single European Transport Area, which called for the reduction by 2020 of noise and vibrations from, and energy consumption of, rail vehicles by 20 % relative to the reference values for 2010, and stresses once again that noise emissions should, from the outset, play a prominent part in the development of new technologies, strategies and infrastructure in the field of transport; |
| --- | --- |

26.

Emphasises that innovative solutions to reduce noise from all transport modes, in particular at the source, are urgently needed in order to protect the health and quality of life of EU citizens and ensure acceptance among the population; recalls emphatically, in this context, its resolution on a Single European Transport Area, which called for the reduction by 2020 of noise and vibrations from, and energy consumption of, rail vehicles by 20 % relative to the reference values for 2010, and stresses once again that noise emissions should, from the outset, play a prominent part in the development of new technologies, strategies and infrastructure in the field of transport;

| 27. | Is convinced that innovative technologies addressing the interaction between infrastructure and vehicles can play a significant role in reducing accidents, noise and vibrations, energy consumption, gas emissions and climate impact; |
| --- | --- |

27.

Is convinced that innovative technologies addressing the interaction between infrastructure and vehicles can play a significant role in reducing accidents, noise and vibrations, energy consumption, gas emissions and climate impact;

| 28. | Confirms that efforts to achieve cleaner power for transport and mobility technologies should be linked to more efficient concepts and to better vehicle design; underlines the potential for energy savings through the use of innovative ideas, such as energy harvesting measures that take advantage of the opportunities offered by renewables and the use of alternative fuels; |
| --- | --- |

28.

Confirms that efforts to achieve cleaner power for transport and mobility technologies should be linked to more efficient concepts and to better vehicle design; underlines the potential for energy savings through the use of innovative ideas, such as energy harvesting measures that take advantage of the opportunities offered by renewables and the use of alternative fuels;

| 29. | Stresses the need not only to think about building a new transport infrastructure but, in research and development strategies, explicitly to take into account the aspects of repair, maintenance and upgrading (e.g. by equipping it with components for intelligent traffic management and ‘car to infrastructure’ technology); |
| --- | --- |

29.

Stresses the need not only to think about building a new transport infrastructure but, in research and development strategies, explicitly to take into account the aspects of repair, maintenance and upgrading (e.g. by equipping it with components for intelligent traffic management and ‘car to infrastructure’ technology);

| 30. | Calls on the Member States and the Commission to invest in intelligent transport system (ITS) research and see to it that it is carried out, thereby helping to reduce traffic congestion, increase European transport eco-efficiency and improve safety standards; |
| --- | --- |

30.

Calls on the Member States and the Commission to invest in intelligent transport system (ITS) research and see to it that it is carried out, thereby helping to reduce traffic congestion, increase European transport eco-efficiency and improve safety standards;

| 31. | Calls on the Commission to consider the harmonisation of containers and other transport receptacles, and the dimensions of vehicles in all modes of transport, in order to promote the objective of interoperability and intermodality; |
| --- | --- |

31.

Calls on the Commission to consider the harmonisation of containers and other transport receptacles, and the dimensions of vehicles in all modes of transport, in order to promote the objective of interoperability and intermodality;

| 32. | Calls on the Commission to provide Member States with a manual of best practice for compliance with the limit values laid down in the Air Quality Directive; |
| --- | --- |

32.

Calls on the Commission to provide Member States with a manual of best practice for compliance with the limit values laid down in the Air Quality Directive;

Specific measures

| 33. | Acknowledges the importance of R&I in the area of individual mobility and stresses that the behaviour of transport users is decisive; calls for the creation of incentives to choose sustainable, physically active, safe and healthy means of transport and mobility, in order to develop innovative approaches that promote environmentally friendly public transport, walking and cycling, taking into account the needs and specificities of urban, peri-urban, interurban and rural areas; considers it important to improve interoperability between transport services, and believes that approval authorities will need to be particularly alert to, and deal promptly with, such technical or administrative problems as might arise, the object being to open up the market to new transport options matching the above characteristics; |
| --- | --- |

33.

Acknowledges the importance of R&I in the area of individual mobility and stresses that the behaviour of transport users is decisive; calls for the creation of incentives to choose sustainable, physically active, safe and healthy means of transport and mobility, in order to develop innovative approaches that promote environmentally friendly public transport, walking and cycling, taking into account the needs and specificities of urban, peri-urban, interurban and rural areas; considers it important to improve interoperability between transport services, and believes that approval authorities will need to be particularly alert to, and deal promptly with, such technical or administrative problems as might arise, the object being to open up the market to new transport options matching the above characteristics;

| 34. | Underlines the need for the EU institutions to set examples of good practice within their own mobility management services and to manage the necessary effort and its fruits in a transparent way, making this their hallmark; |
| --- | --- |

34.

Underlines the need for the EU institutions to set examples of good practice within their own mobility management services and to manage the necessary effort and its fruits in a transparent way, making this their hallmark;

| 35. | Stresses the need to promote successful practices in the field of sustainable transport and to step up cooperation and exchange of good practices between regions with similar development potentials; recommends that local authorities build on examples of good practice by developing sustainable urban mobility plans in close consultation with civil society; |
| --- | --- |

35.

Stresses the need to promote successful practices in the field of sustainable transport and to step up cooperation and exchange of good practices between regions with similar development potentials; recommends that local authorities build on examples of good practice by developing sustainable urban mobility plans in close consultation with civil society;

| 36. | Believes that European satellite navigation systems such as Galileo should be a major pillar for developing intelligent and efficient transport in Europe; |
| --- | --- |

36.

Believes that European satellite navigation systems such as Galileo should be a major pillar for developing intelligent and efficient transport in Europe;

| 37. | Supports R&I that can contribute to a shift from vehicle ownership towards unconventional user behaviour and new forms of transport-related services, such as car- and bike-sharing; encourages the Commission to intensify its promotion of collective forms of individual mobility and of individualised public and collective transport systems; |
| --- | --- |

37.

Supports R&I that can contribute to a shift from vehicle ownership towards unconventional user behaviour and new forms of transport-related services, such as car- and bike-sharing; encourages the Commission to intensify its promotion of collective forms of individual mobility and of individualised public and collective transport systems;

| 38. | Calls for research to extend to the tax and administrative sphere in order to pave the way for creative incentives in terms of taxes, fees and public tariffs aimed both at private individuals and at manufacturers or providers of products, services, and/or content, with a view to encouraging cycling and walking, when suitable in combination with public transport and other forms of sustainable mobility; |
| --- | --- |

38.

Calls for research to extend to the tax and administrative sphere in order to pave the way for creative incentives in terms of taxes, fees and public tariffs aimed both at private individuals and at manufacturers or providers of products, services, and/or content, with a view to encouraging cycling and walking, when suitable in combination with public transport and other forms of sustainable mobility;

| 39. | Highlights once again the need to improve and promote multimodal transport through integrated and electronic information and ticketing schemes, based on open-data solutions; points out that research and innovation in this field should particularly be geared to freedom from barriers, interoperability, affordability, price transparency, user-friendliness and efficiency; |
| --- | --- |

39.

Highlights once again the need to improve and promote multimodal transport through integrated and electronic information and ticketing schemes, based on open-data solutions; points out that research and innovation in this field should particularly be geared to freedom from barriers, interoperability, affordability, price transparency, user-friendliness and efficiency;

| 40. | Stresses the need to develop innovative long-lasting infrastructure solutions — including greater development of information, payment and reservation systems — that particularly take into account barrier-free accessibility for all passengers, and specifically for disabled people and persons with reduced mobility (PRMs) such as users with wheelchairs, buggies, bicycles or heavy luggage; |
| --- | --- |

40.

Stresses the need to develop innovative long-lasting infrastructure solutions — including greater development of information, payment and reservation systems — that particularly take into account barrier-free accessibility for all passengers, and specifically for disabled people and persons with reduced mobility (PRMs) such as users with wheelchairs, buggies, bicycles or heavy luggage;

| 41. | Advocates making data on timetables and delays in public transport freely available, allowing third parties to develop telematics applications that can offer further convenience to passenger, such as real-time information on how to reach a specific destination using different modes of transport, or a comparison of the ecological footprints of different modes of transport when travelling to a specific destination; |
| --- | --- |

41.

Advocates making data on timetables and delays in public transport freely available, allowing third parties to develop telematics applications that can offer further convenience to passenger, such as real-time information on how to reach a specific destination using different modes of transport, or a comparison of the ecological footprints of different modes of transport when travelling to a specific destination;

| 42. | Stresses that, when it comes to developing innovation for transport and mobility in urban and residential areas, focus should be placed on health and quality of life, including a fair share of space for all, reduced noise and cleaner air; |
| --- | --- |

42.

Stresses that, when it comes to developing innovation for transport and mobility in urban and residential areas, focus should be placed on health and quality of life, including a fair share of space for all, reduced noise and cleaner air;

| 43. | Reminds the Commission of the urgent need to improve safety for all road users, in particular the most vulnerable ones, such as children, elderly people, pedestrians, cyclists and people with disabilities or reduced mobility; endorses R&I projects that combine technological solutions with intelligent drivers and their behavioural approaches; |
| --- | --- |

43.

Reminds the Commission of the urgent need to improve safety for all road users, in particular the most vulnerable ones, such as children, elderly people, pedestrians, cyclists and people with disabilities or reduced mobility; endorses R&I projects that combine technological solutions with intelligent drivers and their behavioural approaches;

| 44. | Believes that in order to ease traffic congestion in urban areas and heavily built-up regions, it is important not only to increase the efficiency of existing means of transport but also, through technological progress, to pinpoint alternative transport solutions and promote their use; |
| --- | --- |

44.

Believes that in order to ease traffic congestion in urban areas and heavily built-up regions, it is important not only to increase the efficiency of existing means of transport but also, through technological progress, to pinpoint alternative transport solutions and promote their use;

| 45. | Encourages the Commission strongly to promote innovation in the field of zero-emission ships, in particular ferries, cruise liners and maritime ships, based on the use of renewable energies from wind, solar and wave power, and linked with fuel-cell technologies; |
| --- | --- |

45.

Encourages the Commission strongly to promote innovation in the field of zero-emission ships, in particular ferries, cruise liners and maritime ships, based on the use of renewable energies from wind, solar and wave power, and linked with fuel-cell technologies;

| 46. | Calls on the Commission to focus research efforts on further reducing the health and climate impact of emissions from all modes of transport; |
| --- | --- |

46.

Calls on the Commission to focus research efforts on further reducing the health and climate impact of emissions from all modes of transport;

| 47. | Considers that a coherent and efficient European transport-technology strategy must be in line with the EU 2020 Strategy (COM(2010)2020) and the 1990 reduction targets, as well as being in full compliance with the 2011 White Paper on Transport, ‘Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system’ (COM(2011)0144), in terms of territorial cohesion and balanced development; believes that it should permit reductions in energy consumption, traffic noise, traffic needs, air pollutants and greenhouse gas emissions; maintains that if the EU is to achieve those ends it will need to set firm targets for 2020, 2030 and 2050; |
| --- | --- |

47.

Considers that a coherent and efficient European transport-technology strategy must be in line with the EU 2020 Strategy (COM(2010)2020) and the 1990 reduction targets, as well as being in full compliance with the 2011 White Paper on Transport, ‘Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system’ (COM(2011)0144), in terms of territorial cohesion and balanced development; believes that it should permit reductions in energy consumption, traffic noise, traffic needs, air pollutants and greenhouse gas emissions; maintains that if the EU is to achieve those ends it will need to set firm targets for 2020, 2030 and 2050;

| 48. | Stresses the need to reinforce R&I in the field of inland navigation, namely in order to develop clean vessels and technologies adapted to low-draught navigation such as River Adapted Ships for Sustainable Inland Navigation (RASSIN), which would allow savings to be made in inland waterway infrastructure; |
| --- | --- |

48.

Stresses the need to reinforce R&I in the field of inland navigation, namely in order to develop clean vessels and technologies adapted to low-draught navigation such as River Adapted Ships for Sustainable Inland Navigation (RASSIN), which would allow savings to be made in inland waterway infrastructure;

| 49. | Welcomes the Commission’s proposal for the establishment of a Transport Research and Innovation Monitoring and Information System (TRIMIS); underlines the importance of providing regular, free, easily accessible and reliable information to regional policymakers; regrets the fact that to date it is still very difficult to access information concerning EU funding for transport projects; |
| --- | --- |

49.

Welcomes the Commission’s proposal for the establishment of a Transport Research and Innovation Monitoring and Information System (TRIMIS); underlines the importance of providing regular, free, easily accessible and reliable information to regional policymakers; regrets the fact that to date it is still very difficult to access information concerning EU funding for transport projects;

| 50. | Recommends that the Commission develop initiatives to identify and reward sustainable urban development programmes, along the lines of, for example, the RegioStars awards; |
| --- | --- |

50.

Recommends that the Commission develop initiatives to identify and reward sustainable urban development programmes, along the lines of, for example, the RegioStars awards;

| 51. | Stresses that a comprehensive European strategy must be supported from the bottom up, by well-prepared integrated transport strategies on the part of local and regional authorities and national governments; takes the view that the design of such strategies should be supported by the European funds; |
| --- | --- |

51.

Stresses that a comprehensive European strategy must be supported from the bottom up, by well-prepared integrated transport strategies on the part of local and regional authorities and national governments; takes the view that the design of such strategies should be supported by the European funds;

| 52. | Considers that all public support should be provided in accordance with relevant European legislation on State aid, including rules on research, development and innovation activities, and on the funding of transport activities and infrastructure; takes the view, however, that the EU’s State aid rules should also take adequate account of the specific disadvantages of certain regions; |
| --- | --- |

52.

Considers that all public support should be provided in accordance with relevant European legislation on State aid, including rules on research, development and innovation activities, and on the funding of transport activities and infrastructure; takes the view, however, that the EU’s State aid rules should also take adequate account of the specific disadvantages of certain regions;

| 53. | Highlights the need for the Commission to improve its activities in the transfer of knowledge resulting from R&I activities to interested users (such as SMEs or research institutes) by creating a clustered database providing a clear categorised overview of all R&I projects funded by the EU; |
| --- | --- |

53.

Highlights the need for the Commission to improve its activities in the transfer of knowledge resulting from R&I activities to interested users (such as SMEs or research institutes) by creating a clustered database providing a clear categorised overview of all R&I projects funded by the EU;

| 54. | Stresses the importance of new initiatives such as the pooling of transport and logistics capacity with a view to more efficient goods transport; calls on the Commission to tackle the possible obstacles to such initiatives; |
| --- | --- |

54.

Stresses the importance of new initiatives such as the pooling of transport and logistics capacity with a view to more efficient goods transport; calls on the Commission to tackle the possible obstacles to such initiatives;

| 55. | Underlines the importance of emission standards for certain modes of transport, i.e. cars; takes the view that a similar approach should be explored for aviation and ships; |
| --- | --- |

55.

Underlines the importance of emission standards for certain modes of transport, i.e. cars; takes the view that a similar approach should be explored for aviation and ships;

| 56. | Supports further R&I in the field of security solutions for the transport sector, provided that the principles of proportionality, non-discrimination and data protection are respected; |
| --- | --- |

56.

Supports further R&I in the field of security solutions for the transport sector, provided that the principles of proportionality, non-discrimination and data protection are respected;

| 57. | Endorses and supports the approach proposed by the Commission with its measures for a European transport technology strategy; stresses, however, that this does not provide a legal basis for delegated legal acts or the like but that the Commission must propose measures for adoption under co-decision; |
| --- | --- |

57.

Endorses and supports the approach proposed by the Commission with its measures for a European transport technology strategy; stresses, however, that this does not provide a legal basis for delegated legal acts or the like but that the Commission must propose measures for adoption under co-decision;

| 58. | Calls on the Commission to take into account the priorities set out in this report when preparing the European strategic transport-technology plan and options for further action; |
| --- | --- |

58.

Calls on the Commission to take into account the priorities set out in this report when preparing the European strategic transport-technology plan and options for further action;

o

o o

| 59. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

59.

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

---

(1)  OJ C 56 E, 26.2.2013, p. 54.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/8 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/8

---

P7_TA(2013)0344

Making the internal energy market work

European Parliament resolution of 10 September 2013 on making the internal energy market work (2013/2005(INI))

(2016/C 093/02)

The European Parliament,

| — | having regard to the Commission Communication entitled ‘Making the internal energy market work’ and the accompanying working documents (COM(2012)0663), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Making the internal energy market work’ and the accompanying working documents (COM(2012)0663),

| — | having regard to its position of 12 March 2013 on the proposal for a regulation of the European Parliament and the Council on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC (1), |
| --- | --- |

—

having regard to its position of 12 March 2013 on the proposal for a regulation of the European Parliament and the Council on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC (1),

| — | having regard to Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply and repealing Council Directive 2004/67/EC (2), |
| --- | --- |

—

having regard to Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply and repealing Council Directive 2004/67/EC (2),

| — | having regard to Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (3), |
| --- | --- |

—

having regard to Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (3),

| — | having regard to Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas (4), |
| --- | --- |

—

having regard to Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas (4),

| — | having regard to Directive 2009/72/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (5), |
| --- | --- |

—

having regard to Directive 2009/72/EC of the European Parliament and the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (5),

| — | having regard to Regulation (EC) No 714/2009 of the European Parliament and the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003, |
| --- | --- |

—

having regard to Regulation (EC) No 714/2009 of the European Parliament and the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003,

| — | having regard to Regulation (EC) No 715/2009 of the European Parliament and the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005, |
| --- | --- |

—

having regard to Regulation (EC) No 715/2009 of the European Parliament and the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005,

| — | having regard to Directive 2012/27/EU of the European Parliament and the Council of 25 October 2012 on Energy Efficiency (6), |
| --- | --- |

—

having regard to Directive 2012/27/EU of the European Parliament and the Council of 25 October 2012 on Energy Efficiency (6),

| — | having regard to Council Directive 2009/71/Euratom of 25 June 2009 on establishing a Community framework for the nuclear safety of nuclear installations (7), |
| --- | --- |

—

having regard to Council Directive 2009/71/Euratom of 25 June 2009 on establishing a Community framework for the nuclear safety of nuclear installations (7),

| — | having regard to the Commission communication of 3 March 2010 entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020), |
| --- | --- |

—

having regard to the Commission communication of 3 March 2010 entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

| — | having regard to Decision No 994/2012/EU of the European Parliament and of the Council of 25 October 2012 establishing an information exchange mechanism with regard to intergovernmental agreements between Member States and third countries in the field of energy (8), |
| --- | --- |

—

having regard to Decision No 994/2012/EU of the European Parliament and of the Council of 25 October 2012 establishing an information exchange mechanism with regard to intergovernmental agreements between Member States and third countries in the field of energy (8),

| — | having regard to the Commission communication of 15 December 2011 entitled ‘Energy Roadmap 2050’ (COM(2011)0885), |
| --- | --- |

—

having regard to the Commission communication of 15 December 2011 entitled ‘Energy Roadmap 2050’ (COM(2011)0885),

| — | having regard to the Commission communication of 3 October 2012 entitled ‘Single Market Act II Together for New Growth’ (COM(2012)0573), |
| --- | --- |

—

having regard to the Commission communication of 3 October 2012 entitled ‘Single Market Act II Together for New Growth’ (COM(2012)0573),

| — | having regard to the Commission communication of 6 June 2012 entitled ‘Renewable energy: a major player in the European energy market’ (COM(2012)0271), |
| --- | --- |

—

having regard to the Commission communication of 6 June 2012 entitled ‘Renewable energy: a major player in the European energy market’ (COM(2012)0271),

| — | having regard to its resolution of 25 November 2010 entitled ‘Towards a new Energy Strategy for Europe 2011-2020’ (9), |
| --- | --- |

—

having regard to its resolution of 25 November 2010 entitled ‘Towards a new Energy Strategy for Europe 2011-2020’ (9),

| — | having regard to its resolution of 12 June 2012 on engaging in energy policy cooperation with partners beyond our borders: A strategic approach to secure, sustainable and competitive energy supply
   (10), |
| --- | --- |

—

having regard to its resolution of 12 June 2012 on engaging in energy policy cooperation with partners beyond our borders: A strategic approach to secure, sustainable and competitive energy supply
   (10),

| — | having regard to its resolution of 13 December 2012 on the EU steel industry (11), |
| --- | --- |

—

having regard to its resolution of 13 December 2012 on the EU steel industry (11),

| — | having regard to the recommendations issued on 12 February 2013 by the High-Level Round Table on the future of the European steel industry, |
| --- | --- |

—

having regard to the recommendations issued on 12 February 2013 by the High-Level Round Table on the future of the European steel industry,

| — | having regard to its resolution of 15 March 2012 on a roadmap for moving to a competitive low carbon economy in 2050 (12), |
| --- | --- |

—

having regard to its resolution of 15 March 2012 on a roadmap for moving to a competitive low carbon economy in 2050 (12),

| — | having regard to its resolution of 14 March 2013 on the Energy Roadmap 2050, a future with energy (13), |
| --- | --- |

—

having regard to its resolution of 14 March 2013 on the Energy Roadmap 2050, a future with energy (13),

| — | having regard to its resolution on the industrial, energy and other aspects of shale gas and shale oil (14) and its resolution on environmental impacts of shale gas and shale oil extraction activities (15), both adopted on 21 November 2012, |
| --- | --- |

—

having regard to its resolution on the industrial, energy and other aspects of shale gas and shale oil (14) and its resolution on environmental impacts of shale gas and shale oil extraction activities (15), both adopted on 21 November 2012,

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Internal Market and Consumer Protection (A7-0262/2013), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Internal Market and Consumer Protection (A7-0262/2013),

| A. | whereas the Member States have committed themselves to clear deadlines for the completion of the internal energy market by 2014 and for doing away with the EU’s ‘energy islands’ by 2015; |
| --- | --- |

A.

whereas the Member States have committed themselves to clear deadlines for the completion of the internal energy market by 2014 and for doing away with the EU’s ‘energy islands’ by 2015;

| B. | whereas a completed internal energy market is indispensable for the Union’s overall energy security and sustainability, and is of essential value for the Union’s global competitiveness, economic growth and the creation of new jobs, as recognised in the Single Market Act II and the Europe 2020 strategy; |
| --- | --- |

B.

whereas a completed internal energy market is indispensable for the Union’s overall energy security and sustainability, and is of essential value for the Union’s global competitiveness, economic growth and the creation of new jobs, as recognised in the Single Market Act II and the Europe 2020 strategy;

| C. | whereas the Commission’s Energy 2020 strategy builds on estimates for necessary investment needs in the energy sector amounting to EUR 1 trillion by 2020, of which EUR 540 billion are for power generation and EUR 210 billion for electricity and gas networks of European importance; |
| --- | --- |

C.

whereas the Commission’s Energy 2020 strategy builds on estimates for necessary investment needs in the energy sector amounting to EUR 1 trillion by 2020, of which EUR 540 billion are for power generation and EUR 210 billion for electricity and gas networks of European importance;

| D. | whereas the Energy Roadmap 2050 underlines that full integration of the European energy networks and the opening up of markets are critical for maintaining the balance between energy security, competitiveness, cost efficiency, a sustainable economy and consumer interests; whereas the Energy Roadmap 2050 states that energy efficiency, renewable energies and energy infrastructures are the no-regrets options; |
| --- | --- |

D.

whereas the Energy Roadmap 2050 underlines that full integration of the European energy networks and the opening up of markets are critical for maintaining the balance between energy security, competitiveness, cost efficiency, a sustainable economy and consumer interests; whereas the Energy Roadmap 2050 states that energy efficiency, renewable energies and energy infrastructures are the no-regrets options;

| E. | whereas the share in Europe's energy mix accounted for by renewable energy sources (RES) is growing in the short, medium and long term; whereas large-scale integration of RES presupposes an adaptation of the grid and improved flexibility; |
| --- | --- |

E.

whereas the share in Europe's energy mix accounted for by renewable energy sources (RES) is growing in the short, medium and long term; whereas large-scale integration of RES presupposes an adaptation of the grid and improved flexibility;

| F. | whereas a single energy market will empower the Union to speak with one voice vis-à-vis external partners and ensure a level playing field for all EU and non-EU companies, while also guaranteeing social and environmental standards and working towards reciprocity in third countries; |
| --- | --- |

F.

whereas a single energy market will empower the Union to speak with one voice vis-à-vis external partners and ensure a level playing field for all EU and non-EU companies, while also guaranteeing social and environmental standards and working towards reciprocity in third countries;

| G. | whereas a system needs to be established that will allow the Member States to exchange information on energy-supply agreements with third countries; |
| --- | --- |

G.

whereas a system needs to be established that will allow the Member States to exchange information on energy-supply agreements with third countries;

| H. | whereas an internal European energy market and its respective national energy markets must be competitive and deliver real choice and transparent information to all consumers, who play a central role in the energy market; whereas the completion of the internal energy market is essential to bring down energy costs and prices to affordable and competitive levels in the short, medium and long-term; whereas reduced prices on energy markets are often not passed on to the consumers; |
| --- | --- |

H.

whereas an internal European energy market and its respective national energy markets must be competitive and deliver real choice and transparent information to all consumers, who play a central role in the energy market; whereas the completion of the internal energy market is essential to bring down energy costs and prices to affordable and competitive levels in the short, medium and long-term; whereas reduced prices on energy markets are often not passed on to the consumers;

| I. | whereas a European Energy Community, applying the Community method, must be based on a strong common energy market, the coordination of energy purchasing outside of the EU, and common European funding of new sustainable energy technologies, notably in the areas of research and innovation; |
| --- | --- |

I.

whereas a European Energy Community, applying the Community method, must be based on a strong common energy market, the coordination of energy purchasing outside of the EU, and common European funding of new sustainable energy technologies, notably in the areas of research and innovation;

| J. | whereas certain progress has been achieved towards enhanced cross-border cooperation, partial elimination of energy islands and prevention of supply shortages; |
| --- | --- |

J.

whereas certain progress has been achieved towards enhanced cross-border cooperation, partial elimination of energy islands and prevention of supply shortages;

| 1. | Welcomes, broadly, the Communication and the accompanying Action Plan, which summarise the progress achieved so far and the challenges ahead for the completion of the internal energy market; |
| --- | --- |

1.

Welcomes, broadly, the Communication and the accompanying Action Plan, which summarise the progress achieved so far and the challenges ahead for the completion of the internal energy market;

| 2. | Acknowledges that the trend of rising energy prices is likely to continue given that these prices are currently linked — in the case of gas — to per-barrel oil price, and — in the case of electricity — to volatile fuel prices, and are further affected by Europe's dependency on oil and gas imports, by the impact of the intervening measures, by the insufficient actions to promote energy efficiency, and by the lack of investments needed to maintain and modernise energy systems (including reverse flows and interconnectors) with a view to guaranteeing high levels of security of supply and facilitating the integration of RES; advocates, therefore, the decoupling of the gas pricing mechanism from the oil indexation to more flexible alternatives, while respecting the freedom of commercial exchange; |
| --- | --- |

2.

Acknowledges that the trend of rising energy prices is likely to continue given that these prices are currently linked — in the case of gas — to per-barrel oil price, and — in the case of electricity — to volatile fuel prices, and are further affected by Europe's dependency on oil and gas imports, by the impact of the intervening measures, by the insufficient actions to promote energy efficiency, and by the lack of investments needed to maintain and modernise energy systems (including reverse flows and interconnectors) with a view to guaranteeing high levels of security of supply and facilitating the integration of RES; advocates, therefore, the decoupling of the gas pricing mechanism from the oil indexation to more flexible alternatives, while respecting the freedom of commercial exchange;

| 3. | Stresses that the development of indigenous resources will lead to the emergence of new trading hubs in the EU and new spot markets for gas and electricity, thus presenting a real opportunity for the EU and the Member States to determine their own energy prices, including at a regional and local level; |
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3.

Stresses that the development of indigenous resources will lead to the emergence of new trading hubs in the EU and new spot markets for gas and electricity, thus presenting a real opportunity for the EU and the Member States to determine their own energy prices, including at a regional and local level;

| 4. | Recognises the European added value of better energy policy coordination and cooperation among the Member States, in a spirit of solidarity, and of creating efficient and secure trans-border energy systems, thereby creating synergies through improved management of the supply and demand of energy, facilitated through smart technologies at distribution system level; |
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4.

Recognises the European added value of better energy policy coordination and cooperation among the Member States, in a spirit of solidarity, and of creating efficient and secure trans-border energy systems, thereby creating synergies through improved management of the supply and demand of energy, facilitated through smart technologies at distribution system level;

| 5. | Points to the importance of regional markets, and of cooperation between Member States, when it comes to removing barriers, speeding up the integration process and improving network efficiency; |
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5.

Points to the importance of regional markets, and of cooperation between Member States, when it comes to removing barriers, speeding up the integration process and improving network efficiency;

| 6. | Recalls its support for the creation of a European Energy Community between the Member States, and asks the Commission and the European Council to report on the progress towards its creation; |
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6.

Recalls its support for the creation of a European Energy Community between the Member States, and asks the Commission and the European Council to report on the progress towards its creation;

Consumer-oriented market

| 7. | Stresses that end energy-consumers — individuals, SME’s and industry alike — are at the very core of the user-friendly and transparent internal energy market; notes that, as such, they must be duly protected, and accurately informed with easy access to information, so that they are able to exercise their rights fully, while encouraged to play a more active role in stimulating market competition, moving from passive service recipients to active informed consumers and prosumers; |
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7.

Stresses that end energy-consumers — individuals, SME’s and industry alike — are at the very core of the user-friendly and transparent internal energy market; notes that, as such, they must be duly protected, and accurately informed with easy access to information, so that they are able to exercise their rights fully, while encouraged to play a more active role in stimulating market competition, moving from passive service recipients to active informed consumers and prosumers;

| 8. | Emphasises the importance of ensuring a competitive, easily managed and transparent energy market that offers real choice and competing prices to consumers as well as provides all present and future EU energy consumers with safe, sustainable, affordable and reliable ways of generating energy that takes into account the interests of coming generations; |
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8.

Emphasises the importance of ensuring a competitive, easily managed and transparent energy market that offers real choice and competing prices to consumers as well as provides all present and future EU energy consumers with safe, sustainable, affordable and reliable ways of generating energy that takes into account the interests of coming generations;

| 9. | Takes the view that greater participation on the part of consumers will be facilitated by local cooperatives for renewable energy, collective switching initiatives and aggregators, or other enablers such as decentralised storage and smart appliances; believes that such enablers will help consumers better understand and manage their energy consumption, and thereby become more flexible and responsive (from both a demand and a supply perspective), and that they can strengthen access to renewables and generate the necessary financial investments; |
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9.

Takes the view that greater participation on the part of consumers will be facilitated by local cooperatives for renewable energy, collective switching initiatives and aggregators, or other enablers such as decentralised storage and smart appliances; believes that such enablers will help consumers better understand and manage their energy consumption, and thereby become more flexible and responsive (from both a demand and a supply perspective), and that they can strengthen access to renewables and generate the necessary financial investments;

| 10. | Draws attention to the advantage of applying variable network-use charges in order to encourage customers to consume energy outside peak periods, in the interest of promoting a sustainable energy use; |
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10.

Draws attention to the advantage of applying variable network-use charges in order to encourage customers to consume energy outside peak periods, in the interest of promoting a sustainable energy use;

| 11. | Believes that smart technologies must deliver accurate, understandable and user-friendly information to consumers, and must empower them to manage their energy consumption and production; believes, therefore, that smart technologies must be completed with dynamic, online transmission and distribution grid management, incorporating such services as grid support services, voluntary demand-side response, energy efficiency services, micro-generation and storage solutions, and local or home brokers; points out, however, that the levels of energy consumption required for smart meters to provide economic advantages must be duly scrutinised, and that consumers of energy volumes below such levels shall not be obliged to invest in them; |
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11.

Believes that smart technologies must deliver accurate, understandable and user-friendly information to consumers, and must empower them to manage their energy consumption and production; believes, therefore, that smart technologies must be completed with dynamic, online transmission and distribution grid management, incorporating such services as grid support services, voluntary demand-side response, energy efficiency services, micro-generation and storage solutions, and local or home brokers; points out, however, that the levels of energy consumption required for smart meters to provide economic advantages must be duly scrutinised, and that consumers of energy volumes below such levels shall not be obliged to invest in them;

| 12. | Expresses concern about developments encouraging telecommunication companies to manage distribution grid data, as such a responsibility on their part raises serious questions about the protection of data as well as the risk that operators would have to buy the technical data they need to fulfil their functions as distribution system operators; |
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12.

Expresses concern about developments encouraging telecommunication companies to manage distribution grid data, as such a responsibility on their part raises serious questions about the protection of data as well as the risk that operators would have to buy the technical data they need to fulfil their functions as distribution system operators;

| 13. | Recognises that energy poverty presents considerable challenges in Member States; points out that the one-size-fits all approach does not take into account the diversity of national realities; considers, therefore, that vulnerable consumers require special and effective protection, and that, to that end, appropriate mechanisms must be put in place, while market distortions are avoided; highlights that specific measures already exist as required by the Third Energy Package; |
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13.

Recognises that energy poverty presents considerable challenges in Member States; points out that the one-size-fits all approach does not take into account the diversity of national realities; considers, therefore, that vulnerable consumers require special and effective protection, and that, to that end, appropriate mechanisms must be put in place, while market distortions are avoided; highlights that specific measures already exist as required by the Third Energy Package;

| 14. | Notes that the shale gas revolution in the US has reduced CO2 emissions while creating a significant competitive advantage for the US industry; |
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14.

Notes that the shale gas revolution in the US has reduced CO2 emissions while creating a significant competitive advantage for the US industry;

Current challenges in completing the internal energy market

| 15. | Stresses that the internal energy market is not completed yet, and that national energy markets fall short of satisfying the needs and expectations of consumers, as in some Member States they continue to face: high prices; a limited choice of suppliers, producers and tariffs; overall low quality of services; often too weak consumer protection; and difficulties in switching supplier; stresses, therefore, the need to build a more user-friendly market where consumers can play an active role and become prosumers in an EU-wide market in which they are informed about the terms offered by individual providers in such a way as to facilitate comparison; notes, in this regard, the role of collective switching in empowering consumers and providing lower energy bills; |
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15.

Stresses that the internal energy market is not completed yet, and that national energy markets fall short of satisfying the needs and expectations of consumers, as in some Member States they continue to face: high prices; a limited choice of suppliers, producers and tariffs; overall low quality of services; often too weak consumer protection; and difficulties in switching supplier; stresses, therefore, the need to build a more user-friendly market where consumers can play an active role and become prosumers in an EU-wide market in which they are informed about the terms offered by individual providers in such a way as to facilitate comparison; notes, in this regard, the role of collective switching in empowering consumers and providing lower energy bills;

| 16. | Believes that the lack of full implementation of internal energy market legislation remains one of the main obstacles for the completion of this market; believes that the necessary consolidation of the internal market includes extending our infrastructure whilst implementing internal market law and enforcing competition rules; |
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16.

Believes that the lack of full implementation of internal energy market legislation remains one of the main obstacles for the completion of this market; believes that the necessary consolidation of the internal market includes extending our infrastructure whilst implementing internal market law and enforcing competition rules;

| 17. | Stresses that modernising the existing energy infrastructure, and building new, intelligent and flexible generation, transmission (especially transborder gas and electricity interconnectors), distribution and storage infrastructures is essential for a stable, well-integrated and well-connected energy market, where any negative effects, such as unplanned power flows, are avoided, where supply at affordable and competitive prices is secured, where the full potential of all sustainable energy sources, and of micro-generation, cogeneration and efficiency, demand-side management and storage, is fully exploited, and where no Member State remains isolated from the European gas and electricity networks by 2015, to be achieved, i.a., through the synchronous integration of isolated power systems into the European continental networks; emphasises that large-scale investments should be made in parallel with investments in regional or even local networks, as energy generation increasingly takes place at regional/local level; |
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17.

Stresses that modernising the existing energy infrastructure, and building new, intelligent and flexible generation, transmission (especially transborder gas and electricity interconnectors), distribution and storage infrastructures is essential for a stable, well-integrated and well-connected energy market, where any negative effects, such as unplanned power flows, are avoided, where supply at affordable and competitive prices is secured, where the full potential of all sustainable energy sources, and of micro-generation, cogeneration and efficiency, demand-side management and storage, is fully exploited, and where no Member State remains isolated from the European gas and electricity networks by 2015, to be achieved, i.a., through the synchronous integration of isolated power systems into the European continental networks; emphasises that large-scale investments should be made in parallel with investments in regional or even local networks, as energy generation increasingly takes place at regional/local level;

| 18. | Notes, in this regard, that a decentralised renewable energy supply reduces the need to build new transmission lines, and hence the associated costs, as decentralised technologies –which can be directly integrated in homes, cities and remote areas — are much closer to the end-consumers; |
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18.

Notes, in this regard, that a decentralised renewable energy supply reduces the need to build new transmission lines, and hence the associated costs, as decentralised technologies –which can be directly integrated in homes, cities and remote areas — are much closer to the end-consumers;

| 19. | Acknowledges that allowing renewable electricity production to grow without a commensurate development of the necessary infrastructure may result in uncoordinated cross-border loop-flows and, consequently, sub-optimal energy prices; |
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19.

Acknowledges that allowing renewable electricity production to grow without a commensurate development of the necessary infrastructure may result in uncoordinated cross-border loop-flows and, consequently, sub-optimal energy prices;

| 20. | Recalls than the Member States’ target to reach a level of electricity and gas interconnections equivalent to at least 10 % of their installed production capacity, as agreed on at the European Council summits in 2002 and 2007, has not yet been achieved; |
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20.

Recalls than the Member States’ target to reach a level of electricity and gas interconnections equivalent to at least 10 % of their installed production capacity, as agreed on at the European Council summits in 2002 and 2007, has not yet been achieved;

| 21. | Welcomes the Commission's emphasis that Europe's future energy systems will be characterised by flexibility; notes that, in all timeframes, well-functioning cross-border wholesale markets are easily accessible sources of flexibility; calls for further efforts to stimulate the future uptake of energy storage technologies and demand-side responsiveness, all of which offer additional sources of flexibility; |
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21.

Welcomes the Commission's emphasis that Europe's future energy systems will be characterised by flexibility; notes that, in all timeframes, well-functioning cross-border wholesale markets are easily accessible sources of flexibility; calls for further efforts to stimulate the future uptake of energy storage technologies and demand-side responsiveness, all of which offer additional sources of flexibility;

| 22. | Believes that energy efficiency is one of the most sustainable and cost-effective ways of reducing energy bills, enhancing security of supply, reducing fossil fuel import needs and avoiding carbon emissions; recognises that any measure which promotes energy efficiency must be appropriate to the needs of consumers, cost-effective and supported by the right incentives; |
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22.

Believes that energy efficiency is one of the most sustainable and cost-effective ways of reducing energy bills, enhancing security of supply, reducing fossil fuel import needs and avoiding carbon emissions; recognises that any measure which promotes energy efficiency must be appropriate to the needs of consumers, cost-effective and supported by the right incentives;

| 23. | Underlines that according to International Energy Agency findings, bolder action on energy efficiency can reduce EU gas imports by one-third in 2035, corresponding to 100 bcm of gas; |
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23.

Underlines that according to International Energy Agency findings, bolder action on energy efficiency can reduce EU gas imports by one-third in 2035, corresponding to 100 bcm of gas;

| 24. | Recalls that synergies between telecommunication and energy infrastructure development, deployment and maintenance will play a key role in the efforts to fulfil the European Union energy efficiency objectives; |
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24.

Recalls that synergies between telecommunication and energy infrastructure development, deployment and maintenance will play a key role in the efforts to fulfil the European Union energy efficiency objectives;

| 25. | Highlights the need to continue to unbundle European energy markets in order to secure competition and ensure the supply of electricity at the lowest possible price; |
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25.

Highlights the need to continue to unbundle European energy markets in order to secure competition and ensure the supply of electricity at the lowest possible price;

| 26. | Believes that investment in infrastructure needs to be encouraged through a stable, innovation-friendly and predictable regulatory frameworks that does not impede the functioning of the internal market, and that pension funds and institutional investors should be allowed to invest in transmission, recognising that this cannot be achieved unless market-driven; recognises at the same time, however, that, in certain specific cases, infrastructural transformations can hardly be achieved unless public funding is provided to supports key infrastructure projects that may not be commercially viable; stresses, in this connection, the importance of the Connecting Europe Facility, and regrets that this mechanism's share of the energy budget is less than the amount proposed by the Commission; |
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26.

Believes that investment in infrastructure needs to be encouraged through a stable, innovation-friendly and predictable regulatory frameworks that does not impede the functioning of the internal market, and that pension funds and institutional investors should be allowed to invest in transmission, recognising that this cannot be achieved unless market-driven; recognises at the same time, however, that, in certain specific cases, infrastructural transformations can hardly be achieved unless public funding is provided to supports key infrastructure projects that may not be commercially viable; stresses, in this connection, the importance of the Connecting Europe Facility, and regrets that this mechanism's share of the energy budget is less than the amount proposed by the Commission;

| 27. | Calls for studies exploring the possibility of establishing a European fund for investment in energy networks; |
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27.

Calls for studies exploring the possibility of establishing a European fund for investment in energy networks;

| 28. | Underlines that streamlining authorisation procedures within the Member States will contribute to the development of infrastructure networks and to the unlocking of investments; stresses that local and regional authorities should play an important role in this respect by simplifying planning procedures and integrating energy infrastructure in their local and regional planning schemes; |
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28.

Underlines that streamlining authorisation procedures within the Member States will contribute to the development of infrastructure networks and to the unlocking of investments; stresses that local and regional authorities should play an important role in this respect by simplifying planning procedures and integrating energy infrastructure in their local and regional planning schemes;

| 29. | Notes that the lack of open and non-discriminatory access to transmission infrastructure continues in some cases to hinder new entrants from joining the network or, indeed, from competing on the market on fair terms against incumbent companies; underlines the need to tackle structural market distortions that lead to the high level of concentration existing in several Member States; |
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29.

Notes that the lack of open and non-discriminatory access to transmission infrastructure continues in some cases to hinder new entrants from joining the network or, indeed, from competing on the market on fair terms against incumbent companies; underlines the need to tackle structural market distortions that lead to the high level of concentration existing in several Member States;

| 30. | Stresses, in this regard, that the rules of the third energy package should be applied fully to both European and foreign companies; believes that any exemptions from these rules granted by the Commission should be limited in their scope and length of application, and be subject to review by Parliament and the Council; |
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30.

Stresses, in this regard, that the rules of the third energy package should be applied fully to both European and foreign companies; believes that any exemptions from these rules granted by the Commission should be limited in their scope and length of application, and be subject to review by Parliament and the Council;

| 31. | Stresses that the lack of transparency and the existence of anticompetitive practices in wholesale energy markets undermine consumer trust; believes there is an urgent need to understand cost formation in wholesale markets as well as the impact on consumers' bills; |
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31.

Stresses that the lack of transparency and the existence of anticompetitive practices in wholesale energy markets undermine consumer trust; believes there is an urgent need to understand cost formation in wholesale markets as well as the impact on consumers' bills;

| 32. | Fully supports measures taken to introduce a level playing field by creating more decentralised and competitive market models, given that they create more opportunities for local energy producers and for new industrial players; |
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32.

Fully supports measures taken to introduce a level playing field by creating more decentralised and competitive market models, given that they create more opportunities for local energy producers and for new industrial players;

| 33. | Recalls that in order to prevent dominant incumbent suppliers from foreclosing the opening of the market, it is important to enable the development of new business models, such as the ability to contract simultaneously with several suppliers; |
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33.

Recalls that in order to prevent dominant incumbent suppliers from foreclosing the opening of the market, it is important to enable the development of new business models, such as the ability to contract simultaneously with several suppliers;

| 34. | Notes that a stable regulatory framework — for producers, regulators, network operators, energy suppliers, demand-related service providers and, most importantly, end consumers and prosumers — is essential for a well-functioning internal market and for attracting long-term investment in infrastructure development; underlines that development of network codes encompassing sound, non-discriminatory and well-balanced rules should lead to harmonisation of grid management, market design and interoperability; emphasises that it is crucial that agreements on unbundling of transmission networks, production and delivery are respected across the EU, including agreements on the independent position of energy regulators and on requirements for consumer protection; stresses, therefore, the need to support and further develop the role of the EU Agency for the Cooperation of Energy Regulators (ACER), particularly its capacity to scrutinise national regulatory decisions and settle disputes; |
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34.

Notes that a stable regulatory framework — for producers, regulators, network operators, energy suppliers, demand-related service providers and, most importantly, end consumers and prosumers — is essential for a well-functioning internal market and for attracting long-term investment in infrastructure development; underlines that development of network codes encompassing sound, non-discriminatory and well-balanced rules should lead to harmonisation of grid management, market design and interoperability; emphasises that it is crucial that agreements on unbundling of transmission networks, production and delivery are respected across the EU, including agreements on the independent position of energy regulators and on requirements for consumer protection; stresses, therefore, the need to support and further develop the role of the EU Agency for the Cooperation of Energy Regulators (ACER), particularly its capacity to scrutinise national regulatory decisions and settle disputes;

| 35. | Notes that concerns exist that some Member States have already implemented or plan to implement national capacity-remuneration mechanisms (CRMs) in order to secure the supply of electricity without duly exploring all potential alternative solutions, in particular in terms of cross-border solutions and flexibility resources; recognises that although these mechanisms are necessary in some circumstances, they could interfere with and distort wholesale market design and, if badly designed, potentially create lock-in effects; calls on the Commission to ensure a more coordinated approach at EU level to guarantee that any such CRMs are needed, efficient, transparent, technologically neutral and non-discriminatory; |
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35.

Notes that concerns exist that some Member States have already implemented or plan to implement national capacity-remuneration mechanisms (CRMs) in order to secure the supply of electricity without duly exploring all potential alternative solutions, in particular in terms of cross-border solutions and flexibility resources; recognises that although these mechanisms are necessary in some circumstances, they could interfere with and distort wholesale market design and, if badly designed, potentially create lock-in effects; calls on the Commission to ensure a more coordinated approach at EU level to guarantee that any such CRMs are needed, efficient, transparent, technologically neutral and non-discriminatory;

| 36. | Regrets that, to date, the cooperation mechanisms introduced by Directive 2009/28/EC on the promotion of the use of energy from renewable sources have not yet been utilised; points to the Commission's findings indicating that better use of the existing scope for cooperation could bring considerable benefits, such as boosting trade; calls on the Member States, therefore, to make better use of the cooperation mechanisms where it is appropriate and to increase communication among themselves; |
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36.

Regrets that, to date, the cooperation mechanisms introduced by Directive 2009/28/EC on the promotion of the use of energy from renewable sources have not yet been utilised; points to the Commission's findings indicating that better use of the existing scope for cooperation could bring considerable benefits, such as boosting trade; calls on the Member States, therefore, to make better use of the cooperation mechanisms where it is appropriate and to increase communication among themselves;

| 37. | Stresses that, without prejudice either to the Member States' right to choose their energy mix or to the need for increased EU-wide coordination, the EU as a whole must make full use of the potential of all sustainable energy sources that are at the disposal of the Member States, in full respect of the threefold objectives of EU energy policy as a whole, namely competitiveness, sustainability and security of supply; |
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37.

Stresses that, without prejudice either to the Member States' right to choose their energy mix or to the need for increased EU-wide coordination, the EU as a whole must make full use of the potential of all sustainable energy sources that are at the disposal of the Member States, in full respect of the threefold objectives of EU energy policy as a whole, namely competitiveness, sustainability and security of supply;

| 38. | Notes that some Member States, being energy islands, are still totally isolated from the European gas and electricity networks and continue to pay higher price for energy resources, which alters their competitiveness; points out that without substantial infrastructure investment, those Member States will not be able to achieve the commitment reiterated by the European Council that no Member State should remain isolated from the EU networks by 2015; believes that the Commission should, at the request of those Member States, take part in negotiations with non-EU energy suppliers on the subject of energy prices, for instance where the purchase of gas is concerned; |
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38.

Notes that some Member States, being energy islands, are still totally isolated from the European gas and electricity networks and continue to pay higher price for energy resources, which alters their competitiveness; points out that without substantial infrastructure investment, those Member States will not be able to achieve the commitment reiterated by the European Council that no Member State should remain isolated from the EU networks by 2015; believes that the Commission should, at the request of those Member States, take part in negotiations with non-EU energy suppliers on the subject of energy prices, for instance where the purchase of gas is concerned;

| 39. | Stresses that the solidarity between Member States called for by the EU Treaty should apply to both the daily working and the crisis management of the internal and external energy policy; calls on the Commission to provide a clear definition of ‘energy solidarity’ in order to ensure that it is respected by all Member States; |
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39.

Stresses that the solidarity between Member States called for by the EU Treaty should apply to both the daily working and the crisis management of the internal and external energy policy; calls on the Commission to provide a clear definition of ‘energy solidarity’ in order to ensure that it is respected by all Member States;

| 40. | Emphasises the need to tackle the anticipated growth of gas and electricity imports from third countries to the EU in the short- and medium-term, with view of ensuring security of energy supply, burden-sharing and a fair functioning of the internal market; reiterates that, for some Member States, this challenge is closely linked to a dependency on gas and oil imports from a single third country and that meeting it requires actions oriented at diversifying the portfolio of energy suppliers, routes and sources; acknowledges that strategic objectives in this regard is the realisation of Southern Gas Corridor, including the Nabucco pipeline and its potential lineage to countries of Central and Eastern Europe, and the achievement of supply routes to the EU capable of providing roughly 10-20 % of the EU’s gas demand by 2020, with a view to securing each European region physical access to at least two different sources of gas; |
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40.

Emphasises the need to tackle the anticipated growth of gas and electricity imports from third countries to the EU in the short- and medium-term, with view of ensuring security of energy supply, burden-sharing and a fair functioning of the internal market; reiterates that, for some Member States, this challenge is closely linked to a dependency on gas and oil imports from a single third country and that meeting it requires actions oriented at diversifying the portfolio of energy suppliers, routes and sources; acknowledges that strategic objectives in this regard is the realisation of Southern Gas Corridor, including the Nabucco pipeline and its potential lineage to countries of Central and Eastern Europe, and the achievement of supply routes to the EU capable of providing roughly 10-20 % of the EU’s gas demand by 2020, with a view to securing each European region physical access to at least two different sources of gas;

| 41. | Believes that an open and transparent internal market, where all EU and third country companies respect the acquis communautaire in the field of energy, can help strengthen the negotiating position of EU energy suppliers vis-à-vis external competitors, which is particularly important for the potential of further coordinating external energy purchasing at the EU level; calls on the EU to consider the establishment of a joint gas purchase agency, and the mechanisms needed for this, in order to counterbalance the monopolistic position of dominant external suppliers; notes that the reciprocity principle must be used to guide relations with EU and third-country energy suppliers; stresses the need for the Commission, in its relations with third country energy suppliers, to take into account, and be transparent about, the impact of its decisions on consumer prices; |
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41.

Believes that an open and transparent internal market, where all EU and third country companies respect the acquis communautaire in the field of energy, can help strengthen the negotiating position of EU energy suppliers vis-à-vis external competitors, which is particularly important for the potential of further coordinating external energy purchasing at the EU level; calls on the EU to consider the establishment of a joint gas purchase agency, and the mechanisms needed for this, in order to counterbalance the monopolistic position of dominant external suppliers; notes that the reciprocity principle must be used to guide relations with EU and third-country energy suppliers; stresses the need for the Commission, in its relations with third country energy suppliers, to take into account, and be transparent about, the impact of its decisions on consumer prices;

| 42. | Is convinced that the Commission should be granted mandates to conduct negotiations on infrastructure projects of strategic importance that affect the security of supply to the EU as a whole, and that such mandates should also be considered in the instances of other intergovernmental agreements considered to have a significant impact on the EU's long-term energy policy objectives, in particular its energy independence; welcomes, in this regard, the progress made in the Commission-led negotiations on the treaty between EU, Azerbaijan and Turkmenistan to build the Trans-Caspian Pipeline System; |
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42.

Is convinced that the Commission should be granted mandates to conduct negotiations on infrastructure projects of strategic importance that affect the security of supply to the EU as a whole, and that such mandates should also be considered in the instances of other intergovernmental agreements considered to have a significant impact on the EU's long-term energy policy objectives, in particular its energy independence; welcomes, in this regard, the progress made in the Commission-led negotiations on the treaty between EU, Azerbaijan and Turkmenistan to build the Trans-Caspian Pipeline System;

| 43. | Stresses that progressive convergence of renewable- and efficiency-related incentives, and of auxiliary energy costs across all Member States post 2020, is essential for a well-functioning and efficient internal energy market, at both the wholesale and retail level, and for creating favourable conditions for the long-term development, and large-scale uptake, of renewable energy sources; |
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43.

Stresses that progressive convergence of renewable- and efficiency-related incentives, and of auxiliary energy costs across all Member States post 2020, is essential for a well-functioning and efficient internal energy market, at both the wholesale and retail level, and for creating favourable conditions for the long-term development, and large-scale uptake, of renewable energy sources;

| 44. | Believes that, in the short term, regional groupings of neighbouring Member States should be encouraged to move away from national plans towards a harmonised or single regional support scheme for renewables; |
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44.

Believes that, in the short term, regional groupings of neighbouring Member States should be encouraged to move away from national plans towards a harmonised or single regional support scheme for renewables;

| 45. | Encourages the Member States to review their feed-in or other support tariffs regularly and in a transparent manner which would allow for their adjustment in pace with falling technological and supply costs; |
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45.

Encourages the Member States to review their feed-in or other support tariffs regularly and in a transparent manner which would allow for their adjustment in pace with falling technological and supply costs;

| 46. | Recognises that joint EU research projects supported by framework programmes and initiatives such as the SET-Plan have not been used sufficiently in the development of new technologies allowing for improvements in efficiency, renewables, safety and security of nuclear power plants, low-emission usage of fossil fuels, and intelligent networks, all of which areas are critical for the energy market; |
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46.

Recognises that joint EU research projects supported by framework programmes and initiatives such as the SET-Plan have not been used sufficiently in the development of new technologies allowing for improvements in efficiency, renewables, safety and security of nuclear power plants, low-emission usage of fossil fuels, and intelligent networks, all of which areas are critical for the energy market;

| 47. | Believes it is important to make more progress on the electricity highways of the future, and in particular the South Eastern-North Electricity Highway (SENEH), which would also help in accommodating the transfer of the energy produced by photovoltaic parks, such as the Helios project, from south-east Europe to the north and west; |
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47.

Believes it is important to make more progress on the electricity highways of the future, and in particular the South Eastern-North Electricity Highway (SENEH), which would also help in accommodating the transfer of the energy produced by photovoltaic parks, such as the Helios project, from south-east Europe to the north and west;

Urgent actions are needed

A well-integrated, open and well-regulated, and competitive internal energy market

| 48. | Calls on the Member States to transpose and implement fully all relevant EU legislation, in particular the third energy package, as a matter of urgency; urges the Commission to undertake action against those Member States in which implementation has been unduly delayed; welcomes the fact that the Commission has already opened formal proceedings to investigate breaches of EU rules; |
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48.

Calls on the Member States to transpose and implement fully all relevant EU legislation, in particular the third energy package, as a matter of urgency; urges the Commission to undertake action against those Member States in which implementation has been unduly delayed; welcomes the fact that the Commission has already opened formal proceedings to investigate breaches of EU rules;

| 49. | Underlines the need to tackle structural market distortions, and lack of market transparency; calls on the Commission to increase its efforts to enforce the implementation of the third energy package; |
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49.

Underlines the need to tackle structural market distortions, and lack of market transparency; calls on the Commission to increase its efforts to enforce the implementation of the third energy package;

| 50. | Asks the Commission to monitor closely the effective implementation of EU energy legislation, in particular the provisions that create essential consumer rights, as well as those that concern system operators, national regulating authorities and competition and state aid rules, and those that aim to reduce the phenomenon of loop flows in the internal electricity market, the latter constituting a significant though manageable challenge to the internal energy market as it weakens the security of the energy system by reducing storage options and network capacity; urges the Commission to use the most appropriate means at its disposal to address any continued non-compliance with relevant EU legislation; |
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50.

Asks the Commission to monitor closely the effective implementation of EU energy legislation, in particular the provisions that create essential consumer rights, as well as those that concern system operators, national regulating authorities and competition and state aid rules, and those that aim to reduce the phenomenon of loop flows in the internal electricity market, the latter constituting a significant though manageable challenge to the internal energy market as it weakens the security of the energy system by reducing storage options and network capacity; urges the Commission to use the most appropriate means at its disposal to address any continued non-compliance with relevant EU legislation;

| 51. | Notes that all blackouts so far have been the result of operational failures, not capacity shortages; acknowledges that as a result of the economic recession, high natural gas prices and the increasing share of intermittent renewable electricity production, investors in the EU face considerable uncertainty when developing flexible electricity generation capacities; calls on the Commission to conduct a comprehensive assessment of generation adequacy, based on a harmonised methodology, and to provide guidance on how to enhance flexibility and maintain supply; |
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51.

Notes that all blackouts so far have been the result of operational failures, not capacity shortages; acknowledges that as a result of the economic recession, high natural gas prices and the increasing share of intermittent renewable electricity production, investors in the EU face considerable uncertainty when developing flexible electricity generation capacities; calls on the Commission to conduct a comprehensive assessment of generation adequacy, based on a harmonised methodology, and to provide guidance on how to enhance flexibility and maintain supply;

| 52. | Urges the Commission and the Member States to coordinate infrastructure projects in a better way and to plan network development jointly, thereby ensuring full, EU-wide system connectivity and cost-effectiveness by taking advantage of cross-border synergies and a more efficient energy infrastructure network; points out that an integrated approach, which includes the distribution operators, should be promoted; encourages, to that end, the Commission and the Member States to ensure the rapid assessment, selection, permitting and implementation of projects of common European interest, especially with regard to electricity and gas trans-border interconnectors, including reverse flow mechanisms, liquefied natural gas, energy storage infrastructures and smart transmission and distribution networks, which are vital for a well-integrated and well-functioning energy market; |
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52.

Urges the Commission and the Member States to coordinate infrastructure projects in a better way and to plan network development jointly, thereby ensuring full, EU-wide system connectivity and cost-effectiveness by taking advantage of cross-border synergies and a more efficient energy infrastructure network; points out that an integrated approach, which includes the distribution operators, should be promoted; encourages, to that end, the Commission and the Member States to ensure the rapid assessment, selection, permitting and implementation of projects of common European interest, especially with regard to electricity and gas trans-border interconnectors, including reverse flow mechanisms, liquefied natural gas, energy storage infrastructures and smart transmission and distribution networks, which are vital for a well-integrated and well-functioning energy market;

| 53. | Recommends that, when implementing the energy budget of the ‘Connecting Europe’ facility, the Commission give priority to projects having the greatest impact on the functioning of the internal market, thereby boosting competition, speeding up the market penetration of renewables, creating necessary cross-border interconnections and enhancing security of supply; |
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53.

Recommends that, when implementing the energy budget of the ‘Connecting Europe’ facility, the Commission give priority to projects having the greatest impact on the functioning of the internal market, thereby boosting competition, speeding up the market penetration of renewables, creating necessary cross-border interconnections and enhancing security of supply;

| 54. | Calls on the Commission to conduct a fresh review of existing plans for energy projects, especially for the construction of new liquefied natural gas terminals scheduled to take more than ten years to complete, to assess their economic benefit — taking account of the liquefied natural gas terminals which are already under construction or at the planning stage in individual Member States and which, in the near future, will contribute to energy supply security in Member States classed as ‘energy islands’ — and to contribute to the financing of such projects; |
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54.

Calls on the Commission to conduct a fresh review of existing plans for energy projects, especially for the construction of new liquefied natural gas terminals scheduled to take more than ten years to complete, to assess their economic benefit — taking account of the liquefied natural gas terminals which are already under construction or at the planning stage in individual Member States and which, in the near future, will contribute to energy supply security in Member States classed as ‘energy islands’ — and to contribute to the financing of such projects;

| 55. | Urges the Commission and the Member States to put in place an efficient congestion management system in order to foster the efficient use of existing gas and electricity transmission capacity, reducing the cost of expanding network capabilities, and facilitate the increased connection of renewable generation sources to the electricity network; |
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55.

Urges the Commission and the Member States to put in place an efficient congestion management system in order to foster the efficient use of existing gas and electricity transmission capacity, reducing the cost of expanding network capabilities, and facilitate the increased connection of renewable generation sources to the electricity network;

| 56. | Calls on the Member States to refrain, as soon as possible, from using price caps or regulated energy retail prices set, at national level, below the cost incurred, as such measures can distort competition and seriously threaten future investments in capacity and infrastructure in the energy sector; stresses, however, that policies in this regard shall take into account the legitimate interests of vulnerable consumers, who are not always able to benefit from real competition in the energy markets; |
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56.

Calls on the Member States to refrain, as soon as possible, from using price caps or regulated energy retail prices set, at national level, below the cost incurred, as such measures can distort competition and seriously threaten future investments in capacity and infrastructure in the energy sector; stresses, however, that policies in this regard shall take into account the legitimate interests of vulnerable consumers, who are not always able to benefit from real competition in the energy markets;

| 57. | Welcomes the Commission's determination to enforce anti-trust and state-aid rules vis-à-vis all energy sector undertakings and their subsidiaries operating on the territory of the European Union, ensuring that a level playing field is established with equal conditions of access for all market players; calls on the Commission to issue guidelines on how to assess the abuse of a dominant position in gas and electricity markets by any company, as well as to provide guidance on best practices and on experiences gained in renewable energy support schemes; |
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57.

Welcomes the Commission's determination to enforce anti-trust and state-aid rules vis-à-vis all energy sector undertakings and their subsidiaries operating on the territory of the European Union, ensuring that a level playing field is established with equal conditions of access for all market players; calls on the Commission to issue guidelines on how to assess the abuse of a dominant position in gas and electricity markets by any company, as well as to provide guidance on best practices and on experiences gained in renewable energy support schemes;

| 58. | Asks the Commission to review state aid rules in relation to national energy efficiency measures and to energy projects co-financed under the cohesion policy, in order to ensure that more of these actions are eligible for state funding, leading to more completed projects; |
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58.

Asks the Commission to review state aid rules in relation to national energy efficiency measures and to energy projects co-financed under the cohesion policy, in order to ensure that more of these actions are eligible for state funding, leading to more completed projects;

| 59. | Recommends that the Commission use its state aid scrutiny powers to encourage the development of cross-border infrastructure; believes that such interconnectors would play a vital role when it comes to increasing the ability to draw on a neighbour's supplies in the event of an energy emergency or imbalance and to reducing subsidies over time; |
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59.

Recommends that the Commission use its state aid scrutiny powers to encourage the development of cross-border infrastructure; believes that such interconnectors would play a vital role when it comes to increasing the ability to draw on a neighbour's supplies in the event of an energy emergency or imbalance and to reducing subsidies over time;

| 60. | Strongly supports the Commission's efforts, based on the coordinated work developed by ENTSOs, to introduce harmonised network codes by 2014 and rules in accordance with the plan, and to ensure the stability and increased innovation-friendliness of the regulatory framework of the internal energy market; |
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60.

Strongly supports the Commission's efforts, based on the coordinated work developed by ENTSOs, to introduce harmonised network codes by 2014 and rules in accordance with the plan, and to ensure the stability and increased innovation-friendliness of the regulatory framework of the internal energy market;

| 61. | Strongly supports the regulatory measures taken by ACER and the national regulatory authorities to encourage, improve and simplify the cross-border energy trade, including on intra-day, day-ahead and balancing markets, and to bridge the gap between energy systems in different Member States by promoting transparent use of interconnectors; emphasises the need for appropriate numbers of staff — with necessary qualifications, experience and expertise — in ACER and the national regulatory authorities to carry out the tasks relating to the monitoring of wholesale transactions and the identification of insider trading practices and attempts to manipulate the market; |
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61.

Strongly supports the regulatory measures taken by ACER and the national regulatory authorities to encourage, improve and simplify the cross-border energy trade, including on intra-day, day-ahead and balancing markets, and to bridge the gap between energy systems in different Member States by promoting transparent use of interconnectors; emphasises the need for appropriate numbers of staff — with necessary qualifications, experience and expertise — in ACER and the national regulatory authorities to carry out the tasks relating to the monitoring of wholesale transactions and the identification of insider trading practices and attempts to manipulate the market;

| 62. | With regard to the internal electricity market, calls on the Commission urgently to provide a thorough analysis of the system adequacy and flexibility of national generation capacities in the short and long term, fully taking into account the potential contribution of all flexible measures, such as demand response, energy storage and interconnection, and to report on the impact of the applied national measures related to capacity assessment and development planning on the internal energy market and competition rules, taking into account the consequences in terms of both security of supply and the cross-border aspects of this complementary market design policy; calls, in this regard, on further efforts to be put on the future uptake of energy storage technologies and demand-side responsiveness, all of which are additional sources of flexibility; |
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62.

With regard to the internal electricity market, calls on the Commission urgently to provide a thorough analysis of the system adequacy and flexibility of national generation capacities in the short and long term, fully taking into account the potential contribution of all flexible measures, such as demand response, energy storage and interconnection, and to report on the impact of the applied national measures related to capacity assessment and development planning on the internal energy market and competition rules, taking into account the consequences in terms of both security of supply and the cross-border aspects of this complementary market design policy; calls, in this regard, on further efforts to be put on the future uptake of energy storage technologies and demand-side responsiveness, all of which are additional sources of flexibility;

| 63. | Calls on the Commission to prepare guidance on the use and deployment of flexibility resources — such as demand-side management, storage, and physical infrastructures, including cross border ones — so that the Member States can prepare and implement national strategies to deploy flexibility resources on their territories; |
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63.

Calls on the Commission to prepare guidance on the use and deployment of flexibility resources — such as demand-side management, storage, and physical infrastructures, including cross border ones — so that the Member States can prepare and implement national strategies to deploy flexibility resources on their territories;

| 64. | Calls on the Commission and on ENTSO-E to develop a coherent and aligned methodology for ensuring generation adequacy in Europe, including the positive contribution of renewable energy sources and, in particular, variable renewables; |
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64.

Calls on the Commission and on ENTSO-E to develop a coherent and aligned methodology for ensuring generation adequacy in Europe, including the positive contribution of renewable energy sources and, in particular, variable renewables;

| 65. | Calls on the Commission to explore future energy market forms which, contrary to present national capacity mechanisms, could provide additional non-discriminatory revenue streams to investors in all forms of power generation and ensure a most cost-effective provision of flexibility services in the energy sector; |
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65.

Calls on the Commission to explore future energy market forms which, contrary to present national capacity mechanisms, could provide additional non-discriminatory revenue streams to investors in all forms of power generation and ensure a most cost-effective provision of flexibility services in the energy sector;

| 66. | Calls on the Commission to set up rules to promote the further development of a market for ancillary services open to the participation of all energy sources, including renewables; |
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66.

Calls on the Commission to set up rules to promote the further development of a market for ancillary services open to the participation of all energy sources, including renewables;

| 67. | Calls on the Commission, the Member States and the relevant stakeholders to provide incentives, and to support regional initiatives and partnerships, aiming at closer market integration, through the setting up of regional energy exchanges and gas trading centres, and through more harmonised rules for gas trading and market coupling mechanisms on all timeframes, and through the uptake of an adequate level of market liquidity and transparency; |
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67.

Calls on the Commission, the Member States and the relevant stakeholders to provide incentives, and to support regional initiatives and partnerships, aiming at closer market integration, through the setting up of regional energy exchanges and gas trading centres, and through more harmonised rules for gas trading and market coupling mechanisms on all timeframes, and through the uptake of an adequate level of market liquidity and transparency;

| 68. | Underlines that internal market measures should promote the diversification of energy sources, both indigenous and external, and should not primarily focus on the continued development or enlargement of current routes and supplies; |
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68.

Underlines that internal market measures should promote the diversification of energy sources, both indigenous and external, and should not primarily focus on the continued development or enlargement of current routes and supplies;

| 69. | Draws attention to the external dimension of the energy market, the aim of which is to make it easier for all Member States to gain access to diversified energy sources; calls on the Commission, in coordination with the EEAS, to use its foreign policy instruments to promote the rules and standards of the internal energy market in relation to third countries and, especially, within the EU's neighbourhood; urges the Commission to resolve, in bilateral dialogues with relevant third countries, the issue of clear rules on congestion management of cross-border electricity and gas connections and on third-party access to transmission networks; strongly urges the Commission to take measures to prevent anti-competitive practices on the part of third-country companies that may lead to restricted competition, higher prices or reduced security of the energy supply; calls on the Commission to ensure, in its relations with external partners, that EU companies are able to compete on equal footing globally; urges the Commission to enhance cooperation with EU neighbouring countries on nuclear safety; calls on the Commission to be transparent about all factors still causing problems with regard to the implementation of the third energy package, and to present clear figures on their impact on consumer prices; |
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69.

Draws attention to the external dimension of the energy market, the aim of which is to make it easier for all Member States to gain access to diversified energy sources; calls on the Commission, in coordination with the EEAS, to use its foreign policy instruments to promote the rules and standards of the internal energy market in relation to third countries and, especially, within the EU's neighbourhood; urges the Commission to resolve, in bilateral dialogues with relevant third countries, the issue of clear rules on congestion management of cross-border electricity and gas connections and on third-party access to transmission networks; strongly urges the Commission to take measures to prevent anti-competitive practices on the part of third-country companies that may lead to restricted competition, higher prices or reduced security of the energy supply; calls on the Commission to ensure, in its relations with external partners, that EU companies are able to compete on equal footing globally; urges the Commission to enhance cooperation with EU neighbouring countries on nuclear safety; calls on the Commission to be transparent about all factors still causing problems with regard to the implementation of the third energy package, and to present clear figures on their impact on consumer prices;

| 70. | Asks the Member States and the Commission to increase political and financial support to the Energy Community and to take further measures to support the extension of internal market rules to South-East and Eastern Europe; |
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70.

Asks the Member States and the Commission to increase political and financial support to the Energy Community and to take further measures to support the extension of internal market rules to South-East and Eastern Europe;

| 71. | Calls on the Commission and the Member States, in the light of the creation of an information exchange mechanism for intergovernmental agreements between the EU Member States and third countries on energy policy, to show further ambition in ensuring that agreements contrary to internal market legislation are not put in place; takes the view that the Commission should be able to examine draft agreements for their compatibility with the acquis communautaire and to participate in the negotiations whenever relevant; |
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71.

Calls on the Commission and the Member States, in the light of the creation of an information exchange mechanism for intergovernmental agreements between the EU Member States and third countries on energy policy, to show further ambition in ensuring that agreements contrary to internal market legislation are not put in place; takes the view that the Commission should be able to examine draft agreements for their compatibility with the acquis communautaire and to participate in the negotiations whenever relevant;

| 72. | Reminds the Commission that the internal market is not independent from the global market; asks the Commission, when planning its internal market actions, to take Parliament's recommendations on the external dimension of energy policy (16) fully into account; confirms its support for the idea that only a fully functioning internal market will allow the EU to speak with one voice globally; asks the Commission to develop further additional actions in the area of external energy policy; |
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72.

Reminds the Commission that the internal market is not independent from the global market; asks the Commission, when planning its internal market actions, to take Parliament's recommendations on the external dimension of energy policy (16) fully into account; confirms its support for the idea that only a fully functioning internal market will allow the EU to speak with one voice globally; asks the Commission to develop further additional actions in the area of external energy policy;

| 73. | Believes that the future EU-US Free Trade Agreement should include a chapter focused on such energy matters as could affect the internal market, including, among other issues: energy wholesale trading, commodities trading, maritime energy transport rules, emission trading schemes, fuel safety standards, accounting practices, state energy subsidies, and the transfer of intellectual property in relation to energy exploration, production, transformation and end-of-lifecycle products; |
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73.

Believes that the future EU-US Free Trade Agreement should include a chapter focused on such energy matters as could affect the internal market, including, among other issues: energy wholesale trading, commodities trading, maritime energy transport rules, emission trading schemes, fuel safety standards, accounting practices, state energy subsidies, and the transfer of intellectual property in relation to energy exploration, production, transformation and end-of-lifecycle products;

| 74. | Supports the mandate given by the European Council to the Commission to present an analysis of the composition and drivers of energy prices and costs in individual Member States before the end of 2013, with a particular focus on the impact on households, SMEs and energy intensive industries, and looking more widely at the EU's competitiveness vis-à-vis its global economic counterparts; calls also on the Commission continuously to monitor energy prices and costs in the Member States; |
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74.

Supports the mandate given by the European Council to the Commission to present an analysis of the composition and drivers of energy prices and costs in individual Member States before the end of 2013, with a particular focus on the impact on households, SMEs and energy intensive industries, and looking more widely at the EU's competitiveness vis-à-vis its global economic counterparts; calls also on the Commission continuously to monitor energy prices and costs in the Member States;

| 75. | Calls on the Commission and the Member States, with regard to the internal gas market, to review all gas contracts based on obsolete pricing mechanisms — in particular the oil indexation principle — that impose high prices on the consumers, and urges the Commission to assist in exploring the possibilities of renegotiating these contracts, not only in the context of their prolongation; stresses the need to develop and support all products and mechanisms aimed at strengthening short-term gas trading capacities; underlines that the aforementioned measures are crucial for ensuring real competitiveness when it comes to the price of supplying gas to all consumers on the internal gas market. |
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75.

Calls on the Commission and the Member States, with regard to the internal gas market, to review all gas contracts based on obsolete pricing mechanisms — in particular the oil indexation principle — that impose high prices on the consumers, and urges the Commission to assist in exploring the possibilities of renegotiating these contracts, not only in the context of their prolongation; stresses the need to develop and support all products and mechanisms aimed at strengthening short-term gas trading capacities; underlines that the aforementioned measures are crucial for ensuring real competitiveness when it comes to the price of supplying gas to all consumers on the internal gas market.

Effectively protecting and supporting consumers

| 76. | Calls on the Commission, the Member States and the relevant stakeholders to improve the quality and availability of the information offered to consumers, to provide them with clear and transparent billing methods, to establish price-comparison tools that let them make the best-informed choices, and to make them aware of ways to control consumption of the possibilities for energy saving, energy efficiency and small-scale production; urges the Member States to implement the Directive on Alternative Dispute Resolution and the Regulation on Online Dispute Resolution for consumer disputes; welcomes the Commission’s proposal to establish an information platform on consumer rights; recommends that the Commission and the Member States roll-out consumer-friendly information campaigns in which governments and civil society organisations should take active part; |
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76.

Calls on the Commission, the Member States and the relevant stakeholders to improve the quality and availability of the information offered to consumers, to provide them with clear and transparent billing methods, to establish price-comparison tools that let them make the best-informed choices, and to make them aware of ways to control consumption of the possibilities for energy saving, energy efficiency and small-scale production; urges the Member States to implement the Directive on Alternative Dispute Resolution and the Regulation on Online Dispute Resolution for consumer disputes; welcomes the Commission’s proposal to establish an information platform on consumer rights; recommends that the Commission and the Member States roll-out consumer-friendly information campaigns in which governments and civil society organisations should take active part;

| 77. | Points out that even though energy prices on wholesale energy markets have fallen worldwide, consumers continue to pay high prices; calls on the Commission and the Member States, and on Member State regulators, to ensure that consumers benefit directly and adequately from wholesale market price developments; |
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77.

Points out that even though energy prices on wholesale energy markets have fallen worldwide, consumers continue to pay high prices; calls on the Commission and the Member States, and on Member State regulators, to ensure that consumers benefit directly and adequately from wholesale market price developments;

| 78. | Invites the Members States and the Commission to develop a comprehensive strategy aimed at encouraging consumers and prosumers to participate actively in the energy market, inter alia by inclusion through existing legislation as well as through the implementation of the relevant provisions of the Energy Efficiency Directive; suggests that the network-use pricing signal be adjusted regularly in order to provide both existing and future users with the necessary guidance and thus ensure consistency between network development and individual decisions; |
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78.

Invites the Members States and the Commission to develop a comprehensive strategy aimed at encouraging consumers and prosumers to participate actively in the energy market, inter alia by inclusion through existing legislation as well as through the implementation of the relevant provisions of the Energy Efficiency Directive; suggests that the network-use pricing signal be adjusted regularly in order to provide both existing and future users with the necessary guidance and thus ensure consistency between network development and individual decisions;

| 79. | Calls on the Commission to encourage further cooperation between the energy and the information and communications technology (ICT) sectors, and to review existing regulatory frameworks to encourage energy-related innovations to the benefit of all consumers, and to facilitate the deployment, in a user-friendly, secure and reliable way, of smart grids that do not place a financial burden on the consumers and that take their data privacy into account; calls for cooperation in the development of smart grids at European, national and regional level and in the development of European standards for smart grids; |
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79.

Calls on the Commission to encourage further cooperation between the energy and the information and communications technology (ICT) sectors, and to review existing regulatory frameworks to encourage energy-related innovations to the benefit of all consumers, and to facilitate the deployment, in a user-friendly, secure and reliable way, of smart grids that do not place a financial burden on the consumers and that take their data privacy into account; calls for cooperation in the development of smart grids at European, national and regional level and in the development of European standards for smart grids;

| 80. | Urges the Member States, and regional and local authorities, to incorporate and create financial incentives for investments in ICT solutions in smart grids, and to aim for a prosumer market, leading to more flexibility, energy efficiency/savings and voluntary demand-side participation; |
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80.

Urges the Member States, and regional and local authorities, to incorporate and create financial incentives for investments in ICT solutions in smart grids, and to aim for a prosumer market, leading to more flexibility, energy efficiency/savings and voluntary demand-side participation;

| 81. | Looks forward to the Commission's guidelines to help set ambitious policy objectives with regard to vulnerable consumers, which will assist the Member States in better defining their approach to this category of consumers; calls on the Commission to prepare these guidelines, taking due account of the existing national mechanisms and instruments for protecting such consumers, with a view to achieving a more coherent and comprehensive approach at EU level, while leaving it to the Member States to select the most suitable instruments for providing such support; adds that comprehensive advisory services for this category of consumers, and the exchange of best practices, can play an important role; |
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81.

Looks forward to the Commission's guidelines to help set ambitious policy objectives with regard to vulnerable consumers, which will assist the Member States in better defining their approach to this category of consumers; calls on the Commission to prepare these guidelines, taking due account of the existing national mechanisms and instruments for protecting such consumers, with a view to achieving a more coherent and comprehensive approach at EU level, while leaving it to the Member States to select the most suitable instruments for providing such support; adds that comprehensive advisory services for this category of consumers, and the exchange of best practices, can play an important role;

| 82. | Welcomes the Commission's impending analysis on energy poverty in the EU; believes that, as part of its analysis, the Commission should make efforts to ensure that combating energy poverty becomes part of the social basket of services for Europe, e.g. through the social and cohesion funds; stipulates that existing and new energy efficiency programmes should always include a targeted focus on low-income groups; |
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82.

Welcomes the Commission's impending analysis on energy poverty in the EU; believes that, as part of its analysis, the Commission should make efforts to ensure that combating energy poverty becomes part of the social basket of services for Europe, e.g. through the social and cohesion funds; stipulates that existing and new energy efficiency programmes should always include a targeted focus on low-income groups;

| 83. | Urges the Commission to develop and recommend a proper supplier-centric retail market design to harmonise European retail markets, thereby easing the administrative burden on consumers by letting the suppliers charge all levies directly on the electricity bill; |
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83.

Urges the Commission to develop and recommend a proper supplier-centric retail market design to harmonise European retail markets, thereby easing the administrative burden on consumers by letting the suppliers charge all levies directly on the electricity bill;

Helping future energy and climate challenges

| 84. | Calls on the Member States, the Commission and the relevant stakeholders to convert the necessary supporting schemes for all power generators into transparent, predictable, convergent and market-driven mechanisms, as soon as it is feasible, in order to create a common market for requested support features — such as energy efficiency, prosumers, cogeneration, flexibility, renewables, and grid support services — in a way that ensures their compatibility and that avoids any overlap; calls on the Commission to present guidance on efficient and cost-effective support schemes for renewables energies; |
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84.

Calls on the Member States, the Commission and the relevant stakeholders to convert the necessary supporting schemes for all power generators into transparent, predictable, convergent and market-driven mechanisms, as soon as it is feasible, in order to create a common market for requested support features — such as energy efficiency, prosumers, cogeneration, flexibility, renewables, and grid support services — in a way that ensures their compatibility and that avoids any overlap; calls on the Commission to present guidance on efficient and cost-effective support schemes for renewables energies;

| 85. | Calls on the Commission, the Member States and the national regulatory authorities to revise the indicators used to measure the degree of competition in energy markets, and to include indicators such as the proportion of consumers on the cheapest tariffs, the ability of new companies to enter the market, and the levels of customer service and innovation, all of which will help provide a real picture of the level of competition on the market; |
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85.

Calls on the Commission, the Member States and the national regulatory authorities to revise the indicators used to measure the degree of competition in energy markets, and to include indicators such as the proportion of consumers on the cheapest tariffs, the ability of new companies to enter the market, and the levels of customer service and innovation, all of which will help provide a real picture of the level of competition on the market;

| 86. | With regard to the internal electricity market, calls on the Commission to examine thoroughly the implications of integrating the growing share of renewables, into the energy grids with regard to financial support, system-wide technical requirements and market design; underlines that the lack of a coordinated approach towards those sources has until now hampered their integration within the European energy systems; underlines the fact that the current European energy grid and storage infrastructures need to be adapted to the contribution of distributed generation from renewable energy; stresses the importance of gas as a back-up fuel to cope with the variability of renewable electricity production, and asks the Commission to assess the necessary level of flexibility in the power system (smart grids, demand-side management, storage and flexible back-up capacity); believes that pumped storage has a large role to play in storing electricity; |
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86.

With regard to the internal electricity market, calls on the Commission to examine thoroughly the implications of integrating the growing share of renewables, into the energy grids with regard to financial support, system-wide technical requirements and market design; underlines that the lack of a coordinated approach towards those sources has until now hampered their integration within the European energy systems; underlines the fact that the current European energy grid and storage infrastructures need to be adapted to the contribution of distributed generation from renewable energy; stresses the importance of gas as a back-up fuel to cope with the variability of renewable electricity production, and asks the Commission to assess the necessary level of flexibility in the power system (smart grids, demand-side management, storage and flexible back-up capacity); believes that pumped storage has a large role to play in storing electricity;

| 87. | Asks the Commission to continue to use regional development, cohesion and other EU structural funds to support the creation of smart gas and power grids in the next period in order to better absorb new types and sources of energy and to modernisation all regions of Europe; believes that distribution system operators should also be encourage to accept adaptations to their networks; |
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87.

Asks the Commission to continue to use regional development, cohesion and other EU structural funds to support the creation of smart gas and power grids in the next period in order to better absorb new types and sources of energy and to modernisation all regions of Europe; believes that distribution system operators should also be encourage to accept adaptations to their networks;

| 88. | Calls on the Commission and the Member States to promote incentives to unlock the untapped possibilities of micro-generation and to pay attention to the need to develop cogeneration further, as it is one of the most efficient ways of producing electrical energy and heat, and to base this option on the wide implementation of efficient district heating and cooling; |
| --- | --- |

88.

Calls on the Commission and the Member States to promote incentives to unlock the untapped possibilities of micro-generation and to pay attention to the need to develop cogeneration further, as it is one of the most efficient ways of producing electrical energy and heat, and to base this option on the wide implementation of efficient district heating and cooling;

| 89. | Stresses the potential of combined heat and power/district heating and cooling to accommodate the rising share of intermittent power by adding flexibility and resilience to the energy market and providing an economical energy storage for surplus electricity; calls on the Commission to address and reward this ability in its forthcoming initiative concerning CRMs and to support this kind of cross-sectorial integration and balancing under Horizon 2020; |
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89.

Stresses the potential of combined heat and power/district heating and cooling to accommodate the rising share of intermittent power by adding flexibility and resilience to the energy market and providing an economical energy storage for surplus electricity; calls on the Commission to address and reward this ability in its forthcoming initiative concerning CRMs and to support this kind of cross-sectorial integration and balancing under Horizon 2020;

| 90. | Calls on the Commission to launch a study analysing new and cost-efficient market designs for the European electricity market with a view to ensuring that consumers receive reasonably priced electricity and to preventing carbon leakage; |
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90.

Calls on the Commission to launch a study analysing new and cost-efficient market designs for the European electricity market with a view to ensuring that consumers receive reasonably priced electricity and to preventing carbon leakage;

| 91. | Welcomes the work done to make research in the energy field a priority of the Horizon 2020 programme, and calls on the Member States to take full advantage of this programming area; encourages the Commission and the Member States to support research on, and the development of, innovative energy technologies, and to improve existing technologies that fall outside of the framework of Horizon 2020 and European Institute of Innovation and Technology (EIT) projects; urges the Member States to create synergies between EU and national research programmes, in recognition of the fact that research is the only way forward to reduce emissions, improve energy security, increase the competitive position of EU industry on the global market, maintain EU technology leadership, and contribute to the European agenda for growth and jobs; underscores the need to offer industry legislative certainty over a time span that extends beyond 2020; |
| --- | --- |

91.

Welcomes the work done to make research in the energy field a priority of the Horizon 2020 programme, and calls on the Member States to take full advantage of this programming area; encourages the Commission and the Member States to support research on, and the development of, innovative energy technologies, and to improve existing technologies that fall outside of the framework of Horizon 2020 and European Institute of Innovation and Technology (EIT) projects; urges the Member States to create synergies between EU and national research programmes, in recognition of the fact that research is the only way forward to reduce emissions, improve energy security, increase the competitive position of EU industry on the global market, maintain EU technology leadership, and contribute to the European agenda for growth and jobs; underscores the need to offer industry legislative certainty over a time span that extends beyond 2020;

| 92. | Urges the Commission to make sufficient funding available for the development of smart distribution grids, which offer the most-cost effective way to realise the large-scale penetration of distributed generation from renewable energy sources while ensuring security of supply and making the most of energy saving potentials; |
| --- | --- |

92.

Urges the Commission to make sufficient funding available for the development of smart distribution grids, which offer the most-cost effective way to realise the large-scale penetration of distributed generation from renewable energy sources while ensuring security of supply and making the most of energy saving potentials;

| 93. | Notes that the current system, characterised by a fragmented internal market, poses challenges to the long-term stability of companies and investors that could lead to plant closures and uncertainties with regard to employment and capacity; asks the Commission to undertake an independent evaluation of the future of the internal market for electricity and gas in which issues pertaining to investments, sector employment, the environment and the protection of consumers are given a central role; asks that this evaluation be ready by March 2014 and that it be inclusive by taking on board the opinions of stakeholders such as social partners, representatives of low-income households, environmental organisations and SMEs; |
| --- | --- |

93.

Notes that the current system, characterised by a fragmented internal market, poses challenges to the long-term stability of companies and investors that could lead to plant closures and uncertainties with regard to employment and capacity; asks the Commission to undertake an independent evaluation of the future of the internal market for electricity and gas in which issues pertaining to investments, sector employment, the environment and the protection of consumers are given a central role; asks that this evaluation be ready by March 2014 and that it be inclusive by taking on board the opinions of stakeholders such as social partners, representatives of low-income households, environmental organisations and SMEs;

o

o o

| 94. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

94.

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

---

(1)  Texts adopted, P7_TA(2013)0061.

(2)  OJ L 295, 12.11.2010, p. 1.

(3)  OJ L 326, 8.12.2011, p. 1.

(4)  OJ L 211, 14.8.2009, p. 94.

(5)  OJ L 211, 14.8.2009, p. 55.

(6)  OJ L 315, 14.11.2012, p. 1.

(7)  OJ L 172, 2.7.2009, p. 18.

(8)  OJ L 299, 27.10.2012, p. 13

(9)  OJ C 99 E, 3.4.2012, p. 64.

(10)  Texts adopted, P7_TA(2012)0238.

(11)  Texts adopted, P7_TA(2012)0509.

(12)  Texts adopted, P7_TA(2012)0086.

(13)  Texts adopted, P7_TA(2013)0088.

(14)  Texts adopted, P7_TA(2012)0444.

(15)  Texts adopted, P7_TA(2012)0443.

(16)  Texts adopted, P7_TA(2012)0238.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/21 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/21

---

P7_TA(2013)0345

Implementation and impact of the energy efficiency measures under Cohesion policy

European Parliament resolution of 10 September 2013 on the implementation and impact of the energy efficiency measures under Cohesion Policy (2013/2038(INI))

(2016/C 093/03)

The European Parliament,

| — | having regard to Article 194 TFEU, |
| --- | --- |

—

having regard to Article 194 TFEU,

| — | having regard to Article 37 of the Charter of Fundamental Rights of the EU, |
| --- | --- |

—

having regard to Article 37 of the Charter of Fundamental Rights of the EU,

| — | having regard to Article 3 of the TEU, |
| --- | --- |

—

having regard to Article 3 of the TEU,

| — | 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 and repealing Regulation (EC) No 1260/1999, |
| --- | --- |

—

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 and repealing Regulation (EC) No 1260/1999,

| — | having regard to Regulation (EC) No 1080/2006 of the European Parliament and of the Council of 5 July 2006 on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999, |
| --- | --- |

—

having regard to Regulation (EC) No 1080/2006 of the European Parliament and of the Council of 5 July 2006 on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999,

| — | having regard to Council Regulation (EC) No 1084/2006 of 11 July 2006 establishing a Cohesion Fund and repealing Regulation (EC) No 1164/94, |
| --- | --- |

—

having regard to Council Regulation (EC) No 1084/2006 of 11 July 2006 establishing a Cohesion Fund and repealing Regulation (EC) No 1164/94,

| — | having regard to Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC, |
| --- | --- |

—

having regard to Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC,

| — | having regard to Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings, |
| --- | --- |

—

having regard to Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings,

| — | having regard to the Commission’s communication of 3 March 2010 entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020), |
| --- | --- |

—

having regard to the Commission’s communication of 3 March 2010 entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

| — | having regard to the Commission’s report of 18 April 2013 entitled ‘Financial support for energy efficiency in buildings’ (COM(2013)0225), |
| --- | --- |

—

having regard to the Commission’s report of 18 April 2013 entitled ‘Financial support for energy efficiency in buildings’ (COM(2013)0225),

| — | having regard to chapter 5 (‘The European divide in clean energy and fuel poverty’) of the European Trade Union Institute (ETUI) report ‘Benchmarking Working Europe 2013’, Brussels 2013, |
| --- | --- |

—

having regard to chapter 5 (‘The European divide in clean energy and fuel poverty’) of the European Trade Union Institute (ETUI) report ‘Benchmarking Working Europe 2013’, Brussels 2013,

| — | having regard to Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services and repealing Council Directive 93/76/EEC, |
| --- | --- |

—

having regard to Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services and repealing Council Directive 93/76/EEC,

| — | having regard to its report of 11 June 2013 on social housing in the European Union (1), |
| --- | --- |

—

having regard to its report of 11 June 2013 on social housing in the European Union (1),

| — | having regard to the Council’s Report of 4 March 2013 entitled ‘Implementation of the European Semester — Synthesis report’ (6754/13), |
| --- | --- |

—

having regard to the Council’s Report of 4 March 2013 entitled ‘Implementation of the European Semester — Synthesis report’ (6754/13),

| — | having regard to the Commission’s communication of 26 January 2011 entitled ‘Regional policy contributing to sustainable growth in Europe 2020’ (COM(2011)0017), |
| --- | --- |

—

having regard to the Commission’s communication of 26 January 2011 entitled ‘Regional policy contributing to sustainable growth in Europe 2020’ (COM(2011)0017),

| — | having regard to the Commission’s statistical pocketbook of 2012 entitled ‘EU energy in figures’ (2), |
| --- | --- |

—

having regard to the Commission’s statistical pocketbook of 2012 entitled ‘EU energy in figures’ (2),

| — | having regard to the Commission’s communication of 16 December 2008 entitled ‘Cohesion Policy: investing in the real economy’ (COM(2008)0876), |
| --- | --- |

—

having regard to the Commission’s communication of 16 December 2008 entitled ‘Cohesion Policy: investing in the real economy’ (COM(2008)0876),

| — | having regard to the Commission’s communication of 19 October 2006 entitled ‘Action Plan for Energy Efficiency: Realising the Potential’ (COM(2006)0545), |
| --- | --- |

—

having regard to the Commission’s communication of 19 October 2006 entitled ‘Action Plan for Energy Efficiency: Realising the Potential’ (COM(2006)0545),

| — | having regard to the Court of Auditors’ Special Report No 21/2012 entitled ‘Cost-effectiveness of Cohesion Policy Investments in Energy Efficiency’, |
| --- | --- |

—

having regard to the Court of Auditors’ Special Report No 21/2012 entitled ‘Cost-effectiveness of Cohesion Policy Investments in Energy Efficiency’,

| — | having regard to its resolution of 11 March 2009 on a European Economic Recovery Plan (3), |
| --- | --- |

—

having regard to its resolution of 11 March 2009 on a European Economic Recovery Plan (3),

| — | having regard to the report from KfW Research entitled ‘Impact on public budgets of KfW promotional programmes in the field of “Energy-efficient building and rehabilitation”’ (4), |
| --- | --- |

—

having regard to the report from KfW Research entitled ‘Impact on public budgets of KfW promotional programmes in the field of “Energy-efficient building and rehabilitation”’ (4),

| — | having regard to its resolution of 16 January 2013 on the role of EU cohesion policy and its actors in implementing the new European energy policy (5), |
| --- | --- |

—

having regard to its resolution of 16 January 2013 on the role of EU cohesion policy and its actors in implementing the new European energy policy (5),

| — | having regard to the Commission’s communication of 8 March 2011 entitled ‘A Roadmap for moving to a competitive low carbon economy in 2050’ (COM(2011)0112), |
| --- | --- |

—

having regard to the Commission’s communication of 8 March 2011 entitled ‘A Roadmap for moving to a competitive low carbon economy in 2050’ (COM(2011)0112),

| — | having regard to its resolution of 24 May 2012 on a resource-efficient Europe (6), |
| --- | --- |

—

having regard to its resolution of 24 May 2012 on a resource-efficient Europe (6),

| — | having regard to the Commission’s report of 18 April 2013 entitled ‘Cohesion policy: Strategic report 2013 on programme implementation 2007-2013’ (COM(2013)0210), |
| --- | --- |

—

having regard to the Commission’s report of 18 April 2013 entitled ‘Cohesion policy: Strategic report 2013 on programme implementation 2007-2013’ (COM(2013)0210),

| — | having regard to the opinion of the Committee of the Regions of 4 May 2012 entitled ‘Energy efficiency in cities and regions — a focus on the differences between rural districts and cities’ (7), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 4 May 2012 entitled ‘Energy efficiency in cities and regions — a focus on the differences between rural districts and cities’ (7),

| — | having regard to the opinion of the Committee of the Regions of 14 December 2011 entitled ‘Energy efficiency’ (8), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 14 December 2011 entitled ‘Energy efficiency’ (8),

| — | having regard to the opinion of the European Economic and Social Committee (EESC) entitled ‘The proposal for a directive of the European Parliament and the Council on energy efficiency’ (9), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee (EESC) entitled ‘The proposal for a directive of the European Parliament and the Council on energy efficiency’ (9),

| — | having regard to the MARIE/ELIH-MED policy paper entitled ‘Improving MED transnational cooperation answers to energy efficiency challenges in buildings’, |
| --- | --- |

—

having regard to the MARIE/ELIH-MED policy paper entitled ‘Improving MED transnational cooperation answers to energy efficiency challenges in buildings’,

| — | having regard to the Commission’s communication of 8 March 2011 entitled ‘Energy Efficiency Plan 2011’ (COM(2011)0109), |
| --- | --- |

—

having regard to the Commission’s communication of 8 March 2011 entitled ‘Energy Efficiency Plan 2011’ (COM(2011)0109),

| — | having regard to the recommendations of Structural and Cohesion Funds for Sustainable Energy Investments (SF Energy Invest) entitled ‘Practical recommendations to increase the share of sustainable energy investments in the upcoming SCF programming period 2014-2020’ (10), |
| --- | --- |

—

having regard to the recommendations of Structural and Cohesion Funds for Sustainable Energy Investments (SF Energy Invest) entitled ‘Practical recommendations to increase the share of sustainable energy investments in the upcoming SCF programming period 2014-2020’ (10),

| — | having regard to the report submitted to the Commission by Ismeri Europa entitled ‘Expert evaluation network delivering policy analysis on the performance of Cohesion policy 2007-2013 — Synthesis of national reports 2011 — renewable energy and energy efficiency of housing’, |
| --- | --- |

—

having regard to the report submitted to the Commission by Ismeri Europa entitled ‘Expert evaluation network delivering policy analysis on the performance of Cohesion policy 2007-2013 — Synthesis of national reports 2011 — renewable energy and energy efficiency of housing’,

| — | having regard to the Commission’s Green Paper of 27 March 2013 entitled ‘A 2030 framework for climate and energy policies’ (COM(2013)0169), |
| --- | --- |

—

having regard to the Commission’s Green Paper of 27 March 2013 entitled ‘A 2030 framework for climate and energy policies’ (COM(2013)0169),

| — | having regard to the study by Copenhagen Economics entitled ‘Multiple benefits of investing in energy efficient renovation of buildings’ (11), |
| --- | --- |

—

having regard to the study by Copenhagen Economics entitled ‘Multiple benefits of investing in energy efficient renovation of buildings’ (11),

| — | having regard to the Commission’s contribution to the European Council of 22 May 2013 entitled ‘Energy challenges and policy’, |
| --- | --- |

—

having regard to the Commission’s contribution to the European Council of 22 May 2013 entitled ‘Energy challenges and policy’,

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Development and the opinion of the Committee on Industry, Research and Energy (A7-0271/2013), |
| --- | --- |

—

having regard to the report of the Committee on Regional Development and the opinion of the Committee on Industry, Research and Energy (A7-0271/2013),

| A. | whereas improved energy efficiency (EE) means using less energy input for an equivalent level of economic activity or service (12); |
| --- | --- |

A.

whereas improved energy efficiency (EE) means using less energy input for an equivalent level of economic activity or service (12);

| B. | whereas the promotion of EE is set by Article 194(1) of the Treaty on the Functioning of the European Union (TFEU) in the context of the establishment and functioning of the internal market and the need to preserve and improve the environment; |
| --- | --- |

B.

whereas the promotion of EE is set by Article 194(1) of the Treaty on the Functioning of the European Union (TFEU) in the context of the establishment and functioning of the internal market and the need to preserve and improve the environment;

| C. | whereas achieving EE is a key priority for the Commission and Member States, as illustrated by one of the EU 2020 objectives to increase EE by 20 %; |
| --- | --- |

C.

whereas achieving EE is a key priority for the Commission and Member States, as illustrated by one of the EU 2020 objectives to increase EE by 20 %;

| D. | whereas cutting consumption by means of energy efficiency is the most sustainable way of reducing dependence on fossil fuels, leading to a reduction in imports of around 25 %; |
| --- | --- |

D.

whereas cutting consumption by means of energy efficiency is the most sustainable way of reducing dependence on fossil fuels, leading to a reduction in imports of around 25 %;

| E. | whereas a great deal of energy still comes from hydrocarbons which, during combustion, release greenhouse gases; |
| --- | --- |

E.

whereas a great deal of energy still comes from hydrocarbons which, during combustion, release greenhouse gases;

| F. | whereas investment in EE can bring economic, social and environmental returns to the European regions; |
| --- | --- |

F.

whereas investment in EE can bring economic, social and environmental returns to the European regions;

| G. | whereas a timely and cost-effective implementation of the Energy Efficiency Directive has the potential to reduce energy consumption significantly, decrease dependence on imports of fossil fuels, create new jobs, provide social protection and eradicate energy poverty; |
| --- | --- |

G.

whereas a timely and cost-effective implementation of the Energy Efficiency Directive has the potential to reduce energy consumption significantly, decrease dependence on imports of fossil fuels, create new jobs, provide social protection and eradicate energy poverty;

| H. | whereas in the current 2007-2013 programming period, EUR 5,5 billion were allocated for energy efficiency, co-generation and energy management within the Cohesion Policy budget; |
| --- | --- |

H.

whereas in the current 2007-2013 programming period, EUR 5,5 billion were allocated for energy efficiency, co-generation and energy management within the Cohesion Policy budget;

| I. | whereas the Commission latest report (13) concludes that up to the end of 2011, almost EUR 3,8 billion had been allocated to specific EE projects, including revolving funds, representing an implementation rate of 68 %; whereas the report also noted that this implementation rate was uneven across the Union; |
| --- | --- |

I.

whereas the Commission latest report (13) concludes that up to the end of 2011, almost EUR 3,8 billion had been allocated to specific EE projects, including revolving funds, representing an implementation rate of 68 %; whereas the report also noted that this implementation rate was uneven across the Union;

| J. | whereas the Council, in its Synthesis Report from March 2013 (14), identified among the factors adversely affecting EE development the lack of adequate information and financial incentives, the low profile of energy efficiency measures and the inadequate implementation of existing legislation, noting that these factors are more practical than regulatory; |
| --- | --- |

J.

whereas the Council, in its Synthesis Report from March 2013 (14), identified among the factors adversely affecting EE development the lack of adequate information and financial incentives, the low profile of energy efficiency measures and the inadequate implementation of existing legislation, noting that these factors are more practical than regulatory;

| K. | whereas the minimum amount of project funding available from the European Local Energy Assistance (ELENA) facility is EUR 50 million, and from the Intelligent Energy programme the minimum is in excess of EUR 6 million, which is more than for many projects in small and rural communities; |
| --- | --- |

K.

whereas the minimum amount of project funding available from the European Local Energy Assistance (ELENA) facility is EUR 50 million, and from the Intelligent Energy programme the minimum is in excess of EUR 6 million, which is more than for many projects in small and rural communities;

General remarks

| 1. | Stresses that in the current period of crisis, and with the Union importing over 50 % of its energy needs, improving EE in a cost-effective manner can contribute in an important way to boosting EU competitiveness, creating jobs and growth at local and regional level, and could represent a win-win option in the fight against climate change and high energy expenses; |
| --- | --- |

1.

Stresses that in the current period of crisis, and with the Union importing over 50 % of its energy needs, improving EE in a cost-effective manner can contribute in an important way to boosting EU competitiveness, creating jobs and growth at local and regional level, and could represent a win-win option in the fight against climate change and high energy expenses;

| 2. | Supports the EU’s commitment to achieve the objective of increasing EE by 20 % by 2020; stresses that timely and proper implementation of the Energy Efficiency Directive and its instruments, in line with individual national circumstances, would bring the Member States back on track of achieving the 20 % target; urges, in this regard, the Member States to put further efforts towards achieving the EU2020 objective, and to pave the way for further savings beyond this date; |
| --- | --- |

2.

Supports the EU’s commitment to achieve the objective of increasing EE by 20 % by 2020; stresses that timely and proper implementation of the Energy Efficiency Directive and its instruments, in line with individual national circumstances, would bring the Member States back on track of achieving the 20 % target; urges, in this regard, the Member States to put further efforts towards achieving the EU2020 objective, and to pave the way for further savings beyond this date;

| 3. | Notes that European Structural and Investment Funds could help provide incentives for private investment in energy-efficient products, transport modes, buildings, industry, works and services, including energy efficiency services, and could help reduce public expenditures on energy bills, giving better value for public money; welcomes the suggested prioritisation of energy efficiency within the energy research chapter of Horizon 2020; |
| --- | --- |

3.

Notes that European Structural and Investment Funds could help provide incentives for private investment in energy-efficient products, transport modes, buildings, industry, works and services, including energy efficiency services, and could help reduce public expenditures on energy bills, giving better value for public money; welcomes the suggested prioritisation of energy efficiency within the energy research chapter of Horizon 2020;

| 4. | Highlights the experience of the current funding period, which shows that the funds set aside for energy efficiency from the European Structural and Investment Funds cannot be fully exploited; stresses, therefore, that in the financial framework for 2014-2020 — in which the share of funding set aside for energy efficiency is greater than before — care must be taken to facilitate access by local and regional authorities to these funds; |
| --- | --- |

4.

Highlights the experience of the current funding period, which shows that the funds set aside for energy efficiency from the European Structural and Investment Funds cannot be fully exploited; stresses, therefore, that in the financial framework for 2014-2020 — in which the share of funding set aside for energy efficiency is greater than before — care must be taken to facilitate access by local and regional authorities to these funds;

| 5. | Stresses that the Member States should see the use of European Structural and Investment Funds for EE as an investment opportunity with a high leverage effect and not as an expenditure; calls on the Commission to revise the rules on State Aids further in order to allow greater national funding for EE alongside European investments; |
| --- | --- |

5.

Stresses that the Member States should see the use of European Structural and Investment Funds for EE as an investment opportunity with a high leverage effect and not as an expenditure; calls on the Commission to revise the rules on State Aids further in order to allow greater national funding for EE alongside European investments;

| 6. | Highlights the importance of Cohesion Policy, and of the financial resources allocated to it, for the full development of smart grids and intelligent networks, which result in more efficient energy systems across the regions, reducing energy consumption and energy loss; |
| --- | --- |

6.

Highlights the importance of Cohesion Policy, and of the financial resources allocated to it, for the full development of smart grids and intelligent networks, which result in more efficient energy systems across the regions, reducing energy consumption and energy loss;

| 7. | Stresses that local and regional authorities must have adequate competences and responsibilities, not only with regard to energy supply and use but also to the achievement of the energy efficiency objectives; |
| --- | --- |

7.

Stresses that local and regional authorities must have adequate competences and responsibilities, not only with regard to energy supply and use but also to the achievement of the energy efficiency objectives;

| 8. | Calls on the Commission to improve legal certainty with regard to regional State aid (RSA) rules for the construction of social housing that complies with energy efficiency standards and investment in sustainable buildings and energy; |
| --- | --- |

8.

Calls on the Commission to improve legal certainty with regard to regional State aid (RSA) rules for the construction of social housing that complies with energy efficiency standards and investment in sustainable buildings and energy;

| 9. | Recalls that, according to some academic research, in 2010 close to 9 % of the citizens of the EU and of Norway and Switzerland (52,08 million people) could not heat their homes adequately; notes that fuel poverty is particularly severe in new Member States and is, in most cases, due to poorly insulated homes; calls on the Commission to examine in detail the links between EE promotion, fuel poverty and vulnerable consumers; stresses that savings made through EE measures must be passed on to consumers in reducing their bills; |
| --- | --- |

9.

Recalls that, according to some academic research, in 2010 close to 9 % of the citizens of the EU and of Norway and Switzerland (52,08 million people) could not heat their homes adequately; notes that fuel poverty is particularly severe in new Member States and is, in most cases, due to poorly insulated homes; calls on the Commission to examine in detail the links between EE promotion, fuel poverty and vulnerable consumers; stresses that savings made through EE measures must be passed on to consumers in reducing their bills;

| 10. | Points out that the potential for energy efficiency has not yet been realised effectively in certain economic sectors, such as the building and transport sectors, and that allocations from the Structural Fund or the Cohesion Fund, or other forms of investment, to improve energy efficiency should help increase employment opportunities in this sector; |
| --- | --- |

10.

Points out that the potential for energy efficiency has not yet been realised effectively in certain economic sectors, such as the building and transport sectors, and that allocations from the Structural Fund or the Cohesion Fund, or other forms of investment, to improve energy efficiency should help increase employment opportunities in this sector;

| 11. | Highlights the need to ensure that social housing construction and renovation is conducted with a view to achieving energy efficiency objectives and standards; while respecting the principle of subsidiarity, asks the Member States and all stakeholders to take account of social housing in their national reform programmes and in the shaping of strategic priorities under partnership agreements in the upcoming programming period 2014-2020; reminds the Member States, in this context, of the provisions laid down in Article 20 of Directive 2012/27/EU on Energy Efficiency; |
| --- | --- |

11.

Highlights the need to ensure that social housing construction and renovation is conducted with a view to achieving energy efficiency objectives and standards; while respecting the principle of subsidiarity, asks the Member States and all stakeholders to take account of social housing in their national reform programmes and in the shaping of strategic priorities under partnership agreements in the upcoming programming period 2014-2020; reminds the Member States, in this context, of the provisions laid down in Article 20 of Directive 2012/27/EU on Energy Efficiency;

| 12. | Acknowledges that one of the greatest obstacles to realising energy savings at local and regional level is the need to invest upfront; is convinced that any measure taken at EU level should take due account of the implications for, and budgetary restrictions of, municipalities and regions; recommends, therefore, that local and regional representatives be consulted when development guidelines are being established in the field of energy, and that financial support be provided for local and regional level programmes for the use of existing energy resources; |
| --- | --- |

12.

Acknowledges that one of the greatest obstacles to realising energy savings at local and regional level is the need to invest upfront; is convinced that any measure taken at EU level should take due account of the implications for, and budgetary restrictions of, municipalities and regions; recommends, therefore, that local and regional representatives be consulted when development guidelines are being established in the field of energy, and that financial support be provided for local and regional level programmes for the use of existing energy resources;

| 13. | Recalls that Parliament has already adopted the report on the role of EU Cohesion Policy and its actors in implementing the new European energy policy, and that this report also covers energy efficiency issues; |
| --- | --- |

13.

Recalls that Parliament has already adopted the report on the role of EU Cohesion Policy and its actors in implementing the new European energy policy, and that this report also covers energy efficiency issues;

Programming period 2014-2020 and legislative changes

| 14. | Notes that the primary objective of Cohesion Policy remains the reduction of the economic, social and territorial disparities between regions, and considers that energy efficiency policies should not interfere with this objective; stresses that some of the EU’s poorest regions may have different priorities and require investment in other areas first; underlines that the strength of Cohesion Policy lies in its flexibility and the decentralised administration of funds at local level; |
| --- | --- |

14.

Notes that the primary objective of Cohesion Policy remains the reduction of the economic, social and territorial disparities between regions, and considers that energy efficiency policies should not interfere with this objective; stresses that some of the EU’s poorest regions may have different priorities and require investment in other areas first; underlines that the strength of Cohesion Policy lies in its flexibility and the decentralised administration of funds at local level;

| 15. | Recalls the 2009 amendment of the European Regional Development Fund (ERDF) Regulation regarding energy efficiency, making housing eligible for support in all parts of the EU, with a cap of 4 %; notes that, as a result of a late change to the provisions, namely a modification of operational programmes made during the programming period, in many Member States this policy action has not resulted in a substantial increase of funds diverted to this objective; notes that because this change was not met with new additional EU funding, some Member States rejected this opportunity while in others a significant correlation has been found between low absorption of funds and weak administrative functions; points to the importance of legal clarity regarding EE measures before and during the programming period 2014-2020; |
| --- | --- |

15.

Recalls the 2009 amendment of the European Regional Development Fund (ERDF) Regulation regarding energy efficiency, making housing eligible for support in all parts of the EU, with a cap of 4 %; notes that, as a result of a late change to the provisions, namely a modification of operational programmes made during the programming period, in many Member States this policy action has not resulted in a substantial increase of funds diverted to this objective; notes that because this change was not met with new additional EU funding, some Member States rejected this opportunity while in others a significant correlation has been found between low absorption of funds and weak administrative functions; points to the importance of legal clarity regarding EE measures before and during the programming period 2014-2020;

| 16. | Welcomes the new opportunities offered by, and the more important role in realising the EE objectives given to, the ERDF and the Cohesion Fund in the programming period 2014-2020; supports in particular the future role of Cohesion Policy funding in the entire building sector, including housing; |
| --- | --- |

16.

Welcomes the new opportunities offered by, and the more important role in realising the EE objectives given to, the ERDF and the Cohesion Fund in the programming period 2014-2020; supports in particular the future role of Cohesion Policy funding in the entire building sector, including housing;

| 17. | Urges the Member States to introduce, within their operational programmes, simple and non-bureaucratic procedures for the use of funding earmarked for the improvement of household energy efficiency; |
| --- | --- |

17.

Urges the Member States to introduce, within their operational programmes, simple and non-bureaucratic procedures for the use of funding earmarked for the improvement of household energy efficiency;

| 18. | Urges the Member States to ensure that decentralisation arrangements give municipal authorities direct access to funding for household energy efficiency; |
| --- | --- |

18.

Urges the Member States to ensure that decentralisation arrangements give municipal authorities direct access to funding for household energy efficiency;

| 19. | Acknowledges the result of the negotiations on the ERDF regulation regarding the earmarked minimum percentages to be used on specific thematic objectives for each category of regions, which allow for an increase in allocations for EE and renewable energy resources; recalls that ambitious minimum shares are crucial for easier mobilisation of local actors and help create stable, long-term programmes; |
| --- | --- |

19.

Acknowledges the result of the negotiations on the ERDF regulation regarding the earmarked minimum percentages to be used on specific thematic objectives for each category of regions, which allow for an increase in allocations for EE and renewable energy resources; recalls that ambitious minimum shares are crucial for easier mobilisation of local actors and help create stable, long-term programmes;

| 20. | Welcomes the Commission’s proposal to extend the use of innovative financial instruments (FI) in the programming period 2014-2020 to all thematic objectives, including EE; |
| --- | --- |

20.

Welcomes the Commission’s proposal to extend the use of innovative financial instruments (FI) in the programming period 2014-2020 to all thematic objectives, including EE;

| 21. | Endorses the Commission’s proposals for simplification of the European Structural and Investment Funds in the programming period 2014-2020; believes that the conclusion of negotiations on the Common Provisions Regulation (CPR) should result in a successful implementation of multiple-funds usage, which would greatly benefit EE projects; |
| --- | --- |

21.

Endorses the Commission’s proposals for simplification of the European Structural and Investment Funds in the programming period 2014-2020; believes that the conclusion of negotiations on the Common Provisions Regulation (CPR) should result in a successful implementation of multiple-funds usage, which would greatly benefit EE projects;

| 22. | Welcomes the progress achieved in negotiations on CPR with regard to partnership agreements; calls, in this regard, on the Member States and the Managing Authorities to work with experts from the field of energy efficiency in order to make good use of this mechanism when preparing the operational programmes (OPs); |
| --- | --- |

22.

Welcomes the progress achieved in negotiations on CPR with regard to partnership agreements; calls, in this regard, on the Member States and the Managing Authorities to work with experts from the field of energy efficiency in order to make good use of this mechanism when preparing the operational programmes (OPs);

| 23. | Encourages the Member States to strengthen relations between their respective National Energy Efficiency Action Plans and the OPs with a view to ensuring that European Structural and Investment Funds will be part of a coherent strategy while still responding to territorial needs; stresses that the principal objective of energy efficiency should be energy autonomy at regional and local level; |
| --- | --- |

23.

Encourages the Member States to strengthen relations between their respective National Energy Efficiency Action Plans and the OPs with a view to ensuring that European Structural and Investment Funds will be part of a coherent strategy while still responding to territorial needs; stresses that the principal objective of energy efficiency should be energy autonomy at regional and local level;

| 24. | Believes that EU measures should support energy efficiency in the energy production, distribution and consumption phases; notes that while Cohesion Policy energy funding is currently mainly spent on renewables (15), a better balance must be reached whereby a greater percentage of funding is targeted at energy efficiency projects; |
| --- | --- |

24.

Believes that EU measures should support energy efficiency in the energy production, distribution and consumption phases; notes that while Cohesion Policy energy funding is currently mainly spent on renewables (15), a better balance must be reached whereby a greater percentage of funding is targeted at energy efficiency projects;

| 25. | Stresses that excessive specification and binding targets as regards the implementation of the energy efficiency objectives may increase expenditures of regional and local authorities on implementing these measures and impose additional costs for costumers; |
| --- | --- |

25.

Stresses that excessive specification and binding targets as regards the implementation of the energy efficiency objectives may increase expenditures of regional and local authorities on implementing these measures and impose additional costs for costumers;

| 26. | Stresses the importance of integrating an energy efficiency dimension into the research and innovation strategies for smart specialisation that the Member States and their regions will have to design in order to access innovation funding under the future Cohesion Policy; |
| --- | --- |

26.

Stresses the importance of integrating an energy efficiency dimension into the research and innovation strategies for smart specialisation that the Member States and their regions will have to design in order to access innovation funding under the future Cohesion Policy;

| 27. | Reminds the Member States once more of the importance of a well-funded budget for the 2014-2020 multiannual financial framework, in which the Cohesion Policy can and should act as a driver of recovery; |
| --- | --- |

27.

Reminds the Member States once more of the importance of a well-funded budget for the 2014-2020 multiannual financial framework, in which the Cohesion Policy can and should act as a driver of recovery;

Raising awareness and the importance of information dissemination

| 28. | Calls on the Commission to improve the quality and dissemination of the practical information on EE issues available to local and regional authorities, in particular as regards the gains to be made from EE investment, the best methodologies, standards and financial incentives, and the providers of relevant services, including energy performance contracting; notes that the lack of energy service companies in many regions, and in many Member States, could affect the uptake of EE funding; |
| --- | --- |

28.

Calls on the Commission to improve the quality and dissemination of the practical information on EE issues available to local and regional authorities, in particular as regards the gains to be made from EE investment, the best methodologies, standards and financial incentives, and the providers of relevant services, including energy performance contracting; notes that the lack of energy service companies in many regions, and in many Member States, could affect the uptake of EE funding;

| 29. | Highlights that the lack of detailed information regarding the characteristics of the building stock at the regional level presents a major barrier for national and regional authorities when formulating strategies and plans; notes the requirements for the listing of such information, as provided by in Directive 2012/27/EU, and asks for this to be completed at regional level as well and made available to the public; |
| --- | --- |

29.

Highlights that the lack of detailed information regarding the characteristics of the building stock at the regional level presents a major barrier for national and regional authorities when formulating strategies and plans; notes the requirements for the listing of such information, as provided by in Directive 2012/27/EU, and asks for this to be completed at regional level as well and made available to the public;

| 30. | Encourages the Managing Authorities to improve the visibility of OPs and the opportunities for potential beneficiaries of offered sustainable energy projects; suggests that this be done through the creation of national websites, platforms or databases for potential beneficiaries and stakeholders, the organisation of workshops and events to inform target groups, and measures to improve the visibility and accessibility to existing web resources (such as the Build Up web portal and the SF Energy Invest Manual); |
| --- | --- |

30.

Encourages the Managing Authorities to improve the visibility of OPs and the opportunities for potential beneficiaries of offered sustainable energy projects; suggests that this be done through the creation of national websites, platforms or databases for potential beneficiaries and stakeholders, the organisation of workshops and events to inform target groups, and measures to improve the visibility and accessibility to existing web resources (such as the Build Up web portal and the SF Energy Invest Manual);

| 31. | Encourages the Managing Authorities, in the programming period 2014-2020, to promote integrated projects by adopting a holistic approach to EE on a territorial level, in particular by making use of the new strategic programming tools, such as Integrated Territorial Investment, and by involving existing initiatives, such as the Covenant of Mayors, to help develop integrated plans; encourages the Commission and the Member States to apply a ‘fast-track’ approach to fund applications from authorities which are signatures to the Covenant of Mayors and are fully implementing its requirements; |
| --- | --- |

31.

Encourages the Managing Authorities, in the programming period 2014-2020, to promote integrated projects by adopting a holistic approach to EE on a territorial level, in particular by making use of the new strategic programming tools, such as Integrated Territorial Investment, and by involving existing initiatives, such as the Covenant of Mayors, to help develop integrated plans; encourages the Commission and the Member States to apply a ‘fast-track’ approach to fund applications from authorities which are signatures to the Covenant of Mayors and are fully implementing its requirements;

| 32. | Welcomes the annual ‘Open Days’ conference and the number of panels dedicated to local and regional energy efficiency projects; suggests that the Commission, the Member States and the Managing Authorities build on this event in order to set up an information exchange platform with a view to promoting much needed dialogue and an exchange of best practices for the implementation and management of EE projects funded by European Structural and Investment Funds; |
| --- | --- |

32.

Welcomes the annual ‘Open Days’ conference and the number of panels dedicated to local and regional energy efficiency projects; suggests that the Commission, the Member States and the Managing Authorities build on this event in order to set up an information exchange platform with a view to promoting much needed dialogue and an exchange of best practices for the implementation and management of EE projects funded by European Structural and Investment Funds;

Capacity building and technical assistance

| 33. | Calls on the Member States to follow up on the Commission’s recommendations (16) and to increase capacity building, using technical assistance budgets, in order to strengthen the effective participation of local, regional and civil society actors in the design of regional and local energy strategies; |
| --- | --- |

33.

Calls on the Member States to follow up on the Commission’s recommendations (16) and to increase capacity building, using technical assistance budgets, in order to strengthen the effective participation of local, regional and civil society actors in the design of regional and local energy strategies;

| 34. | Acknowledges that the transition to energy efficient technologies requires new skills, environment-conscious vocational education and specific training in construction and other sectors; encourages, in this regard, the Member States to continue to use funds to provide technical assistance at all levels (such as through the ELENA facility); calls, furthermore, on the Member States to make use of the European Structural and Investment Funds to re-train and up-skill workers for newly emerging jobs in the low-carbon economy, and to avoid any shortages of skilled manpower in this sector; |
| --- | --- |

34.

Acknowledges that the transition to energy efficient technologies requires new skills, environment-conscious vocational education and specific training in construction and other sectors; encourages, in this regard, the Member States to continue to use funds to provide technical assistance at all levels (such as through the ELENA facility); calls, furthermore, on the Member States to make use of the European Structural and Investment Funds to re-train and up-skill workers for newly emerging jobs in the low-carbon economy, and to avoid any shortages of skilled manpower in this sector;

| 35. | Underlines the potential benefits available under the JESSICA (Joint European Support for Sustainable Investment in City Areas) and ELENA initiatives for sustainable energy investment at local level, with a view to helping cities and regions embark on viable investment projects in the fields of energy efficiency, and calls for the promotion of these initiatives; |
| --- | --- |

35.

Underlines the potential benefits available under the JESSICA (Joint European Support for Sustainable Investment in City Areas) and ELENA initiatives for sustainable energy investment at local level, with a view to helping cities and regions embark on viable investment projects in the fields of energy efficiency, and calls for the promotion of these initiatives;

| 36. | Encourages further administrative support to local and regional authorities in order to assist them create groupings of small and medium-sized energy efficiency projects that on their own would be below the minimum financial thresholds for access to ELENA, JESSICA and Intelligent Energy funding; draws the attention of the Member States and the Commission to the fact that small and medium-sized towns and rural communities often lack the necessary administrative capacity to use new financial instruments fully; |
| --- | --- |

36.

Encourages further administrative support to local and regional authorities in order to assist them create groupings of small and medium-sized energy efficiency projects that on their own would be below the minimum financial thresholds for access to ELENA, JESSICA and Intelligent Energy funding; draws the attention of the Member States and the Commission to the fact that small and medium-sized towns and rural communities often lack the necessary administrative capacity to use new financial instruments fully;

| 37. | Emphasises that bureaucracy and lack of procedural clarity have made access to the Structural Funds and the Cohesion Fund difficult and have discouraged those actors most in need of such funding from applying; supports, therefore, the simplification of rules and procedures, the removal of red tape, and increased flexibility in allocating these funds at both EU and national level; believes that simplification will contribute to the efficient allocation of funds, higher absorption rates, fewer errors and reduced payment periods, and allow the poorest Member States and regions to take full advantage of the financial instruments intended to reduce regional and inter-state disparities; considers that a balance needs to be struck between simplification and the stability of rules and procedures; |
| --- | --- |

37.

Emphasises that bureaucracy and lack of procedural clarity have made access to the Structural Funds and the Cohesion Fund difficult and have discouraged those actors most in need of such funding from applying; supports, therefore, the simplification of rules and procedures, the removal of red tape, and increased flexibility in allocating these funds at both EU and national level; believes that simplification will contribute to the efficient allocation of funds, higher absorption rates, fewer errors and reduced payment periods, and allow the poorest Member States and regions to take full advantage of the financial instruments intended to reduce regional and inter-state disparities; considers that a balance needs to be struck between simplification and the stability of rules and procedures;

Role of financial instruments

| 38. | Stresses that a combination of grants and FI can serve as a successful and innovative approach to leverage private funding, create new models of private-public partnerships and enhance innovation; stresses the importance of attracting private investment in energy efficiency from both the EU and third countries; |
| --- | --- |

38.

Stresses that a combination of grants and FI can serve as a successful and innovative approach to leverage private funding, create new models of private-public partnerships and enhance innovation; stresses the importance of attracting private investment in energy efficiency from both the EU and third countries;

| 39. | Points out that efforts to acquire finance for investment in energy efficient projects are often hindered by market, regulatory and trust barriers such as high upfront costs for investors and difficulties to forecast the exact energy savings potential; urges the Member States to find suitable ways of encouraging investment in household energy efficiency; |
| --- | --- |

39.

Points out that efforts to acquire finance for investment in energy efficient projects are often hindered by market, regulatory and trust barriers such as high upfront costs for investors and difficulties to forecast the exact energy savings potential; urges the Member States to find suitable ways of encouraging investment in household energy efficiency;

| 40. | Highlights with concern that the current economic and financial crisis has made it increasingly difficult for the Member States to find the funding needed to co-finance Cohesion Policy programmes related to EE; finds it essential, in this regard, that new innovative ways of financing EE projects are found, including by the private sector; |
| --- | --- |

40.

Highlights with concern that the current economic and financial crisis has made it increasingly difficult for the Member States to find the funding needed to co-finance Cohesion Policy programmes related to EE; finds it essential, in this regard, that new innovative ways of financing EE projects are found, including by the private sector;

| 41. | Recognises the Commission’s support for the enhanced role of new and innovative FI in the programming period 2014-2020; stresses that the lack of timely delivery and legal clarity presents a significant difficulty both for the Member States and for other stakeholders included in the management of such instruments; urges the Commission to present without delay proposals for off-the-shelf FI to be available in support of EE measures; |
| --- | --- |

41.

Recognises the Commission’s support for the enhanced role of new and innovative FI in the programming period 2014-2020; stresses that the lack of timely delivery and legal clarity presents a significant difficulty both for the Member States and for other stakeholders included in the management of such instruments; urges the Commission to present without delay proposals for off-the-shelf FI to be available in support of EE measures;

| 42. | Calls on the Member States to share best practices in the design of national energy efficiency funds, whereby European Structural and Investment Funds can be used as equity contributions, or similar, and be aligned with additional funding sources from the private sector; |
| --- | --- |

42.

Calls on the Member States to share best practices in the design of national energy efficiency funds, whereby European Structural and Investment Funds can be used as equity contributions, or similar, and be aligned with additional funding sources from the private sector;

| 43. | Calls on the Commission to improve further the targeted financial support of the European Investment Bank (EIB), the European Bank for Reconstruction and Development (EBRD), the Council of Europe Development Bank (CEB) and the European Energy Efficiency Fund (EEEF) for EE projects; calls on the EIB, the CEB and the EBRD to form a joint working group to study alternatives for new FI, which can be made available to the Member States together with or through their National Energy Efficiency Funds to stimulate additional private sector investment; |
| --- | --- |

43.

Calls on the Commission to improve further the targeted financial support of the European Investment Bank (EIB), the European Bank for Reconstruction and Development (EBRD), the Council of Europe Development Bank (CEB) and the European Energy Efficiency Fund (EEEF) for EE projects; calls on the EIB, the CEB and the EBRD to form a joint working group to study alternatives for new FI, which can be made available to the Member States together with or through their National Energy Efficiency Funds to stimulate additional private sector investment;

| 44. | Emphasises that the allocation of funds must be based on the principles of proportionality, cost effectiveness and economic effectiveness, and that it must not increase administrative burdens; |
| --- | --- |

44.

Emphasises that the allocation of funds must be based on the principles of proportionality, cost effectiveness and economic effectiveness, and that it must not increase administrative burdens;

Climate, geographical and competitiveness realities

| 45. | Highlights the importance of regularly assessing whether EE measures and requirements are still adequate given climate realities, the competitiveness impacts on industry and SMEs and the energy price implications in different Member States and regions; calls on the Commission to consider this carefully when preparing a set of performance indicators; |
| --- | --- |

45.

Highlights the importance of regularly assessing whether EE measures and requirements are still adequate given climate realities, the competitiveness impacts on industry and SMEs and the energy price implications in different Member States and regions; calls on the Commission to consider this carefully when preparing a set of performance indicators;

| 46. | Stresses the need to take account as well of the specific geographical characteristics of the outermost regions (OR) with regard to EE in order to make better use of the natural assets deriving from their island status (geothermal, solar, wind and marine energy); |
| --- | --- |

46.

Stresses the need to take account as well of the specific geographical characteristics of the outermost regions (OR) with regard to EE in order to make better use of the natural assets deriving from their island status (geothermal, solar, wind and marine energy);

| 47. | Supports the progress of the MARIE programme in setting up a Mediterranean Building Energy Efficiency Improvement Strategy; calls, in this regard, on the Member States in the Mediterranean area to share best practices in order to deliver a cost-optimal model for southern Europe; calls for the creation of similar programmes in other European regions, especially Central Europe; considers that a similar strategy could be implemented for the OR, particularly as most of them (though not all) are situated in the tropics; |
| --- | --- |

47.

Supports the progress of the MARIE programme in setting up a Mediterranean Building Energy Efficiency Improvement Strategy; calls, in this regard, on the Member States in the Mediterranean area to share best practices in order to deliver a cost-optimal model for southern Europe; calls for the creation of similar programmes in other European regions, especially Central Europe; considers that a similar strategy could be implemented for the OR, particularly as most of them (though not all) are situated in the tropics;

Indicators and criteria

| 48. | Calls on the Member States to set demanding targets for ensuring that public buildings, and buildings serving other purposes, meet the highest EE standards provided by in Directive 2010/31/EU, and to make them subject to energy certification on a regular basis; |
| --- | --- |

48.

Calls on the Member States to set demanding targets for ensuring that public buildings, and buildings serving other purposes, meet the highest EE standards provided by in Directive 2010/31/EU, and to make them subject to energy certification on a regular basis;

| 49. | Calls on the Commission to clarify the common indicators for EE in Cohesion Policy to be applied and used by the Member States in the programming period 2014-2020; |
| --- | --- |

49.

Calls on the Commission to clarify the common indicators for EE in Cohesion Policy to be applied and used by the Member States in the programming period 2014-2020;

| 50. | Calls on the Commission to take due account of the economic, geographic and social situation in determining, for each Member State or region, the investment costs related to achieving savings of one kWh; |
| --- | --- |

50.

Calls on the Commission to take due account of the economic, geographic and social situation in determining, for each Member State or region, the investment costs related to achieving savings of one kWh;

| 51. | Calls on the Commission to develop, without delay and in close consultation with the Member States and regions, EE project assessment guidelines, which could serve as a basis for setting up mechanisms for evaluating, monitoring and verifying projects and for ascertaining their cost-effectiveness; |
| --- | --- |

51.

Calls on the Commission to develop, without delay and in close consultation with the Member States and regions, EE project assessment guidelines, which could serve as a basis for setting up mechanisms for evaluating, monitoring and verifying projects and for ascertaining their cost-effectiveness;

| 52. | Calls on the Member States to apply output indicators as defined in the Annex to ERDF Regulation, as well as to use transparent project selection criteria, and standard investment costs per unit of energy to be saved, specifying a maximum acceptable simple payback period for EE projects; |
| --- | --- |

52.

Calls on the Member States to apply output indicators as defined in the Annex to ERDF Regulation, as well as to use transparent project selection criteria, and standard investment costs per unit of energy to be saved, specifying a maximum acceptable simple payback period for EE projects;

| 53. | Takes note of the Court of Auditors’ latest report on the cost-effectiveness of Cohesion Policy investments in EE; highlights the Court’s recommendation of using transparent and stricter selection criteria for projects at both EU and Member State level; agrees with the Court’s conclusion that assessment criteria used to make investment decisions must be clearer and more precise as regards to how EE aspects are to be considered; |
| --- | --- |

53.

Takes note of the Court of Auditors’ latest report on the cost-effectiveness of Cohesion Policy investments in EE; highlights the Court’s recommendation of using transparent and stricter selection criteria for projects at both EU and Member State level; agrees with the Court’s conclusion that assessment criteria used to make investment decisions must be clearer and more precise as regards to how EE aspects are to be considered;

| 54. | Notes, however, that the Court’s assessment is rather restrictive in terms of sample and payback period; stresses that the Cohesion Policy is an integrated policy and, thus, that a comprehensive approach, based on life-cycle cost analysis, needs to be adopted when carrying out assessments of projects; |
| --- | --- |

54.

Notes, however, that the Court’s assessment is rather restrictive in terms of sample and payback period; stresses that the Cohesion Policy is an integrated policy and, thus, that a comprehensive approach, based on life-cycle cost analysis, needs to be adopted when carrying out assessments of projects;

Importance of the buildings sector

| 55. | Points out that in 2010 the energy consumption in buildings constituted the largest share of the total final energy consumption in the EU — 40 %, of which households accounted for 26,7 % — and that this consumption accounted for 36 % of the Union’s CO2 emissions; regrets that most Member States fall short when it comes to making full use of the energy saving potential of buildings; calls on the Commission to find ways to encourage efforts to ensure that the greatest energy saving potential does not remain untapped by delivering proposals for clear objectives as regards to the energy consumption of buildings in Member States; |
| --- | --- |

55.

Points out that in 2010 the energy consumption in buildings constituted the largest share of the total final energy consumption in the EU — 40 %, of which households accounted for 26,7 % — and that this consumption accounted for 36 % of the Union’s CO2 emissions; regrets that most Member States fall short when it comes to making full use of the energy saving potential of buildings; calls on the Commission to find ways to encourage efforts to ensure that the greatest energy saving potential does not remain untapped by delivering proposals for clear objectives as regards to the energy consumption of buildings in Member States;

| 56. | Recalls that buildings have a natural renovation cycle of 40 years and that energy saving technologies in this sector are well developed, leaving most barriers that prevent the full use of energy saving potential to be of a non-technical nature; points out that due to the nature of EE renovation projects, which are often less visible, smaller and more difficult to aggregate, the European Structural and Investment Funds also have a crucial role to play in providing the funding needed to overcome these barriers; |
| --- | --- |

56.

Recalls that buildings have a natural renovation cycle of 40 years and that energy saving technologies in this sector are well developed, leaving most barriers that prevent the full use of energy saving potential to be of a non-technical nature; points out that due to the nature of EE renovation projects, which are often less visible, smaller and more difficult to aggregate, the European Structural and Investment Funds also have a crucial role to play in providing the funding needed to overcome these barriers;

| 57. | Notes that energy saving potential, which largely depends on the condition of existing building stock, is not equally spread among the Member States and regions; asks the Member States to refine their definition of ‘decent housing’ to include energy-efficiency standards; |
| --- | --- |

57.

Notes that energy saving potential, which largely depends on the condition of existing building stock, is not equally spread among the Member States and regions; asks the Member States to refine their definition of ‘decent housing’ to include energy-efficiency standards;

| 58. | Stresses that public investment in EE in buildings is needed, in particular in the least-developed regions and in Member States which are beneficiaries of Cohesion Policy funding, where there is significant potential for reducing energy consumption through cost-effective measures; |
| --- | --- |

58.

Stresses that public investment in EE in buildings is needed, in particular in the least-developed regions and in Member States which are beneficiaries of Cohesion Policy funding, where there is significant potential for reducing energy consumption through cost-effective measures;

| 59. | Encourages the Member States to maximise the use of national and regional programmes to ensure that a high degree of EE is designed into new buildings and implemented into the existing building stock (retrofitting), including residential buildings for low-income households; |
| --- | --- |

59.

Encourages the Member States to maximise the use of national and regional programmes to ensure that a high degree of EE is designed into new buildings and implemented into the existing building stock (retrofitting), including residential buildings for low-income households;

| 60. | Notes that rural and remote areas have ideal conditions for the deployment of efficient forms of decentralised energy production, which would reduce the energy losses associated with long-distance electricity transportation; |
| --- | --- |

60.

Notes that rural and remote areas have ideal conditions for the deployment of efficient forms of decentralised energy production, which would reduce the energy losses associated with long-distance electricity transportation;

| 61. | Calls on the relevant public authorities to speed up the renovation of buildings they own, using Cohesion Policy funding to provide the needed leverage and create exemplarity; |
| --- | --- |

61.

Calls on the relevant public authorities to speed up the renovation of buildings they own, using Cohesion Policy funding to provide the needed leverage and create exemplarity;

| 62. | Calls on the Member States to pay special attention to the difficulties faced by the joint ownership of multifamily apartment buildings, which represent a difficult free-rider problem; |
| --- | --- |

62.

Calls on the Member States to pay special attention to the difficulties faced by the joint ownership of multifamily apartment buildings, which represent a difficult free-rider problem;

| 63. | Calls on the Commission to build awareness around the real potential of deep renovation and staged deep renovation of building stocks by supporting Member States and regions in the preparation of their renovation strategies; recommends that these strategies be developed in parallel with proposals for OPs, and that they focus on incorporating the use of innovative FI and include indicative milestones to build investor confidence; |
| --- | --- |

63.

Calls on the Commission to build awareness around the real potential of deep renovation and staged deep renovation of building stocks by supporting Member States and regions in the preparation of their renovation strategies; recommends that these strategies be developed in parallel with proposals for OPs, and that they focus on incorporating the use of innovative FI and include indicative milestones to build investor confidence;

o

o o

| 64. | Instructs its President to forward this resolution to the Council, the Commission and the Committee of the Regions. |
| --- | --- |

64.

Instructs its President to forward this resolution to the Council, the Commission and the Committee of the Regions.

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(1)  Texts adopted, P7_TA(2013)0246.

(2)  http://ec.europa.eu/energy/publications/doc/2012_energy_figures.pdf.

(3)  OJ C 87 E, 1.4.2010, p. 98.

(4)  https://www.kfw.de/migration/Weiterleitung-zur-Startseite/Homepage/KfW-Group/Research/PDF-Files/Energy-efficient-building-and-rehabilitation.pdf.

(5)  Texts adopted, P7_TA(2013)0017.

(6)  Texts adopted, P7_TA(2012)0223.

(7)  OJ C 225, 27.7.2012, p. 52.

(8)  OJ C 54, 23.2.2012, p. 49.

(9)  OJ C 24, 28.1.2012, p. 134.

(10)  http://www.sf-energyinvest.eu/fileadmin/Dateien/Downloads/May2012-Recommendations.pdf.

(11)  http://www.renovate-europe.eu/uploads/Multiple%20Benefits%20Study_Key%20Messages%20Brochure.pdf.

(12)  Communication from the Commission — Action Plan for Energy Efficiency: Realising the Potential (COM(2006)0545).

(13)  Report from the Commission to the European Parliament and the Council on Financial support for energy efficiency in buildings (COM(2013)0225), 18 April 2013.

(14)  6754/13 Council Synthesis Report: Implementation of the European Semester, 4 March 2013.

(15)  Report submitted to the Commission by Ismeri Europa entitled ‘Expert evaluation network delivering policy analysis on the performance of Cohesion policy 2007-2013 — Synthesis of national reports 2011 — renewable energy and energy efficiency of housing’: http://ec.europa.eu/regional_policy/sources/docgener/evaluation/pdf/eval2007/expert_innovation/2011_synt_rep_en.pdf)

(16)  Commission’s communication of 26 January 2011 entitled ‘Regional policy contributing to sustainable growth in Europe 2020’ (COM(2011)0017).

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/31 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/31

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P7_TA(2013)0346

A strategy for fisheries in the Adriatic and Ionian Seas

European Parliament resolution of 10 September 2013 on a fisheries strategy in the Adriatic and Ionian seas (2012/2261(INI))

(2016/C 093/04)

The European Parliament,

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

—

having regard to the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the Commission communication entitled ‘A Maritime Strategy for the Adriatic and Ionian Seas’ (COM(2012)0713), |
| --- | --- |

—

having regard to the Commission communication entitled ‘A Maritime Strategy for the Adriatic and Ionian Seas’ (COM(2012)0713),

| — | having regard to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (1), as subsequently amended (the Mediterranean Regulation), |
| --- | --- |

—

having regard to Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (1), as subsequently amended (the Mediterranean Regulation),

| — | having regard to its resolution of 6 February 2013 on the common fisheries policy (2), |
| --- | --- |

—

having regard to its resolution of 6 February 2013 on the common fisheries policy (2),

| — | having regard to its resolution of 22 November 2012 on the external dimension of the common fisheries policy (3), |
| --- | --- |

—

having regard to its resolution of 22 November 2012 on the external dimension of the common fisheries policy (3),

| — | having regard to Directive 2008/56/EC and to the obligation for Member States to take the necessary measures to achieve or maintain good environmental status in the marine environment by the year 2020 at the latest, |
| --- | --- |

—

having regard to Directive 2008/56/EC and to the obligation for Member States to take the necessary measures to achieve or maintain good environmental status in the marine environment by the year 2020 at the latest,

| — | having regard to its resolution of 3 July 2012 on the evolution of EU macro-regional strategies: present practice and future prospects, especially in the Mediterranean (4), |
| --- | --- |

—

having regard to its resolution of 3 July 2012 on the evolution of EU macro-regional strategies: present practice and future prospects, especially in the Mediterranean (4),

| — | having regard to its position of 8 March 2011 on the proposal for a regulation of the European Parliament and of the Council on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement Area (5), |
| --- | --- |

—

having regard to its position of 8 March 2011 on the proposal for a regulation of the European Parliament and of the Council on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement Area (5),

| — | having regard to its resolution of 21 October 2010 on the Integrated Maritime Policy (IMP) — evaluation of progress made and new challenges (6), |
| --- | --- |

—

having regard to its resolution of 21 October 2010 on the Integrated Maritime Policy (IMP) — evaluation of progress made and new challenges (6),

| — | having regard to the Commission proposal for a directive establishing a framework for maritime spatial planning and integrated coastal management (COM(2013)0133), |
| --- | --- |

—

having regard to the Commission proposal for a directive establishing a framework for maritime spatial planning and integrated coastal management (COM(2013)0133),

| — | having regard to its resolution of 17 June 2010 on a new impetus for the strategy for the sustainable development of European aquaculture (7), |
| --- | --- |

—

having regard to its resolution of 17 June 2010 on a new impetus for the strategy for the sustainable development of European aquaculture (7),

| — | having regard to the Habitats Directive (8), |
| --- | --- |

—

having regard to the Habitats Directive (8),

| — | having regard to the declaration of 7 October 2012 of the European ministers responsible for the integrated maritime policy, and of the Commission, on a marine and maritime agenda for growth and jobs (the Limassol Declaration), |
| --- | --- |

—

having regard to the declaration of 7 October 2012 of the European ministers responsible for the integrated maritime policy, and of the Commission, on a marine and maritime agenda for growth and jobs (the Limassol Declaration),

| — | having regard to the Commission communication entitled ‘Blue growth: opportunities for marine and maritime sustainable growth’ (COM(2012)0494), |
| --- | --- |

—

having regard to the Commission communication entitled ‘Blue growth: opportunities for marine and maritime sustainable growth’ (COM(2012)0494),

| — | having regard to the European Council resolutions of 23—24 June 2011, |
| --- | --- |

—

having regard to the European Council resolutions of 23—24 June 2011,

| — | having regard to the Convention for the Protection of the Mediterranean Sea against Pollution and the protocols thereto (9), |
| --- | --- |

—

having regard to the Convention for the Protection of the Mediterranean Sea against Pollution and the protocols thereto (9),

| — | having regard to the Commission communication entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020), |
| --- | --- |

—

having regard to the Commission communication entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

| — | having regard to Committee of the Regions’ own-initiative opinion of 12 October 2011 advocating the development of a new Adriatic-Ionian macro-region (10), |
| --- | --- |

—

having regard to Committee of the Regions’ own-initiative opinion of 12 October 2011 advocating the development of a new Adriatic-Ionian macro-region (10),

| — | having regard to the Ancona Declaration, adopted on 5 May 2010 at the 12th Ionian Council meeting, |
| --- | --- |

—

having regard to the Ancona Declaration, adopted on 5 May 2010 at the 12th Ionian Council meeting,

| — | having regard to the United Nations Convention on the Law of the Sea (UNCLOS) of 10 December 1982, |
| --- | --- |

—

having regard to the United Nations Convention on the Law of the Sea (UNCLOS) of 10 December 1982,

| — | having regard to the FAO Code of Conduct for Responsible Fisheries, adopted on 31 October 1995, |
| --- | --- |

—

having regard to the FAO Code of Conduct for Responsible Fisheries, adopted on 31 October 1995,

| — | having regard to International Labour Organisation (ILO) Recommendation 199 concerning work in the fishing sector, |
| --- | --- |

—

having regard to International Labour Organisation (ILO) Recommendation 199 concerning work in the fishing sector,

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A7-0234/2013), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A7-0234/2013),

| A. | whereas seven countries have an outlet to the Adriatic and Ionian seas (11), four of which are Member States (Italy, Greece, Croatia and Slovenia), one is a candidate country (Montenegro) and two are potential candidate countries (Albania, and Bosnia and Herzegovina); |
| --- | --- |

A.

whereas seven countries have an outlet to the Adriatic and Ionian seas (11), four of which are Member States (Italy, Greece, Croatia and Slovenia), one is a candidate country (Montenegro) and two are potential candidate countries (Albania, and Bosnia and Herzegovina);

| B. | whereas cross-border cooperation is essential in order to establish arrangements for the joint management of fishing activities and to make sure that fish stocks are exploited in a sustainable manner; |
| --- | --- |

B.

whereas cross-border cooperation is essential in order to establish arrangements for the joint management of fishing activities and to make sure that fish stocks are exploited in a sustainable manner;

| C. | whereas, although some of the Adriatic countries have established special zones, a substantial proportion of the waters of the Adriatic and Ionian seas are still international waters; |
| --- | --- |

C.

whereas, although some of the Adriatic countries have established special zones, a substantial proportion of the waters of the Adriatic and Ionian seas are still international waters;

| D. | whereas in its recent resolution on the evolution of EU macro-regional strategies, Parliament stressed that the Adriatic-Ionian macro-regional strategy is a significant factor in efforts to achieve reconciliation between countries in the Western Balkans, and may assist those countries’ efforts to join the EU, thus enabling an overall policy for the whole Mediterranean basin to be implemented; |
| --- | --- |

D.

whereas in its recent resolution on the evolution of EU macro-regional strategies, Parliament stressed that the Adriatic-Ionian macro-regional strategy is a significant factor in efforts to achieve reconciliation between countries in the Western Balkans, and may assist those countries’ efforts to join the EU, thus enabling an overall policy for the whole Mediterranean basin to be implemented;

| E. | whereas the signatory states to the Ancona Declaration have called on the Commission to draw up a macro-regional strategy for the Adriatic-Ionian region, along the lines of the macro-regional strategies it has already put forward for the Baltic (2009), the Danube (2010) and the Atlantic Ocean (2011) (12); |
| --- | --- |

E.

whereas the signatory states to the Ancona Declaration have called on the Commission to draw up a macro-regional strategy for the Adriatic-Ionian region, along the lines of the macro-regional strategies it has already put forward for the Baltic (2009), the Danube (2010) and the Atlantic Ocean (2011) (12);

| F. | whereas in its resolution of 23—24 June 2011 the European Council invited the Member States to ‘continue work in cooperation with the Commission on possible future macro-regional strategies, in particular as regards the Adriatic and Ionian region’; |
| --- | --- |

F.

whereas in its resolution of 23—24 June 2011 the European Council invited the Member States to ‘continue work in cooperation with the Commission on possible future macro-regional strategies, in particular as regards the Adriatic and Ionian region’;

| G. | whereas, in a recent opinion, the Committee of the Regions has called on Parliament to support the establishment of an EU strategy for an Adriatic-Ionian macro-region that takes account of the major challenges facing the area, in particular as regards the fisheries and aquaculture sector; |
| --- | --- |

G.

whereas, in a recent opinion, the Committee of the Regions has called on Parliament to support the establishment of an EU strategy for an Adriatic-Ionian macro-region that takes account of the major challenges facing the area, in particular as regards the fisheries and aquaculture sector;

| H. | whereas fishing has traditionally been an important industry in most of the regions facing on to the Adriatic and Ionian seas, and whereas fishing activities in this area are currently managed by the General Fisheries Commission for the Mediterranean (GFCM) and the International Commission for the Conservation of Atlantic Tunas (ICCAT); |
| --- | --- |

H.

whereas fishing has traditionally been an important industry in most of the regions facing on to the Adriatic and Ionian seas, and whereas fishing activities in this area are currently managed by the General Fisheries Commission for the Mediterranean (GFCM) and the International Commission for the Conservation of Atlantic Tunas (ICCAT);

| I. | whereas the principal geo-physical feature of the Adriatic sea basin, especially in the northern part, is a shallow and sandy seabed which only becomes deeper many miles out from the shore, the features of the Ionian sea basin are similar to those of the rest of the much deeper Mediterranean, in particular in GSAs (GFCM Geographical Sub-Areas) 18 and 19, which reach depths of up to 2 000 metres; |
| --- | --- |

I.

whereas the principal geo-physical feature of the Adriatic sea basin, especially in the northern part, is a shallow and sandy seabed which only becomes deeper many miles out from the shore, the features of the Ionian sea basin are similar to those of the rest of the much deeper Mediterranean, in particular in GSAs (GFCM Geographical Sub-Areas) 18 and 19, which reach depths of up to 2 000 metres;

| J. | whereas the Adriatic-Ionian sea basin is a multi-species fishery in which multi-gear fishing activities are carried out, ranging from small-scale artisanal fishing to demersal trawling and from pelagic mid-water trawling to recreational fishing; |
| --- | --- |

J.

whereas the Adriatic-Ionian sea basin is a multi-species fishery in which multi-gear fishing activities are carried out, ranging from small-scale artisanal fishing to demersal trawling and from pelagic mid-water trawling to recreational fishing;

| K. | whereas the Adriatic is home to a large number of endemic fish species; whereas, however, an increase in fishing effort and/or higher pollution levels have given rise to major problems for fish stocks and for the fishing industry in general, in particular on the Italian side of the southern Adriatic; |
| --- | --- |

K.

whereas the Adriatic is home to a large number of endemic fish species; whereas, however, an increase in fishing effort and/or higher pollution levels have given rise to major problems for fish stocks and for the fishing industry in general, in particular on the Italian side of the southern Adriatic;

| L. | whereas, furthermore, over recent years there has been a considerable increase in aquaculture in the Adriatic-Ionian area, although there are major environmental and spatial constraints, and although not all areas are suited to the installation of offshore breeding facilities and, where they are, such facilities are not always compatible with other activities; |
| --- | --- |

L.

whereas, furthermore, over recent years there has been a considerable increase in aquaculture in the Adriatic-Ionian area, although there are major environmental and spatial constraints, and although not all areas are suited to the installation of offshore breeding facilities and, where they are, such facilities are not always compatible with other activities;

| M. | whereas a number of valuable regional schemes to promote scientific cooperation aimed at securing responsible fishing in the Adriatic Sea, such as Adriamed (13), are already in progress; |
| --- | --- |

M.

whereas a number of valuable regional schemes to promote scientific cooperation aimed at securing responsible fishing in the Adriatic Sea, such as Adriamed (13), are already in progress;

| N. | whereas many Member States do not have specific national or regional development plans that regulate installations in coastal and marine areas and that clearly identify the zones available for aquaculture plants, thereby preventing easily foreseeable conflicts of interest with other economic sectors, such as tourism, agriculture and coastal fishing; |
| --- | --- |

N.

whereas many Member States do not have specific national or regional development plans that regulate installations in coastal and marine areas and that clearly identify the zones available for aquaculture plants, thereby preventing easily foreseeable conflicts of interest with other economic sectors, such as tourism, agriculture and coastal fishing;

| O. | having regard to the Adriatic Protected Areas Network (AdriaPAN), the purpose of which is to optimise the management and planning of those areas through partnership; |
| --- | --- |

O.

having regard to the Adriatic Protected Areas Network (AdriaPAN), the purpose of which is to optimise the management and planning of those areas through partnership;

| P. | whereas the development of an integrated approach to maritime policies in the Adriatic and Ionian seas needs to be accompanied by a dialogue and partnership process with all coastal states, given the transboundary nature of marine activities and shared resources; |
| --- | --- |

P.

whereas the development of an integrated approach to maritime policies in the Adriatic and Ionian seas needs to be accompanied by a dialogue and partnership process with all coastal states, given the transboundary nature of marine activities and shared resources;

General considerations

| 1. | Points out that, following the entry into force of the Lisbon Treaty, Parliament now has full co-legislative powers in the fisheries and aquaculture sector and intends to play its full part in shaping fisheries policy at EU level, as well as at regional and trans-regional level; |
| --- | --- |

1.

Points out that, following the entry into force of the Lisbon Treaty, Parliament now has full co-legislative powers in the fisheries and aquaculture sector and intends to play its full part in shaping fisheries policy at EU level, as well as at regional and trans-regional level;

| 2. | Believes that a strategy for the Adriatic and Ionian seas should make particular reference to the sustainable development and growth of the fisheries and aquaculture sector, including employment; |
| --- | --- |

2.

Believes that a strategy for the Adriatic and Ionian seas should make particular reference to the sustainable development and growth of the fisheries and aquaculture sector, including employment;

| 3. | Believes that a strategy for the Adriatic and Ionian seas should strive to ensure the preservation and protection of the environment; |
| --- | --- |

3.

Believes that a strategy for the Adriatic and Ionian seas should strive to ensure the preservation and protection of the environment;

| 4. | Welcomes the Commission communication of 3 December 2012 as an important step towards the adoption of a legislative framework that will foster closer cooperation between the countries and regions along the shores of the Adriatic and Ionian seas, with a view to ensuring that fishing is carried out in a responsible manner and is economically viable for coastal communities; |
| --- | --- |

4.

Welcomes the Commission communication of 3 December 2012 as an important step towards the adoption of a legislative framework that will foster closer cooperation between the countries and regions along the shores of the Adriatic and Ionian seas, with a view to ensuring that fishing is carried out in a responsible manner and is economically viable for coastal communities;

| 5. | Believes, in this context, that the Integrated Maritime Policy (IMP) should play a vital role in developing a long-term strategic policy in the Adriatic and Ionian seas, aiming at sustainable marine and maritime growth and the preservation of marine ecosystems for future generations; |
| --- | --- |

5.

Believes, in this context, that the Integrated Maritime Policy (IMP) should play a vital role in developing a long-term strategic policy in the Adriatic and Ionian seas, aiming at sustainable marine and maritime growth and the preservation of marine ecosystems for future generations;

| 6. | Believes further that maritime spatial planning — as the public process for analysing and planning the spatial and temporal distribution of human activities in the Adriatic and Ionian Sea areas, in particular in the north of the Adriatic Sea — is vital for the sustainable future of the fishing sector in relation to other related activities; |
| --- | --- |

6.

Believes further that maritime spatial planning — as the public process for analysing and planning the spatial and temporal distribution of human activities in the Adriatic and Ionian Sea areas, in particular in the north of the Adriatic Sea — is vital for the sustainable future of the fishing sector in relation to other related activities;

| 7. | Reiterates its support to the introduction of a macro-regional strategy for this important maritime area, with a view to addressing the shared challenges and problems faced by the inhabitants of the coastal regions concerned and to promoting economic development and European integration in the area; |
| --- | --- |

7.

Reiterates its support to the introduction of a macro-regional strategy for this important maritime area, with a view to addressing the shared challenges and problems faced by the inhabitants of the coastal regions concerned and to promoting economic development and European integration in the area;

| 8. | Takes the view that all EU programmes and funding instruments (14) for the regions in the Adriatic-Ionian sea basin, including the instrument for pre-accession assistance (IPA), should be compatible with one another and should be used as efficiently as possible, so as to provide genuine added value for fishermen and fisheries sector operators; |
| --- | --- |

8.

Takes the view that all EU programmes and funding instruments (14) for the regions in the Adriatic-Ionian sea basin, including the instrument for pre-accession assistance (IPA), should be compatible with one another and should be used as efficiently as possible, so as to provide genuine added value for fishermen and fisheries sector operators;

| 9. | Firmly believes that all efforts that are made to secure responsible, sustainable fishing in the Adriatic-Ionian sea basin can act as a catalyst for the development of coastal and rural areas in the countries concerned, and foster the development of combined economic activities — such as fishing tourism, in which professional fishermen take tourists or researchers out on fishing trips — which remain fully in keeping with the principle of practising a sustainable form of fishing that conserves the local environment and biodiversity; |
| --- | --- |

9.

Firmly believes that all efforts that are made to secure responsible, sustainable fishing in the Adriatic-Ionian sea basin can act as a catalyst for the development of coastal and rural areas in the countries concerned, and foster the development of combined economic activities — such as fishing tourism, in which professional fishermen take tourists or researchers out on fishing trips — which remain fully in keeping with the principle of practising a sustainable form of fishing that conserves the local environment and biodiversity;

| 10. | Considers that the Barcelona Convention and its Protocol on Integrated Coastal Management, which entered into force in March 2011, could serve as a model to render an integrated policy compulsory for Member States bordering on the Adriatic and Ionian seas; |
| --- | --- |

10.

Considers that the Barcelona Convention and its Protocol on Integrated Coastal Management, which entered into force in March 2011, could serve as a model to render an integrated policy compulsory for Member States bordering on the Adriatic and Ionian seas;

| 11. | Considers the data available on Adriatic-Ionian fish stocks, their movements and their distribution, as well as on recreational fishing, to be unsatisfactory, and calls, accordingly, on the relevant authorities and research bodies to make good the shortcomings at the earliest opportunity; |
| --- | --- |

11.

Considers the data available on Adriatic-Ionian fish stocks, their movements and their distribution, as well as on recreational fishing, to be unsatisfactory, and calls, accordingly, on the relevant authorities and research bodies to make good the shortcomings at the earliest opportunity;

| 12. | Calls on the Commission to take further measures to promote research programmes relating to the marine environment and fisheries, and to encourage the utilisation and dissemination of the findings of this research; |
| --- | --- |

12.

Calls on the Commission to take further measures to promote research programmes relating to the marine environment and fisheries, and to encourage the utilisation and dissemination of the findings of this research;

| 13. | Takes the view that successful schemes for cooperation in commercial matters between administrative bodies from various regions (15) can serve as examples of best practice to be used in other areas with a view to enhancing the traceability, profitability and marketing of fisheries and aquaculture products, in particular local products; |
| --- | --- |

13.

Takes the view that successful schemes for cooperation in commercial matters between administrative bodies from various regions (15) can serve as examples of best practice to be used in other areas with a view to enhancing the traceability, profitability and marketing of fisheries and aquaculture products, in particular local products;

| 14. | Endorses the participation of all stakeholders for the development of a sustainable and productive fisheries sector in this area; |
| --- | --- |

14.

Endorses the participation of all stakeholders for the development of a sustainable and productive fisheries sector in this area;

| 15. | Considers it essential, with a view to ensuring the sustainable development of the fisheries and aquaculture sector throughout the Adriatic-Ionian sea basin and to boosting employment in coastal areas, for the vital work carried out by women in the fisheries sector to be given proper recognition, for it to be made easier for women to gain professional qualifications and for women to be included in coastal action groups and producer organisations; |
| --- | --- |

15.

Considers it essential, with a view to ensuring the sustainable development of the fisheries and aquaculture sector throughout the Adriatic-Ionian sea basin and to boosting employment in coastal areas, for the vital work carried out by women in the fisheries sector to be given proper recognition, for it to be made easier for women to gain professional qualifications and for women to be included in coastal action groups and producer organisations;

| 16. | Calls for incentives that can attract young people to the fisheries and aquaculture sectors in this area and encourage them to engage in these activities; |
| --- | --- |

16.

Calls for incentives that can attract young people to the fisheries and aquaculture sectors in this area and encourage them to engage in these activities;

| 17. | Points out that Parliament has already in the past drawn attention to the need for simpler, more consistent and more transparent aquaculture legislation that removes the barriers which, to date, have prevented the potential of the EU’s aquaculture sector from being fully exploited, and that this will require the establishment of clear and consistent EU and national rules, together with the drafting of clearly defined marine and coastal development plans by the Member States, in line with the guidelines recently adopted by the GFCM (16); |
| --- | --- |

17.

Points out that Parliament has already in the past drawn attention to the need for simpler, more consistent and more transparent aquaculture legislation that removes the barriers which, to date, have prevented the potential of the EU’s aquaculture sector from being fully exploited, and that this will require the establishment of clear and consistent EU and national rules, together with the drafting of clearly defined marine and coastal development plans by the Member States, in line with the guidelines recently adopted by the GFCM (16);

| 18. | Points out that the targeted development of the aquaculture sector could generate non-seasonal jobs in Adriatic-Ionian coastal regions, which are heavily dependent on the summer tourist trade, thus giving a significant boost to employment in the area; |
| --- | --- |

18.

Points out that the targeted development of the aquaculture sector could generate non-seasonal jobs in Adriatic-Ionian coastal regions, which are heavily dependent on the summer tourist trade, thus giving a significant boost to employment in the area;

| 19. | Stresses that the expansion of aquaculture activities must not jeopardise the achievement of good environmental status under Directive 2008/56/EC and shall be carried out in full compliance with all relevant Union environmental legislation; |
| --- | --- |

19.

Stresses that the expansion of aquaculture activities must not jeopardise the achievement of good environmental status under Directive 2008/56/EC and shall be carried out in full compliance with all relevant Union environmental legislation;

| 20. | Points out that the only way of ensuring that fish stocks and the marine environment can be protected against pollution and over-fishing and/or illegal fishing is to set up an integrated network of maritime activities information and monitoring systems, in close cooperation with the states and coastal regions affected; |
| --- | --- |

20.

Points out that the only way of ensuring that fish stocks and the marine environment can be protected against pollution and over-fishing and/or illegal fishing is to set up an integrated network of maritime activities information and monitoring systems, in close cooperation with the states and coastal regions affected;

Specific considerations

| 21. | Urges the coastal countries of the Adriatic-Ionic sea basin to cooperate in drafting a global overview of the area’s specific geo-physical and bathymetric features, the presence and distribution of the various marine species and the different fishing techniques, in order to obtain an overall perspective to serve as a basis for improved fisheries management and help strengthen fisheries activity within the framework of any future macro-regional strategy; |
| --- | --- |

21.

Urges the coastal countries of the Adriatic-Ionic sea basin to cooperate in drafting a global overview of the area’s specific geo-physical and bathymetric features, the presence and distribution of the various marine species and the different fishing techniques, in order to obtain an overall perspective to serve as a basis for improved fisheries management and help strengthen fisheries activity within the framework of any future macro-regional strategy;

| 22. | Urges the Commission to adopt, at the earliest opportunity and by 2013 at the latest, the action plan for the practical implementation on a macro-regional basis of the maritime strategy for the Adriatic Sea and the Ionian Sea, pointing out that the fisheries sector should form one of the priorities of that strategy, taking account of the specific geo-physical features and linking this plan of action to regional policy, the Union’s integrated maritime policy and the Connecting Europe Facility, so as to maximise its leverage effect; |
| --- | --- |

22.

Urges the Commission to adopt, at the earliest opportunity and by 2013 at the latest, the action plan for the practical implementation on a macro-regional basis of the maritime strategy for the Adriatic Sea and the Ionian Sea, pointing out that the fisheries sector should form one of the priorities of that strategy, taking account of the specific geo-physical features and linking this plan of action to regional policy, the Union’s integrated maritime policy and the Connecting Europe Facility, so as to maximise its leverage effect;

| 23. | Calls on the Commission to submit, at the earliest opportunity, a proposal for a regulation laying down common technical measures for fishing in the Adriatic-Ionian sea basin and specifying the admissible fishing effort, fishing periods and fishing gears and other relevant management measures; |
| --- | --- |

23.

Calls on the Commission to submit, at the earliest opportunity, a proposal for a regulation laying down common technical measures for fishing in the Adriatic-Ionian sea basin and specifying the admissible fishing effort, fishing periods and fishing gears and other relevant management measures;

| 24. | Regrets that the Member States have not made greater use of these individual management plans, which allow certain general rules to be suspended so that specific characteristics can be taken into account; considers that this would have considerably facilitated local management and would have provided valuable data on the situation in the different zones, making it possible to introduce appropriate changes; asks, therefore, the coastal Member States to collaborate constructively with each other and with the Commission in updating and continuously adapting fisheries management measures; |
| --- | --- |

24.

Regrets that the Member States have not made greater use of these individual management plans, which allow certain general rules to be suspended so that specific characteristics can be taken into account; considers that this would have considerably facilitated local management and would have provided valuable data on the situation in the different zones, making it possible to introduce appropriate changes; asks, therefore, the coastal Member States to collaborate constructively with each other and with the Commission in updating and continuously adapting fisheries management measures;

| 25. | Calls on the Commission to establish an ongoing dialogue with the non-EU countries of the Adriatic-Ionian sea basin, with a view to concluding bilateral or multilateral agreements with the aim of advancing towards a harmonisation and standardisation of the rules for fisheries management in order to achieve the objectives of the EU Common Fisheries Policy CFP in the Mediterranean while taking full advantage of the framework for collaboration provided by the international and regional fisheries organisations; points out that a strategy for the Adriatic and Ionian seas can only be of added value if all bordering countries, EU and non EU-countries alike, are taken into account; |
| --- | --- |

25.

Calls on the Commission to establish an ongoing dialogue with the non-EU countries of the Adriatic-Ionian sea basin, with a view to concluding bilateral or multilateral agreements with the aim of advancing towards a harmonisation and standardisation of the rules for fisheries management in order to achieve the objectives of the EU Common Fisheries Policy CFP in the Mediterranean while taking full advantage of the framework for collaboration provided by the international and regional fisheries organisations; points out that a strategy for the Adriatic and Ionian seas can only be of added value if all bordering countries, EU and non EU-countries alike, are taken into account;

| 26. | Calls on the Commission to promote CFP objectives, notably the goal of achieving above maximum sustainable yield (MSY) for all fish stocks by 2020 at the latest, and to encourage the employment of an ecosystem-based approach vis-à-vis non-EU countries; |
| --- | --- |

26.

Calls on the Commission to promote CFP objectives, notably the goal of achieving above maximum sustainable yield (MSY) for all fish stocks by 2020 at the latest, and to encourage the employment of an ecosystem-based approach vis-à-vis non-EU countries;

| 27. | Calls on the Commission to step up exchanges of best conservation practice, in cooperation with the coastal states, and to promote the establishment of marine protected areas for the recovery of the most threatened species; |
| --- | --- |

27.

Calls on the Commission to step up exchanges of best conservation practice, in cooperation with the coastal states, and to promote the establishment of marine protected areas for the recovery of the most threatened species;

| 28. | Calls on the Commission to promote the goals of the Marine Strategy Framework Directive (MSFD) vis-à-vis non-EU countries bordering on the Adriatic and Ionian seas, namely to achieve or maintain good environmental status in the marine environment by the year 2020 at the latest; |
| --- | --- |

28.

Calls on the Commission to promote the goals of the Marine Strategy Framework Directive (MSFD) vis-à-vis non-EU countries bordering on the Adriatic and Ionian seas, namely to achieve or maintain good environmental status in the marine environment by the year 2020 at the latest;

| 29. | Calls, in this regard, on the Commission to encourage those Member States bordering on the Adriatic and Ionian seas to develop and implement marine strategies that take an eco-system-based approach and that ensure the integration of environmental concerns into the different policies that have an impact on the marine environment, taking into account the trans-boundary effects on the quality of marine waters of neighbouring third countries; |
| --- | --- |

29.

Calls, in this regard, on the Commission to encourage those Member States bordering on the Adriatic and Ionian seas to develop and implement marine strategies that take an eco-system-based approach and that ensure the integration of environmental concerns into the different policies that have an impact on the marine environment, taking into account the trans-boundary effects on the quality of marine waters of neighbouring third countries;

| 30. | Recalls that funding exists, both under the future European Maritime and Fisheries Fund (EMFF), through its data collection programmes, and within the framework for the Union’s various research programmes, for improving knowledge of the marine environment, including fish species, and for introducing greater innovation and better practices in fisheries activity; calls, therefore, on the Member States to put forward projects in these areas, and considers that advance cooperation among the various coastal countries, whether or not they belong to the EU, can lead to extremely interesting initiatives able to benefit the whole of the Adriatic-Ionian basin, through projects presented by the Member States; |
| --- | --- |

30.

Recalls that funding exists, both under the future European Maritime and Fisheries Fund (EMFF), through its data collection programmes, and within the framework for the Union’s various research programmes, for improving knowledge of the marine environment, including fish species, and for introducing greater innovation and better practices in fisheries activity; calls, therefore, on the Member States to put forward projects in these areas, and considers that advance cooperation among the various coastal countries, whether or not they belong to the EU, can lead to extremely interesting initiatives able to benefit the whole of the Adriatic-Ionian basin, through projects presented by the Member States;

| 31. | Calls on the Commission to consider whether a specific funding line for implementation of the measures and objectives laid down for this strategy should be created in cooperation with the European Investment Bank (EIB), drawing on the experience gained with the FEMIP (17) so as to avoid further complicating matters through the adoption of new budgetary instruments; calls on the Commission to consider as well the possibility of using project bonds and public-private partnerships as eminently suitable financing instruments; |
| --- | --- |

31.

Calls on the Commission to consider whether a specific funding line for implementation of the measures and objectives laid down for this strategy should be created in cooperation with the European Investment Bank (EIB), drawing on the experience gained with the FEMIP (17) so as to avoid further complicating matters through the adoption of new budgetary instruments; calls on the Commission to consider as well the possibility of using project bonds and public-private partnerships as eminently suitable financing instruments;

| 32. | Calls on the Commission to propose that specific advisory bodies for the Adriatic Sea and the Ionian Sea should be set up within the Regional Advisory Council (RAC) already established for the Mediterranean area, drawing on the positive experience gained with the ‘maritime districts’ that have been set up in Italian waters (18) (such as the Northern Adriatic fisheries district, established in 2012 for the shared and concerted management of the northern Adriatic fisheries sector from a political, economic, social and environmental point of view); |
| --- | --- |

32.

Calls on the Commission to propose that specific advisory bodies for the Adriatic Sea and the Ionian Sea should be set up within the Regional Advisory Council (RAC) already established for the Mediterranean area, drawing on the positive experience gained with the ‘maritime districts’ that have been set up in Italian waters (18) (such as the Northern Adriatic fisheries district, established in 2012 for the shared and concerted management of the northern Adriatic fisheries sector from a political, economic, social and environmental point of view);

| 33. | Calls on the Commission to include in the future legislative proposal on maritime spatial planning provisions obliging maritime Member States to make inventories of the environmental and tourism protection rules in force on their respective national territories and, in respect of areas not subject to restrictions, to adopt marine and coastal development plans establishing the admissibility and compatibility of the use and occupation of these areas, with a view to facilitating access to areas suitable for setting up aquaculture undertakings; |
| --- | --- |

33.

Calls on the Commission to include in the future legislative proposal on maritime spatial planning provisions obliging maritime Member States to make inventories of the environmental and tourism protection rules in force on their respective national territories and, in respect of areas not subject to restrictions, to adopt marine and coastal development plans establishing the admissibility and compatibility of the use and occupation of these areas, with a view to facilitating access to areas suitable for setting up aquaculture undertakings;

| 34. | Calls on the Commission to establish a specific Work Plan for the Adriatic and Ionian Seas, setting out the future objectives in that region as is currently undertaken in the Mediterranean Sea (IMP-MED project); stresses that this Work Plan should be seen as a project eligible for funding under the EMFF; |
| --- | --- |

34.

Calls on the Commission to establish a specific Work Plan for the Adriatic and Ionian Seas, setting out the future objectives in that region as is currently undertaken in the Mediterranean Sea (IMP-MED project); stresses that this Work Plan should be seen as a project eligible for funding under the EMFF;

| 35. | Urges the Commission to create a toolbox of sanction measures to ensure that a Member State that does not fulfil its data collection and transmission obligations, or is unable to tackle problems with illegal, unreported and unregulated (IUU) fishing in its waters or by its fishing fleet, can be sanctioned; |
| --- | --- |

35.

Urges the Commission to create a toolbox of sanction measures to ensure that a Member State that does not fulfil its data collection and transmission obligations, or is unable to tackle problems with illegal, unreported and unregulated (IUU) fishing in its waters or by its fishing fleet, can be sanctioned;

o

o o

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

36.

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

---

(1)  OJ L 409, 30.12.2006, p. 11; OJ L 36, 8.2.2007, p. 6; OJ L 196, 28.7.2011, p. 42.

(2)  Texts adopted, P7_TA(2013)0040.

(3)  Texts adopted, P7_TA(2012)0461.

(4)  Texts adopted, P7_TA(2012)0269.

(5)  OJ C 199 E, 7.7.2012, p. 193.

(6)  OJ C 70 E, 8.3.2012, p. 70.

(7)  OJ C 236 E, 12.8.2011, p. 132.

(8)  Council Directive 92/43/EEC (OJ L 206, 22.7.1992, p. 7).

(9)  Texts adopted, P7_TA(2010)0128.

(10)  Opinion COTER-V-016, rapporteur Gian Mario Spacca (ALDE/IT), October 2011.

(11)  The International Hydrographic Organisation (IHO) definition puts the southern boundary of the Ionian Sea at a line drawn between Capo Passero (Sicily) and Cape Tenaron (Greece).

(12)  COM(2009)0248, COM(2012)0128, COM(2010)0715 and COM(2011)0782.

(13)  Adriamed is an FAO regional project funded by the Italian Ministry of Agriculture, Food and Forestry Policies (MiPAAF) and the Commission that seeks to promote scientific cooperation among the Adriatic countries (Albania, Croatia, Italy, Montenegro and Slovenia), in line with the UN FAO Code of Conduct for Responsible Fisheries.

(14)  Structural Funds (ERDF, CF, ESF, EFF/EMFF), FP7 and LIFE+.

(15)  Such as the Socio-economic Observatory for Fishing and Aquaculture in the North Adriatic.

(16)  Resolution GFCM/36/2012/1 on guidelines on Allocated Zones for Aquaculture (AZA), adopted at the 36th meeting of the GFCM (May 2012).

(17)  Facility for Euro-Mediterranean Investment and Partnership.

(18)  ‘Maritime districts’ were set up to improve cooperation between central and regional government in developing and providing support for the fisheries and aquaculture sector and to promote partnership with fishermen and fisheries sector operators.

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/37 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/37

---

P7_TA(2013)0347

More efficient and cost-effective interpretation in the European Parliament

European Parliament resolution of 10 September 2013 on ‘Towards more efficient and cost effective interpretation in the European Parliament’ (2011/2287(INI))

(2016/C 093/05)

The European Parliament,

| — | having regard to Article 286 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 286 of the Treaty on the Functioning of the European Union,

| — | having regard to its resolution of 5 September 2006 on the Court of Auditors’ Special Report No 5/2005 on interpretation expenditure incurred by Parliament, the Commission and the Council (1), |
| --- | --- |

—

having regard to its resolution of 5 September 2006 on the Court of Auditors’ Special Report No 5/2005 on interpretation expenditure incurred by Parliament, the Commission and the Council (1),

| — | having regard to the European Court of Auditors’ Special Report No 5/2005 entitled ‘Interpretation expenditure incurred by the Parliament, the Commission and the Council’, together with the institutions’ replies (2), |
| --- | --- |

—

having regard to the European Court of Auditors’ Special Report No 5/2005 entitled ‘Interpretation expenditure incurred by the Parliament, the Commission and the Council’, together with the institutions’ replies (2),

| — | having regard to the note to the members of the Bureau entitled ‘Resource-efficient full multilingualism in interpretation — implementation of the decision on the European Parliament’s budget 2012’, |
| --- | --- |

—

having regard to the note to the members of the Bureau entitled ‘Resource-efficient full multilingualism in interpretation — implementation of the decision on the European Parliament’s budget 2012’,

| — | having regard to the report by the Secretary-General of the European Parliament of 9 April 2013 entitled ‘Preparing for Complexity: European Parliament in 2025 — The Answers’, |
| --- | --- |

—

having regard to the report by the Secretary-General of the European Parliament of 9 April 2013 entitled ‘Preparing for Complexity: European Parliament in 2025 — The Answers’,

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgetary Control (A7-0233/2013), |
| --- | --- |

—

having regard to the report of the Committee on Budgetary Control (A7-0233/2013),

| A. | whereas multilingualism is one of the key elements of the European Parliament, and of the Union as a whole, and whereas it ensures respect for cultural and linguistic diversity as well as equal treatment of EU citizens with different origins and backgrounds; |
| --- | --- |

A.

whereas multilingualism is one of the key elements of the European Parliament, and of the Union as a whole, and whereas it ensures respect for cultural and linguistic diversity as well as equal treatment of EU citizens with different origins and backgrounds;

| B. | whereas the principle of multilingualism in the European Parliament is the foundation of the institution’s political, co-legislative and communication work; |
| --- | --- |

B.

whereas the principle of multilingualism in the European Parliament is the foundation of the institution’s political, co-legislative and communication work;

| C. | whereas the principle of multilingualism in the European Parliament guards against unnecessary obstruction of the right of European citizens to stand for election to the European Parliament; |
| --- | --- |

C.

whereas the principle of multilingualism in the European Parliament guards against unnecessary obstruction of the right of European citizens to stand for election to the European Parliament;

| D. | whereas multilingualism guarantees the right of citizens to communicate with Parliament in any of the EU’s official languages, thus enabling them to exercise their right of democratic scrutiny; |
| --- | --- |

D.

whereas multilingualism guarantees the right of citizens to communicate with Parliament in any of the EU’s official languages, thus enabling them to exercise their right of democratic scrutiny;

| E. | whereas Parliament’s linguistic services facilitate communication and, in so doing, make sure that Parliament remains open to all of Europe’s citizens, ensuring transparency within the Union’s unique multilingual structure based on 24 official languages; |
| --- | --- |

E.

whereas Parliament’s linguistic services facilitate communication and, in so doing, make sure that Parliament remains open to all of Europe’s citizens, ensuring transparency within the Union’s unique multilingual structure based on 24 official languages;

| F. | whereas Parliament’s Rules of Procedure stipulate that Members may speak in the official language of their choice and that interpretation into the other official languages will be provided, thus respecting the democratic right to be elected to the European Parliament irrespective of one’s language skills; |
| --- | --- |

F.

whereas Parliament’s Rules of Procedure stipulate that Members may speak in the official language of their choice and that interpretation into the other official languages will be provided, thus respecting the democratic right to be elected to the European Parliament irrespective of one’s language skills;

| G. | whereas, as a result of successive enlargements, the challenge of multilingualism has reached a completely new dimension in terms of size, complexity and policy relevance, and whereas extensive multilingualism translates, naturally, into major and increasing costs for Parliament and therefore for the Union’s citizens; |
| --- | --- |

G.

whereas, as a result of successive enlargements, the challenge of multilingualism has reached a completely new dimension in terms of size, complexity and policy relevance, and whereas extensive multilingualism translates, naturally, into major and increasing costs for Parliament and therefore for the Union’s citizens;

| H. | whereas, with regard to Parliament’s 2012 budget, considerable savings, including a reduction of EUR 10 million per year in the costs of interpretation services, were necessary in order to limit the budget’s growth to 1,9 % compared with the previous year; |
| --- | --- |

H.

whereas, with regard to Parliament’s 2012 budget, considerable savings, including a reduction of EUR 10 million per year in the costs of interpretation services, were necessary in order to limit the budget’s growth to 1,9 % compared with the previous year;

Interpretation framework in the European Parliament

| 1. | Acknowledges that the European Union is the only entity in the world running an official policy of multilingualism based on 24 official languages, with a total of 552 language combinations to be covered; welcomes, in this connection, the very high quality of Parliament’s interpretation services, but believes that ways of reducing the burden entailed by the complex structure of multilingualism and its considerable and increasing costs should be sought; |
| --- | --- |

1.

Acknowledges that the European Union is the only entity in the world running an official policy of multilingualism based on 24 official languages, with a total of 552 language combinations to be covered; welcomes, in this connection, the very high quality of Parliament’s interpretation services, but believes that ways of reducing the burden entailed by the complex structure of multilingualism and its considerable and increasing costs should be sought;

| 2. | Notes that, of all the languages spoken in plenary in Strasbourg and Brussels from September 2009 to February 2013, English was used for 26 979 minutes (29,1 %), German for 12 556 minutes (13,6 %), French for 8 841 minutes (9,5 %), Estonian for 109 minutes (0,1 %) and Maltese for 195 minutes (0,2 %); |
| --- | --- |

2.

Notes that, of all the languages spoken in plenary in Strasbourg and Brussels from September 2009 to February 2013, English was used for 26 979 minutes (29,1 %), German for 12 556 minutes (13,6 %), French for 8 841 minutes (9,5 %), Estonian for 109 minutes (0,1 %) and Maltese for 195 minutes (0,2 %);

| 3. | Stresses that both plenary sittings and committee meetings can be publicly accessed by all through webstreaming or video on demand — new media which are increasing the transparency of European Parliament activities for EU citizens — and that their availability in all official languages highlights the democratic and multicultural nature of Parliament; |
| --- | --- |

3.

Stresses that both plenary sittings and committee meetings can be publicly accessed by all through webstreaming or video on demand — new media which are increasing the transparency of European Parliament activities for EU citizens — and that their availability in all official languages highlights the democratic and multicultural nature of Parliament;

| 4. | Notes that some multinational bodies, such as the United Nations and the North Atlantic Treaty Organisation, operate only at intergovernmental level with no legislative function; points out in this connection that the UN, with 192 members, has a language regime with six official languages, and that NATO, with 28 members, uses mainly English, despite having two official languages; |
| --- | --- |

4.

Notes that some multinational bodies, such as the United Nations and the North Atlantic Treaty Organisation, operate only at intergovernmental level with no legislative function; points out in this connection that the UN, with 192 members, has a language regime with six official languages, and that NATO, with 28 members, uses mainly English, despite having two official languages;

| 5. | Stresses, however, that Parliament is a directly elected political body whose Members are elected regardless of their language skills; reaffirms, therefore, the right of every Member to speak in the official language of their choice, as a key principle of Parliament’s operating arrangements; |
| --- | --- |

5.

Stresses, however, that Parliament is a directly elected political body whose Members are elected regardless of their language skills; reaffirms, therefore, the right of every Member to speak in the official language of their choice, as a key principle of Parliament’s operating arrangements;

| 6. | Notes that the practical implications of the use of official languages in the European Parliament are set out in its Code of Conduct on Multilingualism, updated in 2008; notes the fact that the concept of ‘controlled full multilingualism’ laid down in that Code maintains equality among Members and citizens; points out that the implementation of full multilingualism, while based on the principle of ‘interpretation on demand’, will in the long term be contingent upon making users of language services fully aware of the costs of providing those services, and hence of their responsibility to make the best possible use of them; |
| --- | --- |

6.

Notes that the practical implications of the use of official languages in the European Parliament are set out in its Code of Conduct on Multilingualism, updated in 2008; notes the fact that the concept of ‘controlled full multilingualism’ laid down in that Code maintains equality among Members and citizens; points out that the implementation of full multilingualism, while based on the principle of ‘interpretation on demand’, will in the long term be contingent upon making users of language services fully aware of the costs of providing those services, and hence of their responsibility to make the best possible use of them;

| 7. | Believes that the principle of sound financial management needs to apply to interpretation as well, and that, with a view to ensuring the best value for money for European taxpayers, critical analysis should continually be undertaken to assess where and how efficiency can be improved, and costs controlled or limited; |
| --- | --- |

7.

Believes that the principle of sound financial management needs to apply to interpretation as well, and that, with a view to ensuring the best value for money for European taxpayers, critical analysis should continually be undertaken to assess where and how efficiency can be improved, and costs controlled or limited;

Efficient use of interpretation resources

| 8. | Notes the decision on ‘Resource-efficient full multilingualism in interpretation’ taken by Parliament’s Bureau in 2011, which increases the efficiency of interpretation services and reduces their structural costs in the following ways:






  (i) | matching the needs arising from travel by Parliament delegations with the financial and human resources available, |
| --- | --- | --- |

8.

Notes the decision on ‘Resource-efficient full multilingualism in interpretation’ taken by Parliament’s Bureau in 2011, which increases the efficiency of interpretation services and reduces their structural costs in the following ways:

(i)

matching the needs arising from travel by Parliament delegations with the financial and human resources available,

| (ii) | giving priority to interpretation for trilogues during committee weeks, |
| --- | --- |

(ii)

giving priority to interpretation for trilogues during committee weeks,

| (iii) | spreading committee meetings more evenly over the week, |
| --- | --- |

(iii)

spreading committee meetings more evenly over the week,

| (iv) | applying the rules on the duration of evening meetings more stringently; |
| --- | --- |

(iv)

applying the rules on the duration of evening meetings more stringently;

| 9. | Welcomes the fact that, as a result, the budgetary resources devoted to interpretation services in Parliament have started to decrease; points out that in 2010 the budget outturn figure was EUR 54 990 000, that in 2011 it was EUR 56 964 283 and that it currently stands at EUR 47 000 000 for 2012, although the final outturn for 2012 will not be known until 31 December 2013 and may be higher; |
| --- | --- |

9.

Welcomes the fact that, as a result, the budgetary resources devoted to interpretation services in Parliament have started to decrease; points out that in 2010 the budget outturn figure was EUR 54 990 000, that in 2011 it was EUR 56 964 283 and that it currently stands at EUR 47 000 000 for 2012, although the final outturn for 2012 will not be known until 31 December 2013 and may be higher;

| 10. | Notes that the estimated 2013 budget figure for the interpretation DG is EUR 58 000 000, of which EUR 53 000 000 is directly linked to interpretation services; asks to be informed in detail and on a regular basis about the concrete results of the ‘Resource-efficient full multilingualism’ initiative as regards the 2013 budget, in particular in terms of expected cost reductions or increases; |
| --- | --- |

10.

Notes that the estimated 2013 budget figure for the interpretation DG is EUR 58 000 000, of which EUR 53 000 000 is directly linked to interpretation services; asks to be informed in detail and on a regular basis about the concrete results of the ‘Resource-efficient full multilingualism’ initiative as regards the 2013 budget, in particular in terms of expected cost reductions or increases;

| 11. | Notes, furthermore, that while Parliament’s interpretation services cost EUR 157 954 283 in the three year-period leading up to the end of 2012, a reduction of 17 % was achieved when comparing the budgetary outturn figures for 2010 and 2012; notes that the smart savings achieved in interpretation services did not jeopardise the principle of multilingualism and insists that equal access to language services needs to be ensured for Members and that proper working conditions need to be upheld for the services concerned; |
| --- | --- |

11.

Notes, furthermore, that while Parliament’s interpretation services cost EUR 157 954 283 in the three year-period leading up to the end of 2012, a reduction of 17 % was achieved when comparing the budgetary outturn figures for 2010 and 2012; notes that the smart savings achieved in interpretation services did not jeopardise the principle of multilingualism and insists that equal access to language services needs to be ensured for Members and that proper working conditions need to be upheld for the services concerned;

| 12. | Welcomes the fact that Parliament’s estimates of revenue and expenditure for the financial year 2014 propose reducing interpretation costs by 23 % during an election year, compared with the 2013 budget figure of EUR 58 000 000; asks for detailed information proving that the proposed cuts are feasible and that the excellent quality of interpretation can be maintained; |
| --- | --- |

12.

Welcomes the fact that Parliament’s estimates of revenue and expenditure for the financial year 2014 propose reducing interpretation costs by 23 % during an election year, compared with the 2013 budget figure of EUR 58 000 000; asks for detailed information proving that the proposed cuts are feasible and that the excellent quality of interpretation can be maintained;

| 13. | Emphasises that the implementation of ‘resource-efficient full multilingualism’ has led to considerable gains being made through a more even spread of committee meetings during the week, without any reduction in the overall number of committee meetings; notes that, as a result, the total number of interpreter days decreased from 105 258 (EUR 107 047 386) in 2011 to 97 793 (EUR 100 237 825) in 2012, leading to savings of EUR 6 809 561; |
| --- | --- |

13.

Emphasises that the implementation of ‘resource-efficient full multilingualism’ has led to considerable gains being made through a more even spread of committee meetings during the week, without any reduction in the overall number of committee meetings; notes that, as a result, the total number of interpreter days decreased from 105 258 (EUR 107 047 386) in 2011 to 97 793 (EUR 100 237 825) in 2012, leading to savings of EUR 6 809 561;

| 14. | Notes with concern that, according to the reports on the Code of Conduct on Multilingualism, requests for interpretation services originating from committees, delegations and political groups were still affected by a high and growing level of late cancellations, as illustrated by the following figures:










  Committees | 2009 | 2010 | 2011 | 2012 |
| --- | --- | --- | --- | --- | --- |
| Requests | 984 | 1 712 | 2 213 | 2 448 |
| Late cancellations | 76 | 172 | 238 | 359 |
| % | 7,72  % | 10,05  % | 10,80  % | 14,70  % |

14.

Notes with concern that, according to the reports on the Code of Conduct on Multilingualism, requests for interpretation services originating from committees, delegations and political groups were still affected by a high and growing level of late cancellations, as illustrated by the following figures:

Committees

2009

2010

2011

2012

Requests

984

1 712

2 213

2 448

Late cancellations

76

172

238

359

%

7,72  %

10,05  %

10,80  %

14,70  %

| Delegations | 2009 | 2010 | 2011 | 2012 |
| --- | --- | --- | --- | --- |
| Requests | 624 | 813 | 836 | 832 |
| Late cancellations | 116 | 93 | 102 | 171 |
| % | 18,59  % | 11,44  % | 12,20  % | 20,60  % |

Delegations

2009

2010

2011

2012

Requests

624

813

836

832

Late cancellations

116

93

102

171

%

18,59  %

11,44  %

12,20  %

20,60  %

| Political groups | 2009 | 2010 | 2011 | 2012 |
| --- | --- | --- | --- | --- |
| Requests | 1 922 | 2 310 | 2 297 | 2 146 |
| Late cancellations | 285 | 378 | 266 | 292 |
| % | 14,83  % | 16,36  % | 11,60  % | 13,60  % |

Political groups

2009

2010

2011

2012

Requests

1 922

2 310

2 297

2 146

Late cancellations

285

378

266

292

%

14,83  %

16,36  %

11,60  %

13,60  %

| 15. | Notes with concern that the potential costs incurred as a result of these late cancellations would represent, without last-minute redeployment of some interpreters, a substantial proportion of the overall interpretation budget; notes in this connection that in 2011 EUR 4 350 000 (7,6 % of the interpretation budget) and in 2012 EUR 5 480 000 (11,9 % of the interpretation budget) would have been spent on interpretation services made available and then cancelled outside the deadlines foreseen in the Code of Conduct on Multilingualism; calls on the Bureau to provide the Committee on Budgetary Control with a detailed analysis of the growing trend in late cancellations and to introduce a mechanism to increase awareness of the lost resources due to late cancellations and to significantly reduce the number and percentage of such cancellations; |
| --- | --- |

15.

Notes with concern that the potential costs incurred as a result of these late cancellations would represent, without last-minute redeployment of some interpreters, a substantial proportion of the overall interpretation budget; notes in this connection that in 2011 EUR 4 350 000 (7,6 % of the interpretation budget) and in 2012 EUR 5 480 000 (11,9 % of the interpretation budget) would have been spent on interpretation services made available and then cancelled outside the deadlines foreseen in the Code of Conduct on Multilingualism; calls on the Bureau to provide the Committee on Budgetary Control with a detailed analysis of the growing trend in late cancellations and to introduce a mechanism to increase awareness of the lost resources due to late cancellations and to significantly reduce the number and percentage of such cancellations;

| 16. | Reiterates that, while maintaining a high standard of work, it is also necessary to make more efficient use of language resources and to control their costs by looking at the overall workload for each language section and ensuring that the costs generated by the late cancellation of meeting requests and delegation visits with interpretation, in contravention of the deadlines laid down in the Code of Conduct, are reduced; insists that committees, delegations and political groups should be made aware of the rules laid down in the Code of Conduct; |
| --- | --- |

16.

Reiterates that, while maintaining a high standard of work, it is also necessary to make more efficient use of language resources and to control their costs by looking at the overall workload for each language section and ensuring that the costs generated by the late cancellation of meeting requests and delegation visits with interpretation, in contravention of the deadlines laid down in the Code of Conduct, are reduced; insists that committees, delegations and political groups should be made aware of the rules laid down in the Code of Conduct;

| 17. | Calls on the Bureau to develop a system with further measures to combat late cancellations of interpreter bookings; |
| --- | --- |

17.

Calls on the Bureau to develop a system with further measures to combat late cancellations of interpreter bookings;

| 18. | Calls on the administration to make full and efficient use of Members’ updated language profiles when making language arrangements for committees, delegations and political groups both in and outside the places of work; insists that all Members’ language profiles should be updated every year; points out, in addition, that a copy of the updated profiles should be forwarded to the secretariats of the committees, delegations, political groups and working groups; |
| --- | --- |

18.

Calls on the administration to make full and efficient use of Members’ updated language profiles when making language arrangements for committees, delegations and political groups both in and outside the places of work; insists that all Members’ language profiles should be updated every year; points out, in addition, that a copy of the updated profiles should be forwarded to the secretariats of the committees, delegations, political groups and working groups;

| 19. | Insists that, with due regard for the decision of Parliament’s Bureau of December 2011 on ‘Resource-efficient full multilingualism’, interpretation into an official language during a delegation visit should be provided only on the explicit written request of a participating Member of the European Parliament; stresses that during a delegation visit the number of interpreters should be kept to the absolute minimum in compliance with the applicable rules; |
| --- | --- |

19.

Insists that, with due regard for the decision of Parliament’s Bureau of December 2011 on ‘Resource-efficient full multilingualism’, interpretation into an official language during a delegation visit should be provided only on the explicit written request of a participating Member of the European Parliament; stresses that during a delegation visit the number of interpreters should be kept to the absolute minimum in compliance with the applicable rules;

| 20. | Recalls the proposal by the Secretary-General to introduce measures to raise awareness among users of interpretation services, including committees, delegations and political groups, and awaits further detailed proposals to improve awareness of the cost of late cancellations; |
| --- | --- |

20.

Recalls the proposal by the Secretary-General to introduce measures to raise awareness among users of interpretation services, including committees, delegations and political groups, and awaits further detailed proposals to improve awareness of the cost of late cancellations;

| 21. | Calls on the administration to continue having the head of the team of interpreters draw up a list of interpretation facilities requested but not used at the end of each meeting and in agreement with the secretariat of that meeting; notes that a copy of that list should be forwarded to the secretariat of the meeting concerned; considers that the list should also take account of those using webstreaming or video on demand; |
| --- | --- |

21.

Calls on the administration to continue having the head of the team of interpreters draw up a list of interpretation facilities requested but not used at the end of each meeting and in agreement with the secretariat of that meeting; notes that a copy of that list should be forwarded to the secretariat of the meeting concerned; considers that the list should also take account of those using webstreaming or video on demand;

| 22. | Takes note of the new Interpretation ad personam (IAP) service offered to Members and established following the pilot project which started in 2010; notes that this new service entailed costs of EUR 157 000 in 2011 and EUR 115 000 in 2012; believes that the service should be reviewed in order to look for ways to improve it; |
| --- | --- |

22.

Takes note of the new Interpretation ad personam (IAP) service offered to Members and established following the pilot project which started in 2010; notes that this new service entailed costs of EUR 157 000 in 2011 and EUR 115 000 in 2012; believes that the service should be reviewed in order to look for ways to improve it;

Interpretation in the European Parliament: the way forward

| 23. | Welcomes the fact that the interpretation services have achieved efficiency gains and cost reductions in recent years while maintaining an excellent quality of work; emphasises that interpretation and translation expenditure continues to take up a significant proportion of Parliament’s budget and therefore believes that the challenge of multilingualism at reasonable costs requires Parliament’s continual attention; |
| --- | --- |

23.

Welcomes the fact that the interpretation services have achieved efficiency gains and cost reductions in recent years while maintaining an excellent quality of work; emphasises that interpretation and translation expenditure continues to take up a significant proportion of Parliament’s budget and therefore believes that the challenge of multilingualism at reasonable costs requires Parliament’s continual attention;

| 24. | Believes that the Committee on Budgetary Control should be informed regularly about changes in the cost of interpretation; calls for the annual Code of Conduct report prepared by the interpretation services and sent to the Secretary-General to be made public to members of the committee; |
| --- | --- |

24.

Believes that the Committee on Budgetary Control should be informed regularly about changes in the cost of interpretation; calls for the annual Code of Conduct report prepared by the interpretation services and sent to the Secretary-General to be made public to members of the committee;

| 25. | Takes the view that situations in which interpretation into certain languages is offered without being used should be avoided as far as possible; stresses the need for measures to reduce the costs of unneeded interpretation at meetings, and calls, therefore, for the development and urgent implementation of a system that prevents situations in which interpretation is made available into languages that are not actually spoken at a given meeting or requested by webstream users; |
| --- | --- |

25.

Takes the view that situations in which interpretation into certain languages is offered without being used should be avoided as far as possible; stresses the need for measures to reduce the costs of unneeded interpretation at meetings, and calls, therefore, for the development and urgent implementation of a system that prevents situations in which interpretation is made available into languages that are not actually spoken at a given meeting or requested by webstream users;

| 26. | Expects the Secretary-General to present, by the end of the year, a detailed analysis of the interpretation languages provided for all (working) group, committee and delegation meetings and of the languages actually spoken at these meetings, as well as an overview of the derogations from the general interpretation rules adopted by the Bureau on 12 March 2012 (3) which are requested by and granted to delegation visits; |
| --- | --- |

26.

Expects the Secretary-General to present, by the end of the year, a detailed analysis of the interpretation languages provided for all (working) group, committee and delegation meetings and of the languages actually spoken at these meetings, as well as an overview of the derogations from the general interpretation rules adopted by the Bureau on 12 March 2012 (3) which are requested by and granted to delegation visits;

| 27. | Calls on the Bureau to adopt a further decision on multilingualism by the end of the year, dealing specifically with possible scenarios for ‘interpretation on demand’ and the efficiency gains expected to be achieved as a result; |
| --- | --- |

27.

Calls on the Bureau to adopt a further decision on multilingualism by the end of the year, dealing specifically with possible scenarios for ‘interpretation on demand’ and the efficiency gains expected to be achieved as a result;

| 28. | Asks the Court of Auditors, therefore, to provide Parliament, within a reasonable time frame and at the latest by March 2014, with a special report on the interpretation and translation expenditure incurred by Parliament, the Commission and the Council, assessing the soundness of the financial management involved and updating the findings made in its Special Report No 5/2005; notes, furthermore, that this report could be produced periodically and used for the discharge procedure; reiterates that the report should provide information on whether the institutions involved have adequate tools and procedures to ensure that:






  — | the services provided do not exceed the real needs, |
| --- | --- | --- |

28.

Asks the Court of Auditors, therefore, to provide Parliament, within a reasonable time frame and at the latest by March 2014, with a special report on the interpretation and translation expenditure incurred by Parliament, the Commission and the Council, assessing the soundness of the financial management involved and updating the findings made in its Special Report No 5/2005; notes, furthermore, that this report could be produced periodically and used for the discharge procedure; reiterates that the report should provide information on whether the institutions involved have adequate tools and procedures to ensure that:

—

the services provided do not exceed the real needs,

| — | all the services needed can be provided, |
| --- | --- |

—

all the services needed can be provided,

| — | the services are provided at the lowest possible cost, |
| --- | --- |

—

the services are provided at the lowest possible cost,

| — | the services provided are of high quality; |
| --- | --- |

—

the services provided are of high quality;

| 29. | Notes also that this follow-up report should carefully compare the cost-effectiveness of Parliament’s interpretation services with that of the interpretation services provided by the Council and the Commission, and compare the actual costs of the three institutions’ interpretation services with those recorded in the audit reference period; |
| --- | --- |

29.

Notes also that this follow-up report should carefully compare the cost-effectiveness of Parliament’s interpretation services with that of the interpretation services provided by the Council and the Commission, and compare the actual costs of the three institutions’ interpretation services with those recorded in the audit reference period;

| 30. | Insists, furthermore, that Parliament address, as a matter of priority, the considerable number of late cancellations and invites the Bureau to present a detailed action plan for reducing it; |
| --- | --- |

30.

Insists, furthermore, that Parliament address, as a matter of priority, the considerable number of late cancellations and invites the Bureau to present a detailed action plan for reducing it;

| 31. | Reiterates that interinstitutional cooperation is essential in order to exchange best practices that promote effectiveness and allow savings to be made; considers that interinstitutional cooperation should be improved as regards interpretation; calls for a thorough review to be carried out, with priority being given to more effective sharing of available resources among all the institutions and concrete measures in the area of freelance interpretation; |
| --- | --- |

31.

Reiterates that interinstitutional cooperation is essential in order to exchange best practices that promote effectiveness and allow savings to be made; considers that interinstitutional cooperation should be improved as regards interpretation; calls for a thorough review to be carried out, with priority being given to more effective sharing of available resources among all the institutions and concrete measures in the area of freelance interpretation;

| 32. | Stresses the importance of software applications as management instruments and insists that more funding be allocated for this purpose in next year’s budget; notes that a higher level of efficiency can be obtained if Parliament’s administrative services are provided with appropriate management information; considers it regrettable that certain DGs are still lagging behind in terms of the software applications available, despite improvements in the IT sector since 2010; |
| --- | --- |

32.

Stresses the importance of software applications as management instruments and insists that more funding be allocated for this purpose in next year’s budget; notes that a higher level of efficiency can be obtained if Parliament’s administrative services are provided with appropriate management information; considers it regrettable that certain DGs are still lagging behind in terms of the software applications available, despite improvements in the IT sector since 2010;

| 33. | Calls on its relevant services to assess whether the considerable efficiency gains made in the area of interpretation can serve as an example for improvement within other DGs; |
| --- | --- |

33.

Calls on its relevant services to assess whether the considerable efficiency gains made in the area of interpretation can serve as an example for improvement within other DGs;

*

- *

| 34. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

34.

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

---

(1)  OJ C 305 E, 14.12.2006, p. 67.

(2)  OJ C 291, 23.11.2005, p. 1.

(3)  It was decided specifically that, while delegations would continue to benefit from the full interpretation entitlement of up to five languages — as laid down in the Code of Conduct on Multilingualism — during weeks set aside for external parliamentary activities (green weeks), delegations requiring derogations for travel during committee weeks would only be provided with a limited language regime not exceeding interpretation into one language.

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/42 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/42

---

P7_TA(2013)0348

Online gambling in the internal market

European Parliament resolution of 10 September 2013 on online gambling in the internal market (2012/2322(INI))

(2016/C 093/06)

The European Parliament,

| — | having regard to the Commission communication of 23 October 2012 entitled ‘Towards a comprehensive European framework for online gambling’ (COM(2012)0596), |
| --- | --- |

—

having regard to the Commission communication of 23 October 2012 entitled ‘Towards a comprehensive European framework for online gambling’ (COM(2012)0596),

| — | having regard to the Commission communication of 18 January 2011 entitled ‘Developing the European Dimension in Sport’ (COM(2011)0012), |
| --- | --- |

—

having regard to the Commission communication of 18 January 2011 entitled ‘Developing the European Dimension in Sport’ (COM(2011)0012),

| — | having regard to its resolution of 14 March 2013 on match-fixing and corruption in sports (1), |
| --- | --- |

—

having regard to its resolution of 14 March 2013 on match-fixing and corruption in sports (1),

| — | having regard to its resolution of 2 February 2012 on the European dimension in sport (2), |
| --- | --- |

—

having regard to its resolution of 2 February 2012 on the European dimension in sport (2),

| — | having regard to its resolution of 15 November 2011 on online gambling in the internal market (3), |
| --- | --- |

—

having regard to its resolution of 15 November 2011 on online gambling in the internal market (3),

| — | having regard to its resolution of 10 March 2009 on the integrity of online gambling (4), |
| --- | --- |

—

having regard to its resolution of 10 March 2009 on the integrity of online gambling (4),

| — | having regard to the Nicosia Declaration of 20 September 2012 on the Fight Against Match-Fixing, |
| --- | --- |

—

having regard to the Nicosia Declaration of 20 September 2012 on the Fight Against Match-Fixing,

| — | having regard to the Council conclusions of 10 December 2010 and the progress reports of the French, Swedish, Spanish and Hungarian Presidencies on the framework for gambling and betting in the EU Member States, |
| --- | --- |

—

having regard to the Council conclusions of 10 December 2010 and the progress reports of the French, Swedish, Spanish and Hungarian Presidencies on the framework for gambling and betting in the EU Member States,

| — | having regard to the preparatory action entitled ‘European Partnerships on Sport’ and, in particular, to the assembling of projects focusing on the prevention of match-fixing incidents through the provision of education and information to relevant stakeholders, |
| --- | --- |

—

having regard to the preparatory action entitled ‘European Partnerships on Sport’ and, in particular, to the assembling of projects focusing on the prevention of match-fixing incidents through the provision of education and information to relevant stakeholders,

| — | having regard to Articles 51, 52 and 56 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 51, 52 and 56 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the Protocol on the application of the principles of subsidiarity and proportionality annexed to the TFEU, |
| --- | --- |

—

having regard to the Protocol on the application of the principles of subsidiarity and proportionality annexed to the TFEU,

| — | having regard to the case-law developed by the Court of Justice of the European Union, whereby in the specific area of the organisation of games of chance, the Court notably recognizes consumer protection, the prevention of both fraud and incitement to squander on gaming, as well as the general need to preserve public order as reasons of overriding general interest that may justify restrictions on the freedom to provide services (5), |
| --- | --- |

—

having regard to the case-law developed by the Court of Justice of the European Union, whereby in the specific area of the organisation of games of chance, the Court notably recognizes consumer protection, the prevention of both fraud and incitement to squander on gaming, as well as the general need to preserve public order as reasons of overriding general interest that may justify restrictions on the freedom to provide services (5),

| — | having regard to the opinion of the European Economic and Social Committee of 22 May 2012, |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 22 May 2012,

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Culture and Education and the Committee on Legal Affairs (A7-0218/2013), |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Culture and Education and the Committee on Legal Affairs (A7-0218/2013),

| A. | whereas gambling is not an ordinary economic activity given its potentially negative health and social impacts, which include: compulsive gambling, the consequences and costs of which are difficult to estimate; organised crime; money laundering; and match-fixing; whereas online gambling may involve a greater risk of addiction than traditional offline gambling, owing, inter alia, to the increased ease of access and the absence of social control, but additional research and data is needed in this regard; notes that, on these grounds, certain internal market rules — including the freedom of establishment, the freedom to provide services and the principle of mutual recognition — do not preclude Member States from determining their own additional measures for the protection of players; |
| --- | --- |

A.

whereas gambling is not an ordinary economic activity given its potentially negative health and social impacts, which include: compulsive gambling, the consequences and costs of which are difficult to estimate; organised crime; money laundering; and match-fixing; whereas online gambling may involve a greater risk of addiction than traditional offline gambling, owing, inter alia, to the increased ease of access and the absence of social control, but additional research and data is needed in this regard; notes that, on these grounds, certain internal market rules — including the freedom of establishment, the freedom to provide services and the principle of mutual recognition — do not preclude Member States from determining their own additional measures for the protection of players;

| B. | whereas Article 35 of the Charter of Fundamental Rights of the European Union establishes the obligation to protect human health in the definition and implementation of all the Union's policies and activities; |
| --- | --- |

B.

whereas Article 35 of the Charter of Fundamental Rights of the European Union establishes the obligation to protect human health in the definition and implementation of all the Union's policies and activities;

| C. | whereas Article 169 of the TFEU obliges the EU to ensure a high level of consumer protection; |
| --- | --- |

C.

whereas Article 169 of the TFEU obliges the EU to ensure a high level of consumer protection;

| D. | whereas, given the special nature of the online gambling sector, the protection of human health and consumers should be the main guiding principle when EU-level recommendations and national legislation are made; |
| --- | --- |

D.

whereas, given the special nature of the online gambling sector, the protection of human health and consumers should be the main guiding principle when EU-level recommendations and national legislation are made;

| E. | whereas, with due regard to the principle of subsidiarity, Member States have the right to determine how the offer of online gambling services is organised and regulated in accordance with their own values and pursued objectives of general interest, while observing Union law; |
| --- | --- |

E.

whereas, with due regard to the principle of subsidiarity, Member States have the right to determine how the offer of online gambling services is organised and regulated in accordance with their own values and pursued objectives of general interest, while observing Union law;

| F. | whereas, because of its specific nature and in application of the subsidiarity principle, the supply of online gambling services is not subject to sector-specific regulation at EU level and is exempted from the services and consumer rights directives, remaining — nevertheless — subject to a number of EU secondary legislative acts, such as the data protection directive, the directive on privacy and electronic communication and the unfair commercial practices directive; |
| --- | --- |

F.

whereas, because of its specific nature and in application of the subsidiarity principle, the supply of online gambling services is not subject to sector-specific regulation at EU level and is exempted from the services and consumer rights directives, remaining — nevertheless — subject to a number of EU secondary legislative acts, such as the data protection directive, the directive on privacy and electronic communication and the unfair commercial practices directive;

| G. | whereas the online gambling sector differs from other markets on account of the risks involved in terms of consumer protection and the fight against organised crime, as repeatedly acknowledged by the Court of Justice of the European Union; |
| --- | --- |

G.

whereas the online gambling sector differs from other markets on account of the risks involved in terms of consumer protection and the fight against organised crime, as repeatedly acknowledged by the Court of Justice of the European Union;

| H. | whereas the Court of Justice has confirmed that the provision of games of chance or gambling is an economic activity of a special nature, where restrictions may be justified for reasons of overriding general interest such as consumer protection, fraud prevention, the fight against money laundering and the preservation of public order and public health; whereas any restrictions imposed thereto need to comply with those provided for by the TFEU, such that they must be proportionate to the objectives pursued and must not be discriminatory; |
| --- | --- |

H.

whereas the Court of Justice has confirmed that the provision of games of chance or gambling is an economic activity of a special nature, where restrictions may be justified for reasons of overriding general interest such as consumer protection, fraud prevention, the fight against money laundering and the preservation of public order and public health; whereas any restrictions imposed thereto need to comply with those provided for by the TFEU, such that they must be proportionate to the objectives pursued and must not be discriminatory;

| I. | whereas, now more than ever, the Member States share common general concerns as to the negative social and economic impact of illegal online gambling at national level, their principal objectives being to protect underage and vulnerable members of society and combat addiction, crime and tax evasion; |
| --- | --- |

I.

whereas, now more than ever, the Member States share common general concerns as to the negative social and economic impact of illegal online gambling at national level, their principal objectives being to protect underage and vulnerable members of society and combat addiction, crime and tax evasion;

| J. | whereas the cross-border nature of online gambling, the risks involved in terms of consumer protection, fraud prevention and law enforcement against illegal activities, such as money laundering and match -fixing, as well as the need to combat illegal gambling-related activities, require better-coordinated action among Member States and at EU level; |
| --- | --- |

J.

whereas the cross-border nature of online gambling, the risks involved in terms of consumer protection, fraud prevention and law enforcement against illegal activities, such as money laundering and match -fixing, as well as the need to combat illegal gambling-related activities, require better-coordinated action among Member States and at EU level;

| K. | whereas it is essential to introduce mechanisms for scrutinising sports competitions and financial flows, along with supervisory mechanisms; |
| --- | --- |

K.

whereas it is essential to introduce mechanisms for scrutinising sports competitions and financial flows, along with supervisory mechanisms;

| L. | whereas a comprehensive overview of the online gambling sector, in terms of information and data regarding domestic and cross-border, intra-EU and global, authorised and unauthorised offer, is currently needed; |
| --- | --- |

L.

whereas a comprehensive overview of the online gambling sector, in terms of information and data regarding domestic and cross-border, intra-EU and global, authorised and unauthorised offer, is currently needed;

| M. | whereas the form taken by advertising for online gambling varies between the Member States or is not regulated at all; |
| --- | --- |

M.

whereas the form taken by advertising for online gambling varies between the Member States or is not regulated at all;

Specific nature of the online gambling sector and consumer protection

| 1. | Considers that, in order to ensure a high level of consumer protection, in particular for those consumers who are the most vulnerable, a fair and legal offer of gambling services defined by each Member State in compliance with Union law might diminish the social costs and harmful effects of gambling activities; |
| --- | --- |

1.

Considers that, in order to ensure a high level of consumer protection, in particular for those consumers who are the most vulnerable, a fair and legal offer of gambling services defined by each Member State in compliance with Union law might diminish the social costs and harmful effects of gambling activities;

| 2. | Warns that gambling can lead to dangerous addiction, which is an issue that would need to be addressed in any legislative proposal for the sake of consumers; |
| --- | --- |

2.

Warns that gambling can lead to dangerous addiction, which is an issue that would need to be addressed in any legislative proposal for the sake of consumers;

| 3. | Calls on the Commission and the Member States to take action against illegal gambling offered from within Member State territories; urges the Commission, in this regard, to call on the Member States to take enforcement measures against offers for illegal gambling in its planned recommendations on consumer protection and advertising; |
| --- | --- |

3.

Calls on the Commission and the Member States to take action against illegal gambling offered from within Member State territories; urges the Commission, in this regard, to call on the Member States to take enforcement measures against offers for illegal gambling in its planned recommendations on consumer protection and advertising;

| 4. | Believes that there is a dangerous link between severe economic hardship and high levels of gambling; stresses that the present, extremely harsh social and economic climate has been instrumental in the huge upsurge in gambling, in particular among the poorest sections of society, and that there is, therefore, a need for close, ongoing monitoring of levels of gambling addiction and problem gambling; |
| --- | --- |

4.

Believes that there is a dangerous link between severe economic hardship and high levels of gambling; stresses that the present, extremely harsh social and economic climate has been instrumental in the huge upsurge in gambling, in particular among the poorest sections of society, and that there is, therefore, a need for close, ongoing monitoring of levels of gambling addiction and problem gambling;

| 5. | Affirms that online gambling is a form of commercial use of sport and that, while the online gambling sector is growing steadily by keeping abreast of technological innovations, Member States face difficulties in controlling it, given the specific nature of the internet, which creates the risk of violations of consumers’ rights and of the sector being subject to investigations in the context of the fight against organised crime; |
| --- | --- |

5.

Affirms that online gambling is a form of commercial use of sport and that, while the online gambling sector is growing steadily by keeping abreast of technological innovations, Member States face difficulties in controlling it, given the specific nature of the internet, which creates the risk of violations of consumers’ rights and of the sector being subject to investigations in the context of the fight against organised crime;

| 6. | Insists that, regardless of the manner in which Member States decide to organise and regulate the offer of online gambling services at national level, a high level of protection of human health and consumers must be ensured; calls on the Commission to continue to explore measures at EU level to protect vulnerable consumers, including formalised cooperation between regulatory authorities in the Member States; stresses that the expert group should ensure that it is impossible for minors to access online gambling services; invites Member States to oblige operators working with a licence from the Member State to carry the logo, trustmark of the regulatory authority in a prominent fixed position on its website; |
| --- | --- |

6.

Insists that, regardless of the manner in which Member States decide to organise and regulate the offer of online gambling services at national level, a high level of protection of human health and consumers must be ensured; calls on the Commission to continue to explore measures at EU level to protect vulnerable consumers, including formalised cooperation between regulatory authorities in the Member States; stresses that the expert group should ensure that it is impossible for minors to access online gambling services; invites Member States to oblige operators working with a licence from the Member State to carry the logo, trustmark of the regulatory authority in a prominent fixed position on its website;

| 7. | Asks the Commission to study what can be done to stop the practice whereby companies based in one Member State market online-gambling services — for example via satellite-TV or advertisement campaigns — in another Member State in which they are not licensed to offer such services; |
| --- | --- |

7.

Asks the Commission to study what can be done to stop the practice whereby companies based in one Member State market online-gambling services — for example via satellite-TV or advertisement campaigns — in another Member State in which they are not licensed to offer such services;

| 8. | Calls for operators to be obliged to display clear, prominent and explicit warnings to minors stating that it is illegal for them to engage in online gambling; |
| --- | --- |

8.

Calls for operators to be obliged to display clear, prominent and explicit warnings to minors stating that it is illegal for them to engage in online gambling;

| 9. | Considers that measures should be taken to ensure that the more vulnerable members of society do not have their subsistence jeopardised even further as a result of gambling; |
| --- | --- |

9.

Considers that measures should be taken to ensure that the more vulnerable members of society do not have their subsistence jeopardised even further as a result of gambling;

| 10. | Believes that additional research and data are needed in order to quantify compulsive gambling and the risks associated with different forms of gambling; calls on all the Member States and the Commission to carry out, in a coordinated manner, further studies to understand problem gambling; notes that gambling operators have a responsibility to contribute towards the prevention of gambling addiction; |
| --- | --- |

10.

Believes that additional research and data are needed in order to quantify compulsive gambling and the risks associated with different forms of gambling; calls on all the Member States and the Commission to carry out, in a coordinated manner, further studies to understand problem gambling; notes that gambling operators have a responsibility to contribute towards the prevention of gambling addiction;

| 11. | Calls on the Commission, in cooperation with the Member States — where appropriate through the expert group — to explore the possibility of EU-wide interoperability between national self-exclusion registers that include, inter alia, self-exclusion, personal loss and time limits, and that are accessible to national authorities and licensed gambling operators, so that any customer self-excluding or surpassing their gambling limits at one gambling operator has the opportunity to be automatically self-excluded from all other licensed gambling operators; underlines the fact that any mechanism to exchange personal information on problem-gamblers must be subject to strict data protection rules; stresses the importance of the expert group in working towards the protection of citizens against gambling addictions; stresses that in order to make consumers aware of their own gambling activity, this register should show the consumer all information pertaining to her/his gambling history whenever she/he starts to play; |
| --- | --- |

11.

Calls on the Commission, in cooperation with the Member States — where appropriate through the expert group — to explore the possibility of EU-wide interoperability between national self-exclusion registers that include, inter alia, self-exclusion, personal loss and time limits, and that are accessible to national authorities and licensed gambling operators, so that any customer self-excluding or surpassing their gambling limits at one gambling operator has the opportunity to be automatically self-excluded from all other licensed gambling operators; underlines the fact that any mechanism to exchange personal information on problem-gamblers must be subject to strict data protection rules; stresses the importance of the expert group in working towards the protection of citizens against gambling addictions; stresses that in order to make consumers aware of their own gambling activity, this register should show the consumer all information pertaining to her/his gambling history whenever she/he starts to play;

| 12. | Recommends that a clear distinction be made between gambling activities and other forms of online entertainment; services which combine distinguishing features of the gambling sector must fall under appropriate gambling legislation and fully respect age and identity verification mechanisms; |
| --- | --- |

12.

Recommends that a clear distinction be made between gambling activities and other forms of online entertainment; services which combine distinguishing features of the gambling sector must fall under appropriate gambling legislation and fully respect age and identity verification mechanisms;

| 13. | Notes that self-regulatory initiatives can serve as good contributions for identifying the content of common standards; reiterates its position that, in an area as sensitive as gambling, self-regulation can only complement but not replace national legislation; |
| --- | --- |

13.

Notes that self-regulatory initiatives can serve as good contributions for identifying the content of common standards; reiterates its position that, in an area as sensitive as gambling, self-regulation can only complement but not replace national legislation;

| 14. | Calls on the Commission to consider implementing a compulsory third-party identification control in order to exclude minors or persons using fake identities from playing; suggests that this could, inter alia, be a check on social security number, bank account information or other unique identifier, noting that such identification should take place in advance of any gambling activity; |
| --- | --- |

14.

Calls on the Commission to consider implementing a compulsory third-party identification control in order to exclude minors or persons using fake identities from playing; suggests that this could, inter alia, be a check on social security number, bank account information or other unique identifier, noting that such identification should take place in advance of any gambling activity;

| 15. | Believes that the software used for online gambling services should be made more secure and that common minimum certification requirements should be laid down in order to ensure that uniform parameters and standards are used; |
| --- | --- |

15.

Believes that the software used for online gambling services should be made more secure and that common minimum certification requirements should be laid down in order to ensure that uniform parameters and standards are used;

| 16. | Draws attention to the need to draw up efficient methods of betting supervision, bearing in mind the rapid development of the online environment, but highlights as well the importance of protecting users’ personal data against abuse; |
| --- | --- |

16.

Draws attention to the need to draw up efficient methods of betting supervision, bearing in mind the rapid development of the online environment, but highlights as well the importance of protecting users’ personal data against abuse;

| 17. | Takes the view that common standards for online gambling should address the rights and obligations of both the service provider and the consumer, ensuring a high level of protection for citizens and consumers, in particular minors and other vulnerable persons, and the prevention of misleading and excessive advertisements; encourages the European gambling operators’ associations to develop and adopt self-regulatory codes of conduct; |
| --- | --- |

17.

Takes the view that common standards for online gambling should address the rights and obligations of both the service provider and the consumer, ensuring a high level of protection for citizens and consumers, in particular minors and other vulnerable persons, and the prevention of misleading and excessive advertisements; encourages the European gambling operators’ associations to develop and adopt self-regulatory codes of conduct;

| 18. | Calls on the Commission to include in its recommendation that gambling operators should be obliged actively to promote the use of self-restrictions at the time of registration as well as in cases of repeated losses; |
| --- | --- |

18.

Calls on the Commission to include in its recommendation that gambling operators should be obliged actively to promote the use of self-restrictions at the time of registration as well as in cases of repeated losses;

| 19. | Recommends the introduction of uniform, pan-European common security standards for electronic identification and cross border e-verification services; welcomes the Commission’s proposal for a directive on e-identification and authentication, which will allow for interoperability of national e-identification schemes where these exist; calls, therefore, for registration and identification procedures to be streamlined and made more efficient, notably in order to ensure efficient identification mechanisms and to prevent multiple accounts per player and access by minors to online gambling websites; recommends the exchange of best practices between Member States on enforcement measures — such as on establishing white and black lists of illegal gambling websites, jointly defining secure and traceable payment solutions, and considering the feasibility of blocking financial transactions — in order to protect consumers against illegal operators; |
| --- | --- |

19.

Recommends the introduction of uniform, pan-European common security standards for electronic identification and cross border e-verification services; welcomes the Commission’s proposal for a directive on e-identification and authentication, which will allow for interoperability of national e-identification schemes where these exist; calls, therefore, for registration and identification procedures to be streamlined and made more efficient, notably in order to ensure efficient identification mechanisms and to prevent multiple accounts per player and access by minors to online gambling websites; recommends the exchange of best practices between Member States on enforcement measures — such as on establishing white and black lists of illegal gambling websites, jointly defining secure and traceable payment solutions, and considering the feasibility of blocking financial transactions — in order to protect consumers against illegal operators;

| 20. | Calls on the Member States and on operators to encourage responsible advertising in relation to online gambling; welcomes the Commission’s initiative to adopt a Recommendation on responsible gambling advertising: asks the Commission to include common minimum standards which provide sufficient protection for vulnerable consumers; recommends that advertising should be responsible, contain clear warnings as to the risks of gambling addiction and be neither excessive nor displayed on content specifically targeted at minors or where there is a higher risk of targeting minors, as is the case notably with social media advertising; |
| --- | --- |

20.

Calls on the Member States and on operators to encourage responsible advertising in relation to online gambling; welcomes the Commission’s initiative to adopt a Recommendation on responsible gambling advertising: asks the Commission to include common minimum standards which provide sufficient protection for vulnerable consumers; recommends that advertising should be responsible, contain clear warnings as to the risks of gambling addiction and be neither excessive nor displayed on content specifically targeted at minors or where there is a higher risk of targeting minors, as is the case notably with social media advertising;

| 21. | Calls for the definition and implementation of measures to enable children and young people to attain and further develop digital literacy; believes that the introduction of school courses aimed at young people on the best uses of the Internet could make users more adept in protecting themselves against addiction to online gambling services; |
| --- | --- |

21.

Calls for the definition and implementation of measures to enable children and young people to attain and further develop digital literacy; believes that the introduction of school courses aimed at young people on the best uses of the Internet could make users more adept in protecting themselves against addiction to online gambling services;

| 22. | Stresses the important role of education, advisory services and parents in raising awareness on the subject of online gambling and its consequences among minors; |
| --- | --- |

22.

Stresses the important role of education, advisory services and parents in raising awareness on the subject of online gambling and its consequences among minors;

| 23. | Calls on the Commission and the Member States to introduce effective measures to raise awareness of the risks of gambling addiction, targeting young people in particular; |
| --- | --- |

23.

Calls on the Commission and the Member States to introduce effective measures to raise awareness of the risks of gambling addiction, targeting young people in particular;

| 24. | Calls for socially responsible advertising of online gambling games to be permitted only for gambling products which are legal; considers that it should never be allowed to advertise for online gambling services by exaggerating the probability of winning, so that a false impression is given that gambling is a reasonable strategy for improving a person’s finances; believes that advertising should contain clear information concerning the consequences of compulsive gambling; |
| --- | --- |

24.

Calls for socially responsible advertising of online gambling games to be permitted only for gambling products which are legal; considers that it should never be allowed to advertise for online gambling services by exaggerating the probability of winning, so that a false impression is given that gambling is a reasonable strategy for improving a person’s finances; believes that advertising should contain clear information concerning the consequences of compulsive gambling;

| 25. | Stresses that defining a non-harmful format for advertising, and rules on its dissemination, is key to preventing people under 18 from gambling and to combating problematic and compulsive gambling; |
| --- | --- |

25.

Stresses that defining a non-harmful format for advertising, and rules on its dissemination, is key to preventing people under 18 from gambling and to combating problematic and compulsive gambling;

| 26. | Stresses that consumer protection measures should be flanked by a combination of preventive and responsive enforcement measures to reduce the contact of citizens with unauthorised operators; stresses the importance of jointly defining the notion of legal gambling operators, so that Member States, in compliance with EU law, only authorise operators who fulfil at least the following requirements and are thus considered to be legal:






  (a) | the operator must have a licence which gives it a right to operate in the Member State of the player; |
| --- | --- | --- |

26.

Stresses that consumer protection measures should be flanked by a combination of preventive and responsive enforcement measures to reduce the contact of citizens with unauthorised operators; stresses the importance of jointly defining the notion of legal gambling operators, so that Member States, in compliance with EU law, only authorise operators who fulfil at least the following requirements and are thus considered to be legal:

(a)

the operator must have a licence which gives it a right to operate in the Member State of the player;

| (b) | the operator is not considered to be illegal under the law applicable in any other Member State; |
| --- | --- |

(b)

the operator is not considered to be illegal under the law applicable in any other Member State;

| 27. | Is of the opinion that a registration process should include, as a mandatory feature, maximum loss limits, set and defined by the player for a certain time period; as a minimum, this feature should be present in games with short frequency; |
| --- | --- |

27.

Is of the opinion that a registration process should include, as a mandatory feature, maximum loss limits, set and defined by the player for a certain time period; as a minimum, this feature should be present in games with short frequency;

Compliance with EU law

| 28. | Stresses that, on the one hand, providers of online gambling should in all cases respect the national laws of the Member States in which they operate and, on the other hand, that Member States should retain the right to impose the restrictions they deem necessary and justified to address illegal online gambling in order to implement national legislation and exclude illegal providers from market access; |
| --- | --- |

28.

Stresses that, on the one hand, providers of online gambling should in all cases respect the national laws of the Member States in which they operate and, on the other hand, that Member States should retain the right to impose the restrictions they deem necessary and justified to address illegal online gambling in order to implement national legislation and exclude illegal providers from market access;

| 29. | Recognises that, in accordance with the principle of subsidiarity, the Member States have the right to determine how the offer of online gambling services is to be organised and regulated at national level, and the right to enforce all measures they consider necessary against illegal gambling services, while observing the basic EU Treaty principles; recognises that such legislation must be proportionate, consistent, transparent, and non-discriminatory; notes the need for more coherent EU policies in order to address the cross-border nature of online gambling; |
| --- | --- |

29.

Recognises that, in accordance with the principle of subsidiarity, the Member States have the right to determine how the offer of online gambling services is to be organised and regulated at national level, and the right to enforce all measures they consider necessary against illegal gambling services, while observing the basic EU Treaty principles; recognises that such legislation must be proportionate, consistent, transparent, and non-discriminatory; notes the need for more coherent EU policies in order to address the cross-border nature of online gambling;

| 30. | Notes that the Commission has sent letters to a number of Member States asking for detailed information on their current gambling legislation; calls on the Commission to continue the dialogue with the Member States; takes note of the Commission’s work on the infringement cases and on complaints brought against certain Member States; calls on the Commission to continue to monitor and enforce compliance of national laws and practices with EU law, in cooperation with the Member States, and to launch infringement procedures against those Member States that appear to breach EU law; respects the decision taken by the Member States in relation to the establishment of monopolies in this sector, provided that, in line with the case-law of the Court of Justice, they are subject to strict state control and ensure a particularly high level of consumer protection, that their activities are coherent with the objectives of general interest and that they reduce gambling opportunities in a consistent manner; |
| --- | --- |

30.

Notes that the Commission has sent letters to a number of Member States asking for detailed information on their current gambling legislation; calls on the Commission to continue the dialogue with the Member States; takes note of the Commission’s work on the infringement cases and on complaints brought against certain Member States; calls on the Commission to continue to monitor and enforce compliance of national laws and practices with EU law, in cooperation with the Member States, and to launch infringement procedures against those Member States that appear to breach EU law; respects the decision taken by the Member States in relation to the establishment of monopolies in this sector, provided that, in line with the case-law of the Court of Justice, they are subject to strict state control and ensure a particularly high level of consumer protection, that their activities are coherent with the objectives of general interest and that they reduce gambling opportunities in a consistent manner;

| 31. | Calls on the Commission, the Member States and the expert group on gambling services to draw up coordinated measures and strategies, including exchanges of best practice, with a view to looking into and addressing the problem of tax avoidance by authorised operators who provide online gambling services on the EU market but have their registered offices in tax havens within or outside the EU; |
| --- | --- |

31.

Calls on the Commission, the Member States and the expert group on gambling services to draw up coordinated measures and strategies, including exchanges of best practice, with a view to looking into and addressing the problem of tax avoidance by authorised operators who provide online gambling services on the EU market but have their registered offices in tax havens within or outside the EU;

| 32. | Notes the risks that access by consumers to illegal online gambling services might pose; calls on the Commission and the Member States to discuss, as part of the work of the group of experts on gambling services, the social costs of permitting regulated gambling activities versus the harmful effects of consumers resorting to illegal operators; |
| --- | --- |

32.

Notes the risks that access by consumers to illegal online gambling services might pose; calls on the Commission and the Member States to discuss, as part of the work of the group of experts on gambling services, the social costs of permitting regulated gambling activities versus the harmful effects of consumers resorting to illegal operators;

| 33. | Emphasises that those Member States that choose to open up their online gambling sector must provide for a transparent and legally certain licensing application procedure based on objective and non-discriminatory criteria, in full compliance with EU law and with sufficient and strict citizen and consumer protection; |
| --- | --- |

33.

Emphasises that those Member States that choose to open up their online gambling sector must provide for a transparent and legally certain licensing application procedure based on objective and non-discriminatory criteria, in full compliance with EU law and with sufficient and strict citizen and consumer protection;

Administrative cooperation

| 34. | Calls on the expert group on gambling services and on the Commission to facilitate, as much as possible, the flow of data between regulators in the Member States in order to share best practices and information to facilitate the establishment of a common system for identifying players, enforcement measures against illegal operators, enhance protection of consumers, responsible advertising, establishment of white and black lists, prevent match-fixing and make self-exclusion mechanisms that include, inter alia, personal time and money limits applicable throughout the EU; calls on the Commission to arrange for the expert group to benefit from the broadest expertise possible in the development of its work; urges the Member States to restart the dialogue on online gambling services in the forum of the Council Working Party on establishment and services; |
| --- | --- |

34.

Calls on the expert group on gambling services and on the Commission to facilitate, as much as possible, the flow of data between regulators in the Member States in order to share best practices and information to facilitate the establishment of a common system for identifying players, enforcement measures against illegal operators, enhance protection of consumers, responsible advertising, establishment of white and black lists, prevent match-fixing and make self-exclusion mechanisms that include, inter alia, personal time and money limits applicable throughout the EU; calls on the Commission to arrange for the expert group to benefit from the broadest expertise possible in the development of its work; urges the Member States to restart the dialogue on online gambling services in the forum of the Council Working Party on establishment and services;

| 35. | Calls on the Commission always to include experts specialised in problem and pathological gambling in expert groups and consultations; |
| --- | --- |

35.

Calls on the Commission always to include experts specialised in problem and pathological gambling in expert groups and consultations;

| 36. | Is of the opinion that cooperation and exchanges of best practices among national experts from the social and health spheres specialising in pathological and problem gambling should be strengthened at European level; |
| --- | --- |

36.

Is of the opinion that cooperation and exchanges of best practices among national experts from the social and health spheres specialising in pathological and problem gambling should be strengthened at European level;

| 37. | Emphasises that, while the effective exchange of information between investigative bodies is important for successful law enforcement, action to combat match-fixing must comply with national and European data protection laws and regulations; |
| --- | --- |

37.

Emphasises that, while the effective exchange of information between investigative bodies is important for successful law enforcement, action to combat match-fixing must comply with national and European data protection laws and regulations;

| 38. | Encourages the Member States, in the context of the expert group, to work in close cooperation with the Commission and with each other to coordinate steps to combat the unauthorised supply of cross-border gambling services, and to implement the action plan contained in the Commission’s communication on online gambling; |
| --- | --- |

38.

Encourages the Member States, in the context of the expert group, to work in close cooperation with the Commission and with each other to coordinate steps to combat the unauthorised supply of cross-border gambling services, and to implement the action plan contained in the Commission’s communication on online gambling;

| 39. | Recognises that cooperation among Member States is essential but stresses that it is also very important that the expert group on gambling works in close collaboration with all stakeholders, including the gambling industry and consumer organisations; |
| --- | --- |

39.

Recognises that cooperation among Member States is essential but stresses that it is also very important that the expert group on gambling works in close collaboration with all stakeholders, including the gambling industry and consumer organisations;

| 40. | Stresses the importance for the expert group to work towards more transparent and simplified procedures that remove unnecessary administrative burdens on Member States that could unnecessarily increase costs for legal online operators in those countries which choose to open up their markets; notes that the removal of administrative burdens must not compromise protection of consumers; |
| --- | --- |

40.

Stresses the importance for the expert group to work towards more transparent and simplified procedures that remove unnecessary administrative burdens on Member States that could unnecessarily increase costs for legal online operators in those countries which choose to open up their markets; notes that the removal of administrative burdens must not compromise protection of consumers;

| 41. | Believes that steps should be taken to bring national tax regimes for gambling services into line with one other in order to prevent disproportionate tax concessions from fostering a proliferation and concentration of online gambling services; |
| --- | --- |

41.

Believes that steps should be taken to bring national tax regimes for gambling services into line with one other in order to prevent disproportionate tax concessions from fostering a proliferation and concentration of online gambling services;

| 42. | Encourages national regulatory authorities in those Member States that have chosen to introduce licensing systems to exchange best practices that would facilitate the application of national gambling licenses, including technical standards for gaming equipment; encourages the competent national regulatory authorities to allow operation of a gambling company within their jurisdiction only when said company does not operate in contravention of the law in another Member State, the legislation of which has not been established as non-compliant by the Court of Justice; |
| --- | --- |

42.

Encourages national regulatory authorities in those Member States that have chosen to introduce licensing systems to exchange best practices that would facilitate the application of national gambling licenses, including technical standards for gaming equipment; encourages the competent national regulatory authorities to allow operation of a gambling company within their jurisdiction only when said company does not operate in contravention of the law in another Member State, the legislation of which has not been established as non-compliant by the Court of Justice;

Money laundering

| 43. | Points to the fact that online gambling is a non-cash-based environment and that — given the dependency on third-party financial service providers — additional safeguards against money laundering are needed; emphasises the need for close cooperation between national gambling authorities, national police and national enforcement authorities in preventing criminal activity; |
| --- | --- |

43.

Points to the fact that online gambling is a non-cash-based environment and that — given the dependency on third-party financial service providers — additional safeguards against money laundering are needed; emphasises the need for close cooperation between national gambling authorities, national police and national enforcement authorities in preventing criminal activity;

| 44. | Calls on the Commission, the Member States and the expert group to take effective action against money laundering; welcomes, in this respect, the proposal to extend the provisions of the Anti-Money Laundering Directive to include all forms of gambling, and calls on the competent national authorities to ensure that any transaction suspected of being potentially connected to money laundering or other criminal activity is reported in accordance with the provisions of this Directive; |
| --- | --- |

44.

Calls on the Commission, the Member States and the expert group to take effective action against money laundering; welcomes, in this respect, the proposal to extend the provisions of the Anti-Money Laundering Directive to include all forms of gambling, and calls on the competent national authorities to ensure that any transaction suspected of being potentially connected to money laundering or other criminal activity is reported in accordance with the provisions of this Directive;

| 45. | Calls on the Council to proceed in a swift and ambitious manner with the negotiations on the Commission proposal for a Directive on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (COM(2013)0045), and to address all types of gambling, including online gambling, in order to prevent the exploitation of online sports-betting activities by criminal interests for money laundering purposes; |
| --- | --- |

45.

Calls on the Council to proceed in a swift and ambitious manner with the negotiations on the Commission proposal for a Directive on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (COM(2013)0045), and to address all types of gambling, including online gambling, in order to prevent the exploitation of online sports-betting activities by criminal interests for money laundering purposes;

| 46. | Emphasises that solid registration and unambiguous verification systems are key tools in preventing any misuse of online gambling, such as money laundering; notes that, for such identity verification purposes, advantage can be taken of existing and developing online structures, such as online bank and credit-card verification systems; |
| --- | --- |

46.

Emphasises that solid registration and unambiguous verification systems are key tools in preventing any misuse of online gambling, such as money laundering; notes that, for such identity verification purposes, advantage can be taken of existing and developing online structures, such as online bank and credit-card verification systems;

| 47. | Takes the view that all the online gambling companies operating in the EU area need to be registered as legitimate entities in the EU; |
| --- | --- |

47.

Takes the view that all the online gambling companies operating in the EU area need to be registered as legitimate entities in the EU;

| 48. | Stresses that all the Member States must identify and designate the responsible public authority in charge of monitoring online gambling; stresses that the authority will also be authorised to intervene should any suspicious online gambling appear; gaming companies should also be required to inform the authority about any suspicious gaming activity; |
| --- | --- |

48.

Stresses that all the Member States must identify and designate the responsible public authority in charge of monitoring online gambling; stresses that the authority will also be authorised to intervene should any suspicious online gambling appear; gaming companies should also be required to inform the authority about any suspicious gaming activity;

Integrity of sports

| 49. | Stresses that, in view of the transnational nature of match-fixing, the fight against it requires more effective cooperation between all stakeholders, including public authorities, law enforcement agencies, the sport industry, gambling operators and gambling regulators, athletes and supporters, while emphasis should also be given to education and prevention actions in this regard; welcomes, in this respect, the recent Commission 2012 Preparatory Action, which supports transnational educating projects in order to combat match fixing; notes that match fixing occurs in both the offline and the online gambling markets and that, in the majority of cases, online betting-related match-fixing occurs through gambling operators established in unregulated markets outside the EU; |
| --- | --- |

49.

Stresses that, in view of the transnational nature of match-fixing, the fight against it requires more effective cooperation between all stakeholders, including public authorities, law enforcement agencies, the sport industry, gambling operators and gambling regulators, athletes and supporters, while emphasis should also be given to education and prevention actions in this regard; welcomes, in this respect, the recent Commission 2012 Preparatory Action, which supports transnational educating projects in order to combat match fixing; notes that match fixing occurs in both the offline and the online gambling markets and that, in the majority of cases, online betting-related match-fixing occurs through gambling operators established in unregulated markets outside the EU;

| 50. | Calls for a code of conduct, as a part of a self-regulatory initiative containing a general ban on all staff (in particular players, coaches, referees, medical and technical staff, owners and managers of clubs) involved in sporting events who may have a direct influence on the result from placing bets on their own matches or events; also emphasises, in this context, the need for strict and reliable age and identity verifications systems at Member State level; calls on sports organisations to use education campaigns and codes of conduct to educate — from an early age — sportspersons, referees and officials on the illegality of manipulating sports results; |
| --- | --- |

50.

Calls for a code of conduct, as a part of a self-regulatory initiative containing a general ban on all staff (in particular players, coaches, referees, medical and technical staff, owners and managers of clubs) involved in sporting events who may have a direct influence on the result from placing bets on their own matches or events; also emphasises, in this context, the need for strict and reliable age and identity verifications systems at Member State level; calls on sports organisations to use education campaigns and codes of conduct to educate — from an early age — sportspersons, referees and officials on the illegality of manipulating sports results;

| 51. | Recognises that efforts to combat sport organisations’ involvement in corrupt activities like match-fixing or money laundering, such as codes of conduct, need to address all stakeholder groups (officials, owners, managers, agents, players, referees and supporters) and all organisations (clubs, leagues, federations, etc.); |
| --- | --- |

51.

Recognises that efforts to combat sport organisations’ involvement in corrupt activities like match-fixing or money laundering, such as codes of conduct, need to address all stakeholder groups (officials, owners, managers, agents, players, referees and supporters) and all organisations (clubs, leagues, federations, etc.);

| 52. | Calls on the Member States to increase the priority given to preventing corruption in sport and stresses the need for increased focus on efficient law enforcement in this regard; calls for the adoption at national level of effective measures to prevent conflicts of interest, notably by avoiding wagers of all stakeholders from the world of sports on betting organised on competitions in which they are involved; calls upon all sports governing bodies to commit to good governance practices in order to reduce the risk of falling victim to match-fixing; calls on the Commission, in this regard, to take into account the work of the Council of Europe on the assessment of the risks of certain types of bets and to assess the possible risks of spot betting, where it is possible to bet on certain bets during a competition and to take appropriate action accordingly; |
| --- | --- |

52.

Calls on the Member States to increase the priority given to preventing corruption in sport and stresses the need for increased focus on efficient law enforcement in this regard; calls for the adoption at national level of effective measures to prevent conflicts of interest, notably by avoiding wagers of all stakeholders from the world of sports on betting organised on competitions in which they are involved; calls upon all sports governing bodies to commit to good governance practices in order to reduce the risk of falling victim to match-fixing; calls on the Commission, in this regard, to take into account the work of the Council of Europe on the assessment of the risks of certain types of bets and to assess the possible risks of spot betting, where it is possible to bet on certain bets during a competition and to take appropriate action accordingly;

| 53. | Calls on sport federations and gambling operators to include, in a code of conduct, a ban on betting on so-called negative events, such as yellow cards, penalty kicks or free kicks during a match or event; calls on Member States and gambling operators to ban all forms of live sports betting since these have proved to be very vulnerable to match-fixing and therefore pose a risk to the integrity of sport; |
| --- | --- |

53.

Calls on sport federations and gambling operators to include, in a code of conduct, a ban on betting on so-called negative events, such as yellow cards, penalty kicks or free kicks during a match or event; calls on Member States and gambling operators to ban all forms of live sports betting since these have proved to be very vulnerable to match-fixing and therefore pose a risk to the integrity of sport;

| 54. | Calls for an obligation for cooperation and exchange of information on suspicious activities at national as well as European level, among sports bodies, public authorities, Europol and Eurojust, in order to combat criminal cross-border online gambling activities; |
| --- | --- |

54.

Calls for an obligation for cooperation and exchange of information on suspicious activities at national as well as European level, among sports bodies, public authorities, Europol and Eurojust, in order to combat criminal cross-border online gambling activities;

| 55. | Welcomes the Commission’s intention to promote a better exchange of good practice in regard to combating match-fixing; highlights the importance of the support of the European Union to the ongoing work within the Council of Europe towards the negotiation of an international convention on the protection and the promotion of sports integrity; highlights that match fixing is not always related to betting, and that this non-betting side to match fixing, which also poses a problem to the integrity of sports, needs to be addressed as well; stresses the need for strengthened cooperation at EU and global level in the fight against match fixing; calls on the Commission to take the lead in the creation of a global platform for exchange of information and best practices and in the coordination of joint prevention and enforcement actions between regulators, sports organisations, police and judicial authorities and gambling operators; |
| --- | --- |

55.

Welcomes the Commission’s intention to promote a better exchange of good practice in regard to combating match-fixing; highlights the importance of the support of the European Union to the ongoing work within the Council of Europe towards the negotiation of an international convention on the protection and the promotion of sports integrity; highlights that match fixing is not always related to betting, and that this non-betting side to match fixing, which also poses a problem to the integrity of sports, needs to be addressed as well; stresses the need for strengthened cooperation at EU and global level in the fight against match fixing; calls on the Commission to take the lead in the creation of a global platform for exchange of information and best practices and in the coordination of joint prevention and enforcement actions between regulators, sports organisations, police and judicial authorities and gambling operators;

| 56. | Considers that a consistent policy on criminal sanctions is essential to a pan-European approach to regulating the online gambling sector and, to this end, urges the Member States to ensure that the fraudulent manipulation of results for financial or other advantage is prohibited by establishing as a criminal offence any threat to the integrity of competitions, including those linked to betting operations; urges the Commission to take action at EU level against unregulated online gambling and to support the fight against match-fixing; |
| --- | --- |

56.

Considers that a consistent policy on criminal sanctions is essential to a pan-European approach to regulating the online gambling sector and, to this end, urges the Member States to ensure that the fraudulent manipulation of results for financial or other advantage is prohibited by establishing as a criminal offence any threat to the integrity of competitions, including those linked to betting operations; urges the Commission to take action at EU level against unregulated online gambling and to support the fight against match-fixing;

| 57. | Recognises that in some Member States gambling revenues and lotteries represent a considerable source of income that can be channelled to support publicly beneficial and charitable purposes, cultural works, grassroots sports and horse racing and equine sector; underlines, furthermore, the significance of this sustainable contribution and specific role that should be acknowledged in discussions at the European level; reaffirms its position that sports bets are a form of commercial use of sporting competitions; recommends, while fully respecting the Members States’ competence on the issue, that sporting competitions should be protected from any unauthorised commercial use, notably by recognising the property rights of sports event organisers, not only in order to secure a fair financial return for the benefit of all levels of professional and amateur sport but also as a means of strengthening the fight against sports fraud, particularly match-fixing; |
| --- | --- |

57.

Recognises that in some Member States gambling revenues and lotteries represent a considerable source of income that can be channelled to support publicly beneficial and charitable purposes, cultural works, grassroots sports and horse racing and equine sector; underlines, furthermore, the significance of this sustainable contribution and specific role that should be acknowledged in discussions at the European level; reaffirms its position that sports bets are a form of commercial use of sporting competitions; recommends, while fully respecting the Members States’ competence on the issue, that sporting competitions should be protected from any unauthorised commercial use, notably by recognising the property rights of sports event organisers, not only in order to secure a fair financial return for the benefit of all levels of professional and amateur sport but also as a means of strengthening the fight against sports fraud, particularly match-fixing;

| 58. | Calls for more cooperation at European level, under the coordination of the Commission, to identify and prohibit online betting operators engaged in illegal activities such as, inter alia, match-fixing or betting on junior competitions involving minors and expects the online gambling industry to respect this ban through self-regulation; |
| --- | --- |

58.

Calls for more cooperation at European level, under the coordination of the Commission, to identify and prohibit online betting operators engaged in illegal activities such as, inter alia, match-fixing or betting on junior competitions involving minors and expects the online gambling industry to respect this ban through self-regulation;

| 59. | Encourages the Member States to consider a ban on all forms of spot fixing, such as gambling on corner kicks, free kicks, throw-ins and yellow cards, as these has proven to be very vulnerable to match-fixing; |
| --- | --- |

59.

Encourages the Member States to consider a ban on all forms of spot fixing, such as gambling on corner kicks, free kicks, throw-ins and yellow cards, as these has proven to be very vulnerable to match-fixing;

| 60. | Calls up the Commission to install a European alert system for betting regulators in order rapidly to exchange information about fixed sporting events; |
| --- | --- |

60.

Calls up the Commission to install a European alert system for betting regulators in order rapidly to exchange information about fixed sporting events;

| 61. | Welcomes transnational education projects to combat match-fixing on a global level; |
| --- | --- |

61.

Welcomes transnational education projects to combat match-fixing on a global level;

| 62. | Stresses that athletes need effective protection mechanisms to oppose corrupting influences, including the safeguarding of the moral and physical integrity of athletes, proper working conditions and the safeguarding of salaries or remunerations, including bans on participation at different levels of competition for sports organisations failing to regularly fulfil these obligations towards their athletes; |
| --- | --- |

62.

Stresses that athletes need effective protection mechanisms to oppose corrupting influences, including the safeguarding of the moral and physical integrity of athletes, proper working conditions and the safeguarding of salaries or remunerations, including bans on participation at different levels of competition for sports organisations failing to regularly fulfil these obligations towards their athletes;

| 63. | Emphasises that match-fixing allegations are often tried in public courts as well as by sports arbitration and that, under both procedures, international minimum procedural standards, as laid down in Article 6 of the European Convention on Human Rights, must be observed; |
| --- | --- |

63.

Emphasises that match-fixing allegations are often tried in public courts as well as by sports arbitration and that, under both procedures, international minimum procedural standards, as laid down in Article 6 of the European Convention on Human Rights, must be observed;

| 64. | Calls for the strict regulation or the prohibition, after an evaluation conducted at the level of each Member State, of dangerous forms of gambling; |
| --- | --- |

64.

Calls for the strict regulation or the prohibition, after an evaluation conducted at the level of each Member State, of dangerous forms of gambling;

o

o o

| 65. | Instructs its President to forward this resolution to the Council, the Commission, and the governments and parliaments of the Member States. |
| --- | --- |

65.

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

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(1)  Texts adopted, P7_TA(2013)0098.

(2)  Texts adopted, P7_TA(2012)0025.

(3)  OJ C 153 E, 31.5.2013, p. 35.

(4)  OJ C 87 E, 1.4.2010, p. 30.

(5)  see, to that effect, Case C 275/92 Schindler, paragraphs 57 to 60; Case C 124/97 Läärä and Others, paragraphs 32 and 33; Case C-67/98 Zenatti, paragraphs 30 and 31; Case C-243/01 Gambelli and Others, paragraph 67; Case C-42/07Liga Portuguesa, paragraph 56; Joined Cases C 316/07, C 358/07 to C 360/07, C 409/07 and C 410/07, Markus Stoß and others, paragraph 74; Case C 212/08, Zeturf Ltd, paragraph 38; Case C-72/10 Costa paragraph 71; Case C 176/11 Hit Larix, paragraph 15; Joined Cases C 186/11 and C 209/11 Stanleybet and others, paragraph 44.

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Wednesday 11 September 2013

| 9.3.2016 | EN | Official Journal of the European Union | C 93/52 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/52

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P7_TA(2013)0350

Endangered European languages and linguistic diversity

European Parliament resolution of 11 September 2013 on endangered European languages and linguistic diversity in the European Union (2013/2007(INI))

(2016/C 093/07)

The European Parliament,

| — | having regard to Articles 2 and 3(3) of the Treaty on European Union, |
| --- | --- |

—

having regard to Articles 2 and 3(3) of the Treaty on European Union,

| — | having regard to Articles 21(1) and 22 of the Charter of Fundamental Rights, |
| --- | --- |

—

having regard to Articles 21(1) and 22 of the Charter of Fundamental Rights,

| — | having regard to the Commission’s Euromosaic study, which establishes that European languages are dying out because the measures in force cannot protect them, |
| --- | --- |

—

having regard to the Commission’s Euromosaic study, which establishes that European languages are dying out because the measures in force cannot protect them,

| — | having regard to the Unesco Convention of 17 October 2003 for the Safeguarding of Intangible Cultural Heritage, which covers oral traditions and expressions, including language as a vehicle of intangible cultural heritage, |
| --- | --- |

—

having regard to the Unesco Convention of 17 October 2003 for the Safeguarding of Intangible Cultural Heritage, which covers oral traditions and expressions, including language as a vehicle of intangible cultural heritage,

| — | having regard to the Unesco Convention of 20 October 2005 on the Protection and Promotion of the Diversity of Cultural Expressions, |
| --- | --- |

—

having regard to the Unesco Convention of 20 October 2005 on the Protection and Promotion of the Diversity of Cultural Expressions,

| — | having regard to Unesco’s Atlas of the World’s Languages in Danger, |
| --- | --- |

—

having regard to Unesco’s Atlas of the World’s Languages in Danger,

| — | having regard to the resolution of the Council of Europe’s Congress of Local and Regional Authorities of 18 March 2010 entitled ‘Minority languages — an asset for regional development’ (301/2010) (1), |
| --- | --- |

—

having regard to the resolution of the Council of Europe’s Congress of Local and Regional Authorities of 18 March 2010 entitled ‘Minority languages — an asset for regional development’ (301/2010) (1),

| — | having regard to Report 12423/2010, Resolution 1769/2010 and Recommendation 1944/2010 of the Council of Europe, |
| --- | --- |

—

having regard to Report 12423/2010, Resolution 1769/2010 and Recommendation 1944/2010 of the Council of Europe,

| — | having regard to the Commission communication of 18 September 2008 entitled ‘Multilingualism: an asset for Europe and a shared commitment’ (COM(2008)0566), |
| --- | --- |

—

having regard to the Commission communication of 18 September 2008 entitled ‘Multilingualism: an asset for Europe and a shared commitment’ (COM(2008)0566),

| — | having regard to the Recommendation of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong learning (2), |
| --- | --- |

—

having regard to the Recommendation of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong learning (2),

| — | having regard to the Opinion of the Committee of the Regions on protecting and developing historical linguistic minorities under the Lisbon Treaty (3), |
| --- | --- |

—

having regard to the Opinion of the Committee of the Regions on protecting and developing historical linguistic minorities under the Lisbon Treaty (3),

| — | having regard to the Council Resolution of 21 November 2008 on a European strategy for multilingualism (4), |
| --- | --- |

—

having regard to the Council Resolution of 21 November 2008 on a European strategy for multilingualism (4),

| — | having regard to the Council of Europe’s European Charter for Regional or Minority Languages, opened for signature on 5 November 1992, |
| --- | --- |

—

having regard to the Council of Europe’s European Charter for Regional or Minority Languages, opened for signature on 5 November 1992,

| — | having regard to the Universal Declaration of Linguistic Rights (1996), |
| --- | --- |

—

having regard to the Universal Declaration of Linguistic Rights (1996),

| — | having regard to the Framework Convention for the Protection of National Minorities (1995), |
| --- | --- |

—

having regard to the Framework Convention for the Protection of National Minorities (1995),

| — | having regard to its resolution of 14 January 2004 on preserving and promoting cultural diversity: the role of the European regions and international organisations such as Unesco and the Council of Europe (5), and to its resolution of 4 September 2003 on European regional and lesser-used languages — the languages of minorities in the EU — in the context of enlargement and cultural diversity (6), |
| --- | --- |

—

having regard to its resolution of 14 January 2004 on preserving and promoting cultural diversity: the role of the European regions and international organisations such as Unesco and the Council of Europe (5), and to its resolution of 4 September 2003 on European regional and lesser-used languages — the languages of minorities in the EU — in the context of enlargement and cultural diversity (6),

| — | having regard to its resolution of 14 January 2003 on the role of regional and local authorities in European integration (7), which refers to linguistic diversity in Europe, |
| --- | --- |

—

having regard to its resolution of 14 January 2003 on the role of regional and local authorities in European integration (7), which refers to linguistic diversity in Europe,

| — | having regard to its resolution of 24 March 2009 on multilingualism: an asset for Europe and a shared commitment (8), |
| --- | --- |

—

having regard to its resolution of 24 March 2009 on multilingualism: an asset for Europe and a shared commitment (8),

| — | having regard to its resolution of 25 September 2008 on community media in Europe (9), |
| --- | --- |

—

having regard to its resolution of 25 September 2008 on community media in Europe (9),

| — | having regard to Rule 48 of its Rules of Procedure, |
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—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Culture and Education (A7-0239/2013), |
| --- | --- |

—

having regard to the report of the Committee on Culture and Education (A7-0239/2013),

| A. | whereas the objective of safeguarding and promoting each and every facet of the European Union’s cultural and linguistic heritage has been bolstered under the Lisbon Treaty; |
| --- | --- |

A.

whereas the objective of safeguarding and promoting each and every facet of the European Union’s cultural and linguistic heritage has been bolstered under the Lisbon Treaty;

| B. | whereas linguistic and cultural diversity is one of the fundamental principles of the European Union, as enshrined in Article 22 of the Charter of Fundamental Rights, which reads: ‘The Union shall respect cultural, religious and linguistic diversity’; |
| --- | --- |

B.

whereas linguistic and cultural diversity is one of the fundamental principles of the European Union, as enshrined in Article 22 of the Charter of Fundamental Rights, which reads: ‘The Union shall respect cultural, religious and linguistic diversity’;

| C. | whereas linguistic diversity is acknowledged as a citizen’s right in Articles 21 and 22 of the Charter of Fundamental Rights, which means that trying to establish the exclusivity of a language is a restriction and a violation of the fundamental values of the Union; |
| --- | --- |

C.

whereas linguistic diversity is acknowledged as a citizen’s right in Articles 21 and 22 of the Charter of Fundamental Rights, which means that trying to establish the exclusivity of a language is a restriction and a violation of the fundamental values of the Union;

| D. | whereas endangered languages should be conceived as part of the European cultural heritage, and not as a vehicle for political, ethnic or territorial aspirations; |
| --- | --- |

D.

whereas endangered languages should be conceived as part of the European cultural heritage, and not as a vehicle for political, ethnic or territorial aspirations;

| E. | whereas all of Europe’s languages are equal in value and worthiness, form an integral part of its cultures and civilisations and contribute to the enrichment of humanity; |
| --- | --- |

E.

whereas all of Europe’s languages are equal in value and worthiness, form an integral part of its cultures and civilisations and contribute to the enrichment of humanity;

| F. | whereas cohesive multilingual societies that manage their linguistic diversity democratically and sustainably help to foster plurality and are more open and better placed to form part of the richness that linguistic diversity represents; |
| --- | --- |

F.

whereas cohesive multilingual societies that manage their linguistic diversity democratically and sustainably help to foster plurality and are more open and better placed to form part of the richness that linguistic diversity represents;

| G. | whereas all languages, including those which are endangered, reflect historical, social and cultural knowledge and skills, and a mentality and a style of creativity, that form part of the richness and diversity of the European Union and the basis of the European identity; thus the linguistic diversity and the presence of endangered languages within a country should be seen as an asset instead of burden, and so should be supported and promoted; |
| --- | --- |

G.

whereas all languages, including those which are endangered, reflect historical, social and cultural knowledge and skills, and a mentality and a style of creativity, that form part of the richness and diversity of the European Union and the basis of the European identity; thus the linguistic diversity and the presence of endangered languages within a country should be seen as an asset instead of burden, and so should be supported and promoted;

| H. | whereas Unesco, in its Atlas of the World’s Languages in Danger, points out that a language is endangered if it fails to fulfil or scores poorly in relation to one or more of the following scientifically-identified criteria: intergenerational language transmission; absolute number of speakers; proportion of speakers within the total population; usage in various public and private contexts; response to new media; availability of materials for language learning and teaching; governmental and institutional language attitudes and policies, including official status and use; community members’ attitudes towards their own language; type and quality of documentation; |
| --- | --- |

H.

whereas Unesco, in its Atlas of the World’s Languages in Danger, points out that a language is endangered if it fails to fulfil or scores poorly in relation to one or more of the following scientifically-identified criteria: intergenerational language transmission; absolute number of speakers; proportion of speakers within the total population; usage in various public and private contexts; response to new media; availability of materials for language learning and teaching; governmental and institutional language attitudes and policies, including official status and use; community members’ attitudes towards their own language; type and quality of documentation;

| I. | whereas the 2005 Unesco Convention on cultural diversity allows parties to take appropriate measures to protect cultural activities, goods, and services, including measures concerning the languages used for such activities, goods, and services, in order to foster diversity in terms of cultural expressions, both within the territory of parties to the Convention and under international agreements; |
| --- | --- |

I.

whereas the 2005 Unesco Convention on cultural diversity allows parties to take appropriate measures to protect cultural activities, goods, and services, including measures concerning the languages used for such activities, goods, and services, in order to foster diversity in terms of cultural expressions, both within the territory of parties to the Convention and under international agreements;

| J. | whereas the Council of Europe’s European Charter for Regional or Minority Languages, which has been ratified by 16 Union Member States, provides both a frame of reference for the protection of languages in danger of dying out and a means of protecting minorities, two points mentioned in the Copenhagen criteria, which countries must satisfy if they are to join the EU; |
| --- | --- |

J.

whereas the Council of Europe’s European Charter for Regional or Minority Languages, which has been ratified by 16 Union Member States, provides both a frame of reference for the protection of languages in danger of dying out and a means of protecting minorities, two points mentioned in the Copenhagen criteria, which countries must satisfy if they are to join the EU;

| K. | whereas according to Unesco there are languages in all European countries, in European territories overseas, and within the EU’s traveller communities, that are only transmitted orally from generation to generation and should be regarded as being endangered; whereas some endangered European languages spoken by cross-border communities enjoy very different levels of protection depending on the Member State or region in which speakers of the language concerned live; |
| --- | --- |

K.

whereas according to Unesco there are languages in all European countries, in European territories overseas, and within the EU’s traveller communities, that are only transmitted orally from generation to generation and should be regarded as being endangered; whereas some endangered European languages spoken by cross-border communities enjoy very different levels of protection depending on the Member State or region in which speakers of the language concerned live;

| L. | whereas therefore in some countries and regions minority or regional languages exist which are endangered or dying out but which in other, neighbouring, countries are official, majority, languages; |
| --- | --- |

L.

whereas therefore in some countries and regions minority or regional languages exist which are endangered or dying out but which in other, neighbouring, countries are official, majority, languages;

| M. | whereas, just like biodiversity in nature, the diversity of European languages and cultures is part of the living heritage that is vital for the sustainable development of our societies, and whereas they should therefore be safeguarded and protected against any risks of extinction; |
| --- | --- |

M.

whereas, just like biodiversity in nature, the diversity of European languages and cultures is part of the living heritage that is vital for the sustainable development of our societies, and whereas they should therefore be safeguarded and protected against any risks of extinction;

| N. | whereas respect for linguistic diversity makes a positive contribution to social cohesion by boosting mutual understanding, self-esteem and open-mindedness, and whereas linguistic diversity fosters access to culture and contributes to creativity and to the acquisition of intercultural skills, as well as promoting cooperation between peoples and countries; |
| --- | --- |

N.

whereas respect for linguistic diversity makes a positive contribution to social cohesion by boosting mutual understanding, self-esteem and open-mindedness, and whereas linguistic diversity fosters access to culture and contributes to creativity and to the acquisition of intercultural skills, as well as promoting cooperation between peoples and countries;

| O. | whereas Article 167 of the Lisbon Treaty clearly states that ‘the Union shall contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity’, and therefore encourages action intended not only to preserve and safeguard the richness of the Union’s linguistic heritage as part of its diversity, but also to take a step forward in enhancing and promoting this heritage in addition to Member States' policies; |
| --- | --- |

O.

whereas Article 167 of the Lisbon Treaty clearly states that ‘the Union shall contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity’, and therefore encourages action intended not only to preserve and safeguard the richness of the Union’s linguistic heritage as part of its diversity, but also to take a step forward in enhancing and promoting this heritage in addition to Member States' policies;

| P. | whereas the notion of linguistic diversity in the European Union embraces not only official languages, but also co-official languages, regional languages, and languages that are not officially recognised within the Member States; |
| --- | --- |

P.

whereas the notion of linguistic diversity in the European Union embraces not only official languages, but also co-official languages, regional languages, and languages that are not officially recognised within the Member States;

| Q. | whereas the category of endangered languages also covers languages which are endangered only on a particular territory, where the number of speakers in the community is in significant decline, and cases where the statistics from consecutive censuses show a dramatic drop in the number of speakers of a specific language; |
| --- | --- |

Q.

whereas the category of endangered languages also covers languages which are endangered only on a particular territory, where the number of speakers in the community is in significant decline, and cases where the statistics from consecutive censuses show a dramatic drop in the number of speakers of a specific language;

| R. | whereas the official languages of the Member States may also be endangered languages in certain areas of the Union; |
| --- | --- |

R.

whereas the official languages of the Member States may also be endangered languages in certain areas of the Union;

| S. | whereas given the urgent nature of the situation they are facing, special attention ought to be paid to those languages that are in danger of dying out, by recognising multiculturalism and multilingualism, by implementing policy measures that combat existing prejudices against endangered languages, and by adopting an anti-assimilation approach at national and European level; |
| --- | --- |

S.

whereas given the urgent nature of the situation they are facing, special attention ought to be paid to those languages that are in danger of dying out, by recognising multiculturalism and multilingualism, by implementing policy measures that combat existing prejudices against endangered languages, and by adopting an anti-assimilation approach at national and European level;

| T. | whereas teaching in people’s mother tongue is the most effective way of learning; |
| --- | --- |

T.

whereas teaching in people’s mother tongue is the most effective way of learning;

| U. | whereas if children are taught their mother tongue from the start, and in parallel therewith learn an official language, they have a natural skill that they can use to learn more languages later on, and whereas linguistic pluralism is an advantage for young Europeans; |
| --- | --- |

U.

whereas if children are taught their mother tongue from the start, and in parallel therewith learn an official language, they have a natural skill that they can use to learn more languages later on, and whereas linguistic pluralism is an advantage for young Europeans;

| V. | whereas the threat to endangered languages in Europe can be reduced through the guarantee of the principle that in the conduct of public business and the administration of justice, the language concerned is treated proportionately on the basis of equality and in the interest of diversity; |
| --- | --- |

V.

whereas the threat to endangered languages in Europe can be reduced through the guarantee of the principle that in the conduct of public business and the administration of justice, the language concerned is treated proportionately on the basis of equality and in the interest of diversity;

| W. | whereas protection and transmission of a language depend very often on informal and non-formal education and whereas it is important to recognise the role played in that context by voluntary organisations, the arts, and artists; |
| --- | --- |

W.

whereas protection and transmission of a language depend very often on informal and non-formal education and whereas it is important to recognise the role played in that context by voluntary organisations, the arts, and artists;

| X. | whereas the issue of endangered languages does not receive enough specific attention within the Commission’s multilingualism policy; whereas over the last two multiannual financial framework periods (2000-2007 and 2007-2013), European funding for these languages has been cut drastically, which has added to their problems, and whereas this situation must not be allowed to continue into the next multiannual financial framework (2014-2020); |
| --- | --- |

X.

whereas the issue of endangered languages does not receive enough specific attention within the Commission’s multilingualism policy; whereas over the last two multiannual financial framework periods (2000-2007 and 2007-2013), European funding for these languages has been cut drastically, which has added to their problems, and whereas this situation must not be allowed to continue into the next multiannual financial framework (2014-2020);

| 1. | Calls on the European Union and the Member States to be more attentive to the extreme threat that many European languages, classified as endangered languages, are experiencing, and to commit wholeheartedly to the protection and promotion of the unique diversity of the Union's linguistic and cultural heritage by deploying ambitious proactive revitalisation policies for the languages concerned and by dedicating a reasonable budget to this aim; recommends that these policies should also aim at developing a broader consciousness among EU citizens of the linguistic and cultural richness these communities represent; encourages Member States to produce action plans for the promotion of endangered languages based on shared good practices which are already available within a number of language communities in Europe; |
| --- | --- |

1.

Calls on the European Union and the Member States to be more attentive to the extreme threat that many European languages, classified as endangered languages, are experiencing, and to commit wholeheartedly to the protection and promotion of the unique diversity of the Union's linguistic and cultural heritage by deploying ambitious proactive revitalisation policies for the languages concerned and by dedicating a reasonable budget to this aim; recommends that these policies should also aim at developing a broader consciousness among EU citizens of the linguistic and cultural richness these communities represent; encourages Member States to produce action plans for the promotion of endangered languages based on shared good practices which are already available within a number of language communities in Europe;

| 2. | Calls on the governments of the Member States to condemn practices which, by means of linguistic discrimination or enforced or concealed assimilation, have in the past been — or are now — directed against the identity and language use of endangered linguistic communities or their cultural institutions; |
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2.

Calls on the governments of the Member States to condemn practices which, by means of linguistic discrimination or enforced or concealed assimilation, have in the past been — or are now — directed against the identity and language use of endangered linguistic communities or their cultural institutions;

| 3. | Calls on all Member States who have not yet done so to ratify and implement the European Charter for Regional or Minority Languages; points out that the Charter acts as a benchmark for the protection of endangered languages and as one of the minority protection mechanisms specified in the Copenhagen criteria which states must satisfy in order to gain EU accession; |
| --- | --- |

3.

Calls on all Member States who have not yet done so to ratify and implement the European Charter for Regional or Minority Languages; points out that the Charter acts as a benchmark for the protection of endangered languages and as one of the minority protection mechanisms specified in the Copenhagen criteria which states must satisfy in order to gain EU accession;

| 4. | Calls on the Member States and the Commission to honour the commitments that they have entered into by acceding to the 2005 Unesco Convention on the Protection and Promotion of the Diversity of Cultural Expressions, be it on their own territory or in connection with international agreements; |
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4.

Calls on the Member States and the Commission to honour the commitments that they have entered into by acceding to the 2005 Unesco Convention on the Protection and Promotion of the Diversity of Cultural Expressions, be it on their own territory or in connection with international agreements;

| 5. | Calls on the Union authorities to include effective respect for linguistic diversity, and protection for the most vulnerable European languages in particular, as a condition that must be met by all states wishing to be admitted as an EU Member State; |
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5.

Calls on the Union authorities to include effective respect for linguistic diversity, and protection for the most vulnerable European languages in particular, as a condition that must be met by all states wishing to be admitted as an EU Member State;

| 6. | Calls on the Commission and the governments and regional authorities of the Member States to establish programmes to promote tolerance of endangered linguistic or ethnic communities, respect for their linguistic and cultural values and respect for those communities in society; |
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6.

Calls on the Commission and the governments and regional authorities of the Member States to establish programmes to promote tolerance of endangered linguistic or ethnic communities, respect for their linguistic and cultural values and respect for those communities in society;

| 7. | Draws the attention of the governments and regional authorities of the Member States to the fact that the survival of an endangered language is tantamount to the survival and development of the community which uses it and that, accordingly, for the purpose of formulating policies to protect it, account should be taken not only of cultural and educational aspects but also of the economic and social dimensions; |
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7.

Draws the attention of the governments and regional authorities of the Member States to the fact that the survival of an endangered language is tantamount to the survival and development of the community which uses it and that, accordingly, for the purpose of formulating policies to protect it, account should be taken not only of cultural and educational aspects but also of the economic and social dimensions;

| 8. | Calls on the Commission to propose concrete policy measures for the protection of endangered languages; calls also on the Commission and the Council, within their terms of reference under the Treaty, to adapt EU policies and schedule programmes so as to support the preservation of the endangered languages and linguistic diversity, using EU financial support tools for the period between 2014 and 2020, including: programmes on documentation of these languages, as well as on education and training, social inclusion, youth and sport, research and development, the culture and media programme, the structural funds (cohesion fund, ERDF, ESF, European territorial cooperation, EARDF), and all instruments and exchange platforms designed to promote new technologies, social media, and multimedia platforms, encompassing support for the generation of both content and applications; takes the view that these tools should focus on programmes and actions that demonstrate a positive wider agenda, either culturally or economically, beyond their community and their region; calls on the Commission to consider the administrative and legislative obstacles posed to projects relating to endangered languages on account of the small size of the language communities concerned; |
| --- | --- |

8.

Calls on the Commission to propose concrete policy measures for the protection of endangered languages; calls also on the Commission and the Council, within their terms of reference under the Treaty, to adapt EU policies and schedule programmes so as to support the preservation of the endangered languages and linguistic diversity, using EU financial support tools for the period between 2014 and 2020, including: programmes on documentation of these languages, as well as on education and training, social inclusion, youth and sport, research and development, the culture and media programme, the structural funds (cohesion fund, ERDF, ESF, European territorial cooperation, EARDF), and all instruments and exchange platforms designed to promote new technologies, social media, and multimedia platforms, encompassing support for the generation of both content and applications; takes the view that these tools should focus on programmes and actions that demonstrate a positive wider agenda, either culturally or economically, beyond their community and their region; calls on the Commission to consider the administrative and legislative obstacles posed to projects relating to endangered languages on account of the small size of the language communities concerned;

| 9. | Given that there is no room for delay, calls for the funding earmarked for protective action to be made as readily accessible and as clear as possible so as to ensure that those seeking to use it will, within a set time-frame, be in a position to offer real help to endangered languages; |
| --- | --- |

9.

Given that there is no room for delay, calls for the funding earmarked for protective action to be made as readily accessible and as clear as possible so as to ensure that those seeking to use it will, within a set time-frame, be in a position to offer real help to endangered languages;

| 10. | Takes the view that the European Union should support and encourage Member States to have a language policy that enables children to acquire the endangered language, as a mother tongue, from the very earliest age; points out that such a policy of promoting two or more languages would, as scientifically demonstrated, benefit and help children learn additional languages later on, while encouraging intergenerational transmission of languages, and that it would offer speakers of endangered languages practical support in revitalising intergenerational language transmission in areas in which it is dwindling; |
| --- | --- |

10.

Takes the view that the European Union should support and encourage Member States to have a language policy that enables children to acquire the endangered language, as a mother tongue, from the very earliest age; points out that such a policy of promoting two or more languages would, as scientifically demonstrated, benefit and help children learn additional languages later on, while encouraging intergenerational transmission of languages, and that it would offer speakers of endangered languages practical support in revitalising intergenerational language transmission in areas in which it is dwindling;

| 11. | Supports the reinforcement of teaching endangered languages with appropriate methodologies for students of all ages, including distance learning for the development of true European citizenship based on multiculturalism and linguistic pluralism; |
| --- | --- |

11.

Supports the reinforcement of teaching endangered languages with appropriate methodologies for students of all ages, including distance learning for the development of true European citizenship based on multiculturalism and linguistic pluralism;

| 12. | Notes the Commission’s multilingualism programmes; takes the view that promoters of projects must be able to take advantage of the opportunities they offer, and, given that endangered language communities fighting for the survival of endangered languages often consist of small groups of people, urges the Commission not to deem programmes involving these communities ineligible for funding on the grounds of low levels of financial commitment, the limited number of recipients, or the small size of the area concerned, but to facilitate access to, and publicise these programmes, providing guidance on their eligibility for funding; urges Member States to act as intermediaries and supporters of these small endangered language groups and communities to be funded from European funds, whilst recalling that EU funding for the promotion of linguistic diversity should not be redirected from its intended course nor be used to support actions that utilise endangered languages as vehicles for pursuing wider political agendas; |
| --- | --- |

12.

Notes the Commission’s multilingualism programmes; takes the view that promoters of projects must be able to take advantage of the opportunities they offer, and, given that endangered language communities fighting for the survival of endangered languages often consist of small groups of people, urges the Commission not to deem programmes involving these communities ineligible for funding on the grounds of low levels of financial commitment, the limited number of recipients, or the small size of the area concerned, but to facilitate access to, and publicise these programmes, providing guidance on their eligibility for funding; urges Member States to act as intermediaries and supporters of these small endangered language groups and communities to be funded from European funds, whilst recalling that EU funding for the promotion of linguistic diversity should not be redirected from its intended course nor be used to support actions that utilise endangered languages as vehicles for pursuing wider political agendas;

| 13. | Takes the view that a language revitalisation policy is a long-term effort that must be based on a diverse, coordinated planning of activities in various fields, in particular education (with pre-school and primary school education as a real asset, together with parents' training in the language itself), administration, media programmes (also with the possibility to set up and develop radio and television stations), the arts and in all areas of public life, implying a need for resources to be made available over the long term; takes the view that support should be provided for the drawing-up of such programmes, for exchanges of good practice among language communities, and for the introduction of assessment procedures; |
| --- | --- |

13.

Takes the view that a language revitalisation policy is a long-term effort that must be based on a diverse, coordinated planning of activities in various fields, in particular education (with pre-school and primary school education as a real asset, together with parents' training in the language itself), administration, media programmes (also with the possibility to set up and develop radio and television stations), the arts and in all areas of public life, implying a need for resources to be made available over the long term; takes the view that support should be provided for the drawing-up of such programmes, for exchanges of good practice among language communities, and for the introduction of assessment procedures;

| 14. | Recalls the importance of continuing the effort to standardise predominantly oral languages; |
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14.

Recalls the importance of continuing the effort to standardise predominantly oral languages;

| 15. | Calls on the Member States to pay increased attention to and support higher education studies and research with a special focus on endangered languages; |
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15.

Calls on the Member States to pay increased attention to and support higher education studies and research with a special focus on endangered languages;

| 16. | Takes the view that new technologies can provide a tool for fostering the knowledge, dissemination, teaching and preservation of endangered European languages; |
| --- | --- |

16.

Takes the view that new technologies can provide a tool for fostering the knowledge, dissemination, teaching and preservation of endangered European languages;

| 17. | Emphasises the importance of the transmission of the endangered languages from generation to generation within families, and the importance of the promotion of the learning of endangered languages within a specific education system if needed; encourages Member States and regional authorities to develop education policies and teaching materials for this reason; |
| --- | --- |

17.

Emphasises the importance of the transmission of the endangered languages from generation to generation within families, and the importance of the promotion of the learning of endangered languages within a specific education system if needed; encourages Member States and regional authorities to develop education policies and teaching materials for this reason;

| 18. | Considers that, in order to revitalise languages, it is likewise important that languages which have become peripheral and whose use is largely confined to family circles should have the right to be used publicly in society; |
| --- | --- |

18.

Considers that, in order to revitalise languages, it is likewise important that languages which have become peripheral and whose use is largely confined to family circles should have the right to be used publicly in society;

| 19. | Calls on the Commission to work in conjunction with international organisations which have set up programmes and initiatives to protect and promote endangered languages, including for example Unesco and the Council of Europe; |
| --- | --- |

19.

Calls on the Commission to work in conjunction with international organisations which have set up programmes and initiatives to protect and promote endangered languages, including for example Unesco and the Council of Europe;

| 20. | Recommends that the Member States monitor the development of the most vulnerable languages, involving both state authorities and the authorities of territories which have their own languages, whether or not these are official languages; |
| --- | --- |

20.

Recommends that the Member States monitor the development of the most vulnerable languages, involving both state authorities and the authorities of territories which have their own languages, whether or not these are official languages;

| 21. | Takes the view that media, especially new media, can play an important role in the protection of endangered languages, particularly for future generations; emphasises, furthermore, the fact that new technologies could also be used in favour of these aims; |
| --- | --- |

21.

Takes the view that media, especially new media, can play an important role in the protection of endangered languages, particularly for future generations; emphasises, furthermore, the fact that new technologies could also be used in favour of these aims;

| 22. | Urges — given the fact that the death of the last speaker of a language usually marks that language’s extinction — local authorities in particular to adopt revitalisation measures with a view to changing this state of affairs; |
| --- | --- |

22.

Urges — given the fact that the death of the last speaker of a language usually marks that language’s extinction — local authorities in particular to adopt revitalisation measures with a view to changing this state of affairs;

| 23. | Notes that digitalisation may be one way to prevent languages from dying out; urges, therefore, local authorities to gather together and place online books and recordings in those languages, as well as all other manifestations of linguistic heritage; |
| --- | --- |

23.

Notes that digitalisation may be one way to prevent languages from dying out; urges, therefore, local authorities to gather together and place online books and recordings in those languages, as well as all other manifestations of linguistic heritage;

| 24. | Suggests that endangered language communities should be empowered by both the international community and the Member States to recognise that the use and preservation of their own language represents an asset both for their own community and Europe; |
| --- | --- |

24.

Suggests that endangered language communities should be empowered by both the international community and the Member States to recognise that the use and preservation of their own language represents an asset both for their own community and Europe;

| 25. | Calls on the Commission to provide constant support, via its various programmes, for transnational networks and European-level initiatives and activities that are designed to promote endangered languages, and emphasises that active participation is needed in order to ensure that Unesco’s Atlas of the World’s Languages in Danger is rendered more complete and remains a permanent fixture, and to further develop a homogeneous set of indicators that will make it possible to monitor the state of each language and the results of policies being implemented to prevent its disappearance; |
| --- | --- |

25.

Calls on the Commission to provide constant support, via its various programmes, for transnational networks and European-level initiatives and activities that are designed to promote endangered languages, and emphasises that active participation is needed in order to ensure that Unesco’s Atlas of the World’s Languages in Danger is rendered more complete and remains a permanent fixture, and to further develop a homogeneous set of indicators that will make it possible to monitor the state of each language and the results of policies being implemented to prevent its disappearance;

| 26. | Calls on the Commission to continue the research which began with the Euromosaic study, and to identify examples of proactivity at national level that have resulted in a significant reduction in the threat of a European language becoming extinct; recommends that in order to support exchange of knowledge, expertise and best practices between the different language communities, European language networks conduct an assessment of the policies established in Member States to preserve, protect, and promote endangered languages, and that the Commission issue corresponding recommendations; |
| --- | --- |

26.

Calls on the Commission to continue the research which began with the Euromosaic study, and to identify examples of proactivity at national level that have resulted in a significant reduction in the threat of a European language becoming extinct; recommends that in order to support exchange of knowledge, expertise and best practices between the different language communities, European language networks conduct an assessment of the policies established in Member States to preserve, protect, and promote endangered languages, and that the Commission issue corresponding recommendations;

| 27. | Calls on the Commission to support research on the acquisition and revitalisation of endangered languages and on the cognitive and societal benefits of bilingual and multilingual European citizens; |
| --- | --- |

27.

Calls on the Commission to support research on the acquisition and revitalisation of endangered languages and on the cognitive and societal benefits of bilingual and multilingual European citizens;

| 28. | Calls on the Member States which have not yet done so to sign and ratify the European Charter for Regional or Minority Languages (1992) and the Framework Convention for the Protection of National Minorities (1995); |
| --- | --- |

28.

Calls on the Member States which have not yet done so to sign and ratify the European Charter for Regional or Minority Languages (1992) and the Framework Convention for the Protection of National Minorities (1995);

| 29. | Calls on the Commission to envisage possible actions concerning the protection of endangered languages in the Union; |
| --- | --- |

29.

Calls on the Commission to envisage possible actions concerning the protection of endangered languages in the Union;

| 30. | Calls on the Commission to support both pilot projects that help promote the use of endangered languages and action plans drawn up by the individual language communities themselves; |
| --- | --- |

30.

Calls on the Commission to support both pilot projects that help promote the use of endangered languages and action plans drawn up by the individual language communities themselves;

| 31. | Takes the view that the Union should support linguistic diversity in its relations with third countries, in particular those wishing to join the EU; |
| --- | --- |

31.

Takes the view that the Union should support linguistic diversity in its relations with third countries, in particular those wishing to join the EU;

| 32. | Calls on the Commission to consider whether it might lay down specific European measures to preserve, protect, and promote endangered languages; |
| --- | --- |

32.

Calls on the Commission to consider whether it might lay down specific European measures to preserve, protect, and promote endangered languages;

| 33. | Takes the view that programmes related to the promotion of multilingualism are essential for EU neighbourhood/candidate and potential candidate countries’ policy strategies; |
| --- | --- |

33.

Takes the view that programmes related to the promotion of multilingualism are essential for EU neighbourhood/candidate and potential candidate countries’ policy strategies;

| 34. | Takes the view that Commission support for language revitalisation ought to focus particular attention on initiatives within the field of digital media, including social media, in an effort to ensure that younger generations engage with Europe's endangered languages; |
| --- | --- |

34.

Takes the view that Commission support for language revitalisation ought to focus particular attention on initiatives within the field of digital media, including social media, in an effort to ensure that younger generations engage with Europe's endangered languages;

| 35. | Believes that the Commission should pay attention to the fact that, with their policies, some Member States and regions are endangering the survival of languages inside their borders, even if those languages are not in danger in the European context; |
| --- | --- |

35.

Believes that the Commission should pay attention to the fact that, with their policies, some Member States and regions are endangering the survival of languages inside their borders, even if those languages are not in danger in the European context;

| 36. | Draws attention to the useful websites that provide information on EU programmes under which funding is available for projects that promote endangered languages, and calls on the Commission to issue a call to update these websites to include the new programmes for the period between 2014 and 2020, and to provide more information on this subject, especially for the attention of the language communities concerned; |
| --- | --- |

36.

Draws attention to the useful websites that provide information on EU programmes under which funding is available for projects that promote endangered languages, and calls on the Commission to issue a call to update these websites to include the new programmes for the period between 2014 and 2020, and to provide more information on this subject, especially for the attention of the language communities concerned;

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

37.

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

---

(1)  https://wcd.coe.int/ViewDoc.jsp?id=1671947&Site=DC

(2)  OJ L 394, 30.12.2006, p. 10.

(3)  OJ C 259, 2.9.2011, p. 31.

(4)  OJ C 320, 16.12.2008, p. 1.

(5)  OJ C 92 E, 16.4.2004, p. 322.

(6)  OJ C 76 E, 25.3.2004, p. 374.

(7)  OJ C 38 E, 12.2.2004, p. 167.

(8)  OJ C 117 E, 6.5.2010, p. 59.

(9)  OJ C 8 E, 14.1.2010, p. 75.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/58 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/58

---

P7_TA(2013)0351

Parliament's rights in the appointment procedure of future executive directors of the European Environment Agency

European Parliament resolution of 11 September 2013 with recommendations to the Commission on Parliament's rights in the appointment procedure of future Executive Directors of the European Environment Agency — amendment of Article 9 of Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (2013/2089(INL))

(2016/C 093/08)

The European Parliament,

| — | having regard to Article 225 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 225 of the Treaty on the Functioning of the European Union,

| — | having regard to Article 9 of Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (1), |
| --- | --- |

—

having regard to Article 9 of Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (1),

| — | having regard to the Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralised agencies of 19 July 2012, |
| --- | --- |

—

having regard to the Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralised agencies of 19 July 2012,

| — | having regard to the Common Approach on EU decentralised agencies annexed to the Joint Statement of 19 July 2012, |
| --- | --- |

—

having regard to the Common Approach on EU decentralised agencies annexed to the Joint Statement of 19 July 2012,

| — | having regard to Rules 42 and 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 42 and 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety (A7-0264/2013), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety (A7-0264/2013),

| A. | whereas there is no provision in Regulation (EC) No 401/2009 granting the European Parliament the formal right to hear the candidate selected to be appointed Executive Director of the European Environment Agency; |
| --- | --- |

A.

whereas there is no provision in Regulation (EC) No 401/2009 granting the European Parliament the formal right to hear the candidate selected to be appointed Executive Director of the European Environment Agency;

| 1. | Requests the Commission to submit as soon as possible, on the basis of Article 192(1) of the Treaty on the Functioning of the European Union, a proposal for an act amending Regulation (EC) No 401/2009 as regards the procedure for appointment of the Executive Director of the European Environment Agency, following the detailed recommendations set out in the Annex hereto; |
| --- | --- |

1.

Requests the Commission to submit as soon as possible, on the basis of Article 192(1) of the Treaty on the Functioning of the European Union, a proposal for an act amending Regulation (EC) No 401/2009 as regards the procedure for appointment of the Executive Director of the European Environment Agency, following the detailed recommendations set out in the Annex hereto;

| 2. | Confirms that the recommendations respect fundamental rights and the principle of subsidiarity; |
| --- | --- |

2.

Confirms that the recommendations respect fundamental rights and the principle of subsidiarity;

| 3. | Considers that the requested proposal does not have financial implications; |
| --- | --- |

3.

Considers that the requested proposal does not have financial implications;

| 4. | Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council, and to the European Environment Agency. |
| --- | --- |

4.

Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council, and to the European Environment Agency.

---

(1)  OJ L 126, 21.5.2009, p. 13.

---

ANNEX TO THE RESOLUTION

DETAILED RECOMMENDATIONS FOR DRAWING UP A EUROPEAN PARLIAMENT AND COUNCIL REGULATION AMENDING REGULATION (EC) NO 401/2009 ON THE EUROPEAN ENVIRONMENT AGENCY AND THE EUROPEAN ENVIRONMENT INFORMATION AND OBSERVATION NETWORK AS REGARDS THE PROCEDURE FOR APPOINTMENT OF THE EXECUTIVE DIRECTOR

A.   PRINCIPLES AND AIMS OF THE PROPOSAL REQUESTED

| 1. | The aim of this proposal is to align the procedure for appointment of the Executive Director of the European Environment Agency with the procedures in use for the Executive Directors of other agencies, such as the European Chemicals Agency, the European Medicines Agency and the European Food Safety Authority, in particular in order to grant the European Parliament the formal right to hear the candidate selected by the Management Board of the European Environment Agency for the post prior to his or her appointment. |
| --- | --- |

1.

The aim of this proposal is to align the procedure for appointment of the Executive Director of the European Environment Agency with the procedures in use for the Executive Directors of other agencies, such as the European Chemicals Agency, the European Medicines Agency and the European Food Safety Authority, in particular in order to grant the European Parliament the formal right to hear the candidate selected by the Management Board of the European Environment Agency for the post prior to his or her appointment.

B.   TEXT OF THE PROPOSAL REQUESTED

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation (EC) No 401/2009 on the European Environment Agency and the European Environment Information and Observation Network as regards the procedure for appointment of the Executive Director

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,

Having regard to the European Parliament’s request to the European Commission (1),

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (2),

Having regard to the opinion of the Committee of the Regions (3),

Acting in accordance with the ordinary legislative procedure,

Whereas:

| (1) | The first subparagraph of Article 9(1) of Regulation (EC) No 401/2009 on the European Environment Agency and the European Environment Information and Observation Network (4) includes no provision granting the European Parliament a formal right to hear the candidate selected to be appointed Executive Director of the European Environment Agency prior to his or her appointment. |
| --- | --- |

(1)

The first subparagraph of Article 9(1) of Regulation (EC) No 401/2009 on the European Environment Agency and the European Environment Information and Observation Network (4) includes no provision granting the European Parliament a formal right to hear the candidate selected to be appointed Executive Director of the European Environment Agency prior to his or her appointment.

| (2) | In accordance with the Framework Agreement on relations between the European Parliament and the European Commission (5), nominees for the post of Executive Director of regulatory agencies should come to parliamentary committee hearings. |
| --- | --- |

(2)

In accordance with the Framework Agreement on relations between the European Parliament and the European Commission (5), nominees for the post of Executive Director of regulatory agencies should come to parliamentary committee hearings.

| (3) | Regulation (EC) No 401/2009 is a codified version of Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network (6). Since the entry into force of that act, other regulations establishing other agencies, such as in particular Regulation (EC) No 1907/2006 (7) on the European Chemicals Agency, Regulation (EC) No 726/2004 (8) on the European Medicines Agency and Regulation (EC) No 178/2002 (9) on the European Food Safety Authority, have included the provision that the candidate nominated by the Management Board of the Agency is invited to make a statement to the European Parliament and to answer questions put by its Members. |
| --- | --- |

(3)

Regulation (EC) No 401/2009 is a codified version of Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network (6). Since the entry into force of that act, other regulations establishing other agencies, such as in particular Regulation (EC) No 1907/2006 (7) on the European Chemicals Agency, Regulation (EC) No 726/2004 (8) on the European Medicines Agency and Regulation (EC) No 178/2002 (9) on the European Food Safety Authority, have included the provision that the candidate nominated by the Management Board of the Agency is invited to make a statement to the European Parliament and to answer questions put by its Members.

| (4) | It is established practice that the candidate selected by the Management Board of the European Environment Agency for the position of Executive Director is invited without delay to a hearing before the competent committee of the European Parliament. |
| --- | --- |

(4)

It is established practice that the candidate selected by the Management Board of the European Environment Agency for the position of Executive Director is invited without delay to a hearing before the competent committee of the European Parliament.

| (5) | Unlike more recent regulations establishing other agencies, such as in particular the European Chemicals Agency, the European Medicines Agency and the European Food Safety Authority, Article 9 of Regulation (EC) No 401/2009 also does not specify the requirement that the Commission select the candidate to the post of Executive Director of the European Environment Agency following a call for expressions of interest published in the Official Journal of the European Union and in other periodicals or on internet sites. |
| --- | --- |

(5)

Unlike more recent regulations establishing other agencies, such as in particular the European Chemicals Agency, the European Medicines Agency and the European Food Safety Authority, Article 9 of Regulation (EC) No 401/2009 also does not specify the requirement that the Commission select the candidate to the post of Executive Director of the European Environment Agency following a call for expressions of interest published in the Official Journal of the European Union and in other periodicals or on internet sites.

| (6) | It is therefore appropriate to align the procedure for appointment of future Executive Directors of the European Environment Agency with the procedures for appointment of the Executive Directors of other agencies, as regards, in particular, the rights of the European Parliament. |
| --- | --- |

(6)

It is therefore appropriate to align the procedure for appointment of future Executive Directors of the European Environment Agency with the procedures for appointment of the Executive Directors of other agencies, as regards, in particular, the rights of the European Parliament.

| (7) | Regulation (EC) No 401/2009 should therefore be amended accordingly, |
| --- | --- |

(7)

Regulation (EC) No 401/2009 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Amendment to Regulation (EC) No 401/2009

In Article 9(1) of Regulation (EC) No 401/2009, the first subparagraph is replaced by the following:

‘1.   The Agency shall be headed by an Executive Director appointed by the Management Board on the basis of a list of candidates proposed by the Commission following a call for expressions of interest published in the Official Journal of the European Union and in other periodicals or on internet sites. The term of the office of the Executive Director shall be five years and shall be renewable once.

Before being appointed, the candidate selected by the Management Board shall be invited as soon as possible to make a statement before the European Parliament and to answer questions from its Members.

In advance of that hearing, which is to take place in the Environment, Public Health and Food Safety committee, the candidate shall provide a written roadmap that encompasses his or her strategy for their five-year term of office.’

Article 2

Article 2

Entry into force

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.

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 ...

1

(2)  OJ ...

2

(3)  OJ ...

3

(4)  OJ L 126, 21.5.2009, p. 13.

4

(5)  OJ L 304, 20.11.2010, p. 47.

5

(6)  OJ L 120, 11.5.1990, p. 1.

6

(7)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (OJ L 396, 30.12.2006, p. 1).

7

(8)  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 (OJ L 136, 30.4.2004, p. 1).

8

(9)  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 (OJ L 31, 1.2.2002, p. 1).

9

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/61 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/61

---

P7_TA(2013)0364

Implementation of the EU youth strategy 2010-2012

European Parliament resolution of 11 September 2013 on implementation of the EU Youth Strategy 2010-2012 (2013/2073(INI))

(2016/C 093/09)

The European Parliament,

| — | having regard to the Commission communication of 10 September 2012 entitled ‘Draft 2012 Joint Report of the Council and the Commission on the implementation of the renewed framework for European cooperation in the youth field (EU Youth Strategy 2010-2018)’ (COM(2012)0495), and the corresponding Commission staff working document (SWD(2012)0256), |
| --- | --- |

—

having regard to the Commission communication of 10 September 2012 entitled ‘Draft 2012 Joint Report of the Council and the Commission on the implementation of the renewed framework for European cooperation in the youth field (EU Youth Strategy 2010-2018)’ (COM(2012)0495), and the corresponding Commission staff working document (SWD(2012)0256),

| — | having regard to its resolution of 18 May 2010 on ‘An EU Strategy for Youth — Investing and Empowering’ (1), |
| --- | --- |

—

having regard to its resolution of 18 May 2010 on ‘An EU Strategy for Youth — Investing and Empowering’ (1),

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

—

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

| — | having regard to the Commission proposal of 23 November 2011 on a Regulation of the European Parliament and of the Council establishing ‘ERASMUS FOR ALL’ — the Union Programme for Education, Training, Youth and Sport (COM(2011)0788), |
| --- | --- |

—

having regard to the Commission proposal of 23 November 2011 on a Regulation of the European Parliament and of the Council establishing ‘ERASMUS FOR ALL’ — the Union Programme for Education, Training, Youth and Sport (COM(2011)0788),

| — | having regard to the Commission communication of 20 November 2012 on ‘Rethinking Education: Investing in skills for better socio-economic outcomes’ (COM(2012)0669), |
| --- | --- |

—

having regard to the Commission communication of 20 November 2012 on ‘Rethinking Education: Investing in skills for better socio-economic outcomes’ (COM(2012)0669),

| — | having regard to the Commission communication of 15 September 2010 on ‘Youth on the Move — An initiative to unleash the potential of young people to achieve smart, sustainable and inclusive growth in the European Union’ (COM(2010)0477), |
| --- | --- |

—

having regard to the Commission communication of 15 September 2010 on ‘Youth on the Move — An initiative to unleash the potential of young people to achieve smart, sustainable and inclusive growth in the European Union’ (COM(2010)0477),

| — | having regard to the Commission communication of 29 April 2009 on ‘An EU Strategy for Youth — Investing and Empowering. A renewed open method of coordination to address youth challenges and opportunities of youth’ (COM(2009)0200), and the corresponding Commission staff working document (SEC(2009)0549), |
| --- | --- |

—

having regard to the Commission communication of 29 April 2009 on ‘An EU Strategy for Youth — Investing and Empowering. A renewed open method of coordination to address youth challenges and opportunities of youth’ (COM(2009)0200), and the corresponding Commission staff working document (SEC(2009)0549),

| — | having regard to the Commission proposal of 5 December 2012 entitled ‘Towards a Quality Framework on Traineeships — Second-stage consultation of the social partners at European level’ (COM(2012)0728), |
| --- | --- |

—

having regard to the Commission proposal of 5 December 2012 entitled ‘Towards a Quality Framework on Traineeships — Second-stage consultation of the social partners at European level’ (COM(2012)0728),

| — | having regard to the Commission communication entitled ‘EU 2020: a strategy for smart, sustainable and inclusive growth’ (COM(2010)2020), |
| --- | --- |

—

having regard to the Commission communication entitled ‘EU 2020: a strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

| — | having regard to the Commission communication of 16 December 2010 entitled ‘The European Platform against Poverty and Social Exclusion: A European framework for social and territorial cohesion’ (COM(2010)0758), |
| --- | --- |

—

having regard to the Commission communication of 16 December 2010 entitled ‘The European Platform against Poverty and Social Exclusion: A European framework for social and territorial cohesion’ (COM(2010)0758),

| — | having regard to the Council conclusions of 12 May 2009 on a strategic framework for European cooperation in education and training (‘ET 2020’) (2), |
| --- | --- |

—

having regard to the Council conclusions of 12 May 2009 on a strategic framework for European cooperation in education and training (‘ET 2020’) (2),

| — | having regard to its resolution of 12 May 2011 on ‘Youth on the Move: A framework for improving Europe’s education and training systems’ (3), |
| --- | --- |

—

having regard to its resolution of 12 May 2011 on ‘Youth on the Move: A framework for improving Europe’s education and training systems’ (3),

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Culture and Education and the opinions of the Committee on Employment and Social Affairs and the Committee on Regional Development (A7-0238/2013), |
| --- | --- |

—

having regard to the report of the Committee on Culture and Education and the opinions of the Committee on Employment and Social Affairs and the Committee on Regional Development (A7-0238/2013),

| A. | whereas the future of Europe lies with its capacity to unleash young people's potential; |
| --- | --- |

A.

whereas the future of Europe lies with its capacity to unleash young people's potential;

| B. | whereas the crisis has led to a rise in precarious forms of employment for young people, with short-term and part-time contracts and unremunerated work placement schemes all too often replacing existing jobs; |
| --- | --- |

B.

whereas the crisis has led to a rise in precarious forms of employment for young people, with short-term and part-time contracts and unremunerated work placement schemes all too often replacing existing jobs;

| C. | whereas the overall youth unemployment rate in the EU stood at 23,5 % in February 2013; whereas 7,5 million young people aged 15 to 24, and 6,5 million aged 25 to 29, were not in education, employment or training (NEETs) in 2011; |
| --- | --- |

C.

whereas the overall youth unemployment rate in the EU stood at 23,5 % in February 2013; whereas 7,5 million young people aged 15 to 24, and 6,5 million aged 25 to 29, were not in education, employment or training (NEETs) in 2011;

| D. | whereas the economic loss resulting from the disengagement of young people from the labour market in 2011 was estimated at EUR 153 billion, corresponding to 1,2 % of EU GDP (4); |
| --- | --- |

D.

whereas the economic loss resulting from the disengagement of young people from the labour market in 2011 was estimated at EUR 153 billion, corresponding to 1,2 % of EU GDP (4);

| E. | whereas all young people are an integral part of society and should be recognised as such; whereas inequalities and all kinds of discrimination still persist and have a big impact on the lives of young people and their later development in society; |
| --- | --- |

E.

whereas all young people are an integral part of society and should be recognised as such; whereas inequalities and all kinds of discrimination still persist and have a big impact on the lives of young people and their later development in society;

| F. | whereas the persistent economic crisis has a severe impact on the lives of young people in terms of their wellbeing and social inclusion, employment, access to housing, health, education and training, cultural activities, leisure and sports, and is leading to an unprecedented lack of opportunities for young people in the EU; whereas there is a serious risk of having a ‘lost generation’ in a significant part of Europe; whereas this alarming situation requires urgent measures, policies and action as well as structural reforms; whereas the deteriorating economic conditions may, especially in countries heavily hit by the crisis, lead young people to involuntary migration, which can be made manifest in the form of a massive ‘brain drain’ that reduces the growth, development and innovation potential of the country of origin over the medium to long term; |
| --- | --- |

F.

whereas the persistent economic crisis has a severe impact on the lives of young people in terms of their wellbeing and social inclusion, employment, access to housing, health, education and training, cultural activities, leisure and sports, and is leading to an unprecedented lack of opportunities for young people in the EU; whereas there is a serious risk of having a ‘lost generation’ in a significant part of Europe; whereas this alarming situation requires urgent measures, policies and action as well as structural reforms; whereas the deteriorating economic conditions may, especially in countries heavily hit by the crisis, lead young people to involuntary migration, which can be made manifest in the form of a massive ‘brain drain’ that reduces the growth, development and innovation potential of the country of origin over the medium to long term;

| G. | whereas, in response to the economic crisis, several Member States have implemented severe austerity measures, including serious cuts in spending on education, training and lifelong learning programmes; whereas those measures have a detrimental effect notably on youth employment in certain Member States, in particular those in southern Europe, leading in most cases to a significant brain drain from those regions and thus accentuating inequalities within the EU; |
| --- | --- |

G.

whereas, in response to the economic crisis, several Member States have implemented severe austerity measures, including serious cuts in spending on education, training and lifelong learning programmes; whereas those measures have a detrimental effect notably on youth employment in certain Member States, in particular those in southern Europe, leading in most cases to a significant brain drain from those regions and thus accentuating inequalities within the EU;

| H. | whereas the existing tools at EU level have to be further developed to deal with the challenges the new generation faces, but little has been done so far, without prejudice to further improvements that can be made to them; whereas the EU Strategy for Youth is a comprehensive framework and the Member States must take full advantage of it; |
| --- | --- |

H.

whereas the existing tools at EU level have to be further developed to deal with the challenges the new generation faces, but little has been done so far, without prejudice to further improvements that can be made to them; whereas the EU Strategy for Youth is a comprehensive framework and the Member States must take full advantage of it;

| I. | whereas the numbers of NEETs have risen dangerously across the EU; whereas the youth unemployment rate is unacceptably high in several Member States, while the average unemployment rates across the Union are reaching record highs, while the true figure can be masked by a marked increase in emigration among young people and becomes even more alarming taking into consideration precarious employment conditions or unreported employment, while the duration of the period of unemployment is constantly increasing; |
| --- | --- |

I.

whereas the numbers of NEETs have risen dangerously across the EU; whereas the youth unemployment rate is unacceptably high in several Member States, while the average unemployment rates across the Union are reaching record highs, while the true figure can be masked by a marked increase in emigration among young people and becomes even more alarming taking into consideration precarious employment conditions or unreported employment, while the duration of the period of unemployment is constantly increasing;

| J. | whereas young women continue to face appalling labour market conditions while constituting a clear majority of part-time workers and temporary workers; |
| --- | --- |

J.

whereas young women continue to face appalling labour market conditions while constituting a clear majority of part-time workers and temporary workers;

| K. | whereas the economic impact of young people not being in education, employment or training was estimated in terms of a loss of EUR 153 billion in 2011, corresponding to 1,2 % of EU GDP (5); whereas this represents a serious social and economic burden; |
| --- | --- |

K.

whereas the economic impact of young people not being in education, employment or training was estimated in terms of a loss of EUR 153 billion in 2011, corresponding to 1,2 % of EU GDP (5); whereas this represents a serious social and economic burden;

| L. | whereas the economic crisis in the EU is increasing poverty and social exclusion, which especially affect the younger generations; whereas the impact of the crisis on young people is hindering their capacity to lead an autonomous life and in extreme cases is provoking malnutrition or mental health problems; |
| --- | --- |

L.

whereas the economic crisis in the EU is increasing poverty and social exclusion, which especially affect the younger generations; whereas the impact of the crisis on young people is hindering their capacity to lead an autonomous life and in extreme cases is provoking malnutrition or mental health problems;

| M. | whereas the unemployment rate among young people up to the age of 25 reached 23,5 % in March 2013 and more than 2 million jobs remain vacant in Europe because of a skills mismatch, particularly in the ICT and healthcare sectors; welcomes the Commission‘s ‘EU Skills Panorama’ initiative; |
| --- | --- |

M.

whereas the unemployment rate among young people up to the age of 25 reached 23,5 % in March 2013 and more than 2 million jobs remain vacant in Europe because of a skills mismatch, particularly in the ICT and healthcare sectors; welcomes the Commission‘s ‘EU Skills Panorama’ initiative;

| N. | whereas geographical mismatches between the supply and demand of jobs and skills can be observed both within and between Member States; |
| --- | --- |

N.

whereas geographical mismatches between the supply and demand of jobs and skills can be observed both within and between Member States;

| O. | whereas many young people are in informal, temporary and insecure jobs, unrelated to their qualifications or career aims and with no clear long-term prospects; whereas many are also missing out on the opportunity to acquire the skills and self-confidence necessary for career progression; |
| --- | --- |

O.

whereas many young people are in informal, temporary and insecure jobs, unrelated to their qualifications or career aims and with no clear long-term prospects; whereas many are also missing out on the opportunity to acquire the skills and self-confidence necessary for career progression;

| P. | whereas young people face increasing difficulties in their transition from education into work due to disconnections between the education programmes available and the labour market; whereas lifelong learning initiatives and intergenerational projects are useful tools by which young people across the EU can be equipped with skills necessary for entering the labour market; |
| --- | --- |

P.

whereas young people face increasing difficulties in their transition from education into work due to disconnections between the education programmes available and the labour market; whereas lifelong learning initiatives and intergenerational projects are useful tools by which young people across the EU can be equipped with skills necessary for entering the labour market;

| Q. | whereas demographic groups that are underrepresented within the entrepreneurial population, especially founders of start-ups, include young people, women, the disabled and immigrants; |
| --- | --- |

Q.

whereas demographic groups that are underrepresented within the entrepreneurial population, especially founders of start-ups, include young people, women, the disabled and immigrants;

| R. | whereas the personal and social development of young people is just as important as their academic and professional development; whereas young people play an active role in the social infrastructure of Member States and are central to sustainable and vibrant communities; |
| --- | --- |

R.

whereas the personal and social development of young people is just as important as their academic and professional development; whereas young people play an active role in the social infrastructure of Member States and are central to sustainable and vibrant communities;

| S. | whereas broadband rollout in the Member States needs to be improved in order to provide digitally-equipped schools; |
| --- | --- |

S.

whereas broadband rollout in the Member States needs to be improved in order to provide digitally-equipped schools;

| T. | whereas open educational resources improve the quality, accessibility and equity of education and facilitate an interactive, creative, flexible and personalised learning process through the use of ICT and new technologies; whereas open education enhances sustained employability by supporting lifelong learning; |
| --- | --- |

T.

whereas open educational resources improve the quality, accessibility and equity of education and facilitate an interactive, creative, flexible and personalised learning process through the use of ICT and new technologies; whereas open education enhances sustained employability by supporting lifelong learning;

| U. | whereas the use of new technologies and social media platforms is an important means of outreach to young people and of improving their capacity to participate in society and influence political and social processes; |
| --- | --- |

U.

whereas the use of new technologies and social media platforms is an important means of outreach to young people and of improving their capacity to participate in society and influence political and social processes;

| V. | whereas economic and social problems, exacerbated by an austerity-driven response to the crisis by the EU, are increasing Euroscepticism among citizens; whereas young people are the most vulnerable segment of society; |
| --- | --- |

V.

whereas economic and social problems, exacerbated by an austerity-driven response to the crisis by the EU, are increasing Euroscepticism among citizens; whereas young people are the most vulnerable segment of society;

| W. | whereas an effective youth policy can contribute to the development of civic awareness among young people, which is of the utmost importance for their individual emancipation and their participation in society as active citizens; |
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W.

whereas an effective youth policy can contribute to the development of civic awareness among young people, which is of the utmost importance for their individual emancipation and their participation in society as active citizens;

| X. | whereas the structured dialogue should be considered as a first step towards the establishment of an effective and fruitful dialogue among young people, youth organisations and EU and national institutions that has to be continuously improved and developed; |
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X.

whereas the structured dialogue should be considered as a first step towards the establishment of an effective and fruitful dialogue among young people, youth organisations and EU and national institutions that has to be continuously improved and developed;

Assessment of the effectiveness of the EU Youth Strategy

| 1. | Welcomes the Commission communication on the implementation of the renewed framework for European cooperation in the youth field (EU Youth Strategy 2010-2018); |
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1.

Welcomes the Commission communication on the implementation of the renewed framework for European cooperation in the youth field (EU Youth Strategy 2010-2018);

| 2. | Recalls the Commission’s proposal that in the context of the ongoing negotiations on the new Multiannual Financial Framework funding for youth and education policies should be increased to address current and future challenges; stresses that communication between youth task forces is essential and should be promoted, as well as communication on action undertaken and results achieved so far; |
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2.

Recalls the Commission’s proposal that in the context of the ongoing negotiations on the new Multiannual Financial Framework funding for youth and education policies should be increased to address current and future challenges; stresses that communication between youth task forces is essential and should be promoted, as well as communication on action undertaken and results achieved so far;

| 3. | Considers that the budget allocated for the fight against youth unemployment in the future MFF, namely EUR 6 billion, is insufficient and should be significantly increased in the negotiations; |
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3.

Considers that the budget allocated for the fight against youth unemployment in the future MFF, namely EUR 6 billion, is insufficient and should be significantly increased in the negotiations;

| 4. | Calls on the Council to further enhance the focus on young people by considering youth people as a mainstreamed priority in all EU programmes under the future MFF; |
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4.

Calls on the Council to further enhance the focus on young people by considering youth people as a mainstreamed priority in all EU programmes under the future MFF;

| 5. | Considers it regrettable that the ambitious announcements made by the European Council relating to commitments for youth are not reflected in equivalent financial commitments; notes that a large part of the ‘Growth Package’ announced in 2012 consisted of a partial reallocation of structural funding that had already been promised and committed; |
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5.

Considers it regrettable that the ambitious announcements made by the European Council relating to commitments for youth are not reflected in equivalent financial commitments; notes that a large part of the ‘Growth Package’ announced in 2012 consisted of a partial reallocation of structural funding that had already been promised and committed;

| 6. | Regrets the ambivalence shown by the Council, which is advocating additional resources for young people but is delaying negotiations on payments in connection with the amending budget for 2013, thereby threatening Erasmus scholarship payments; calls on the Council to adopt a more constructive approach by ceasing to widen the gap between payment appropriations and commitment appropriations in each annual budget; |
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6.

Regrets the ambivalence shown by the Council, which is advocating additional resources for young people but is delaying negotiations on payments in connection with the amending budget for 2013, thereby threatening Erasmus scholarship payments; calls on the Council to adopt a more constructive approach by ceasing to widen the gap between payment appropriations and commitment appropriations in each annual budget;

| 7. | Views the Open Method of Coordination (OMC) as an appropriate means for deciding youth policies; reiterates its call for closer cooperation on youth issues between the EU institutions; calls for broader involvement of the European Parliament; stresses that the OMC needs to be carried by a strong political will on the part of the Member States, so as to deliver maximum results; |
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7.

Views the Open Method of Coordination (OMC) as an appropriate means for deciding youth policies; reiterates its call for closer cooperation on youth issues between the EU institutions; calls for broader involvement of the European Parliament; stresses that the OMC needs to be carried by a strong political will on the part of the Member States, so as to deliver maximum results;

| 8. | Is disappointed that although the Member States were asked for specific measures in the first cycle of the EU Youth Strategy, very limited progress has been achieved; notes that in several cases the situation has worsened and that in many Member States no specific youth strategy is in place; |
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8.

Is disappointed that although the Member States were asked for specific measures in the first cycle of the EU Youth Strategy, very limited progress has been achieved; notes that in several cases the situation has worsened and that in many Member States no specific youth strategy is in place;

| 9. | Notes the impact of the first cycle of the Youth Strategy (2010-2012); stresses that the framework for cross-sectoral involvement of the Commission, the Member States and relevant stakeholders represents a good start but needs to be strengthened in the future by improving access to employment, education and training, thereby combating poverty and exclusion, while also using a cross-sectoral approach to spread practices across the relevant sectors; |
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9.

Notes the impact of the first cycle of the Youth Strategy (2010-2012); stresses that the framework for cross-sectoral involvement of the Commission, the Member States and relevant stakeholders represents a good start but needs to be strengthened in the future by improving access to employment, education and training, thereby combating poverty and exclusion, while also using a cross-sectoral approach to spread practices across the relevant sectors;

| 10. | Stresses the importance of the Structured Dialogue; calls on the Commission and the Member States to develop the concept and ensure a meaningful and consistent follow-up of the recommendations prepared by young people with their ministerial and institutional counterparts; further suggests reaching out directly to youth organisations and non-organised individuals at a local and regional level by ensuring that their voice is not being lost and that policy implementations lead to the positive development and empowerment of young people; |
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10.

Stresses the importance of the Structured Dialogue; calls on the Commission and the Member States to develop the concept and ensure a meaningful and consistent follow-up of the recommendations prepared by young people with their ministerial and institutional counterparts; further suggests reaching out directly to youth organisations and non-organised individuals at a local and regional level by ensuring that their voice is not being lost and that policy implementations lead to the positive development and empowerment of young people;

| 11. | Considers that the development of clear and user-friendly indicators regarding the situation of young people and youth policy can be further improved, especially concerning the autonomy and participation of young people, in order to better evaluate the impact of measures undertaken under the EU Youth Strategy; |
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11.

Considers that the development of clear and user-friendly indicators regarding the situation of young people and youth policy can be further improved, especially concerning the autonomy and participation of young people, in order to better evaluate the impact of measures undertaken under the EU Youth Strategy;

| 12. | Calls on the Member States to issue knowledge- and evidence-based reports on the social situation and living conditions of young people, and to draw up national action plans and implement them consistently; |
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12.

Calls on the Member States to issue knowledge- and evidence-based reports on the social situation and living conditions of young people, and to draw up national action plans and implement them consistently;

| 13. | Stresses that, from early childhood, special attention should be paid to vulnerable groups at high risk of social exclusion, including NEETs and disadvantaged youth, by providing them with real and tangible employment opportunities and encouraging their active participation in society; |
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13.

Stresses that, from early childhood, special attention should be paid to vulnerable groups at high risk of social exclusion, including NEETs and disadvantaged youth, by providing them with real and tangible employment opportunities and encouraging their active participation in society;

| 14. | Recognises the need for a cross-sectoral and balanced approach to the eight fields of action in the EU Youth Strategy; calls for the prioritisation in a time of crisis of a youth policy which is informed and shaped by the voice and aims of young people themselves; |
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14.

Recognises the need for a cross-sectoral and balanced approach to the eight fields of action in the EU Youth Strategy; calls for the prioritisation in a time of crisis of a youth policy which is informed and shaped by the voice and aims of young people themselves;

Challenges for the next cycle:

Education, training, innovation and funding

| 15. | Welcomes the new EU programme for education, training, youth and sport; underlines the need for robust funding for this programme and for both a separate chapter and a separate budget allocation for the youth part; |
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15.

Welcomes the new EU programme for education, training, youth and sport; underlines the need for robust funding for this programme and for both a separate chapter and a separate budget allocation for the youth part;

| 16. | Stresses that Member States and businesses should invest more in the right skills and diversify the types of training for jobs in demand, notably in technological sectors, by creating more flexible curricula, integrating entrepreneurship and transversal skills, in order to better adapt to future labour market developments; stresses the importance of enhancing youth mobility in particular by the early learning of foreign languages; calls on Member States to establish dual vocational education and training systems as an effective way of linking educational to labour market demands and reducing youth unemployment; |
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16.

Stresses that Member States and businesses should invest more in the right skills and diversify the types of training for jobs in demand, notably in technological sectors, by creating more flexible curricula, integrating entrepreneurship and transversal skills, in order to better adapt to future labour market developments; stresses the importance of enhancing youth mobility in particular by the early learning of foreign languages; calls on Member States to establish dual vocational education and training systems as an effective way of linking educational to labour market demands and reducing youth unemployment;

| 17. | Calls on the Member States to guarantee the total transferability of acquired social benefits so as not to jeopardise welfare protection for young workers who have opted for mobility; |
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17.

Calls on the Member States to guarantee the total transferability of acquired social benefits so as not to jeopardise welfare protection for young workers who have opted for mobility;

| 18. | Stresses the benefits of the knowledge triangle, and urges the Member States to undertake more initiatives and to intensify the interaction between the three sides of the triangle, thus ensuring that the interaction between research, education and innovation can help to develop jobs and growth; |
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18.

Stresses the benefits of the knowledge triangle, and urges the Member States to undertake more initiatives and to intensify the interaction between the three sides of the triangle, thus ensuring that the interaction between research, education and innovation can help to develop jobs and growth;

| 19. | Recognises that the new ‘Horizon 2020’ programme is an appropriate framework for boosting research, innovation and excellence in science; warns, however, that spending cuts in education in some Member States are jeopardising its objectives; calls on the Member States to establish the key priorities under the programme and to take full advantage of it; |
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19.

Recognises that the new ‘Horizon 2020’ programme is an appropriate framework for boosting research, innovation and excellence in science; warns, however, that spending cuts in education in some Member States are jeopardising its objectives; calls on the Member States to establish the key priorities under the programme and to take full advantage of it;

| 20. | Calls on the Commission and the Member States to examine and propose methods to increase innovation in national curricula at school level; |
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20.

Calls on the Commission and the Member States to examine and propose methods to increase innovation in national curricula at school level;

| 21. | Urges the Member States to strengthen, and remove existing cross-border barriers to, vocational training, orientation and apprenticeships, traineeships and internships, so as to make this form of education valued on a basis of equality, increase its connections with other educational pathways in a lifelong learning perspective, and better match the supply and demand of work-based training opportunities for young people, thereby improving mobility and employability, particularly in border regions; |
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21.

Urges the Member States to strengthen, and remove existing cross-border barriers to, vocational training, orientation and apprenticeships, traineeships and internships, so as to make this form of education valued on a basis of equality, increase its connections with other educational pathways in a lifelong learning perspective, and better match the supply and demand of work-based training opportunities for young people, thereby improving mobility and employability, particularly in border regions;

| 22. | Underlines the importance of addressing geographical mismatches between job supply and demand both within and between Member States, in particular through changes to the European Job Mobility Portal (EURES), in order to improve youth employment opportunities; |
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22.

Underlines the importance of addressing geographical mismatches between job supply and demand both within and between Member States, in particular through changes to the European Job Mobility Portal (EURES), in order to improve youth employment opportunities;

| 23. | Underlines the importance of strategic investment from the EU Structural Funds in regional development, competitiveness and the creation of high-quality apprenticeships, internships and sustainable and durable jobs, thus offering young people the widest possible opportunities for employment that respects the employee’s rights in every Member State, so that precarity and the risk of poverty can be significantly reduced; further underlines the importance of economic diversification into high-added-value sectors where appropriate, and the need for an emphasis on rural and disadvantaged areas; |
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23.

Underlines the importance of strategic investment from the EU Structural Funds in regional development, competitiveness and the creation of high-quality apprenticeships, internships and sustainable and durable jobs, thus offering young people the widest possible opportunities for employment that respects the employee’s rights in every Member State, so that precarity and the risk of poverty can be significantly reduced; further underlines the importance of economic diversification into high-added-value sectors where appropriate, and the need for an emphasis on rural and disadvantaged areas;

| 24. | Believes that in order to tackle youth unemployment the involvement of regional and local authorities in the design and implementation of the correct policy mix is fundamental; |
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24.

Believes that in order to tackle youth unemployment the involvement of regional and local authorities in the design and implementation of the correct policy mix is fundamental;

| 25. | Considers that the present high unemployment rates in certain Member States could have been avoided through intensive national and regional strategies aimed at encouraging companies to hire the youth workforce; |
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25.

Considers that the present high unemployment rates in certain Member States could have been avoided through intensive national and regional strategies aimed at encouraging companies to hire the youth workforce;

| 26. | Notes that alongside the EU employment strategies, cities and regions play an important role in assessing local employment markets, anticipating their needs and tailoring programmes for young people, and emphasises the importance of young people in their communities, including the island and outermost regions; calls on local and regional authorities to encourage active citizenship and to ensure that representatives of young people or youth associations participate in the different initiatives proposed by the EU; |
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26.

Notes that alongside the EU employment strategies, cities and regions play an important role in assessing local employment markets, anticipating their needs and tailoring programmes for young people, and emphasises the importance of young people in their communities, including the island and outermost regions; calls on local and regional authorities to encourage active citizenship and to ensure that representatives of young people or youth associations participate in the different initiatives proposed by the EU;

| 27. | Stresses the positive role that open education and open universities play in the learning process and in equipping students, including young adults, with the new skills that will be vital in the fight against unemployment; stresses that lifelong learning is a dynamic means of learning that addresses the current needs and interests of participants; |
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27.

Stresses the positive role that open education and open universities play in the learning process and in equipping students, including young adults, with the new skills that will be vital in the fight against unemployment; stresses that lifelong learning is a dynamic means of learning that addresses the current needs and interests of participants;

| 28. | Underlines the importance of the acquisition of transversal skills such as ICT skills, leadership skills, critical thinking and language skills, also by studying abroad, to improve the prospects of young people on the job market and their adaptability to future labour market developments; |
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28.

Underlines the importance of the acquisition of transversal skills such as ICT skills, leadership skills, critical thinking and language skills, also by studying abroad, to improve the prospects of young people on the job market and their adaptability to future labour market developments;

| 29. | Stresses the importance of informal and non-formal learning for the development of values, aptitudes and skills for young people, as well as for learning about citizenship and democratic involvement; calls on the Commission and the Member States to develop systems that recognise competences acquired through non-formal and informal learning, voluntary work, internships and social work, and to provide support for such activities in the framework of the new programmes for education, youth and citizenship; |
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29.

Stresses the importance of informal and non-formal learning for the development of values, aptitudes and skills for young people, as well as for learning about citizenship and democratic involvement; calls on the Commission and the Member States to develop systems that recognise competences acquired through non-formal and informal learning, voluntary work, internships and social work, and to provide support for such activities in the framework of the new programmes for education, youth and citizenship;

| 30. | Considers that there is still space for developing peer-learning in the field of education and training as a means of facilitating the exchange of good practices among Member States; |
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30.

Considers that there is still space for developing peer-learning in the field of education and training as a means of facilitating the exchange of good practices among Member States;

| 31. | Welcomes the recent commitments by the Member States and the Council to launch new youth initiatives with precise funding measures; calls on the Council to initiate similar policies in all Member States under the umbrella of a ‘New Deal’ for young people; |
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31.

Welcomes the recent commitments by the Member States and the Council to launch new youth initiatives with precise funding measures; calls on the Council to initiate similar policies in all Member States under the umbrella of a ‘New Deal’ for young people;

| 32. | Stresses the need to encourage women to embark on careers that have generally been considered as typically ‘masculine’, especially in the IT sector; |
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32.

Stresses the need to encourage women to embark on careers that have generally been considered as typically ‘masculine’, especially in the IT sector;

| 33. | Believes that early intervention and proactive labour market policies represent a shift from dealing with the symptoms of multi-generational deprivation towards identifying and managing risks early in life in order to prevent unemployment and facilitate reintegration; draws attention especially to those who are most marginalised and at greatest risk of unemployment; |
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33.

Believes that early intervention and proactive labour market policies represent a shift from dealing with the symptoms of multi-generational deprivation towards identifying and managing risks early in life in order to prevent unemployment and facilitate reintegration; draws attention especially to those who are most marginalised and at greatest risk of unemployment;

| 34. | Draws attention to the problems of inequalities at school level, truancy and the need to reduce dropout rates EU-wide; stresses the importance of increased funding in order to guarantee equal access to education as well as to reduce early school-leaving; points to the need to improve links and cooperation between actors in education, vocational training and youth work; calls for flexible learning pathways at EU and national level; |
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34.

Draws attention to the problems of inequalities at school level, truancy and the need to reduce dropout rates EU-wide; stresses the importance of increased funding in order to guarantee equal access to education as well as to reduce early school-leaving; points to the need to improve links and cooperation between actors in education, vocational training and youth work; calls for flexible learning pathways at EU and national level;

| 35. | Identifies the education-to-work transition as an especially important moment for young people, given that the beginning of their careers has a significant impact on their future development; stresses, in this connection, the important role that early childhood development can play in breaking the vicious intergenerational cycle of low human development for disadvantaged children; calls on the Member States to strengthen the provision of advice and guidance services at an early stage in order to improve young people’s ability to make sufficiently informed decisions about their future careers, thereby making it easier for them to acquire the necessary skills and to find work relevant to the needs of the labour market; emphasises the potential for job creation in sectors such as the green economy, health, social services and ICT; |
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35.

Identifies the education-to-work transition as an especially important moment for young people, given that the beginning of their careers has a significant impact on their future development; stresses, in this connection, the important role that early childhood development can play in breaking the vicious intergenerational cycle of low human development for disadvantaged children; calls on the Member States to strengthen the provision of advice and guidance services at an early stage in order to improve young people’s ability to make sufficiently informed decisions about their future careers, thereby making it easier for them to acquire the necessary skills and to find work relevant to the needs of the labour market; emphasises the potential for job creation in sectors such as the green economy, health, social services and ICT;

| 36. | Stresses the importance of improving the policies aimed at easing the transition from education to employment by ensuring quality apprenticeships and traineeships; |
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36.

Stresses the importance of improving the policies aimed at easing the transition from education to employment by ensuring quality apprenticeships and traineeships;

| 37. | Asks the Member States to target young people who are not in education, training or employment, in order to offer them quality learning and training so that they can gain the skills and experience they need to enter employment, including, for some, by facilitating their re-entry into the educational system; |
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37.

Asks the Member States to target young people who are not in education, training or employment, in order to offer them quality learning and training so that they can gain the skills and experience they need to enter employment, including, for some, by facilitating their re-entry into the educational system;

| 38. | Calls for special attention to be given to the youth prison population in order to facilitate their reintegration into society; |
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38.

Calls for special attention to be given to the youth prison population in order to facilitate their reintegration into society;

| 39. | Calls on the Commission to reinforce the existing flagship initiative ‘Youth on the Move’ with new slogans such as ‘No young people out of education’ and ‘No young people out of the labour market’; |
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39.

Calls on the Commission to reinforce the existing flagship initiative ‘Youth on the Move’ with new slogans such as ‘No young people out of education’ and ‘No young people out of the labour market’;

| 40. | Recalls the risk of depriving several Member States of their talented youth, thus creating a potential brain drain; stresses that this may impede those Member States from achieving economic recovery and viable growth; calls on the Commission and Council fully to take this into account when proposing and implementing policies in the future; |
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40.

Recalls the risk of depriving several Member States of their talented youth, thus creating a potential brain drain; stresses that this may impede those Member States from achieving economic recovery and viable growth; calls on the Commission and Council fully to take this into account when proposing and implementing policies in the future;

| 41. | Stresses that the creative sector can offer further and new opportunities for young people to develop their talent and skills; reminds the Commission and the Member States that new technologies empower young people's creativity; |
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41.

Stresses that the creative sector can offer further and new opportunities for young people to develop their talent and skills; reminds the Commission and the Member States that new technologies empower young people's creativity;

| 42. | Stresses that culture in Europe represents an important share of GDP, and calls on the Member States to further encourage initiatives promoting sustainable jobs for young people in this sector; |
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42.

Stresses that culture in Europe represents an important share of GDP, and calls on the Member States to further encourage initiatives promoting sustainable jobs for young people in this sector;

Youth employment and entrepreneurship

| 43. | Emphasises the importance of the socio-economic and territorial cohesion of the European Union, as specified in Article 174 TFEU, in achieving the objectives of the EU Youth Strategy, namely creating more and equal opportunities for all young people, promoting social inclusion, gender equality and solidarity for all young people, reducing the risk of poverty and increasing the proportion of the population in employment, in the context of ongoing debt reduction measures, rising youth unemployment and divergent levels of educational achievement and training; |
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43.

Emphasises the importance of the socio-economic and territorial cohesion of the European Union, as specified in Article 174 TFEU, in achieving the objectives of the EU Youth Strategy, namely creating more and equal opportunities for all young people, promoting social inclusion, gender equality and solidarity for all young people, reducing the risk of poverty and increasing the proportion of the population in employment, in the context of ongoing debt reduction measures, rising youth unemployment and divergent levels of educational achievement and training;

| 44. | Urges the Member States to take full advantage of the EU Structural Funds for 2007-2013, especially the ESF; calls on the Commission to keep Parliament regularly informed on the progress made by the Member States; |
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44.

Urges the Member States to take full advantage of the EU Structural Funds for 2007-2013, especially the ESF; calls on the Commission to keep Parliament regularly informed on the progress made by the Member States;

| 45. | Asks the Commission and the Member States to mobilise all available funds, in particular in the framework of the Structural Funds, for a programme to stimulate investment in training and jobs with a view to combating the unacceptably high rate of youth unemployment, including the encouragement of business development for young people through entrepreneurship; welcomes the Youth Employment Initiative and urges the Member States and regions concerned to make full use of the funding available from the ESF and the special allocation; |
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45.

Asks the Commission and the Member States to mobilise all available funds, in particular in the framework of the Structural Funds, for a programme to stimulate investment in training and jobs with a view to combating the unacceptably high rate of youth unemployment, including the encouragement of business development for young people through entrepreneurship; welcomes the Youth Employment Initiative and urges the Member States and regions concerned to make full use of the funding available from the ESF and the special allocation;

| 46. | Welcomes the new EU initiative for a Youth Guarantee scheme, to be extended also to young people under 30, which should provide them with the skills needed in the labour market ensuring them high-quality, meaningful and relevant opportunities; calls on the Member States to commit themselves to implementing the scheme in an efficient and timely manner and to fully exploit the opportunities offered under the new youth employment fund made available in the new MFF; highlights the need for sufficient funding for the initiative through the ESF and other past and future EU Structural Funds; considers the budget as indicated by the Council for the 7-year period to be insufficient; |
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46.

Welcomes the new EU initiative for a Youth Guarantee scheme, to be extended also to young people under 30, which should provide them with the skills needed in the labour market ensuring them high-quality, meaningful and relevant opportunities; calls on the Member States to commit themselves to implementing the scheme in an efficient and timely manner and to fully exploit the opportunities offered under the new youth employment fund made available in the new MFF; highlights the need for sufficient funding for the initiative through the ESF and other past and future EU Structural Funds; considers the budget as indicated by the Council for the 7-year period to be insufficient;

| 47. | Stresses, however, that the Youth Guarantee Scheme cannot replace the structural efforts and reforms needed to make the education systems and labour markets in some Member States fit for the challenges of the future; |
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47.

Stresses, however, that the Youth Guarantee Scheme cannot replace the structural efforts and reforms needed to make the education systems and labour markets in some Member States fit for the challenges of the future;

| 48. | Calls on the Commission to provide incentives and technical support for young people to create their own businesses, under the slogan: ‘If you can’t find a job, just create one’; |
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48.

Calls on the Commission to provide incentives and technical support for young people to create their own businesses, under the slogan: ‘If you can’t find a job, just create one’;

| 49. | Proposes to enhance the entrepreneurial spirit among young people by facilitating access to microcredit and microfinance instruments; |
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49.

Proposes to enhance the entrepreneurial spirit among young people by facilitating access to microcredit and microfinance instruments;

| 50. | Considers that fiscal consolidation should not be implemented in a way that affects jobs for young people; calls on the Member States to provide more incentives for supporting quality employment for young people, such as relief on taxes and social contributions and establishing appropriate labour market legislation; |
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50.

Considers that fiscal consolidation should not be implemented in a way that affects jobs for young people; calls on the Member States to provide more incentives for supporting quality employment for young people, such as relief on taxes and social contributions and establishing appropriate labour market legislation;

| 51. | Recognises that social enterprises can play an important role in promoting high-quality jobs and fighting poverty and social exclusion, by investing in education and training for young Europeans; |
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51.

Recognises that social enterprises can play an important role in promoting high-quality jobs and fighting poverty and social exclusion, by investing in education and training for young Europeans;

| 52. | Stresses the need for Member States to provide a safety net for failed start-ups; calls on them to eliminate red tape; |
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52.

Stresses the need for Member States to provide a safety net for failed start-ups; calls on them to eliminate red tape;

New technologies and social media

| 53. | Calls on the Commission to launch a survey to monitor the impact of new technologies and social media on young people’s lives; |
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53.

Calls on the Commission to launch a survey to monitor the impact of new technologies and social media on young people’s lives;

| 54. | Stresses the need for Member States to implement strategies supporting young people’s access to ICT; |
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54.

Stresses the need for Member States to implement strategies supporting young people’s access to ICT;

| 55. | Calls on the Commission to take advantage of the dynamism of social media in education, training and youth participation in order to increase employability and enhance entrepreneurship, innovation and culture; |
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55.

Calls on the Commission to take advantage of the dynamism of social media in education, training and youth participation in order to increase employability and enhance entrepreneurship, innovation and culture;

| 56. | Emphasises the need to protect young people from all forms of abuse, including online attacks and abuse relating to their personal data and health; |
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56.

Emphasises the need to protect young people from all forms of abuse, including online attacks and abuse relating to their personal data and health;

| 57. | Stresses the need to improve communication and uptake in respect of the Commission’s youth initiatives (e.g. the European Youth Portal), through social networks and increased engagement with youth organisations and youth representatives; |
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57.

Stresses the need to improve communication and uptake in respect of the Commission’s youth initiatives (e.g. the European Youth Portal), through social networks and increased engagement with youth organisations and youth representatives;

| 58. | Welcomes the announced Commission communication ‘Opening Up Education’ aimed at improving the efficiency, accessibility and equity of education, training and learning systems by strengthening the integration of ICT and new technologies in education and training; calls on all Member States to encourage initiatives to open up education, for example through the introduction of Massive Open Online Courses (MOOCs); |
| --- | --- |

58.

Welcomes the announced Commission communication ‘Opening Up Education’ aimed at improving the efficiency, accessibility and equity of education, training and learning systems by strengthening the integration of ICT and new technologies in education and training; calls on all Member States to encourage initiatives to open up education, for example through the introduction of Massive Open Online Courses (MOOCs);

Youth participation and European citizenship

| 59. | Welcomes the fact that 2013 has been declared the European Year of Citizens; stresses the need to better involve young people by encouraging them to share their vision for the EU’s future; |
| --- | --- |

59.

Welcomes the fact that 2013 has been declared the European Year of Citizens; stresses the need to better involve young people by encouraging them to share their vision for the EU’s future;

| 60. | Calls on the Commission to continue and increase its support for the European youth card, in order to facilitate young people’s access to culture throughout the EU; |
| --- | --- |

60.

Calls on the Commission to continue and increase its support for the European youth card, in order to facilitate young people’s access to culture throughout the EU;

| 61. | Stresses the vital importance of sport, exercise and social activities for encouraging youth participation as a tool that can have a huge impact on local communities and can help address many of the societal challenges facing youth, such as tackling social exclusion and giving young people a sense of pride and self-worth; stresses, furthermore, that the physical and mental benefits of exercise help make young people fit for work; |
| --- | --- |

61.

Stresses the vital importance of sport, exercise and social activities for encouraging youth participation as a tool that can have a huge impact on local communities and can help address many of the societal challenges facing youth, such as tackling social exclusion and giving young people a sense of pride and self-worth; stresses, furthermore, that the physical and mental benefits of exercise help make young people fit for work;

| 62. | Underlines the importance of conveying solid youth-oriented messages on the part of the EU, supported by actual policies in view of the 2014 European elections; |
| --- | --- |

62.

Underlines the importance of conveying solid youth-oriented messages on the part of the EU, supported by actual policies in view of the 2014 European elections;

| 63. | Calls on the Commission to develop more initiatives to strengthen EU integration; urges the Member States to incorporate European studies courses into education curricula; |
| --- | --- |

63.

Calls on the Commission to develop more initiatives to strengthen EU integration; urges the Member States to incorporate European studies courses into education curricula;

| 64. | Stresses the importance of using information and communication technologies, including social networks, with the specific aim of deepening participation; |
| --- | --- |

64.

Stresses the importance of using information and communication technologies, including social networks, with the specific aim of deepening participation;

| 65. | Stresses the need to develop more outreach programmes for marginalised groups and to provide support for the youth sector to develop its structures and channels of communication so as to reach out to more young people, particularly those at risk of social exclusion; |
| --- | --- |

65.

Stresses the need to develop more outreach programmes for marginalised groups and to provide support for the youth sector to develop its structures and channels of communication so as to reach out to more young people, particularly those at risk of social exclusion;

| 66. | Underlines the importance of the ‘Youth in Action’ programme, which promotes young people’s active citizenship, develops solidarity and promotes tolerance among young people; |
| --- | --- |

66.

Underlines the importance of the ‘Youth in Action’ programme, which promotes young people’s active citizenship, develops solidarity and promotes tolerance among young people;

| 67. | Stresses the role of youth organisations, as the main channel for participation, and of volunteers, and that this needs to be strengthened through support mechanisms, suitable legal frameworks and clear identification of rights and responsibilities as outlined in the European Charter on the Rights of Volunteers; calls on the Commission and the Member States to secure political and financial support for youth work, and especially for youth organisations involved in EU projects; |
| --- | --- |

67.

Stresses the role of youth organisations, as the main channel for participation, and of volunteers, and that this needs to be strengthened through support mechanisms, suitable legal frameworks and clear identification of rights and responsibilities as outlined in the European Charter on the Rights of Volunteers; calls on the Commission and the Member States to secure political and financial support for youth work, and especially for youth organisations involved in EU projects;

| 68. | Considers the possibility for young people to live an autonomous life as the overriding priority that the youth strategy should address in the forthcoming period; for this reason, calls on the Commission and the Member States to focus cooperation in the youth field on youth autonomy and the participation of all young people in society; |
| --- | --- |

68.

Considers the possibility for young people to live an autonomous life as the overriding priority that the youth strategy should address in the forthcoming period; for this reason, calls on the Commission and the Member States to focus cooperation in the youth field on youth autonomy and the participation of all young people in society;

General principles

| 69. | Underlines the importance of eliminating all kinds of discrimination among young people, including discrimination based on gender, racial or ethnic origin, religion, disability, age and sexual orientation; |
| --- | --- |

69.

Underlines the importance of eliminating all kinds of discrimination among young people, including discrimination based on gender, racial or ethnic origin, religion, disability, age and sexual orientation;

| 70. | Stresses that the fight against gender inequalities and stereotypes should be an integral part of an effective youth policy in order to prevent and eliminate, in particular, violence against women; |
| --- | --- |

70.

Stresses that the fight against gender inequalities and stereotypes should be an integral part of an effective youth policy in order to prevent and eliminate, in particular, violence against women;

| 71. | Stresses the importance of recognising and engaging directly with young people as a priority group in the EU’s social vision, thereby enhancing their influence, development, wellbeing and social inclusion; |
| --- | --- |

71.

Stresses the importance of recognising and engaging directly with young people as a priority group in the EU’s social vision, thereby enhancing their influence, development, wellbeing and social inclusion;

| 72. | Emphasises the need to provide efficient and individualised support to young people with disabilities; |
| --- | --- |

72.

Emphasises the need to provide efficient and individualised support to young people with disabilities;

o

o o

| 73. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

73.

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

---

(1)  OJ C 161 E, 31.5.2011, p. 21.

(2)  OJ C 119, 28.5.2009, p. 2.

(3)  OJ C 377 E, 7.12.2012, p. 77.

(4)  Eurofound (2012), ‘NEETs — Young people not in employment, education or training: Characteristics, costs and policy responses in Europe’, Publications Office of the European Union, Luxembourg.

(5)  Eurofound (2012), ‘NEETs — Young people not in employment, education or training: Characteristics, costs and policy responses in Europe’. Publications Office of the European Union, Luxembourg.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/70 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/70

---

P7_TA(2013)0365

Tackling youth unemployment: possible ways out

European Parliament resolution of 11 September 2013 on tackling youth unemployment: possible ways out (2013/2045(INI))

(2016/C 093/10)

The European Parliament,

| — | having regard to its resolution of 6 July 2010 on ‘Promoting youth access to the labour market, strengthening trainee, internship and apprenticeship status’ (1), |
| --- | --- |

—

having regard to its resolution of 6 July 2010 on ‘Promoting youth access to the labour market, strengthening trainee, internship and apprenticeship status’ (1),

| — | having regard to the Commission communication ‘Youth Opportunities Initiative’ (COM(2011)0933), and to its resolution of 24 May 2012 on the Youth Opportunities Initiative (2) and its question for oral answer to the Commission on the Youth Opportunities Initiative (3), |
| --- | --- |

—

having regard to the Commission communication ‘Youth Opportunities Initiative’ (COM(2011)0933), and to its resolution of 24 May 2012 on the Youth Opportunities Initiative (2) and its question for oral answer to the Commission on the Youth Opportunities Initiative (3),

| — | having regard to the Commission communication on the implementation of the Youth Opportunities Initiative (COM(2012)0727), |
| --- | --- |

—

having regard to the Commission communication on the implementation of the Youth Opportunities Initiative (COM(2012)0727),

| — | having regard to the Commission communication ‘Youth on the Move’ (COM(2010)0478), |
| --- | --- |

—

having regard to the Commission communication ‘Youth on the Move’ (COM(2010)0478),

| — | having regard to the Council conclusions, adopted in Luxembourg on 17 June 2011, on promoting youth employment to achieve the Europe 2020 objectives, |
| --- | --- |

—

having regard to the Council conclusions, adopted in Luxembourg on 17 June 2011, on promoting youth employment to achieve the Europe 2020 objectives,

| — | having regard to the European Council conclusions of 7 February 2013 on a Youth Employment Initiative, |
| --- | --- |

—

having regard to the European Council conclusions of 7 February 2013 on a Youth Employment Initiative,

| — | having regard to the Commission proposal of 5 December 2012 entitled ‘Towards a quality framework on traineeships. Second-stage consultation of the social partners at European level under Article 154 TFEU’ (COM(2012)0728), |
| --- | --- |

—

having regard to the Commission proposal of 5 December 2012 entitled ‘Towards a quality framework on traineeships. Second-stage consultation of the social partners at European level under Article 154 TFEU’ (COM(2012)0728),

| — | having regard to the Commission proposal for a Council recommendation of 5 December 2012 on a Youth Guarantee (COM(2012)0729), |
| --- | --- |

—

having regard to the Commission proposal for a Council recommendation of 5 December 2012 on a Youth Guarantee (COM(2012)0729),

| — | having regard to the Eurofound report of 13 June 2012 entitled ‘Youth Guarantee: Experiences from Finland and Sweden’, |
| --- | --- |

—

having regard to the Eurofound report of 13 June 2012 entitled ‘Youth Guarantee: Experiences from Finland and Sweden’,

| — | having regard to its resolution of 16 January 2013 on a Youth Guarantee (4), |
| --- | --- |

—

having regard to its resolution of 16 January 2013 on a Youth Guarantee (4),

| — | having regard to the political agreement reached in Council on 28 February 2013 on a Council recommendation on establishing a Youth Guarantee, |
| --- | --- |

—

having regard to the political agreement reached in Council on 28 February 2013 on a Council recommendation on establishing a Youth Guarantee,

| — | having regard to the Commission communication of 27 April 2009 entitled ‘An EU Strategy for Youth — Investing and Empowering. A renewed open method of coordination to address youth challenges and opportunities’ (COM(2009)0200), |
| --- | --- |

—

having regard to the Commission communication of 27 April 2009 entitled ‘An EU Strategy for Youth — Investing and Empowering. A renewed open method of coordination to address youth challenges and opportunities’ (COM(2009)0200),

| — | having regard to the proposal for an amendment to the Commission document ‘Proposal for a regulation of the European Parliament and of the Council on the European Social Fund and repealing Council Regulation (EC) No 1081/2006’ (COM(2011)0607), |
| --- | --- |

—

having regard to the proposal for an amendment to the Commission document ‘Proposal for a regulation of the European Parliament and of the Council on the European Social Fund and repealing Council Regulation (EC) No 1081/2006’ (COM(2011)0607),

| — | having regard to the statement by the Members of the European Council of 30 January 2012 entitled ‘Towards growth-friendly consolidation and job-friendly growth’, |
| --- | --- |

—

having regard to the statement by the Members of the European Council of 30 January 2012 entitled ‘Towards growth-friendly consolidation and job-friendly growth’,

| — | having regard to its resolution of 25 October 2011 on mobility and inclusion of people with disabilities and the European Disability Strategy 2010-2020 (5), |
| --- | --- |

—

having regard to its resolution of 25 October 2011 on mobility and inclusion of people with disabilities and the European Disability Strategy 2010-2020 (5),

| — | having regard to the European Quality Charter of Internships and Apprenticeships, developed by the European Youth Forum together with social partners and other stakeholders, |
| --- | --- |

—

having regard to the European Quality Charter of Internships and Apprenticeships, developed by the European Youth Forum together with social partners and other stakeholders,

| — | having regard to the Eurofound report of 22 October 2012 entitled ‘NEETs: young people not in employment, education or training: characteristics, costs and policy responses in Europe’ (6), |
| --- | --- |

—

having regard to the Eurofound report of 22 October 2012 entitled ‘NEETs: young people not in employment, education or training: characteristics, costs and policy responses in Europe’ (6),

| — | having regard to the Eurofound report of 21 December 2012 entitled ‘Effectiveness of policy measures to increase the employment participation of young people’ (7), |
| --- | --- |

—

having regard to the Eurofound report of 21 December 2012 entitled ‘Effectiveness of policy measures to increase the employment participation of young people’ (7),

| — | having regard to the Eurofound report of 29 April 2011 entitled ‘Helping young workers during the crisis: contributions by social partners and public authorities’ (8), |
| --- | --- |

—

having regard to the Eurofound report of 29 April 2011 entitled ‘Helping young workers during the crisis: contributions by social partners and public authorities’ (8),

| — | having regard to its resolution of 14 March 2013 on the integration of migrants, its effects on the labour market and the external dimension of social security coordination in the EU (9), |
| --- | --- |

—

having regard to its resolution of 14 March 2013 on the integration of migrants, its effects on the labour market and the external dimension of social security coordination in the EU (9),

| — | having regard to the Eurofound report of 7 February 2012 entitled ‘Recent policy developments related to those not in employment, education and training (NEETs)’ (10), |
| --- | --- |

—

having regard to the Eurofound report of 7 February 2012 entitled ‘Recent policy developments related to those not in employment, education and training (NEETs)’ (10),

| — | having regard to the Eurofound report of 15 January 2013 entitled ‘Active inclusion of young people with disabilities or health problems’ (11), |
| --- | --- |

—

having regard to the Eurofound report of 15 January 2013 entitled ‘Active inclusion of young people with disabilities or health problems’ (11),

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Regional Development, the Committee on Culture and Education and the Committee on Women’s Rights and Gender Equality (A7-0275/2013), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Regional Development, the Committee on Culture and Education and the Committee on Women’s Rights and Gender Equality (A7-0275/2013),

| A. | whereas in June 2013 23,5 % of active young people were jobless, with the rates ranging from 10 % or less in Austria and Germany to 64,2 % in Greece, indicating marked geographical differences both between and within Member States; whereas the most recent data and forecasts indicate a continued deterioration in the situation facing young people in some Member States; |
| --- | --- |

A.

whereas in June 2013 23,5 % of active young people were jobless, with the rates ranging from 10 % or less in Austria and Germany to 64,2 % in Greece, indicating marked geographical differences both between and within Member States; whereas the most recent data and forecasts indicate a continued deterioration in the situation facing young people in some Member States;

| B. | whereas unemployment among women aged below 25 continues to rise, having increased from 18,8 % in 2009 to 22,1 % in 2012 and, according to the latest available data, now stands at 22,9 %; whereas attitudes such as discouragement, self-exclusion and disaffection with work are becoming increasingly widespread; whereas young women still face worse labour market conditions than young men, and whereas this is resulting in a significant loss of economic growth potential for Europe through under-utilisation of the skills of highly qualified women; |
| --- | --- |

B.

whereas unemployment among women aged below 25 continues to rise, having increased from 18,8 % in 2009 to 22,1 % in 2012 and, according to the latest available data, now stands at 22,9 %; whereas attitudes such as discouragement, self-exclusion and disaffection with work are becoming increasingly widespread; whereas young women still face worse labour market conditions than young men, and whereas this is resulting in a significant loss of economic growth potential for Europe through under-utilisation of the skills of highly qualified women;

| C. | whereas in 2011 7,5 million young people aged 15-24 and 6,5 million aged 25-29 were not in education, employment or training (NEETs), among them members of vulnerable groups; whereas this could lead to serious personal and social consequences such as insecure future employment prospects and poverty and social exclusion, or even mental and physical dysfunctions; whereas these problems are likely to increase in the near future, and whereas they have serious financial implications for Member States’ welfare systems; |
| --- | --- |

C.

whereas in 2011 7,5 million young people aged 15-24 and 6,5 million aged 25-29 were not in education, employment or training (NEETs), among them members of vulnerable groups; whereas this could lead to serious personal and social consequences such as insecure future employment prospects and poverty and social exclusion, or even mental and physical dysfunctions; whereas these problems are likely to increase in the near future, and whereas they have serious financial implications for Member States’ welfare systems;

| D. | whereas having 14 million NEETs calls for far greater efforts on the part of the Member States and the European institutions to reintegrate young people into the labour market; whereas young people across Europe have significantly differing needs, and therefore any labour market integration measures must be tailored to the needs of each specific group, and where possible also include personal assessment policies; |
| --- | --- |

D.

whereas having 14 million NEETs calls for far greater efforts on the part of the Member States and the European institutions to reintegrate young people into the labour market; whereas young people across Europe have significantly differing needs, and therefore any labour market integration measures must be tailored to the needs of each specific group, and where possible also include personal assessment policies;

| E. | whereas in 2011 the economic loss due to the disengagement of young people from the labour market was estimated at EUR 153 billion in the Member States, corresponding to 1,2 % of EU GDP (12); whereas this sum exceeds by far the estimated EUR 10 billion which would be needed to create 2 million new jobs for young people (13); whereas this represents a serious long-term social and economic burden for the EU as a whole; |
| --- | --- |

E.

whereas in 2011 the economic loss due to the disengagement of young people from the labour market was estimated at EUR 153 billion in the Member States, corresponding to 1,2 % of EU GDP (12); whereas this sum exceeds by far the estimated EUR 10 billion which would be needed to create 2 million new jobs for young people (13); whereas this represents a serious long-term social and economic burden for the EU as a whole;

| F. | whereas youth unemployment is an important contributing factor to the sharp rise in migration that is taking place in a number of Member States; whereas only a very small minority of those who opt for mobility and migration do so voluntarily, rather than in response to economic imperatives; |
| --- | --- |

F.

whereas youth unemployment is an important contributing factor to the sharp rise in migration that is taking place in a number of Member States; whereas only a very small minority of those who opt for mobility and migration do so voluntarily, rather than in response to economic imperatives;

| G. | whereas major investment is needed in the EU to create growth and jobs and boost domestic demand; whereas an investment package amounting to 2 % of EU GDP is needed to bring about a significant improvement in the short-term economic situation and in the state of affairs on the labour markets of the Member States; whereas this measure would primarily benefit young people, as the group hardest hit by the crisis; |
| --- | --- |

G.

whereas major investment is needed in the EU to create growth and jobs and boost domestic demand; whereas an investment package amounting to 2 % of EU GDP is needed to bring about a significant improvement in the short-term economic situation and in the state of affairs on the labour markets of the Member States; whereas this measure would primarily benefit young people, as the group hardest hit by the crisis;

| H. | whereas young people are particularly disadvantaged during economic crises, more so than most groups; whereas for many young people current unemployment can be expected to turn into long-term unemployment, greatly increasing the risk of social exclusion; whereas this has alarming consequences for young individuals, lowering their self-esteem, leaving their ambitions unrealised, reducing their earnings and career prospects and delaying their possibilities of assuming an independent adult life including starting a family, and consequently also for society, negatively impacting on the social, economic and demographic situation in Europe in both the short and the long term and increasing the likelihood of young people experiencing poverty in old age as a result of their inability to pay pension contributions throughout their working lives; |
| --- | --- |

H.

whereas young people are particularly disadvantaged during economic crises, more so than most groups; whereas for many young people current unemployment can be expected to turn into long-term unemployment, greatly increasing the risk of social exclusion; whereas this has alarming consequences for young individuals, lowering their self-esteem, leaving their ambitions unrealised, reducing their earnings and career prospects and delaying their possibilities of assuming an independent adult life including starting a family, and consequently also for society, negatively impacting on the social, economic and demographic situation in Europe in both the short and the long term and increasing the likelihood of young people experiencing poverty in old age as a result of their inability to pay pension contributions throughout their working lives;

| I. | whereas Article 13 of the EC Treaty specifically empowers the Community to combat discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation; whereas despite Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, young women still suffer age and gender discrimination when they enter the labour market; |
| --- | --- |

I.

whereas Article 13 of the EC Treaty specifically empowers the Community to combat discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation; whereas despite Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, young women still suffer age and gender discrimination when they enter the labour market;

| J. | whereas despite high overall levels of youth unemployment, approximately four million jobs are vacant in the EU (14) due to skills mismatches; whereas in certain fields, such as the ICT and R&D sectors, there is a persistent and increasing demand for highly-qualified staff which is not met; |
| --- | --- |

J.

whereas despite high overall levels of youth unemployment, approximately four million jobs are vacant in the EU (14) due to skills mismatches; whereas in certain fields, such as the ICT and R&D sectors, there is a persistent and increasing demand for highly-qualified staff which is not met;

| K. | whereas the ILO has recommended a budget of EUR 21 billion, equivalent to 0,5 % of all spending in the eurozone, for the full implementation of a youth guarantee in the EU; |
| --- | --- |

K.

whereas the ILO has recommended a budget of EUR 21 billion, equivalent to 0,5 % of all spending in the eurozone, for the full implementation of a youth guarantee in the EU;

| L. | whereas in the context of the Europe 2020 strategy the EU has undertaken to raise education levels, reduce school dropout rates to less than 10 % by 2020, increase the rate of completion of tertiary or equivalent education among people in the 30-34 age group to at least 40 %, and increase the employment rate in the 20-64 age group to 75 %; |
| --- | --- |

L.

whereas in the context of the Europe 2020 strategy the EU has undertaken to raise education levels, reduce school dropout rates to less than 10 % by 2020, increase the rate of completion of tertiary or equivalent education among people in the 30-34 age group to at least 40 %, and increase the employment rate in the 20-64 age group to 75 %;

| M. | whereas the crisis has led to an increase in the number of people, and in particular young people, in insecure employment, and whereas many full-time jobs have been replaced by work performed by people on short-term contracts, part-time work and unpaid work; |
| --- | --- |

M.

whereas the crisis has led to an increase in the number of people, and in particular young people, in insecure employment, and whereas many full-time jobs have been replaced by work performed by people on short-term contracts, part-time work and unpaid work;

| N. | whereas more and more young people are being forced to take both unpaid and paid traineeships, a state of affairs which is discriminatory towards those who are less well-off; whereas the problem of the exploitation of trainees as cheap labour must be acknowledged, and a set of quality criteria for traineeships is therefore needed; |
| --- | --- |

N.

whereas more and more young people are being forced to take both unpaid and paid traineeships, a state of affairs which is discriminatory towards those who are less well-off; whereas the problem of the exploitation of trainees as cheap labour must be acknowledged, and a set of quality criteria for traineeships is therefore needed;

| O. | whereas SMEs and micro-enterprises, which are a driving force for economic growth and job creation and for achieving the goals of the Europe 2020 strategy, have shed more than 3,5 million jobs and significantly cut recruitment as a result of the economic crisis, and workplace closures have affected all workers, young people hardest of all; |
| --- | --- |

O.

whereas SMEs and micro-enterprises, which are a driving force for economic growth and job creation and for achieving the goals of the Europe 2020 strategy, have shed more than 3,5 million jobs and significantly cut recruitment as a result of the economic crisis, and workplace closures have affected all workers, young people hardest of all;

| P. | whereas young people have the right to quality employment in accordance with their skills; whereas quality employment is fundamental to the dignity and autonomy of Europe's youth; |
| --- | --- |

P.

whereas young people have the right to quality employment in accordance with their skills; whereas quality employment is fundamental to the dignity and autonomy of Europe's youth;

| Q. | whereas the economic crisis which became visible in 2008 has negatively affected both demand and supply on the labour market, thus dramatically increasing uncertainty over job prospects and making it essential for all unemployed people to be better informed about employment prospects; whereas education, training and skills development are often inaccessible for the most deprived groups, including young people with disabilities; |
| --- | --- |

Q.

whereas the economic crisis which became visible in 2008 has negatively affected both demand and supply on the labour market, thus dramatically increasing uncertainty over job prospects and making it essential for all unemployed people to be better informed about employment prospects; whereas education, training and skills development are often inaccessible for the most deprived groups, including young people with disabilities;

| R. | whereas, by virtue of their emphasis on practical skills, dual education systems that combine classroom teaching with vocational training, and combined academic-vocational degree courses existing in a number of Member States, have proven their value during the crisis; whereas the Commission has repeatedly noted that effective dual education systems can guarantee a steady supply of qualified workers while keeping youth unemployment rates low; |
| --- | --- |

R.

whereas, by virtue of their emphasis on practical skills, dual education systems that combine classroom teaching with vocational training, and combined academic-vocational degree courses existing in a number of Member States, have proven their value during the crisis; whereas the Commission has repeatedly noted that effective dual education systems can guarantee a steady supply of qualified workers while keeping youth unemployment rates low;

| S. | whereas the transition from full-time education to the labour market is a turning-point in the lives of young people and one which has a decisive bearing on their career prospects, lifetime earning potential and long-term social circumstances; whereas, in this context, education policy cannot be divorced from labour market policy; |
| --- | --- |

S.

whereas the transition from full-time education to the labour market is a turning-point in the lives of young people and one which has a decisive bearing on their career prospects, lifetime earning potential and long-term social circumstances; whereas, in this context, education policy cannot be divorced from labour market policy;

| T. | whereas the economic crisis which began in 2008 has negatively affected both demand and supply on the labour market, thus dramatically increasing uncertainty over job prospects and making it essential to address the issue of investment by Member States in job creation, training and education; whereas the consequences of the crisis may include increased social conflict and unrest; |
| --- | --- |

T.

whereas the economic crisis which began in 2008 has negatively affected both demand and supply on the labour market, thus dramatically increasing uncertainty over job prospects and making it essential to address the issue of investment by Member States in job creation, training and education; whereas the consequences of the crisis may include increased social conflict and unrest;

| U. | whereas employment agencies play a key role in the labour market and should therefore be required to meet stringent quality standards and to have their compliance with those standards checked by the competent authorities; whereas those quality standards and the requirement to undergo checks should apply in the same way to both public and private employment agencies; |
| --- | --- |

U.

whereas employment agencies play a key role in the labour market and should therefore be required to meet stringent quality standards and to have their compliance with those standards checked by the competent authorities; whereas those quality standards and the requirement to undergo checks should apply in the same way to both public and private employment agencies;

| V. | whereas part of the solution for unemployment may be the development of high-quality vocational education and training systems, with highly qualified teachers and trainers, innovative learning methods, high-quality infrastructure and facilities and a high labour market relevance, offering pathways to further education and training; |
| --- | --- |

V.

whereas part of the solution for unemployment may be the development of high-quality vocational education and training systems, with highly qualified teachers and trainers, innovative learning methods, high-quality infrastructure and facilities and a high labour market relevance, offering pathways to further education and training;

| W. | whereas young people account for 40 % of those employed on temporary contracts, but make up just 13 % of total employment, and one in five young people fear losing their jobs; |
| --- | --- |

W.

whereas young people account for 40 % of those employed on temporary contracts, but make up just 13 % of total employment, and one in five young people fear losing their jobs;

| X. | whereas in some Member States an increasing gap between the skills of graduates and the skills requirements of the labour market can be observed; |
| --- | --- |

X.

whereas in some Member States an increasing gap between the skills of graduates and the skills requirements of the labour market can be observed;

| Y. | whereas taking account of the requirements of the labour market should not preclude children from acquiring the broadest possible foundation of knowledge, as that is the best way of ensuring they will be able to adapt to the vagaries of the employment market and of life in general; whereas most studies demonstrate the importance of providing quality education from the earliest school years as a means of preventing early school-leaving and ensuring that children from the most disadvantaged social backgrounds are fully integrated into school life; |
| --- | --- |

Y.

whereas taking account of the requirements of the labour market should not preclude children from acquiring the broadest possible foundation of knowledge, as that is the best way of ensuring they will be able to adapt to the vagaries of the employment market and of life in general; whereas most studies demonstrate the importance of providing quality education from the earliest school years as a means of preventing early school-leaving and ensuring that children from the most disadvantaged social backgrounds are fully integrated into school life;

| Z. | whereas open educational resources improve the quality, accessibility and equity of education and facilitate an interactive, creative, flexible and personalised learning process through the use of ICT and new technologies; whereas open education enhances sustained employability by supporting lifelong learning; |
| --- | --- |

Z.

whereas open educational resources improve the quality, accessibility and equity of education and facilitate an interactive, creative, flexible and personalised learning process through the use of ICT and new technologies; whereas open education enhances sustained employability by supporting lifelong learning;

| AA. | whereas both schoolteachers and university teachers face unprecedented challenges arising from the rapidly changing global economic environment, in which the development of new skills and competences, innovative approaches and modern teaching methods is key to ensuring effective youth education and employability; |
| --- | --- |

AA.

whereas both schoolteachers and university teachers face unprecedented challenges arising from the rapidly changing global economic environment, in which the development of new skills and competences, innovative approaches and modern teaching methods is key to ensuring effective youth education and employability;

| AB. | whereas 60 % of graduates are women, who are often placed in positions in which they are under-qualified or underpaid; whereas young women are also affected by gender differences in non-employment and employment conditions, which results in a pay gap (currently 16,2 %) as well as a pension gap; |
| --- | --- |

AB.

whereas 60 % of graduates are women, who are often placed in positions in which they are under-qualified or underpaid; whereas young women are also affected by gender differences in non-employment and employment conditions, which results in a pay gap (currently 16,2 %) as well as a pension gap;

| AC. | whereas flexibility and job insecurity have a greater effect on the employment of women than on that of men: whereas in the third quarter of 2012, of all part-time workers in the 15-24 age group some 60 % were women, while in the same age group, of all temporary workers with tertiary education (first degree or postgraduate degree), 64 % were women; |
| --- | --- |

AC.

whereas flexibility and job insecurity have a greater effect on the employment of women than on that of men: whereas in the third quarter of 2012, of all part-time workers in the 15-24 age group some 60 % were women, while in the same age group, of all temporary workers with tertiary education (first degree or postgraduate degree), 64 % were women;

| AD. | whereas despite Article 19 TFEU, Directive 2000/78/EC of 27 November 2000 and Directive 2006/54/EC of 5 July 2006, young women still suffer age and gender discrimination when they enter the labour market; whereas access to the official labour market is harder for women from vulnerable social groups, including ethnic minorities; |
| --- | --- |

AD.

whereas despite Article 19 TFEU, Directive 2000/78/EC of 27 November 2000 and Directive 2006/54/EC of 5 July 2006, young women still suffer age and gender discrimination when they enter the labour market; whereas access to the official labour market is harder for women from vulnerable social groups, including ethnic minorities;

| AE. | whereas motherhood often hampers access for young mothers to the labour market, thereby contributing to the widening of the gender employment gap; |
| --- | --- |

AE.

whereas motherhood often hampers access for young mothers to the labour market, thereby contributing to the widening of the gender employment gap;

| AF. | whereas youth employment measures needs to be integrated within a consistent, future-oriented and investment-oriented oriented macroeconomic strategy that can ensure the conditions for the creation of sustainable 21st-century jobs and for an effective transition from education to employment; |
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AF.

whereas youth employment measures needs to be integrated within a consistent, future-oriented and investment-oriented oriented macroeconomic strategy that can ensure the conditions for the creation of sustainable 21st-century jobs and for an effective transition from education to employment;

| 1. | Stresses that national and EU policy measures to boost youth employment should be coherent and mutually reinforcing, and should place a special focus on high-quality (vocational) education, training and providing work experience, thereby enabling young people to obtain stable employment of good quality; stresses that creating opportunities for fairly compensated internships and voluntary activities in the public interest can enable young people to engage in socially valuable activities and gain professional experience; |
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1.

Stresses that national and EU policy measures to boost youth employment should be coherent and mutually reinforcing, and should place a special focus on high-quality (vocational) education, training and providing work experience, thereby enabling young people to obtain stable employment of good quality; stresses that creating opportunities for fairly compensated internships and voluntary activities in the public interest can enable young people to engage in socially valuable activities and gain professional experience;

| 2. | Deplores the fact that the current crisis measures aimed at reducing public spending in the crisis countries have already had a direct negative impact on young people through cuts in education, employment creation and support services; |
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2.

Deplores the fact that the current crisis measures aimed at reducing public spending in the crisis countries have already had a direct negative impact on young people through cuts in education, employment creation and support services;

| 3. | Points out that young unemployed people come from a wide variety of groups and therefore have to be classified according to their needs and abilities if the measures taken are to be implemented to more useful effect; considers it necessary to identify the key competences that will enable these young people to enter the labour market more rapidly and on a more permanent and sustainable basis; believes that attention should be focused in particular on young people who have no qualifications and are not in education, employment, or training; |
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3.

Points out that young unemployed people come from a wide variety of groups and therefore have to be classified according to their needs and abilities if the measures taken are to be implemented to more useful effect; considers it necessary to identify the key competences that will enable these young people to enter the labour market more rapidly and on a more permanent and sustainable basis; believes that attention should be focused in particular on young people who have no qualifications and are not in education, employment, or training;

| 4. | Calls on the Commission, in cooperation with Member States where there is more than 25 % youth unemployment in the regions, to tackle youth unemployment by creating jobs for at least 10 % of the young people affected; |
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4.

Calls on the Commission, in cooperation with Member States where there is more than 25 % youth unemployment in the regions, to tackle youth unemployment by creating jobs for at least 10 % of the young people affected;

| 5. | Emphasises the need for active, comprehensive and integrated labour market policies aimed at job creation, with special measures for young people, so as on the one hand to avoid wasting available resources and on the other to lower youth unemployment, rather than merely ‘recycling’ it; calls on the Member States to check whether examples of best practices from other Member States could be applied to their own labour markets, and to draw on those measures which are suitable in their fight against youth unemployment; stresses the good experiences from countries with VET and dual-track education systems in improving the education-to-work transition, thus bridging the gap between training skills and labour market demands; emphasises that the Commission’s task is to give active support to such efforts, and calls on the Commission to report regularly on Member States' reform efforts with regard to vocational training systems; stresses that special attention should be paid to vulnerable groups at high risk of social exclusion, including NEETs; |
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5.

Emphasises the need for active, comprehensive and integrated labour market policies aimed at job creation, with special measures for young people, so as on the one hand to avoid wasting available resources and on the other to lower youth unemployment, rather than merely ‘recycling’ it; calls on the Member States to check whether examples of best practices from other Member States could be applied to their own labour markets, and to draw on those measures which are suitable in their fight against youth unemployment; stresses the good experiences from countries with VET and dual-track education systems in improving the education-to-work transition, thus bridging the gap between training skills and labour market demands; emphasises that the Commission’s task is to give active support to such efforts, and calls on the Commission to report regularly on Member States' reform efforts with regard to vocational training systems; stresses that special attention should be paid to vulnerable groups at high risk of social exclusion, including NEETs;

| 6. | Calls on the Commission to collect success stories from the field of youth training and to publish them in the form of a handbook for use by other Member States; |
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6.

Calls on the Commission to collect success stories from the field of youth training and to publish them in the form of a handbook for use by other Member States;

| 7. | Calls on the Commission to produce an annual report on the reform of vocational training systems in the Member States, thereby making a long-term structural contribution to improving young people’s employability; |
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7.

Calls on the Commission to produce an annual report on the reform of vocational training systems in the Member States, thereby making a long-term structural contribution to improving young people’s employability;

| 8. | Calls on the Commission to draw up qualitative guidelines for a modern dual education system, backed up by a list of broadly defined, non-academic key occupations in Europe; |
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8.

Calls on the Commission to draw up qualitative guidelines for a modern dual education system, backed up by a list of broadly defined, non-academic key occupations in Europe;

| 9. | Emphasises the importance of improving quality standards and accessibility in higher education and VET; stresses also the importance of language learning in schools and in VET; |
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9.

Emphasises the importance of improving quality standards and accessibility in higher education and VET; stresses also the importance of language learning in schools and in VET;

| 10. | Stresses that the involvement of all relevant stakeholders, at local, regional, national and European levels, including social partners, employment services, training and education authorities, individual employers, NGOs, and in particular also student and youth organisations, is essential for the successful design, implementation and monitoring of a variety of measures to foster youth employment and employability in an integrated fashion; emphasises that measures to promote quality and sustainable youth employment must be flexible so as to meet the continuously evolving needs of the labour market; notes the need for flexible and at the same time reliable contractual relations, effective reintegration policies and modern social security systems; stresses that early careers guidance for young people, well before they finish basic secondary schooling, is particularly valuable since it requires parents and schools to improve the capacity to help and advise pupils in choosing their education and subsequent career; |
| --- | --- |

10.

Stresses that the involvement of all relevant stakeholders, at local, regional, national and European levels, including social partners, employment services, training and education authorities, individual employers, NGOs, and in particular also student and youth organisations, is essential for the successful design, implementation and monitoring of a variety of measures to foster youth employment and employability in an integrated fashion; emphasises that measures to promote quality and sustainable youth employment must be flexible so as to meet the continuously evolving needs of the labour market; notes the need for flexible and at the same time reliable contractual relations, effective reintegration policies and modern social security systems; stresses that early careers guidance for young people, well before they finish basic secondary schooling, is particularly valuable since it requires parents and schools to improve the capacity to help and advise pupils in choosing their education and subsequent career;

| 11. | Calls on the Member States to take measures to prioritise the areas of science, technology, engineering and mathematics in their educational programmes in order to meet expected future developments on the labour market; |
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11.

Calls on the Member States to take measures to prioritise the areas of science, technology, engineering and mathematics in their educational programmes in order to meet expected future developments on the labour market;

| 12. | Points out that collective bargaining plays a key role in fostering and improving the working conditions of young workers; |
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12.

Points out that collective bargaining plays a key role in fostering and improving the working conditions of young workers;

| 13. | Recognises that investing in the right skills is an important factor in helping Member States innovate and regain their competiveness; |
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13.

Recognises that investing in the right skills is an important factor in helping Member States innovate and regain their competiveness;

| 14. | Calls the Member States to recognise the unprecedented challenges of the rapidly changing global economic environment, which both schoolteachers and university teachers are having to face; notes that a key factor for the successful education of young people and their employment prospects is the development of new skills and sets of competencies, innovative approaches and modern methods of teaching and learning; |
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14.

Calls the Member States to recognise the unprecedented challenges of the rapidly changing global economic environment, which both schoolteachers and university teachers are having to face; notes that a key factor for the successful education of young people and their employment prospects is the development of new skills and sets of competencies, innovative approaches and modern methods of teaching and learning;

| 15. | Calls on the Member States to encourage and support the participation of young people and especially women, through education, civil society and quality youth initiatives, in democratic life, and to make use of both existing and new tools in order to contribute to policy development, thereby enhancing young people’s development, wellbeing and social inclusion; |
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15.

Calls on the Member States to encourage and support the participation of young people and especially women, through education, civil society and quality youth initiatives, in democratic life, and to make use of both existing and new tools in order to contribute to policy development, thereby enhancing young people’s development, wellbeing and social inclusion;

| 16. | Is deeply concerned at the budget cuts in the Member States in the area of education, training and youth policy, which could result in young people being locked out of both education and employment, and recalls that budget allocations for education and training are a necessary and invaluable investment in the future; |
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16.

Is deeply concerned at the budget cuts in the Member States in the area of education, training and youth policy, which could result in young people being locked out of both education and employment, and recalls that budget allocations for education and training are a necessary and invaluable investment in the future;

| 17. | Calls for more vocational education and training for teaching staff, especially as regards modern teaching methods and the use of new technologies; points out that lifelong learning starts with early childhood education, and stresses that language skills above all must be promoted in an enjoyable way; |
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17.

Calls for more vocational education and training for teaching staff, especially as regards modern teaching methods and the use of new technologies; points out that lifelong learning starts with early childhood education, and stresses that language skills above all must be promoted in an enjoyable way;

| 18. | Highlights the role of the proposed EU Loan Guarantee Facility for full-time Master’s students in the EU and third countries in further facilitating youth mobility and contributing to multidimensional university ranking; |
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18.

Highlights the role of the proposed EU Loan Guarantee Facility for full-time Master’s students in the EU and third countries in further facilitating youth mobility and contributing to multidimensional university ranking;

| 19. | Considers that local needs and territorial specificities should be taken into account in order to enable the identification of jobs, in particular in innovative sectors such as green segments and social businesses, within the framework of integrated territorial development strategies; |
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19.

Considers that local needs and territorial specificities should be taken into account in order to enable the identification of jobs, in particular in innovative sectors such as green segments and social businesses, within the framework of integrated territorial development strategies;

| 20. | Invites the Member States and regional and local authorities to set up integrated territorial development strategies, including training and employment components, starting with measures to avoid early school leaving, and to build employment pathways for young people; |
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20.

Invites the Member States and regional and local authorities to set up integrated territorial development strategies, including training and employment components, starting with measures to avoid early school leaving, and to build employment pathways for young people;

| 21. | Recognises the particularly difficult situation in certain regions where the level of unemployment among young people is above 25 %; welcomes the fact that EU support for youth employment will be further boosted through the proposed EU Youth Employment Initiative, with a maximum budget of EUR 8 billion over the seven-year period 2014-2020; stresses at the same time that, according to the ILO, EUR 21 billion would be needed to implement the Youth Guarantee effectively in the eurozone alone; agrees that the specific budget allocation for this employment initiative for young people and the corresponding allocation from the ESF should be frontloaded; |
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21.

Recognises the particularly difficult situation in certain regions where the level of unemployment among young people is above 25 %; welcomes the fact that EU support for youth employment will be further boosted through the proposed EU Youth Employment Initiative, with a maximum budget of EUR 8 billion over the seven-year period 2014-2020; stresses at the same time that, according to the ILO, EUR 21 billion would be needed to implement the Youth Guarantee effectively in the eurozone alone; agrees that the specific budget allocation for this employment initiative for young people and the corresponding allocation from the ESF should be frontloaded;

| 22. | Emphasises the importance of immediate action to combat youth unemployment and long-term unemployment; emphasises, too, the need to get young people into long-term, sustainable, high-quality jobs; |
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22.

Emphasises the importance of immediate action to combat youth unemployment and long-term unemployment; emphasises, too, the need to get young people into long-term, sustainable, high-quality jobs;

| 23. | Calls on the Commission and the Member States to ensure that national legislation affecting youth, and in particularly national legislation based on the Employment Equality Directive (2000/78/EC), is not used to discriminate against young employees' access to social benefits; believes that much more must be done to ensure that both employees and employers are aware of their rights and obligations under this legislation; |
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23.

Calls on the Commission and the Member States to ensure that national legislation affecting youth, and in particularly national legislation based on the Employment Equality Directive (2000/78/EC), is not used to discriminate against young employees' access to social benefits; believes that much more must be done to ensure that both employees and employers are aware of their rights and obligations under this legislation;

| 24. | Calls on the Member States to update their regional development strategies so that they reflect measures to boost employment, including youth employment; |
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24.

Calls on the Member States to update their regional development strategies so that they reflect measures to boost employment, including youth employment;

| 25. | Welcomes the decision of the EPSCO Council on 28 February 2013 to agree on a Council recommendation on implementing a Youth Guarantee, and invites the Member States to take action to implement Youth Guarantee schemes in an ambitious manner at national level; calls for the extension of the target groups to include young people under the age of 30, including graduates and those leaving training systems without qualifications; stresses that the success of this measure will be highly dependent on a wide range of policies and framework conditions, such as adequate investment in education and training, infrastructure and capacity of employment services, availability of student and graduate places, and quality apprenticeships and traineeships, as well as general policies conducive to job creation; calls for an adequate follow-up through the Member States' National Reform Programmes and in the context of the European Semester to facilitate the monitoring, evaluation and continuous improvement of national Youth Guarantee schemes; stresses that Youth Guarantee schemes should be integrated within the broader framework of national active labour market policies; |
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25.

Welcomes the decision of the EPSCO Council on 28 February 2013 to agree on a Council recommendation on implementing a Youth Guarantee, and invites the Member States to take action to implement Youth Guarantee schemes in an ambitious manner at national level; calls for the extension of the target groups to include young people under the age of 30, including graduates and those leaving training systems without qualifications; stresses that the success of this measure will be highly dependent on a wide range of policies and framework conditions, such as adequate investment in education and training, infrastructure and capacity of employment services, availability of student and graduate places, and quality apprenticeships and traineeships, as well as general policies conducive to job creation; calls for an adequate follow-up through the Member States' National Reform Programmes and in the context of the European Semester to facilitate the monitoring, evaluation and continuous improvement of national Youth Guarantee schemes; stresses that Youth Guarantee schemes should be integrated within the broader framework of national active labour market policies;

| 26. | Informs the Member States that Parliament intends to monitor closely all Member State activities to make the Youth Guarantee a reality, and invites youth organisations to keep Parliament updated on their analysis of Member State actions; |
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26.

Informs the Member States that Parliament intends to monitor closely all Member State activities to make the Youth Guarantee a reality, and invites youth organisations to keep Parliament updated on their analysis of Member State actions;

| 27. | Calls on the national parliaments, together with youth organisations, to hold their governments responsible for delivering on the Youth Guarantee, and to ensure that serious steps are taken to ensure that each young person (unemployed or having left formal education) will within four months receive a good-quality offer of employment, continued education, an apprenticeship or a traineeship; |
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27.

Calls on the national parliaments, together with youth organisations, to hold their governments responsible for delivering on the Youth Guarantee, and to ensure that serious steps are taken to ensure that each young person (unemployed or having left formal education) will within four months receive a good-quality offer of employment, continued education, an apprenticeship or a traineeship;

| 28. | Stresses that efforts and funding aimed at implementing Youth Guarantee schemes should not discourage the structural efforts and reforms that are required to make the education systems and labour markets in some Member States fit for the challenges of the future; |
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28.

Stresses that efforts and funding aimed at implementing Youth Guarantee schemes should not discourage the structural efforts and reforms that are required to make the education systems and labour markets in some Member States fit for the challenges of the future;

| 29. | Calls on the Commission to provide in its programmes for measures aimed specifically at tackling youth unemployment, following an integrated global approach consistent with ‘Youth on the Move’, a flagship initiative of the Europe 2020 strategy; |
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29.

Calls on the Commission to provide in its programmes for measures aimed specifically at tackling youth unemployment, following an integrated global approach consistent with ‘Youth on the Move’, a flagship initiative of the Europe 2020 strategy;

| 30. | Reminds the Commission and the Member States of their commitment to the Europe 2020 targets of 75 % employment for both women and men, and warns that the current level of youth unemployment could exclude a generation of women from the labour market, increasing their invisibility and vulnerability; |
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30.

Reminds the Commission and the Member States of their commitment to the Europe 2020 targets of 75 % employment for both women and men, and warns that the current level of youth unemployment could exclude a generation of women from the labour market, increasing their invisibility and vulnerability;

| 31. | Calls on the Commission and the Member States to monitor and disclose all data relating to policies to combat youth unemployment (including implementation of the Youth Guarantee), producing regional statistics for the different Member States and devoting particular attention to the gender aspect; |
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31.

Calls on the Commission and the Member States to monitor and disclose all data relating to policies to combat youth unemployment (including implementation of the Youth Guarantee), producing regional statistics for the different Member States and devoting particular attention to the gender aspect;

| 32. | Encourages the Commission and the Member States to develop clear quality standards and indicators regarding the development of national Youth Guarantee schemes, as well as to boost their support for all actors essential to delivering Youth Guarantee schemes, such as national social partners, local and regional authorities, employment services and education and training authorities; calls for Youth Guarantee schemes to be facilitated through financial incentives, including incentives in public procurement, and funding for on-site training, which will support enterprises in making high-quality sustainable employment and training offers which will represent an effective and targeted investment in young people’s potential; stresses that enterprises have a particular responsibility to make such offers available; |
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32.

Encourages the Commission and the Member States to develop clear quality standards and indicators regarding the development of national Youth Guarantee schemes, as well as to boost their support for all actors essential to delivering Youth Guarantee schemes, such as national social partners, local and regional authorities, employment services and education and training authorities; calls for Youth Guarantee schemes to be facilitated through financial incentives, including incentives in public procurement, and funding for on-site training, which will support enterprises in making high-quality sustainable employment and training offers which will represent an effective and targeted investment in young people’s potential; stresses that enterprises have a particular responsibility to make such offers available;

| 33. | Calls on the Commission and the Member States, in cooperation with youth stakeholders and with Parliament, to develop a plan of action on youth employment identifying short- term, medium-term and long-term measures; regrets that in the current debate long-term measures are being presented as short-term solutions; stresses that in the short term the focus should be on immediate crisis relief, for those both outside and inside the labour market, with a focus on securing a living income as well as options on the labour market; stresses that investments in education and training, job creation, apprenticeship schemes and incentives geared towards employers are mainly medium-term but also long-term measures which need to be firmly agreed between all actors and upheld for a minimum of five years; stresses that, especially, constructing a system of dual education, apprenticeships, training on the job and integration of young persons into the labour market are long-term measures which need a longer-term commitment than hitherto; |
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33.

Calls on the Commission and the Member States, in cooperation with youth stakeholders and with Parliament, to develop a plan of action on youth employment identifying short- term, medium-term and long-term measures; regrets that in the current debate long-term measures are being presented as short-term solutions; stresses that in the short term the focus should be on immediate crisis relief, for those both outside and inside the labour market, with a focus on securing a living income as well as options on the labour market; stresses that investments in education and training, job creation, apprenticeship schemes and incentives geared towards employers are mainly medium-term but also long-term measures which need to be firmly agreed between all actors and upheld for a minimum of five years; stresses that, especially, constructing a system of dual education, apprenticeships, training on the job and integration of young persons into the labour market are long-term measures which need a longer-term commitment than hitherto;

| 34. | Recommends that in Member States with a dual vocational training system there should be an ‘alternative apprenticeship’ scheme, and thus a Youth Guarantee scheme, in the form of vocational training with more than one employer for young people under the age of 18 who cannot obtain an apprenticeship; in countries without dual vocational training, steps should be taken to implement an appropriately adapted system; |
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34.

Recommends that in Member States with a dual vocational training system there should be an ‘alternative apprenticeship’ scheme, and thus a Youth Guarantee scheme, in the form of vocational training with more than one employer for young people under the age of 18 who cannot obtain an apprenticeship; in countries without dual vocational training, steps should be taken to implement an appropriately adapted system;

| 35. | Stresses that different age groups require different approaches to address employment issues, focusing on entry into the job market for younger age groups and on improving job security and social security for older age groups; |
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35.

Stresses that different age groups require different approaches to address employment issues, focusing on entry into the job market for younger age groups and on improving job security and social security for older age groups;

| 36. | Invites the Commission and the Member States to foster rapprochement between the worlds of work and education so that training paths such as dual training can be designed that combine theoretical notions with practical experience, in order to equip young people with the requisite general skills and specific expertise; invites the Commission and the Member States also to invest in support for an awareness campaign on vocational training (VET) and technical and entrepreneurial studies; |
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36.

Invites the Commission and the Member States to foster rapprochement between the worlds of work and education so that training paths such as dual training can be designed that combine theoretical notions with practical experience, in order to equip young people with the requisite general skills and specific expertise; invites the Commission and the Member States also to invest in support for an awareness campaign on vocational training (VET) and technical and entrepreneurial studies;

| 37. | Calls on the European institutions to set a good example by removing their advertisements for unpaid traineeships from their respective websites and to pay a minimum allowance based on the cost of living in the place where the internship is performed; |
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37.

Calls on the European institutions to set a good example by removing their advertisements for unpaid traineeships from their respective websites and to pay a minimum allowance based on the cost of living in the place where the internship is performed;

| 38. | Calls on the Member States to establish new inclusive and targeted labour-market policies that secure the respectful inclusion and meaningful occupation of young people, e.g. through the setting-up of inspirational networks, traineeship arrangements that include financial aid enabling the trainee to relocate and live close to the place where the traineeship is held, international career centres, and youth centres for individual guidance covering, particularly, matters such as collective organisation and knowledge of legal aspects relating to their traineeship; |
| --- | --- |

38.

Calls on the Member States to establish new inclusive and targeted labour-market policies that secure the respectful inclusion and meaningful occupation of young people, e.g. through the setting-up of inspirational networks, traineeship arrangements that include financial aid enabling the trainee to relocate and live close to the place where the traineeship is held, international career centres, and youth centres for individual guidance covering, particularly, matters such as collective organisation and knowledge of legal aspects relating to their traineeship;

| 39. | Calls on the Member States to draw up, in cooperation with all relevant actors and stakeholders, further specific outreach strategies targeted on NEETs, which should combine effective forms of reintegration of early school-leavers back into education or work; calls, therefore, on the Member States to present, in the framework of the European Semester, proposals as to how they will make progress in better integrating NEETs via the Youth Guarantee and other instruments; stresses the need to increase the employability and participation of young people by boosting lifelong learning and making social security schemes both more inclusive and activating; calls for the removal of the practical and logistical barriers faced by young people having more complex needs or with disabilities when entering the labour market; |
| --- | --- |

39.

Calls on the Member States to draw up, in cooperation with all relevant actors and stakeholders, further specific outreach strategies targeted on NEETs, which should combine effective forms of reintegration of early school-leavers back into education or work; calls, therefore, on the Member States to present, in the framework of the European Semester, proposals as to how they will make progress in better integrating NEETs via the Youth Guarantee and other instruments; stresses the need to increase the employability and participation of young people by boosting lifelong learning and making social security schemes both more inclusive and activating; calls for the removal of the practical and logistical barriers faced by young people having more complex needs or with disabilities when entering the labour market;

| 40. | Calls on the Member States to intensify their efforts to reduce early school leaving in order to achieve the goal set out in the EU 2020 strategy of a dropout rate no higher than 10 % by 2012; invites the Member States to make use of a wide range of measures to fight early school leaving and illiteracy, e.g. reducing class sizes, providing assistance for pupils who cannot afford to complete their compulsory education, increasing the emphasis on practical aspects in the syllabus, introducing mentors in all schools and establishing an immediate follow-up of early school leavers; points to the example of Finland, which has succeeded in reducing the number of early school leavers by studying together with pupils the possibilities of seeking a new direction; invites the Commission to coordinate a project on best practices; |
| --- | --- |

40.

Calls on the Member States to intensify their efforts to reduce early school leaving in order to achieve the goal set out in the EU 2020 strategy of a dropout rate no higher than 10 % by 2012; invites the Member States to make use of a wide range of measures to fight early school leaving and illiteracy, e.g. reducing class sizes, providing assistance for pupils who cannot afford to complete their compulsory education, increasing the emphasis on practical aspects in the syllabus, introducing mentors in all schools and establishing an immediate follow-up of early school leavers; points to the example of Finland, which has succeeded in reducing the number of early school leavers by studying together with pupils the possibilities of seeking a new direction; invites the Commission to coordinate a project on best practices;

| 41. | Notes that play-based early-years education can put children on the right track for successful schooling, and highlights the prime importance, in this context in particular, of initial training and specialised further training for teachers; |
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41.

Notes that play-based early-years education can put children on the right track for successful schooling, and highlights the prime importance, in this context in particular, of initial training and specialised further training for teachers;

| 42. | Urges the Member States, given the exceptional social conditions created by the crisis, to draw up a strategy to provide incentives — including financial incentives — for pupils from vulnerable groups to complete their secondary education; |
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42.

Urges the Member States, given the exceptional social conditions created by the crisis, to draw up a strategy to provide incentives — including financial incentives — for pupils from vulnerable groups to complete their secondary education;

| 43. | Emphasises the importance of having a quality public network of student residences; |
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43.

Emphasises the importance of having a quality public network of student residences;

| 44. | Supports the establishment of the Erasmus for All Programme with a separate chapter for youth as well as a corresponding separate budget allocation, including increased support for those who are active in youth work, both institutionalised and non-institutionalised; is of the opinion that acquiring skills, in particular transversal skills (e.g. in ICT and languages), for example by studying, working or volunteering abroad, can promote young people’s active participation in society and therefore European integration, and can improve their prospects on the labour market, as well as workers’ mobility in general throughout the Union; |
| --- | --- |

44.

Supports the establishment of the Erasmus for All Programme with a separate chapter for youth as well as a corresponding separate budget allocation, including increased support for those who are active in youth work, both institutionalised and non-institutionalised; is of the opinion that acquiring skills, in particular transversal skills (e.g. in ICT and languages), for example by studying, working or volunteering abroad, can promote young people’s active participation in society and therefore European integration, and can improve their prospects on the labour market, as well as workers’ mobility in general throughout the Union;

| 45. | Stresses the key role that should be played by the European Social Fund in combating youth unemployment, and calls on the Member States and all operational programmes’ managing authorities to ensure that measures aimed at achieving this goal are included; |
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45.

Stresses the key role that should be played by the European Social Fund in combating youth unemployment, and calls on the Member States and all operational programmes’ managing authorities to ensure that measures aimed at achieving this goal are included;

| 46. | Calls on the Member States to implement the measures set out in their national Youth Guarantee Schemes, taking into account a gender perspective at all stages of the preparation, programming and implementation of these measures; calls on the Member States to set up employment centres, with suitably trained staff, that are able to implement effective awareness-raising policies and provide specific arrangements for women, also to avoid long-term unemployment and the risk of social exclusion; |
| --- | --- |

46.

Calls on the Member States to implement the measures set out in their national Youth Guarantee Schemes, taking into account a gender perspective at all stages of the preparation, programming and implementation of these measures; calls on the Member States to set up employment centres, with suitably trained staff, that are able to implement effective awareness-raising policies and provide specific arrangements for women, also to avoid long-term unemployment and the risk of social exclusion;

| 47. | Stresses that making the Youth Guarantee a reality requires respect for collective wage bargaining and the principle of equal pay for equal work or work of equal value; |
| --- | --- |

47.

Stresses that making the Youth Guarantee a reality requires respect for collective wage bargaining and the principle of equal pay for equal work or work of equal value;

| 48. | Underlines the importance of young people learning general skills such as ICT, leadership, critical thinking, language skills and entrepreneurial skills, including through periods of study abroad, in order to improve their prospects on the job market and their ability to adapt to future labour market developments; calls on the Member States to give added importance to such skills in their educational curricula; |
| --- | --- |

48.

Underlines the importance of young people learning general skills such as ICT, leadership, critical thinking, language skills and entrepreneurial skills, including through periods of study abroad, in order to improve their prospects on the job market and their ability to adapt to future labour market developments; calls on the Member States to give added importance to such skills in their educational curricula;

| 49. | Recognises the difficulties young people encounter in setting up and developing their own business; calls on the Commission and the Member States to support young entrepreneurs and young self-employed people by facilitating and simplifying access to finance, reducing administrative burdens, addressing bankruptcy laws, and creating overall preferential conditions which should include efficient counselling and mentoring and providing business incubators; |
| --- | --- |

49.

Recognises the difficulties young people encounter in setting up and developing their own business; calls on the Commission and the Member States to support young entrepreneurs and young self-employed people by facilitating and simplifying access to finance, reducing administrative burdens, addressing bankruptcy laws, and creating overall preferential conditions which should include efficient counselling and mentoring and providing business incubators;

| 50. | Calls on the Commission and the Member States to take such measures as are necessary to encourage, promote and support business start-ups and self-employment of young women by providing them with training, counselling and easier access to credit and microcredit offering favourable terms and fiscal facilities, in particularly for SMEs; |
| --- | --- |

50.

Calls on the Commission and the Member States to take such measures as are necessary to encourage, promote and support business start-ups and self-employment of young women by providing them with training, counselling and easier access to credit and microcredit offering favourable terms and fiscal facilities, in particularly for SMEs;

| 51. | Calls on the Commission and the Member States to take such measures as are necessary to counteract the stereotype that entrepreneurship is a risky and male-dominated activity; stresses that, in order to strengthen women’s overall position on the labour market and promote entrepreneurship more effectively, measures should be taken to support regional and international cooperation between female entrepreneurs and to encourage the creation of networks of platforms for the exchange of experience and best practices; |
| --- | --- |

51.

Calls on the Commission and the Member States to take such measures as are necessary to counteract the stereotype that entrepreneurship is a risky and male-dominated activity; stresses that, in order to strengthen women’s overall position on the labour market and promote entrepreneurship more effectively, measures should be taken to support regional and international cooperation between female entrepreneurs and to encourage the creation of networks of platforms for the exchange of experience and best practices;

| 52. | Welcomes, in the context of promoting self-employment among young people, the proposed successor to the Progress Microfinance Facility included in the Programme for Employment and Social Innovation (EaSI) for the period 2014-2020, in order to better meet demand, also among young people starting up small businesses, including university students' start-ups; welcomes the commitment of the EIB to pay particular attention to investments that improve opportunities for young people to gain access to productive jobs; stress that all three axes of the EaSI programme provide ways of combating youth unemployment; |
| --- | --- |

52.

Welcomes, in the context of promoting self-employment among young people, the proposed successor to the Progress Microfinance Facility included in the Programme for Employment and Social Innovation (EaSI) for the period 2014-2020, in order to better meet demand, also among young people starting up small businesses, including university students' start-ups; welcomes the commitment of the EIB to pay particular attention to investments that improve opportunities for young people to gain access to productive jobs; stress that all three axes of the EaSI programme provide ways of combating youth unemployment;

| 53. | Highlights that, while the internet economy creates 2,6 jobs for every ‘offline’ job lost, it is important that young people turn e-skills in programming, design or social marketing into jobs, using available European and national funding; |
| --- | --- |

53.

Highlights that, while the internet economy creates 2,6 jobs for every ‘offline’ job lost, it is important that young people turn e-skills in programming, design or social marketing into jobs, using available European and national funding;

| 54. | Calls for an ambitious and holistic policy approach — at European and national level alike — which looks at education, training, quality employment and self-employment and labour mobility initiatives, for all young people at all the various levels, in an integrated way; urges the Member States to engage in broad consultations with universities and other educational institutions, with a view to better adapting their education and training curricula to the needs of the labour market; in view of the forthcoming programming period 2014-2020, invites the Commission to make a comprehensive analysis of the EU programmes and the financial sources invested in education, training and tackling youth unemployment in the programming period 2007-2013, and to report on the matter to Parliament and the Council; stresses that youth unemployment is linked to low economic growth in most Member States; stresses therefore the urgent need to prioritise job-friendly forms of growth that will also benefit young people, and to address the structural barriers to young people’s entry into the labour market; |
| --- | --- |

54.

Calls for an ambitious and holistic policy approach — at European and national level alike — which looks at education, training, quality employment and self-employment and labour mobility initiatives, for all young people at all the various levels, in an integrated way; urges the Member States to engage in broad consultations with universities and other educational institutions, with a view to better adapting their education and training curricula to the needs of the labour market; in view of the forthcoming programming period 2014-2020, invites the Commission to make a comprehensive analysis of the EU programmes and the financial sources invested in education, training and tackling youth unemployment in the programming period 2007-2013, and to report on the matter to Parliament and the Council; stresses that youth unemployment is linked to low economic growth in most Member States; stresses therefore the urgent need to prioritise job-friendly forms of growth that will also benefit young people, and to address the structural barriers to young people’s entry into the labour market;

| 55. | Calls on the Commission to put forward a proposal for a European Youth Corps programme, with the aim of enabling young people under the age of 30 across Europe to do voluntary work in another Member State than their own for up to three months; stresses that the idea of such a European Youth Corps is to give young people the chance to use and upgrade their educational and social skills, increase their knowledge of another Member State, and promote friendship and integration across the EU; emphasises that Youth Corps work must be voluntary and unpaid and may not replace existing jobs in the visited country; believes that such a Youth Corps should be conceived in terms of a public-private partnership aimed at setting up a programme under which young people can receive an individual grant covering travel and living expenses for a period of up to three months; |
| --- | --- |

55.

Calls on the Commission to put forward a proposal for a European Youth Corps programme, with the aim of enabling young people under the age of 30 across Europe to do voluntary work in another Member State than their own for up to three months; stresses that the idea of such a European Youth Corps is to give young people the chance to use and upgrade their educational and social skills, increase their knowledge of another Member State, and promote friendship and integration across the EU; emphasises that Youth Corps work must be voluntary and unpaid and may not replace existing jobs in the visited country; believes that such a Youth Corps should be conceived in terms of a public-private partnership aimed at setting up a programme under which young people can receive an individual grant covering travel and living expenses for a period of up to three months;

| 56. | Considers that education and/or training establishments should arrange extracurricular placements so as to provide students with experience in their chosen field as a means of consolidating their knowledge and forging links with the workplace; |
| --- | --- |

56.

Considers that education and/or training establishments should arrange extracurricular placements so as to provide students with experience in their chosen field as a means of consolidating their knowledge and forging links with the workplace;

| 57. | Calls on the Member States to improve cooperation and strengthen partnerships between businesses and the educational sector at all levels, with the aim of linking curricula more closely to the demands of the labour market, for example by extending Sector Skills Alliances and Knowledge Alliances; |
| --- | --- |

57.

Calls on the Member States to improve cooperation and strengthen partnerships between businesses and the educational sector at all levels, with the aim of linking curricula more closely to the demands of the labour market, for example by extending Sector Skills Alliances and Knowledge Alliances;

| 58. | Emphasises the importance of enhancing VET quality with the aim of striking the right balance between education and labour market demand; considers that the promotion of VET should not be done at the expense of higher education; stresses that the interaction between VET and higher education and the opening of pathways from VET to higher education need to be improved; stresses that more flexible curricula are needed in order to facilitate young people’s access to the labour market and improve adaptation to future labour market developments; |
| --- | --- |

58.

Emphasises the importance of enhancing VET quality with the aim of striking the right balance between education and labour market demand; considers that the promotion of VET should not be done at the expense of higher education; stresses that the interaction between VET and higher education and the opening of pathways from VET to higher education need to be improved; stresses that more flexible curricula are needed in order to facilitate young people’s access to the labour market and improve adaptation to future labour market developments;

| 59. | Calls on the Commission to propose a Quality Framework for Traineeships, building on its earlier proposal for a European Quality Charter on Internships and Apprenticeships (15), including a definition of quality traineeships with criteria for appropriate compensation, working conditions and health and safety standards; calls on the Member States and the social partners to ensure adequate quality standards for traineeships, making sure that traineeships are tailored to the needs of young people to develop relevant skills, backed up by mandatory monitoring, as well as to ensure quality standards for work placements, inter alia with a view to preventing the exploitation of young people as cheap substitute labour; stresses that active promotion and awareness-raising in respect of such standards are needed; |
| --- | --- |

59.

Calls on the Commission to propose a Quality Framework for Traineeships, building on its earlier proposal for a European Quality Charter on Internships and Apprenticeships (15), including a definition of quality traineeships with criteria for appropriate compensation, working conditions and health and safety standards; calls on the Member States and the social partners to ensure adequate quality standards for traineeships, making sure that traineeships are tailored to the needs of young people to develop relevant skills, backed up by mandatory monitoring, as well as to ensure quality standards for work placements, inter alia with a view to preventing the exploitation of young people as cheap substitute labour; stresses that active promotion and awareness-raising in respect of such standards are needed;

| 60. | Calls on the Member States to pay particular attention to high youth unemployment rates among migrants, giving priority to integration into the labour market and the mainstreaming of integration policies, as employment is the key to successful integration; stresses that the difficulties encountered by young migrants in obtaining career guidance should be taken into account and that the integration of young migrants into society and the labour market should be monitored and evaluated; |
| --- | --- |

60.

Calls on the Member States to pay particular attention to high youth unemployment rates among migrants, giving priority to integration into the labour market and the mainstreaming of integration policies, as employment is the key to successful integration; stresses that the difficulties encountered by young migrants in obtaining career guidance should be taken into account and that the integration of young migrants into society and the labour market should be monitored and evaluated;

| 61. | Calls on the Commission, the Member States and the European social partners to take on board an ambitious approach to developing the Alliance for Apprenticeship which will be launched in July 2013, and also to support European, national, regional and local campaigns for changing perceptions of vocational education; believes the Alliance should organise a regular discussion forum on the monitoring of the European apprenticeship strategy with all relevant European, national, regional and local stakeholders; stresses that access to funding should be provided to facilitate cross-border training activities that enable companies and social partner organisations to become involved in establishing dual education systems; |
| --- | --- |

61.

Calls on the Commission, the Member States and the European social partners to take on board an ambitious approach to developing the Alliance for Apprenticeship which will be launched in July 2013, and also to support European, national, regional and local campaigns for changing perceptions of vocational education; believes the Alliance should organise a regular discussion forum on the monitoring of the European apprenticeship strategy with all relevant European, national, regional and local stakeholders; stresses that access to funding should be provided to facilitate cross-border training activities that enable companies and social partner organisations to become involved in establishing dual education systems;

| 62. | Calls on the Member States, in agreement with the Commission, to establish measures and concessions for apprenticeship contracts and bonuses for business start-ups by young people aged under 35; |
| --- | --- |

62.

Calls on the Member States, in agreement with the Commission, to establish measures and concessions for apprenticeship contracts and bonuses for business start-ups by young people aged under 35;

| 63. | Emphasises the need to enhance the framework of social partnership and social responsibility of companies and firms, so as to enable them to better incorporate the Charter of Good Quality Internships and Apprenticeships as well as the Youth Guarantee; |
| --- | --- |

63.

Emphasises the need to enhance the framework of social partnership and social responsibility of companies and firms, so as to enable them to better incorporate the Charter of Good Quality Internships and Apprenticeships as well as the Youth Guarantee;

| 64. | Calls on the Commission and the Member States, when making decisions relating to the 2014-2020 programming period, to lay down more stringent and quantifiable criteria concerning the setting, monitoring and evaluation of Structural Fund objectives, with specific targets relating to the fight against youth unemployment, which should also be measurable in terms of gender (in the period 2007-2011, 52 % of Structural Fund beneficiaries were women); |
| --- | --- |

64.

Calls on the Commission and the Member States, when making decisions relating to the 2014-2020 programming period, to lay down more stringent and quantifiable criteria concerning the setting, monitoring and evaluation of Structural Fund objectives, with specific targets relating to the fight against youth unemployment, which should also be measurable in terms of gender (in the period 2007-2011, 52 % of Structural Fund beneficiaries were women);

| 65. | Invites the Commission to consider a further adaptation of the ESF in order to provide additional support in the areas of training for young women, access to employment and childcare; |
| --- | --- |

65.

Invites the Commission to consider a further adaptation of the ESF in order to provide additional support in the areas of training for young women, access to employment and childcare;

| 66. | Believes that in bolstering and supplementing Member States’ efforts to revitalise economic activity and foster employment across their territory EU cohesion policy represents a fundamental tool with which the Union can help overcome the present situation, guiding and shaping the implementation of the necessary structural reforms, concentrating investment on priority actions in order to maximise the impact of investment on the socio-economic situation of a region or Member State, stimulating the economy, and helping create new jobs among young people; calls, therefore, on the Member States to make full and coordinated use of the available EU funding (ERDF, ESF, CF, EAFRD and EMFF), thus enabling young people to play an active part in the economy and society; stresses that account should be taken of regional specificities, given that they may dictate the success or failure of young people’s initiatives, throughout the EU and in particular in the most disadvantaged and outermost regions, where investment is necessary to ensure economic, social and territorial cohesion; |
| --- | --- |

66.

Believes that in bolstering and supplementing Member States’ efforts to revitalise economic activity and foster employment across their territory EU cohesion policy represents a fundamental tool with which the Union can help overcome the present situation, guiding and shaping the implementation of the necessary structural reforms, concentrating investment on priority actions in order to maximise the impact of investment on the socio-economic situation of a region or Member State, stimulating the economy, and helping create new jobs among young people; calls, therefore, on the Member States to make full and coordinated use of the available EU funding (ERDF, ESF, CF, EAFRD and EMFF), thus enabling young people to play an active part in the economy and society; stresses that account should be taken of regional specificities, given that they may dictate the success or failure of young people’s initiatives, throughout the EU and in particular in the most disadvantaged and outermost regions, where investment is necessary to ensure economic, social and territorial cohesion;

| 67. | Encourages the Member States to foster employment opportunities for young people locally, and to complement this by facilitating the mobility of young workers who want it to other EU countries or beyond (16); calls for measures to enhance their training and experience, including the removal of existing barriers to cross-border apprenticeships, traineeships and internships; wishes to see further progress on the mutual recognition of qualifications and skills and enhanced coordination of national social security systems, especially as regards pension systems, as well as continued substantial investment in language learning from an early age; |
| --- | --- |

67.

Encourages the Member States to foster employment opportunities for young people locally, and to complement this by facilitating the mobility of young workers who want it to other EU countries or beyond (16); calls for measures to enhance their training and experience, including the removal of existing barriers to cross-border apprenticeships, traineeships and internships; wishes to see further progress on the mutual recognition of qualifications and skills and enhanced coordination of national social security systems, especially as regards pension systems, as well as continued substantial investment in language learning from an early age;

| 68. | Calls on the Member States to continue the process of reform and development of effective public employment services so as to better target their activities and approaches on young people, as a fundamental component of any national Youth Guarantee strategies; stresses the need to introduce reforms to EURES with the aim of proactively matching jobseekers and job-changers to existing vacancies, as well as with the aim of raising awareness of EURES, including its advisory network, and increasing its visibility and availability, as a career advice system that helps students become more aware of existing job opportunities; highlights the need for closer coordination between EURES and other portals and services for citizens and business (examples being ‘EURES my first job’, the Europe Direct information points or the European Enterprise Network for SMEs), in order to achieve greater efficiency and effectiveness on the part of the services provided; welcomes the work of the Heads of Public Employment Services (HoPES), and supports its institutionalisation; |
| --- | --- |

68.

Calls on the Member States to continue the process of reform and development of effective public employment services so as to better target their activities and approaches on young people, as a fundamental component of any national Youth Guarantee strategies; stresses the need to introduce reforms to EURES with the aim of proactively matching jobseekers and job-changers to existing vacancies, as well as with the aim of raising awareness of EURES, including its advisory network, and increasing its visibility and availability, as a career advice system that helps students become more aware of existing job opportunities; highlights the need for closer coordination between EURES and other portals and services for citizens and business (examples being ‘EURES my first job’, the Europe Direct information points or the European Enterprise Network for SMEs), in order to achieve greater efficiency and effectiveness on the part of the services provided; welcomes the work of the Heads of Public Employment Services (HoPES), and supports its institutionalisation;

| 69. | Calls on the Member States, in the absence of specific figures on youth migration flows, to create mechanisms for the research, monitoring and evaluation of such mobility that can be transferred to EURES in order to better address such phenomena; |
| --- | --- |

69.

Calls on the Member States, in the absence of specific figures on youth migration flows, to create mechanisms for the research, monitoring and evaluation of such mobility that can be transferred to EURES in order to better address such phenomena;

| 70. | Stresses, in addition, the importance of raising young people’s awareness regarding use of the counselling offered in the framework of the public employment services, strengthening partnerships with schools and universities, and working towards better integration with the EURES network; |
| --- | --- |

70.

Stresses, in addition, the importance of raising young people’s awareness regarding use of the counselling offered in the framework of the public employment services, strengthening partnerships with schools and universities, and working towards better integration with the EURES network;

| 71. | Calls on the Member States to properly recognise and validate informal and non-formal learning and education and acquired competences, along with other professional experience, as a form of valorising competences so that young people can provide fuller evidence of their education and competences in relation to the requirements for successfully entering the labour market; |
| --- | --- |

71.

Calls on the Member States to properly recognise and validate informal and non-formal learning and education and acquired competences, along with other professional experience, as a form of valorising competences so that young people can provide fuller evidence of their education and competences in relation to the requirements for successfully entering the labour market;

| 72. | Calls on the Commission and the Member States to implement transparency and harmonisation in the recognition of qualifications within the Union, in particular through the European Credit System for Vocational Education and Training, Europass and the European Qualifications Framework, to fully implement the Council recommendation on the validation of non-formal and informal education, and especially to secure the cross-border recognition of non-formal and informal learning; stresses the importance of implementing and reporting on these initiatives in a timely fashion; |
| --- | --- |

72.

Calls on the Commission and the Member States to implement transparency and harmonisation in the recognition of qualifications within the Union, in particular through the European Credit System for Vocational Education and Training, Europass and the European Qualifications Framework, to fully implement the Council recommendation on the validation of non-formal and informal education, and especially to secure the cross-border recognition of non-formal and informal learning; stresses the importance of implementing and reporting on these initiatives in a timely fashion;

| 73. | Stresses that the problem of ‘brain waste’ needs to be addressed, since having highly qualified and skilled young people working far below their potential results in non-use of their actual skills and qualifications, while at the same time having negative effects on them in social and psychological terms; |
| --- | --- |

73.

Stresses that the problem of ‘brain waste’ needs to be addressed, since having highly qualified and skilled young people working far below their potential results in non-use of their actual skills and qualifications, while at the same time having negative effects on them in social and psychological terms;

| 74. | Recognises that cross-border labour mobility can in part be an effective solution to match labour demand and labour supply across the Union; calls on the Member States, at the same time, to take all necessary action to prevent the phenomenon of ‘brain drain’ through sustainable measures which ensure employment opportunities for highly-skilled workers in their own Member State or region; |
| --- | --- |

74.

Recognises that cross-border labour mobility can in part be an effective solution to match labour demand and labour supply across the Union; calls on the Member States, at the same time, to take all necessary action to prevent the phenomenon of ‘brain drain’ through sustainable measures which ensure employment opportunities for highly-skilled workers in their own Member State or region;

| 75. | Identifies the education-to-work transition as a crucial moment for young people; stresses the importance of measures favouring a secure transition; calls, therefore, on the Member States to develop personalised career counselling, and to strengthen guidance and advisory measures, as well as placement services tailored to the individual’s needs, starting already in the first years of secondary school, with the aim of enabling young people to make well-informed choices about their future education or vocational training, while introducing mechanisms that can monitor the opportunities offered and assess the success rate of those young people’s subsequent transition to work; |
| --- | --- |

75.

Identifies the education-to-work transition as a crucial moment for young people; stresses the importance of measures favouring a secure transition; calls, therefore, on the Member States to develop personalised career counselling, and to strengthen guidance and advisory measures, as well as placement services tailored to the individual’s needs, starting already in the first years of secondary school, with the aim of enabling young people to make well-informed choices about their future education or vocational training, while introducing mechanisms that can monitor the opportunities offered and assess the success rate of those young people’s subsequent transition to work;

| 76. | Stresses the need to encourage all undertakings of a certain size to offer traineeships under a dual training scheme unless they are in major financial difficulty, and to recruit trainees at the end of their traineeships; |
| --- | --- |

76.

Stresses the need to encourage all undertakings of a certain size to offer traineeships under a dual training scheme unless they are in major financial difficulty, and to recruit trainees at the end of their traineeships;

| 77. | Calls on the Member States to ensure that young people can, if they so wish, receive effective assistance in choosing their career and finding out about their rights and their minimum income; |
| --- | --- |

77.

Calls on the Member States to ensure that young people can, if they so wish, receive effective assistance in choosing their career and finding out about their rights and their minimum income;

| 78. | Calls on the Member States to ensure that basic training in job-seeking skills is incorporated into university courses; |
| --- | --- |

78.

Calls on the Member States to ensure that basic training in job-seeking skills is incorporated into university courses;

| 79. | Believes that education systems in the EU should promote the principle of fair and equal opportunities; calls for all the necessary skills to be fostered with a view to facilitating access to lifelong learning, a sine qua non in the knowledge society; |
| --- | --- |

79.

Believes that education systems in the EU should promote the principle of fair and equal opportunities; calls for all the necessary skills to be fostered with a view to facilitating access to lifelong learning, a sine qua non in the knowledge society;

| 80. | Emphasises that all financial resources invested in actively combating youth unemployment should be spent effectively; calls on the Member States to introduce a monitoring and evaluation system for employment measures implemented, which should be public and easy for citizens to access, as well as a system of verification of the effectiveness of those measures, with a view to working increasingly towards evidence-based policies that can also be shared at EU level; in this regard, notes that the establishment of a common system of result and impact indicators would contribute to the quantitative and qualitative evaluation of the progress achieved under the different programmes; |
| --- | --- |

80.

Emphasises that all financial resources invested in actively combating youth unemployment should be spent effectively; calls on the Member States to introduce a monitoring and evaluation system for employment measures implemented, which should be public and easy for citizens to access, as well as a system of verification of the effectiveness of those measures, with a view to working increasingly towards evidence-based policies that can also be shared at EU level; in this regard, notes that the establishment of a common system of result and impact indicators would contribute to the quantitative and qualitative evaluation of the progress achieved under the different programmes;

| 81. | Emphasises that youth organisations should have a recognised role in the monitoring and, where applicable, implementation of policies and initiatives aimed at addressing youth unemployment; |
| --- | --- |

81.

Emphasises that youth organisations should have a recognised role in the monitoring and, where applicable, implementation of policies and initiatives aimed at addressing youth unemployment;

| 82. | Stresses the need to invest in the creation of ‘green jobs’ that are stable and are quality jobs, as a means of allowing young people to have a decent life; calls, furthermore, on the Commission and the Member States to mobilise all available funds to stimulate investment in particular in ‘green jobs’, with a view to combating the unacceptably high rate of youth unemployment; |
| --- | --- |

82.

Stresses the need to invest in the creation of ‘green jobs’ that are stable and are quality jobs, as a means of allowing young people to have a decent life; calls, furthermore, on the Commission and the Member States to mobilise all available funds to stimulate investment in particular in ‘green jobs’, with a view to combating the unacceptably high rate of youth unemployment;

| 83. | Takes the view that more attractive teaching strategies are needed, with better regional insertion and the creation of networks of platforms for the exchange of experiences and good practices between regions and Member States, taking account of varying situations and allowing flexibility in line with each region’s specific needs and characteristics, defining priority areas for the development of each region; |
| --- | --- |

83.

Takes the view that more attractive teaching strategies are needed, with better regional insertion and the creation of networks of platforms for the exchange of experiences and good practices between regions and Member States, taking account of varying situations and allowing flexibility in line with each region’s specific needs and characteristics, defining priority areas for the development of each region;

| 84. | Calls on the Member States to implement measures addressing gender inequalities that are suitable for taking into account vulnerable social groups, including persons with disabilities, migrants and single mothers; |
| --- | --- |

84.

Calls on the Member States to implement measures addressing gender inequalities that are suitable for taking into account vulnerable social groups, including persons with disabilities, migrants and single mothers;

| 85. | Calls on the Member States to pursue policies to encourage the presence of women in sectors and careers where they are under-represented, such as the field of science and technology (in 2009, only 33 % of research scientists in the EU were women) and the economic and financial sector, since choosing such paths would make women more competitive on the labour market; |
| --- | --- |

85.

Calls on the Member States to pursue policies to encourage the presence of women in sectors and careers where they are under-represented, such as the field of science and technology (in 2009, only 33 % of research scientists in the EU were women) and the economic and financial sector, since choosing such paths would make women more competitive on the labour market;

| 86. | Calls on the Commission and the Member States to combat gender segregation, both in education and in the labour market, by identifying specific education and training courses and tuition based on continuous follow-up, abiding by the conclusions set out in the Commission communication of 28 November 2012 entitled ‘Rethinking Education’ (COM(2012)0669), combining education and training policies with targeted employment policies for young women, and promoting and providing incentives for the employment of women in strategic development sectors; |
| --- | --- |

86.

Calls on the Commission and the Member States to combat gender segregation, both in education and in the labour market, by identifying specific education and training courses and tuition based on continuous follow-up, abiding by the conclusions set out in the Commission communication of 28 November 2012 entitled ‘Rethinking Education’ (COM(2012)0669), combining education and training policies with targeted employment policies for young women, and promoting and providing incentives for the employment of women in strategic development sectors;

| 87. | Calls on the Member States to promote young women’s access to the labour market, take measures enabling women to remain employed while they focus on pursuing quality employment and professional growth, and close the gaps with regard to entering the labour market, careers and pay that have always characterised the relationship between women and men in the workplace; |
| --- | --- |

87.

Calls on the Member States to promote young women’s access to the labour market, take measures enabling women to remain employed while they focus on pursuing quality employment and professional growth, and close the gaps with regard to entering the labour market, careers and pay that have always characterised the relationship between women and men in the workplace;

| 88. | Takes the view that helping women to return to the labour market requires multidimensional policy solutions incorporating lifelong learning and action to combat precarious work and promote work with rights and differentiated work organisation practices, at the woman’s request, so that women do not have to give up their careers or take career breaks; |
| --- | --- |

88.

Takes the view that helping women to return to the labour market requires multidimensional policy solutions incorporating lifelong learning and action to combat precarious work and promote work with rights and differentiated work organisation practices, at the woman’s request, so that women do not have to give up their careers or take career breaks;

| 89. | Calls on the Member States to develop appropriate policies in full compliance with European and national legislation, and to introduce specific measures, including work-focused training and employment programmes, to ensure equal opportunities for both young men and young women in gaining actual work experience; |
| --- | --- |

89.

Calls on the Member States to develop appropriate policies in full compliance with European and national legislation, and to introduce specific measures, including work-focused training and employment programmes, to ensure equal opportunities for both young men and young women in gaining actual work experience;

| 90. | Calls on the Commission and the Member States to develop and implement gender mainstreaming and monitoring policies that enable access for unemployed citizens to recruitment and social support services; |
| --- | --- |

90.

Calls on the Commission and the Member States to develop and implement gender mainstreaming and monitoring policies that enable access for unemployed citizens to recruitment and social support services;

| 91. | Instructs its President to forward this resolution to the Council and Commission. |
| --- | --- |

91.

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

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(1)  OJ C 351 E, 2.12.2011, p. 29.

(2)  Texts adopted, P7_TA(2012)0224.

(3)  O-000106/2012; B7-0113/2012.

(4)  Texts adopted, P7_TA(2013)0016.

(5)  OJ C 131 E, 8.5.2013, p. 9.

(6)  Eurofound (2012), NEETs: young people not in employment, education or training: characteristics, costs and policy responses in Europe, Publications Office of the European Union, Luxembourg.

(7)  Eurofound (2012), Effectiveness of policy measures to increase the employment participation of young people, Publications Office of the European Union, Luxembourg

(8)  Eurofound (2011), Helping young workers during the crisis: contributions by social partners and public authorities, Publications Office of the European Union, Luxembourg.

(9)  Texts adopted, P7_TA(2013)0092.

(10)  Eurofound (2012) Recent policy developments related to those not in employment, education and training (NEETs), Publications Office of the European Union, Luxembourg (http://www.eurofound.europa.eu/docs/erm/tn1109042s/tn1109042s.pdf)

(11)  Eurofound (2013) Active inclusion of young people with disabilities or health problems, Publications Office of the European Union, Luxembourg (http://www.eurofound.europa.eu/publications/htmlfiles/ef1226.htm)

(12)  Eurofound (2012), ‘NEETs — Young people not in employment, education or training: Characteristics, costs and policy responses in Europe’. Publications Office of the European Union, Luxembourg.

(13)  Austrian Federal Ministry of Labour, Social Affairs and Consumer Protection, January 2012.

(14)  http://europa.eu/rapid/press-release_IP-12-380_en.htm?locale=fr

(15)  COM(2012)0728

(16)  By initiatives like the MobiPro Programme

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/84 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/84

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P7_TA(2013)0366

Internal market for services

European Parliament resolution of 11 September 2013 on the Internal Market for Services: State of Play and Next Steps (2012/2144(INI))

(2016/C 093/11)

The European Parliament,

| — | having regard to Article 3 of the Treaty on European Union, |
| --- | --- |

—

having regard to Article 3 of the Treaty on European Union,

| — | having regard to Articles 9, 49 and 56 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Articles 9, 49 and 56 of the Treaty on the Functioning of the European Union,

| — | having regard to the Commission Communication entitled ‘The implementation of the Services Directive — A partnership for new growth in services 2012-2015’ (COM(2012)0261) and the accompanying Commission staff working documents, |
| --- | --- |

—

having regard to the Commission Communication entitled ‘The implementation of the Services Directive — A partnership for new growth in services 2012-2015’ (COM(2012)0261) and the accompanying Commission staff working documents,

| — | having regard to the Commission study entitled ‘The economic impact of the Services Directive: A first assessment following implementation’ (Economic Papers No 456), |
| --- | --- |

—

having regard to the Commission study entitled ‘The economic impact of the Services Directive: A first assessment following implementation’ (Economic Papers No 456),

| — | having regard to the Commission Communication entitled ‘Towards a better functioning Single Market for services — building on the results of the mutual evaluation process of the Services Directive’ (COM(2011)0020) and the accompanying Commission staff working document entitled on the process of mutual evaluation of the Services Directive (SEC(2011)0102), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Towards a better functioning Single Market for services — building on the results of the mutual evaluation process of the Services Directive’ (COM(2011)0020) and the accompanying Commission staff working document entitled on the process of mutual evaluation of the Services Directive (SEC(2011)0102),

| — | having regard to the Commission Communication entitled ‘Single Market Act II — Together for new growth’ (COM(2012)0573), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Single Market Act II — Together for new growth’ (COM(2012)0573),

| — | having regard to the Commission Communication entitled ‘Better Governance for the Single Market’ (COM(2012)0259), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Better Governance for the Single Market’ (COM(2012)0259),

| — | having regard to the Commission Communication entitled ‘Single Market Act — Twelve levers to boost growth and strengthen confidence’ (COM(2011)0206), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Single Market Act — Twelve levers to boost growth and strengthen confidence’ (COM(2011)0206),

| — | having regard to the Commission Communication entitled ‘Towards a Single Market Act’ (COM(2010)0608), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Towards a Single Market Act’ (COM(2010)0608),

| — | having regard to the European Council Conclusions of 14—15 March 2013 on the contribution of European policies to growth and employment, |
| --- | --- |

—

having regard to the European Council Conclusions of 14—15 March 2013 on the contribution of European policies to growth and employment,

| — | having regard to the European Council Conclusions of 28—29 June 2012 on a Compact for Growth and Jobs, |
| --- | --- |

—

having regard to the European Council Conclusions of 28—29 June 2012 on a Compact for Growth and Jobs,

| — | having regard to the Council Conclusions of 10 March 2011 on a better functioning Single Market for services — mutual evaluation process of the Services Directive, |
| --- | --- |

—

having regard to the Council Conclusions of 10 March 2011 on a better functioning Single Market for services — mutual evaluation process of the Services Directive,

| — | having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (1), |
| --- | --- |

—

having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (1),

| — | having regard to its resolution of 7 February 2013 with recommendations to the Commission on the governance of the Single Market (2), |
| --- | --- |

—

having regard to its resolution of 7 February 2013 with recommendations to the Commission on the governance of the Single Market (2),

| — | having regard to its resolution of 25 October 2012 on the 20 main concerns of European citizens and business with the functioning of the Single Market (3), |
| --- | --- |

—

having regard to its resolution of 25 October 2012 on the 20 main concerns of European citizens and business with the functioning of the Single Market (3),

| — | having regard to its resolution of 25 October 2011 on the mutual evaluation process of the Services Directive (4), |
| --- | --- |

—

having regard to its resolution of 25 October 2011 on the mutual evaluation process of the Services Directive (4),

| — | having regard to its resolution of 6 April 2011 on governance and partnership in the Single Market (5), |
| --- | --- |

—

having regard to its resolution of 6 April 2011 on governance and partnership in the Single Market (5),

| — | having regard to its resolution of 5 July 2011 on a more efficient and fairer retail market (6), |
| --- | --- |

—

having regard to its resolution of 5 July 2011 on a more efficient and fairer retail market (6),

| — | having regard to its resolution of 15 February 2011 on implementation of the Services Directive 2006/123/EC (7), |
| --- | --- |

—

having regard to its resolution of 15 February 2011 on implementation of the Services Directive 2006/123/EC (7),

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on Employment and Social Affairs (A7-0273/2013), |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on Employment and Social Affairs (A7-0273/2013),

| A. | whereas our single market is a cornerstone of the European construction and its good functioning is essential for the proper implementation of EU policies and is a basis for recovery; |
| --- | --- |

A.

whereas our single market is a cornerstone of the European construction and its good functioning is essential for the proper implementation of EU policies and is a basis for recovery;

| B. | whereas the services sector accounts for more than 65 % of EU GDP and total employment and is a pillar of our economy; whereas services covered by the Services Directive amount to 45 % of EU GDP; |
| --- | --- |

B.

whereas the services sector accounts for more than 65 % of EU GDP and total employment and is a pillar of our economy; whereas services covered by the Services Directive amount to 45 % of EU GDP;

| C. | whereas the full implementation of the Directive will greatly improve the functioning of the single market in services, in particular by facilitating the market access of SMEs and the self-employed, expanding consumer choice and helping to strengthen competitiveness in the EU, growth and employment; |
| --- | --- |

C.

whereas the full implementation of the Directive will greatly improve the functioning of the single market in services, in particular by facilitating the market access of SMEs and the self-employed, expanding consumer choice and helping to strengthen competitiveness in the EU, growth and employment;

| D. | whereas a functional, efficient and more competitive services market is necessary for European industry, European enterprises (especially SMEs) and consumers; |
| --- | --- |

D.

whereas a functional, efficient and more competitive services market is necessary for European industry, European enterprises (especially SMEs) and consumers;

| E. | whereas the Services Directive has brought concrete benefits since its adoption in 2006, facilitating market access for both business and consumers, but has not yet yielded all expected results, due to shortcomings in its implementation; |
| --- | --- |

E.

whereas the Services Directive has brought concrete benefits since its adoption in 2006, facilitating market access for both business and consumers, but has not yet yielded all expected results, due to shortcomings in its implementation;

| F. | whereas fragmented interpretation and inadequate implementation of the directive are still hampering free movement of services across borders; |
| --- | --- |

F.

whereas fragmented interpretation and inadequate implementation of the directive are still hampering free movement of services across borders;

| G. | whereas businesses, in particular SMEs, are still having to comply with an extensive range of administrative and bureaucratic requirements which are a heavy burden for them, particularly when taken together with the difficulties they face in gaining access to credit; |
| --- | --- |

G.

whereas businesses, in particular SMEs, are still having to comply with an extensive range of administrative and bureaucratic requirements which are a heavy burden for them, particularly when taken together with the difficulties they face in gaining access to credit;

| H. | whereas the risk of Services Directive fatigue should not cause us to relax our efforts to realise the directive’s full potential; |
| --- | --- |

H.

whereas the risk of Services Directive fatigue should not cause us to relax our efforts to realise the directive’s full potential;

| I. | whereas the time has come to act, given that, with rising unemployment and deteriorating public finances, the services sector is more than ever a source of competitiveness, growth and jobs that cannot be neglected; |
| --- | --- |

I.

whereas the time has come to act, given that, with rising unemployment and deteriorating public finances, the services sector is more than ever a source of competitiveness, growth and jobs that cannot be neglected;

Services’ untapped potential for growth and jobs

| 1. | Highlights that unnecessary and disproportionate administrative burden, discriminatory practices and unjustified restrictions to service provision across the EU are blocking significant sources of growth, hampering the creation of jobs and causing businesses to miss opportunities; |
| --- | --- |

1.

Highlights that unnecessary and disproportionate administrative burden, discriminatory practices and unjustified restrictions to service provision across the EU are blocking significant sources of growth, hampering the creation of jobs and causing businesses to miss opportunities;

| 2. | Emphasises that if Member States were ready to implement the Services Directive properly and fully, and remove unjustified restrictions, the Commission’s ambitious estimate is that the EU could make an economic gain of up to 2,6 % of GDP in 5-10 years; |
| --- | --- |

2.

Emphasises that if Member States were ready to implement the Services Directive properly and fully, and remove unjustified restrictions, the Commission’s ambitious estimate is that the EU could make an economic gain of up to 2,6 % of GDP in 5-10 years;

| 3. | Notes that the Commission should focus its efforts on those service sectors that are of great economic importance and have above-average growth potential, such as business services, construction services, tourism services and retail, so as to produce tangible results in the short term for growth and jobs; |
| --- | --- |

3.

Notes that the Commission should focus its efforts on those service sectors that are of great economic importance and have above-average growth potential, such as business services, construction services, tourism services and retail, so as to produce tangible results in the short term for growth and jobs;

| 4. | Stresses that effective enforcement of existing rules is a smart and fast way of contributing to growth without public spending; underlines the urgent need to make the directive work in practice with a view to releasing its untapped potential and contributing to Europe’s model of a balanced and sustainable social market economy; |
| --- | --- |

4.

Stresses that effective enforcement of existing rules is a smart and fast way of contributing to growth without public spending; underlines the urgent need to make the directive work in practice with a view to releasing its untapped potential and contributing to Europe’s model of a balanced and sustainable social market economy;

| 5. | Stresses the importance of developing better indicators of Single Market performance based on real experiences and expectations of businesses and consumers to enhance functionality and their knowledge of the various rights that can be invoked to ensure access to the Single Market for Services; |
| --- | --- |

5.

Stresses the importance of developing better indicators of Single Market performance based on real experiences and expectations of businesses and consumers to enhance functionality and their knowledge of the various rights that can be invoked to ensure access to the Single Market for Services;

| 6. | Welcomes the development of the Digital Single Market and new forms of services such as digital and mobile services and mixed goods/services packages; underlines the need to implement the directive to its full extent, in letter and spirit, and in a future-proof manner in order to encourage innovation; |
| --- | --- |

6.

Welcomes the development of the Digital Single Market and new forms of services such as digital and mobile services and mixed goods/services packages; underlines the need to implement the directive to its full extent, in letter and spirit, and in a future-proof manner in order to encourage innovation;

| 7. | Encourages also the gradual opening-up of the internal market for services in the welfare sector, while respecting the provisions of the Services Directive; |
| --- | --- |

7.

Encourages also the gradual opening-up of the internal market for services in the welfare sector, while respecting the provisions of the Services Directive;

| 8. | Recalls that the Services Directive does not force the liberalisation of services, but paves the way for both business and consumers to grasp the full potential of our single market in the context of a competitive social market economy; |
| --- | --- |

8.

Recalls that the Services Directive does not force the liberalisation of services, but paves the way for both business and consumers to grasp the full potential of our single market in the context of a competitive social market economy;

| 9. | Welcomes the Commission Communication on the implementation of the Services Directive entitled ‘A partnership for new growth in services 2012-2015’ (COM(2012)0261), which responds to the reporting obligation as set out in Article 41 of the directive; reiterates the need to take account of the medium- and long-term effects of the Services Directive on employment in the EU; |
| --- | --- |

9.

Welcomes the Commission Communication on the implementation of the Services Directive entitled ‘A partnership for new growth in services 2012-2015’ (COM(2012)0261), which responds to the reporting obligation as set out in Article 41 of the directive; reiterates the need to take account of the medium- and long-term effects of the Services Directive on employment in the EU;

Barriers, borders and burdens to free movement

| 10. | Regrets that there is a significant number of identified cases where Member States are inappropriately invoking overriding reasons of public interest (Article15 of the Services Directive) for the sole purpose of protecting and favouring their domestic market; considers that the use of overriding reasons of public interest should always be objectively justified and strictly proportionate to the objective pursued, consistent with European Court of Justice (ECJ) case law; highlights the fact that burdensome legal-form and shareholder requirements, territorial restrictions, economic needs tests and fixed tariffs create unjustified obstacles to efficient cross-border establishment and damage the internal market for services; |
| --- | --- |

10.

Regrets that there is a significant number of identified cases where Member States are inappropriately invoking overriding reasons of public interest (Article15 of the Services Directive) for the sole purpose of protecting and favouring their domestic market; considers that the use of overriding reasons of public interest should always be objectively justified and strictly proportionate to the objective pursued, consistent with European Court of Justice (ECJ) case law; highlights the fact that burdensome legal-form and shareholder requirements, territorial restrictions, economic needs tests and fixed tariffs create unjustified obstacles to efficient cross-border establishment and damage the internal market for services;

| 11. | Regrets that the proportionality assessment is rarely made; asks the Commission to clarify the concept of proportionality and issue practical guidance to the Member States on how to apply it, building on existing ECJ case law; |
| --- | --- |

11.

Regrets that the proportionality assessment is rarely made; asks the Commission to clarify the concept of proportionality and issue practical guidance to the Member States on how to apply it, building on existing ECJ case law;

| 12. | Urges Member States to apply effectively and fully the freedom to provide services clause (Article16 of the Services Directive) and to remove double regulatory burdens; |
| --- | --- |

12.

Urges Member States to apply effectively and fully the freedom to provide services clause (Article16 of the Services Directive) and to remove double regulatory burdens;

| 13. | Points out that, for activities where the number of authorisations available may be limited because of scarcity of natural resources or technical capacity, the Services Directive states the need to enable the provider to recoup the cost of investment and to make a fair return on the capital invested, without restricting or distorting free competition; |
| --- | --- |

13.

Points out that, for activities where the number of authorisations available may be limited because of scarcity of natural resources or technical capacity, the Services Directive states the need to enable the provider to recoup the cost of investment and to make a fair return on the capital invested, without restricting or distorting free competition;

| 14. | Is concerned at the growing number of discrimination cases reported by consumers; urges Member States to enforce correctly and fully Article 20(2) of the Services Directive and calls on businesses to refrain from unjustified discriminatory practices on grounds of nationality or place of residence; highlights, however, that any obligation to sell is against the fundamental principle of freedom of contract; welcomes, therefore, the Commission’s ongoing work on a guidance report on non-discrimination, striking the right balance for the benefit of consumers and businesses; welcomes also the role of European Consumer Centres in identifying and solving the irregularities observed; |
| --- | --- |

14.

Is concerned at the growing number of discrimination cases reported by consumers; urges Member States to enforce correctly and fully Article 20(2) of the Services Directive and calls on businesses to refrain from unjustified discriminatory practices on grounds of nationality or place of residence; highlights, however, that any obligation to sell is against the fundamental principle of freedom of contract; welcomes, therefore, the Commission’s ongoing work on a guidance report on non-discrimination, striking the right balance for the benefit of consumers and businesses; welcomes also the role of European Consumer Centres in identifying and solving the irregularities observed;

Smart governance of the internal market for services

| 15. | Underlines that the smooth functioning of the internal market for services requires interplay with sector-specific rules that may require extra authorisations, leading to cumulative costs especially for businesses; highlights that it also depends on the implementation of other EU legislative acts; calls, therefore, on Member States to take an integrated approach to the internal market for services in order to ensure legal certainty for consumers and business, in particular SMEs; |
| --- | --- |

15.

Underlines that the smooth functioning of the internal market for services requires interplay with sector-specific rules that may require extra authorisations, leading to cumulative costs especially for businesses; highlights that it also depends on the implementation of other EU legislative acts; calls, therefore, on Member States to take an integrated approach to the internal market for services in order to ensure legal certainty for consumers and business, in particular SMEs;

| 16. | Calls on the Commission to ensure consistency between the peer review under the Services Directive and the mutual evaluation under the Professional Qualifications Directive; stresses that a careful case-by-case assessment should be made, including of the justifications put forward by Member States on why certain requirements are maintained, in order to identify specific areas where Member States are disproportionately regulating the exercise of a profession or blocking access to certain professions; urges Member States to remove such unjustified requirements; |
| --- | --- |

16.

Calls on the Commission to ensure consistency between the peer review under the Services Directive and the mutual evaluation under the Professional Qualifications Directive; stresses that a careful case-by-case assessment should be made, including of the justifications put forward by Member States on why certain requirements are maintained, in order to identify specific areas where Member States are disproportionately regulating the exercise of a profession or blocking access to certain professions; urges Member States to remove such unjustified requirements;

| 17. | Asks the Member States to make greater use of mutual recognition to facilitate the free movement of services, wherever harmonised rules are not yet in place; |
| --- | --- |

17.

Asks the Member States to make greater use of mutual recognition to facilitate the free movement of services, wherever harmonised rules are not yet in place;

| 18. | Notes that the diversity of national standards is causing fragmentation and uncertainty; encourages the development of voluntary European standards for services covered by the Services Directive as a way to improve cross-border comparability and trade; |
| --- | --- |

18.

Notes that the diversity of national standards is causing fragmentation and uncertainty; encourages the development of voluntary European standards for services covered by the Services Directive as a way to improve cross-border comparability and trade;

| 19. | Considers that the European Commission and the European standardisation organisations should work in close cooperation in order to ensure, where relevant, coherence in the terminology used so that the rules are applied consistently throughout the EU; |
| --- | --- |

19.

Considers that the European Commission and the European standardisation organisations should work in close cooperation in order to ensure, where relevant, coherence in the terminology used so that the rules are applied consistently throughout the EU;

| 20. | Highlights also the fact that inadequate cross-border coverage of insurance for service providers is a major hindrance to free movement; urges stakeholders to find solutions through dialogue; |
| --- | --- |

20.

Highlights also the fact that inadequate cross-border coverage of insurance for service providers is a major hindrance to free movement; urges stakeholders to find solutions through dialogue;

| 21. | Encourages broader use of the IMI-system between Member States to check compliance with the requirements of the directive, in particular in cases of the cross-border provision of services, and of European Consumer Centres as well as SOLVIT to help businesses and consumers with conflicting rules and non-compliance; underlines, to this effect, the importance of ensuring full access of associated partners to the SOLVIT network at a technical level; |
| --- | --- |

21.

Encourages broader use of the IMI-system between Member States to check compliance with the requirements of the directive, in particular in cases of the cross-border provision of services, and of European Consumer Centres as well as SOLVIT to help businesses and consumers with conflicting rules and non-compliance; underlines, to this effect, the importance of ensuring full access of associated partners to the SOLVIT network at a technical level;

| 22. | Notes that Single Market tools including SOLVIT should work better in terms of time taken to resolve cases; stresses the importance of improved targets and key performance indicators in this regard; welcomes the Commission’s initiative to revise SOLVIT’s legal framework; |
| --- | --- |

22.

Notes that Single Market tools including SOLVIT should work better in terms of time taken to resolve cases; stresses the importance of improved targets and key performance indicators in this regard; welcomes the Commission’s initiative to revise SOLVIT’s legal framework;

| 23. | Urges Member States to upgrade to second-generation Points of Single Contact that are fully functional, multilingual and user-friendly e-government portals; stresses the importance of taking a service-provider approach covering the entire business cycle; believes that e-procedures will enhance simplification, reduce compliance costs and increase legal certainty; calls on Member States to ensure full interoperability of their PSCs and make them known across borders, informing European citizens and businesses about their rights and opportunities deriving from the Services Directive; calls, furthermore, on the Commission to set out clear benchmarking criteria for the evaluation of PSCs, including data on their usage levels, and to regularly report to Parliament on progress made; |
| --- | --- |

23.

Urges Member States to upgrade to second-generation Points of Single Contact that are fully functional, multilingual and user-friendly e-government portals; stresses the importance of taking a service-provider approach covering the entire business cycle; believes that e-procedures will enhance simplification, reduce compliance costs and increase legal certainty; calls on Member States to ensure full interoperability of their PSCs and make them known across borders, informing European citizens and businesses about their rights and opportunities deriving from the Services Directive; calls, furthermore, on the Commission to set out clear benchmarking criteria for the evaluation of PSCs, including data on their usage levels, and to regularly report to Parliament on progress made;

Better enforcement for maximised economic effects

| 24. | Highlights the fact that, where properly enforced, the Services Directive has brought concrete results in terms of jobs and growth; supports, therefore, the exchange of best practices between Member States, including innovative solutions between competent authorities in border regions; |
| --- | --- |

24.

Highlights the fact that, where properly enforced, the Services Directive has brought concrete results in terms of jobs and growth; supports, therefore, the exchange of best practices between Member States, including innovative solutions between competent authorities in border regions;

| 25. | Points out that inadequate implementation has a ‘borderless’ impact, with citizens across the EU paying the price; emphasises that all Member States have a responsibility vis-à-vis one another and the Union to enforce effectively the directive and should be confronted with their obligations on an equal footing; |
| --- | --- |

25.

Points out that inadequate implementation has a ‘borderless’ impact, with citizens across the EU paying the price; emphasises that all Member States have a responsibility vis-à-vis one another and the Union to enforce effectively the directive and should be confronted with their obligations on an equal footing;

| 26. | Calls on the Commission to assist Member States with the key problems they have identified regarding implementation and application of EU Single Market legislation, including on how to improve transposition and compliance deficits and obtaining fast and efficient judicial redress; |
| --- | --- |

26.

Calls on the Commission to assist Member States with the key problems they have identified regarding implementation and application of EU Single Market legislation, including on how to improve transposition and compliance deficits and obtaining fast and efficient judicial redress;

| 27. | Stresses that competent regional and local authorities must also take their shared responsibility for full and qualitative enforcement of the letter and the spirit of the directive, with the overall aim of stimulating economic activity and employment; highlights, in that respect, the importance of reducing administrative burdens; |
| --- | --- |

27.

Stresses that competent regional and local authorities must also take their shared responsibility for full and qualitative enforcement of the letter and the spirit of the directive, with the overall aim of stimulating economic activity and employment; highlights, in that respect, the importance of reducing administrative burdens;

| 28. | Strongly supports the Commission’s zero tolerance policy with regard to unjustified restrictions; encourages the Commission to make use of all means at its disposal to ensure full and correct implementation of existing rules, in dialogue on an equal basis with Member States; calls for fast-track infringement procedures to be applied and completed no later than 18 months, whenever incorrect or insufficient implementation or breaches of the directive by Member States are identified; |
| --- | --- |

28.

Strongly supports the Commission’s zero tolerance policy with regard to unjustified restrictions; encourages the Commission to make use of all means at its disposal to ensure full and correct implementation of existing rules, in dialogue on an equal basis with Member States; calls for fast-track infringement procedures to be applied and completed no later than 18 months, whenever incorrect or insufficient implementation or breaches of the directive by Member States are identified;

| 29. | Calls on the Commission to use the ‘Single Market Month’ as an opportunity to showcase the benefits of the Single Market for services to businesses; |
| --- | --- |

29.

Calls on the Commission to use the ‘Single Market Month’ as an opportunity to showcase the benefits of the Single Market for services to businesses;

Strengthening transparency and accountability

| 30. | Asks the Commission, on the basis of the outcome of the peer reviews, to list the most burdensome restrictions, propose targeted reforms and keep the Council and Parliament informed; |
| --- | --- |

30.

Asks the Commission, on the basis of the outcome of the peer reviews, to list the most burdensome restrictions, propose targeted reforms and keep the Council and Parliament informed;

| 31. | Encourages the Commission to pay particular attention to the services sector in Annual Growth Surveys and State of Single Market Integration Reports, and to include services in the country-specific recommendations; considers that the Commission and the Council, via these detailed country-specific recommendations, should continue to encourage Member States to adopt and implement long-term growth policies; |
| --- | --- |

31.

Encourages the Commission to pay particular attention to the services sector in Annual Growth Surveys and State of Single Market Integration Reports, and to include services in the country-specific recommendations; considers that the Commission and the Council, via these detailed country-specific recommendations, should continue to encourage Member States to adopt and implement long-term growth policies;

| 32. | Calls on the national parliaments to engage actively in supporting the enforcement of the directive and use their powers of scrutiny vis-à-vis national authorities at all levels; |
| --- | --- |

32.

Calls on the national parliaments to engage actively in supporting the enforcement of the directive and use their powers of scrutiny vis-à-vis national authorities at all levels;

| 33. | Urges stakeholders, the business community and social partners to play their part in holding governments to account for revitalising the European services sector and creating stable jobs; |
| --- | --- |

33.

Urges stakeholders, the business community and social partners to play their part in holding governments to account for revitalising the European services sector and creating stable jobs;

| 34. | Asks the Council and its Presidency to place the internal market for services on the agenda for Competitiveness Council meetings on a regular basis; suggests reintroducing the Commission’s ‘compliance reports’ as a means of measuring the progress made in facilitating market access; |
| --- | --- |

34.

Asks the Council and its Presidency to place the internal market for services on the agenda for Competitiveness Council meetings on a regular basis; suggests reintroducing the Commission’s ‘compliance reports’ as a means of measuring the progress made in facilitating market access;

| 35. | Urges the members of the European Council to take full political responsibility for a well functioning internal market for services; invites the President of the European Council to keep this topic on the European Council’s agenda for as long as is necessary, with a commonly agreed roadmap, including specific benchmarks and a timetable for Member States to give a fresh impetus and remove remaining obstacles to the full enforcement of the Services Directive; |
| --- | --- |

35.

Urges the members of the European Council to take full political responsibility for a well functioning internal market for services; invites the President of the European Council to keep this topic on the European Council’s agenda for as long as is necessary, with a commonly agreed roadmap, including specific benchmarks and a timetable for Member States to give a fresh impetus and remove remaining obstacles to the full enforcement of the Services Directive;

o

o o

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

36.

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

---

(1)  OJ L 376, 27.12.2006, p. 36.

(2)  Text adopted, P7_TA(2013)0054.

(3)  Text adopted, P7_TA(2012)0395.

(4)  OJ C 131 E, 8.5.2013, p. 46.

(5)  OJ C 296 E, 2.10.2012, p. 51.

(6)  OJ C 33 E, 5.2.2013, p. 9.

(7)  OJ C 188 E, 28.6.2012, p. 1.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/89 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/89

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P7_TA(2013)0367

Negotiations for an EU-Malaysia partnership and cooperation agreement

European Parliament resolution of 11 September 2013 containing its recommendation to the Council, the Commission and the EEAS on the negotiations for an EU-Malaysia partnership and cooperation agreement (2013/2052(INI))

(2016/C 093/12)

The European Parliament,

| — | having regard to Council Regulation (EEC) No 1440/80 of 30 May 1980 concerning the conclusion of the Cooperation Agreement between the European Economic Community and Indonesia, Malaysia, the Philippines, Singapore and Thailand — member countries of the Association of the South-East Asian Nations (1), |
| --- | --- |

—

having regard to Council Regulation (EEC) No 1440/80 of 30 May 1980 concerning the conclusion of the Cooperation Agreement between the European Economic Community and Indonesia, Malaysia, the Philippines, Singapore and Thailand — member countries of the Association of the South-East Asian Nations (1),

| — | having regard to the negotiations authorised by the Council in November 2004 and opened in Brussels in October 2010, at the occasion of the eighth EU-Asia (ASEM8) summit, on an EU-Malaysia partnership and cooperation agreement (PCA), |
| --- | --- |

—

having regard to the negotiations authorised by the Council in November 2004 and opened in Brussels in October 2010, at the occasion of the eighth EU-Asia (ASEM8) summit, on an EU-Malaysia partnership and cooperation agreement (PCA),

| — | having regard to the ASEM9 summit held in Vientiane (Laos) on 5 and 6 November 2012, |
| --- | --- |

—

having regard to the ASEM9 summit held in Vientiane (Laos) on 5 and 6 November 2012,

| — | having regard to the Association of Southeast Asian Nations (ASEAN) summit held in Cambodia from 18 to 20 November 2012, |
| --- | --- |

—

having regard to the Association of Southeast Asian Nations (ASEAN) summit held in Cambodia from 18 to 20 November 2012,

| — | having regard to its resolution of 15 February 2007 on the draft Commission decisions establishing Country Strategy Papers and Indicative Programmes for Malaysia, Brazil and Pakistan (2), |
| --- | --- |

—

having regard to its resolution of 15 February 2007 on the draft Commission decisions establishing Country Strategy Papers and Indicative Programmes for Malaysia, Brazil and Pakistan (2),

| — | having regard to its resolution of 16 December 2010 on ‘Malaysia: the practice of caning’ (3), |
| --- | --- |

—

having regard to its resolution of 16 December 2010 on ‘Malaysia: the practice of caning’ (3),

| — | having regard to its resolution of 21 January 2010 on ‘recent attacks on Christian communities’ (4), |
| --- | --- |

—

having regard to its resolution of 21 January 2010 on ‘recent attacks on Christian communities’ (4),

| — | having regard to its resolution of 27 September 2011 on a New Trade Policy for Europe under the Europe 2020 Strategy (5), |
| --- | --- |

—

having regard to its resolution of 27 September 2011 on a New Trade Policy for Europe under the Europe 2020 Strategy (5),

| — | having regard to the accession of the European Union to the Treaty of Amity and Cooperation in Southeast Asia in July 2012 (6), |
| --- | --- |

—

having regard to the accession of the European Union to the Treaty of Amity and Cooperation in Southeast Asia in July 2012 (6),

| — | having regard to the ongoing negotiations on an EU-Malaysia free trade agreement (FTA), |
| --- | --- |

—

having regard to the ongoing negotiations on an EU-Malaysia free trade agreement (FTA),

| — | having regard to the Agreement between the European Community and the Government of Malaysia on certain aspects of air services, signed in 2007 (7), |
| --- | --- |

—

having regard to the Agreement between the European Community and the Government of Malaysia on certain aspects of air services, signed in 2007 (7),

| — | having regard to the negotiations on a Voluntary Partnership Agreement with Malaysia in relation to the Forest Law Enforcement, Governance and Trade (FLEGT) Action Plan, which started in 2007, |
| --- | --- |

—

having regard to the negotiations on a Voluntary Partnership Agreement with Malaysia in relation to the Forest Law Enforcement, Governance and Trade (FLEGT) Action Plan, which started in 2007,

| — | having regard to the Malaysia-European Community Strategy Paper for the period 2007-2013, |
| --- | --- |

—

having regard to the Malaysia-European Community Strategy Paper for the period 2007-2013,

| — | having regard to Rules 90(4) and 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 90(4) and 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on International Trade (A7-0235/2013), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on International Trade (A7-0235/2013),

| A. | whereas Malaysia is a founding member of ASEAN and will chair the organisation in 2015; whereas Malaysia is the EU’s second most important trading partner in ASEAN; |
| --- | --- |

A.

whereas Malaysia is a founding member of ASEAN and will chair the organisation in 2015; whereas Malaysia is the EU’s second most important trading partner in ASEAN;

| B. | whereas Malaysia is an active member of the Asia-Pacific Economic Cooperation (APEC) forum, the Organisation of Islamic Cooperation (OIC), the Non-Aligned Movement (NAM), the Asian Development Bank (ADB), the UN Economic and Social Commission for Asia and the Pacific (Unescap), the Colombo Plan promoting economic and social development in the Asia-Pacific region, the UN Food and Agriculture Organisation (FAO), the Asia-Europe Meeting (ASEM)), and the Brunei Darussalam-Indonesia-Malaysia-Philippines East Asian Growth Area (BIMP-EAGA); whereas Malaysia has also been a member of the World Trade Organisation (WTO) since its establishment in 1995, and is a member of the Group of 77 (G77) developing countries, the Developing Eight (D-8), the G15 and the UN Human Rights Council (2010-2013), among others; |
| --- | --- |

B.

whereas Malaysia is an active member of the Asia-Pacific Economic Cooperation (APEC) forum, the Organisation of Islamic Cooperation (OIC), the Non-Aligned Movement (NAM), the Asian Development Bank (ADB), the UN Economic and Social Commission for Asia and the Pacific (Unescap), the Colombo Plan promoting economic and social development in the Asia-Pacific region, the UN Food and Agriculture Organisation (FAO), the Asia-Europe Meeting (ASEM)), and the Brunei Darussalam-Indonesia-Malaysia-Philippines East Asian Growth Area (BIMP-EAGA); whereas Malaysia has also been a member of the World Trade Organisation (WTO) since its establishment in 1995, and is a member of the Group of 77 (G77) developing countries, the Developing Eight (D-8), the G15 and the UN Human Rights Council (2010-2013), among others;

| C. | whereas in October 2010 Malaysia joined the Trans-Pacific Partnership (TPP), established in 2005 with a view to concluding a free-trade agreement which could have major consequences for EU trade policy; whereas the negotiations conducted by the TPP took a hugely important turn with the accession of the United States in February 2008, Mexico in June 2012 and Canada in October 2012; |
| --- | --- |

C.

whereas in October 2010 Malaysia joined the Trans-Pacific Partnership (TPP), established in 2005 with a view to concluding a free-trade agreement which could have major consequences for EU trade policy; whereas the negotiations conducted by the TPP took a hugely important turn with the accession of the United States in February 2008, Mexico in June 2012 and Canada in October 2012;

| D. | whereas Malaysia is a frequent contributor to UN and other peacekeeping missions, including to Lebanon, Timor-Leste, the Philippines, Indonesia, Pakistan, Sierra Leone, Sudan, Western Sahara, Nepal and Kosovo, and has deployed a medical unit to Afghanistan; |
| --- | --- |

D.

whereas Malaysia is a frequent contributor to UN and other peacekeeping missions, including to Lebanon, Timor-Leste, the Philippines, Indonesia, Pakistan, Sierra Leone, Sudan, Western Sahara, Nepal and Kosovo, and has deployed a medical unit to Afghanistan;

| E. | whereas Malaysia has a multicultural, multi-linguistic, multi-faith and multi-ethnic society, with a Malay-Muslim majority and minority communities of Indians, Chinese and non-Malay indigenous people; |
| --- | --- |

E.

whereas Malaysia has a multicultural, multi-linguistic, multi-faith and multi-ethnic society, with a Malay-Muslim majority and minority communities of Indians, Chinese and non-Malay indigenous people;

| F. | whereas Malaysia held parliamentary elections on 5 May 2013; |
| --- | --- |

F.

whereas Malaysia held parliamentary elections on 5 May 2013;

| G. | whereas Malaysia, an emerging economy, has established successive socioeconomic restructuring programmes, starting with the New Economic Policy (NEP) in 1971, which was replaced by the National Development Policy in 1991 and subsequently by the National Vision Policy in 2001 under the ‘New Economic Model’ for Malaysia’s long term development goal to become a developed country by 2020 (‘Vision 2020’); |
| --- | --- |

G.

whereas Malaysia, an emerging economy, has established successive socioeconomic restructuring programmes, starting with the New Economic Policy (NEP) in 1971, which was replaced by the National Development Policy in 1991 and subsequently by the National Vision Policy in 2001 under the ‘New Economic Model’ for Malaysia’s long term development goal to become a developed country by 2020 (‘Vision 2020’);

| H. | whereas Malaysia adopted a Peaceful Assembly Act on 20 December 2011; |
| --- | --- |

H.

whereas Malaysia adopted a Peaceful Assembly Act on 20 December 2011;

| I. | whereas cooperation between the EU and Malaysia on women’s rights, children’s rights, indigenous peoples’ rights, migration, freedom of the press and human rights defenders has been strengthened by regular contacts with the civil society and the Malaysian Human Rights Commission (Suhakam); whereas the EU is also gradually establishing cooperation with Malaysia in areas falling under the Common Foreign and Security Policy (CFSP) such as maritime security and non-proliferation of weapons of mass destruction; |
| --- | --- |

I.

whereas cooperation between the EU and Malaysia on women’s rights, children’s rights, indigenous peoples’ rights, migration, freedom of the press and human rights defenders has been strengthened by regular contacts with the civil society and the Malaysian Human Rights Commission (Suhakam); whereas the EU is also gradually establishing cooperation with Malaysia in areas falling under the Common Foreign and Security Policy (CFSP) such as maritime security and non-proliferation of weapons of mass destruction;

| J. | whereas to foster further relations the Malaysian Parliament set up the Interparliamentary Union (IPU) Malaysia-EU Caucus in November 2010, with members representing both the government coalition and the opposition; |
| --- | --- |

J.

whereas to foster further relations the Malaysian Parliament set up the Interparliamentary Union (IPU) Malaysia-EU Caucus in November 2010, with members representing both the government coalition and the opposition;

| 1. | Addresses the following recommendations to the Council, the Commission and the European External Action Service:


  On the partnership and cooperation agreement negotiations








  (a) | to elevate the EU’s relations with countries in Southeast Asia, including and in particular Malaysia, through the timely conclusion of the negotiations on partnership and cooperation agreements with seven ASEAN countries; to raise awareness in the EU of the importance, significant potential and the multi-faceted nature of those relations; |
| --- | --- | --- |

1.

Addresses the following recommendations to the Council, the Commission and the European External Action Service:

On the partnership and cooperation agreement negotiations

(a)

to elevate the EU’s relations with countries in Southeast Asia, including and in particular Malaysia, through the timely conclusion of the negotiations on partnership and cooperation agreements with seven ASEAN countries; to raise awareness in the EU of the importance, significant potential and the multi-faceted nature of those relations;

| (b) | to emphasize that the EU-Malaysia partnership and cooperation agreement will provide unique opportunities to establish a new level of strategic and political framework for the bilateral relations, expand the EU’s engagement in a number of areas of mutual interest — among others in trade cooperation, energy, science & technology, migration, counter-terrorism, human rights and fundamental freedoms, good governance, social standards and labour conditions, anti-corruption, trafficking in persons and non-proliferation — and strengthen the EU-Malaysia policy dialogue on environment, green technology and climate change; |
| --- | --- |

(b)

to emphasize that the EU-Malaysia partnership and cooperation agreement will provide unique opportunities to establish a new level of strategic and political framework for the bilateral relations, expand the EU’s engagement in a number of areas of mutual interest — among others in trade cooperation, energy, science & technology, migration, counter-terrorism, human rights and fundamental freedoms, good governance, social standards and labour conditions, anti-corruption, trafficking in persons and non-proliferation — and strengthen the EU-Malaysia policy dialogue on environment, green technology and climate change;

| (c) | to strengthen the EU negotiating team during negotiation rounds to match the thematic expertise available on the Malaysian side and, in addition to facilitating the negotiations, show appropriate EU interest in them; |
| --- | --- |

(c)

to strengthen the EU negotiating team during negotiation rounds to match the thematic expertise available on the Malaysian side and, in addition to facilitating the negotiations, show appropriate EU interest in them;

| (d) | to call for a consistent approach to the PCA and FTA negotiations; to recall that each must support the other’s objectives; |
| --- | --- |

(d)

to call for a consistent approach to the PCA and FTA negotiations; to recall that each must support the other’s objectives;

| (e) | to emphasise that the two negotiations should be dependent on each other and be carried out in parallel; |
| --- | --- |

(e)

to emphasise that the two negotiations should be dependent on each other and be carried out in parallel;

Political dialogue

| (f) | to commend the creation of the Malaysian Maritime Enforcement Agency (MMEA) combining all law enforcement activities of federal laws at sea in one agency; to commend the results of Malaysia’s subregional cooperation with Singapore, Indonesia, the Philippines, Thailand, the Asia Maritime Security Initiative (Amarsective) and the Regional Cooperation Agreement on Combating Piracy and Armed Robbery Against Ships in Asia (ReCAAP), and of cooperation within the ASEAN Regional Forum (ARF), in significantly improving maritime security in both the Malacca Strait, through which more than 50 000 vessels pass annually, and Malaysia’s coastal waters; to express appreciation for the fact that the Malaysian Armed Forces have taken part in the anti-piracy operations off the Somali coast; sees potential for closer EU-Malaysian cooperation in enhancing maritime security, in particular in coast guard capacity-building, information sharing, naval interoperability and the development of legal aspects; |
| --- | --- |

(f)

to commend the creation of the Malaysian Maritime Enforcement Agency (MMEA) combining all law enforcement activities of federal laws at sea in one agency; to commend the results of Malaysia’s subregional cooperation with Singapore, Indonesia, the Philippines, Thailand, the Asia Maritime Security Initiative (Amarsective) and the Regional Cooperation Agreement on Combating Piracy and Armed Robbery Against Ships in Asia (ReCAAP), and of cooperation within the ASEAN Regional Forum (ARF), in significantly improving maritime security in both the Malacca Strait, through which more than 50 000 vessels pass annually, and Malaysia’s coastal waters; to express appreciation for the fact that the Malaysian Armed Forces have taken part in the anti-piracy operations off the Somali coast; sees potential for closer EU-Malaysian cooperation in enhancing maritime security, in particular in coast guard capacity-building, information sharing, naval interoperability and the development of legal aspects;

| (g) | to reiterate the global importance of the South China Sea and to appeal to all the parties involved to settle their conflicting territorial claims, including those relating to the Spratly/Nansha Islands, by means of international arbitration, in accordance with international law (in particular the UN Convention on the Law of the Sea), in order to ensure regional stability and peace; to condemn recent violent events in Sabah and to call for the peaceful resolution of the situation; to commend Malaysia and Singapore for having peacefully solved in 2010 long-standing territorial and water disputes; |
| --- | --- |

(g)

to reiterate the global importance of the South China Sea and to appeal to all the parties involved to settle their conflicting territorial claims, including those relating to the Spratly/Nansha Islands, by means of international arbitration, in accordance with international law (in particular the UN Convention on the Law of the Sea), in order to ensure regional stability and peace; to condemn recent violent events in Sabah and to call for the peaceful resolution of the situation; to commend Malaysia and Singapore for having peacefully solved in 2010 long-standing territorial and water disputes;

| (h) | to welcome cooperation and take positive note of Malaysia’s increased capability to combat terrorism, money laundering, drug and arms trafficking and the forgery of travel documents; |
| --- | --- |

(h)

to welcome cooperation and take positive note of Malaysia’s increased capability to combat terrorism, money laundering, drug and arms trafficking and the forgery of travel documents;

| (i) | to recall that Malaysia enjoyed an extraordinarily high degree of political stability over a long period; to congratulate on the very high turnout in the 5 May 2013 legislative elections, expressing the interest of the people in the political participation; to note that the latest elections showed Malaysia’s move towards a more pluralist democracy; to call on the Malaysian authorities to see to it that an independent and impartial assessment on the elections is made in response to allegations of irregularities; to call on the new government to respond to the growing ethnic and political tension, the wider distribution of popular support among a number of political parties and the increasing civil unrest and growing number of demonstrations, and open up an active dialogue with the opposition and with all ethnic groups; to stress also the importance of taking measures to address public discontent over corruption; to call on the government to continue with the economic and political reform agenda, including electoral reform; |
| --- | --- |

(i)

to recall that Malaysia enjoyed an extraordinarily high degree of political stability over a long period; to congratulate on the very high turnout in the 5 May 2013 legislative elections, expressing the interest of the people in the political participation; to note that the latest elections showed Malaysia’s move towards a more pluralist democracy; to call on the Malaysian authorities to see to it that an independent and impartial assessment on the elections is made in response to allegations of irregularities; to call on the new government to respond to the growing ethnic and political tension, the wider distribution of popular support among a number of political parties and the increasing civil unrest and growing number of demonstrations, and open up an active dialogue with the opposition and with all ethnic groups; to stress also the importance of taking measures to address public discontent over corruption; to call on the government to continue with the economic and political reform agenda, including electoral reform;

| (j) | to seek Malaysia’s commitment to continue developing socio-economic policies that ensure fair treatment of all ethnic and religious groups and that assure all citizens of Malaysia of their full rights, including access to the civil service, education and business opportunities; to promote inclusiveness in Malaysia’s economic growth also for the poorest, while acknowledging the achievements in the development of the country and in the reduction of poverty achieved; |
| --- | --- |

(j)

to seek Malaysia’s commitment to continue developing socio-economic policies that ensure fair treatment of all ethnic and religious groups and that assure all citizens of Malaysia of their full rights, including access to the civil service, education and business opportunities; to promote inclusiveness in Malaysia’s economic growth also for the poorest, while acknowledging the achievements in the development of the country and in the reduction of poverty achieved;

| (k) | to encourage the government to involve Malaysia’s prolific and active civil society further in the decision-making process through consultation, and to lift restrictions on civil society; to commend the work of civil society in drawing attention to environmental issues, women’s rights, consumer protection, the rights of indigenous people and other ethnic groups, media freedom, social justice, human rights and the rights of religious minorities; |
| --- | --- |

(k)

to encourage the government to involve Malaysia’s prolific and active civil society further in the decision-making process through consultation, and to lift restrictions on civil society; to commend the work of civil society in drawing attention to environmental issues, women’s rights, consumer protection, the rights of indigenous people and other ethnic groups, media freedom, social justice, human rights and the rights of religious minorities;

| (l) | to stress the need for active and frequent EU participation in high-level meetings and summits of organisations in the region in which the EU has been invited to take part; |
| --- | --- |

(l)

to stress the need for active and frequent EU participation in high-level meetings and summits of organisations in the region in which the EU has been invited to take part;

| (m) | to recall that progress in the political area is instrumental to free and fair trade, just as much as trade liberalisation is helpful in promoting political liberalisation, democracy and human rights; |
| --- | --- |

(m)

to recall that progress in the political area is instrumental to free and fair trade, just as much as trade liberalisation is helpful in promoting political liberalisation, democracy and human rights;

Human rights and fundamental freedoms

| (n) | to welcome Malaysia’s statement at the UN Human Rights Council in 2009 that it was considering replacing the death penalty with life imprisonment, and the establishment of an independent Malaysian Law Commission in 2011 to review laws to be repealed; to urge the government to establish an immediate moratorium on executions and take the legislative steps to abolish the capital and corporal punishment; |
| --- | --- |

(n)

to welcome Malaysia’s statement at the UN Human Rights Council in 2009 that it was considering replacing the death penalty with life imprisonment, and the establishment of an independent Malaysian Law Commission in 2011 to review laws to be repealed; to urge the government to establish an immediate moratorium on executions and take the legislative steps to abolish the capital and corporal punishment;

| (o) | to protect and promote human rights and fundamental freedoms throughout the negotiations for an EU-Malaysia partnership and cooperation agreement, in particular the freedoms of expression, assembly and association, and sexual orientation and gender identity, and the promotion of ILO social and labour standards; to ensure the implementation of the human rights clause in any agreement; to encourage the government to take the necessary steps to sign, ratify and effectively implement the UN Convention against torture and other cruel, inhuman or degrading treatment or punishment, its Optional Protocol, and the International Covenant on Civil and Political Rights (ICCPR); |
| --- | --- |

(o)

to protect and promote human rights and fundamental freedoms throughout the negotiations for an EU-Malaysia partnership and cooperation agreement, in particular the freedoms of expression, assembly and association, and sexual orientation and gender identity, and the promotion of ILO social and labour standards; to ensure the implementation of the human rights clause in any agreement; to encourage the government to take the necessary steps to sign, ratify and effectively implement the UN Convention against torture and other cruel, inhuman or degrading treatment or punishment, its Optional Protocol, and the International Covenant on Civil and Political Rights (ICCPR);

| (p) | to stress the importance of making progress in media freedoms, as the main media are still exposed to censorship; welcome the High Court ruling of 2012, in the case of the internet media Malaysiakini, that a license to publish print media is a right, not a privilege; to express regret that freedom of assembly is still limited, especially in urban areas; to express concerns about the Evidence Act which creates legal liability to owners, administrators and controllers of computers which are used to publish a publication; |
| --- | --- |

(p)

to stress the importance of making progress in media freedoms, as the main media are still exposed to censorship; welcome the High Court ruling of 2012, in the case of the internet media Malaysiakini, that a license to publish print media is a right, not a privilege; to express regret that freedom of assembly is still limited, especially in urban areas; to express concerns about the Evidence Act which creates legal liability to owners, administrators and controllers of computers which are used to publish a publication;

| (q) | to welcome the progress made in many areas when the Internal Security Act (ISA) was replaced in July 2012 by the Security Offences Special Measures Act (SOSMA), which has limited the maximum detention period without trial or charge to 28 days; to express disappointment, however, that some provisions of the SOSMA still have shortcomings, for instance as regards the appeal system, which — the changes made notwithstanding — could still result in indefinite detention if bail is not allowed, and the fact that the SOSMA restricts basic rights such as privacy of communications and allows the source of evidence to be concealed, thereby preventing cross-examination during trials; |
| --- | --- |

(q)

to welcome the progress made in many areas when the Internal Security Act (ISA) was replaced in July 2012 by the Security Offences Special Measures Act (SOSMA), which has limited the maximum detention period without trial or charge to 28 days; to express disappointment, however, that some provisions of the SOSMA still have shortcomings, for instance as regards the appeal system, which — the changes made notwithstanding — could still result in indefinite detention if bail is not allowed, and the fact that the SOSMA restricts basic rights such as privacy of communications and allows the source of evidence to be concealed, thereby preventing cross-examination during trials;

| (r) | to express satisfaction that Malaysian lawyers have shown courage and autonomy in defending core values of the rule of law and the independence of the judiciary, and are able to advocate for and defend civil and political rights, albeit with limited impact; to express particular appreciation for the work done by the Malaysian Bar Council; to note that tensions have emerged between the judiciary and legal professionals and to raise concerns that the institutional framework has at the same time become more reserved as regards full respect for the independence of legal processes and the exclusivity of courts’ judicial powers; to suggest that the government listen to and address the concerns over tensions caused by state-run sharia courts operating in parallel with the national, common-law system; |
| --- | --- |

(r)

to express satisfaction that Malaysian lawyers have shown courage and autonomy in defending core values of the rule of law and the independence of the judiciary, and are able to advocate for and defend civil and political rights, albeit with limited impact; to express particular appreciation for the work done by the Malaysian Bar Council; to note that tensions have emerged between the judiciary and legal professionals and to raise concerns that the institutional framework has at the same time become more reserved as regards full respect for the independence of legal processes and the exclusivity of courts’ judicial powers; to suggest that the government listen to and address the concerns over tensions caused by state-run sharia courts operating in parallel with the national, common-law system;

| (s) | to call on Malaysia to comply with internationally agreed social standards; to underline the importance of compliance with, and rapid implementation of, all International Labour Organisation rules, including the right freely to form independent trade unions; to urge both the Malaysian authorities and European investors and companies operating in Malaysia to observe international labour standards and to guarantee decent pay and working conditions in Malaysia; |
| --- | --- |

(s)

to call on Malaysia to comply with internationally agreed social standards; to underline the importance of compliance with, and rapid implementation of, all International Labour Organisation rules, including the right freely to form independent trade unions; to urge both the Malaysian authorities and European investors and companies operating in Malaysia to observe international labour standards and to guarantee decent pay and working conditions in Malaysia;

| (t) | to call on Malaysia to protect the constitutional rights of all Malaysians to freedom of religion or belief and to promote interreligious good relations and tolerance; to condemn, in this connection, the demolition of Hindu temples in 2006 and the attacks on Christian churches and the desecration of mosques in 2010, and to condemn the recent political and judicial interventions in relation to well-established linguistic uses; to call for the Christians to be able to exercise fully their constitutional right to practise their religion according to their traditions and without interference or fear of prosecution; to call for the right of all Malaysians to decide their own religious affiliation freely to be upheld; to call for the speedy removal of the current administrative and legal obstacles to Muslims who convert to Christianity or Hinduism, and to call for the state to offer such converts protection from prosecution; to call on Malaysia to amend, in the interests of religious freedom, the laws in force in 10 of the 13 states of Malaysia that prohibit missionary activity by non-Muslims and that impose long prison sentences and flogging for those who break them; |
| --- | --- |

(t)

to call on Malaysia to protect the constitutional rights of all Malaysians to freedom of religion or belief and to promote interreligious good relations and tolerance; to condemn, in this connection, the demolition of Hindu temples in 2006 and the attacks on Christian churches and the desecration of mosques in 2010, and to condemn the recent political and judicial interventions in relation to well-established linguistic uses; to call for the Christians to be able to exercise fully their constitutional right to practise their religion according to their traditions and without interference or fear of prosecution; to call for the right of all Malaysians to decide their own religious affiliation freely to be upheld; to call for the speedy removal of the current administrative and legal obstacles to Muslims who convert to Christianity or Hinduism, and to call for the state to offer such converts protection from prosecution; to call on Malaysia to amend, in the interests of religious freedom, the laws in force in 10 of the 13 states of Malaysia that prohibit missionary activity by non-Muslims and that impose long prison sentences and flogging for those who break them;

| (u) | to encourage the government to improve the right of women to enjoy gender equality, especially in relation to Sharia legislation and family law; to stop the use of caning as a punishment; |
| --- | --- |

(u)

to encourage the government to improve the right of women to enjoy gender equality, especially in relation to Sharia legislation and family law; to stop the use of caning as a punishment;

Economic, scientific and cultural cooperation

| (v) | to welcome Malaysia’s drive to increase energy efficiency, the use of renewable energies and investment in green technologies in the fields of transport, energy and buildings, despite it being a major oil and gas producer; also to welcome the fact that Malaysia has recognised the need to transform its economy into a low-carbon one as part of its responsibility in the global fight against climate change; to stress that renewable energies, such as palm oil and hydropower, must be produced in an environmentally sustainable way, without reducing the size of tropical forests, reducing biodiversity or replacing food production by fuel production; |
| --- | --- |

(v)

to welcome Malaysia’s drive to increase energy efficiency, the use of renewable energies and investment in green technologies in the fields of transport, energy and buildings, despite it being a major oil and gas producer; also to welcome the fact that Malaysia has recognised the need to transform its economy into a low-carbon one as part of its responsibility in the global fight against climate change; to stress that renewable energies, such as palm oil and hydropower, must be produced in an environmentally sustainable way, without reducing the size of tropical forests, reducing biodiversity or replacing food production by fuel production;

| (w) | to express the opinion that while Malaysia is undoubtedly one of the most successful Southeast Asian economies, it needs to invest progressively in the pursuit of academic and scientific knowledge if it is to reach the next level of standard of living and become a highly developed country; to support the pursuit of increased academic exchanges and cooperation through the Erasmus Mundus programme and the MYEULINK project, and to suggest that the exchanges should be two-way; to encourage closer cultural cooperation, including through the introduction of Malaysian culture to the European public; |
| --- | --- |

(w)

to express the opinion that while Malaysia is undoubtedly one of the most successful Southeast Asian economies, it needs to invest progressively in the pursuit of academic and scientific knowledge if it is to reach the next level of standard of living and become a highly developed country; to support the pursuit of increased academic exchanges and cooperation through the Erasmus Mundus programme and the MYEULINK project, and to suggest that the exchanges should be two-way; to encourage closer cultural cooperation, including through the introduction of Malaysian culture to the European public;

| (x) | to express appreciation for the fact that Malaysia was one of the first countries to start negotiating with the EU on a FLEGT Voluntary Partnership Agreement, which should guarantee that wood exported to the EU from Malaysia comes from legal sources; to urge that the negotiations be concluded in a timely manner, as the EU is a major market for Malaysian timber; |
| --- | --- |

(x)

to express appreciation for the fact that Malaysia was one of the first countries to start negotiating with the EU on a FLEGT Voluntary Partnership Agreement, which should guarantee that wood exported to the EU from Malaysia comes from legal sources; to urge that the negotiations be concluded in a timely manner, as the EU is a major market for Malaysian timber;

| (y) | to recall the EU’s internal debate about the dangers of allowing the production of biofuel to expand at the expense of food production, and to emphasise that palm oil cultivation for biofuels must be carried out in a sustainable manner, avoiding forest conversion and loss of biodiversity, respecting the land rights of indigenous people and providing opportunities for the poorest communities to raise their living standards; |
| --- | --- |

(y)

to recall the EU’s internal debate about the dangers of allowing the production of biofuel to expand at the expense of food production, and to emphasise that palm oil cultivation for biofuels must be carried out in a sustainable manner, avoiding forest conversion and loss of biodiversity, respecting the land rights of indigenous people and providing opportunities for the poorest communities to raise their living standards;

| (z) | to encourage tourism between the EU and Malaysia to be developed further; to embrace the view that eco-tourism has vast potential in Malaysia; |
| --- | --- |

(z)

to encourage tourism between the EU and Malaysia to be developed further; to embrace the view that eco-tourism has vast potential in Malaysia;

Other provisions

| (aa) | to consult Parliament regarding the provisions on parliamentary cooperation; |
| --- | --- |

(aa)

to consult Parliament regarding the provisions on parliamentary cooperation;

| (ab) | to include clear benchmarks and binding deadlines for the implementation of the partnership cooperation agreement and to provide for monitoring mechanisms, including regular reports to Parliament; |
| --- | --- |

(ab)

to include clear benchmarks and binding deadlines for the implementation of the partnership cooperation agreement and to provide for monitoring mechanisms, including regular reports to Parliament;

| (ac) | to encourage the EU negotiating team to continue its close cooperation with Parliament by providing up-to-date information on the progress of the negotiations pursuant to Article 218(10) TFEU; |
| --- | --- |

(ac)

to encourage the EU negotiating team to continue its close cooperation with Parliament by providing up-to-date information on the progress of the negotiations pursuant to Article 218(10) TFEU;

| 2. | Instructs its President to forward this resolution containing Parliament’s recommendations to the Council, the Commission, the Vice-President of the European Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), the European External Action Service and the Government and Parliament of Malaysia. |
| --- | --- |

2.

Instructs its President to forward this resolution containing Parliament’s recommendations to the Council, the Commission, the Vice-President of the European Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), the European External Action Service and the Government and Parliament of Malaysia.

---

(1)  OJ L 144, 10.6.1980, p. 1.

(2)  OJ C 287 E, 29.11.2007, p. 507.

(3)  OJ C 169 E, 15.6.2012, p. 132.

(4)  OJ C 305 E, 11.11.2010, p. 7.

(5)  OJ C 56 E, 26.2.2013, p. 87.

(6)  OJ L 154, 15.6.2012, p. 1.

(7)  OJ L 414, 30.12.2006, p. 85.

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Thursday 12 September 2013

| 9.3.2016 | EN | Official Journal of the European Union | C 93/95 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/95

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P7_TA(2013)0368

European cultural and creative sectors as sources of economic growth and jobs

European Parliament resolution of 12 September 2013 on promoting the European cultural and creative sectors as sources of economic growth and jobs (2012/2302(INI))

(2016/C 093/13)

The European Parliament,

| — | having regard to Article 167 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 167 of the Treaty on the Functioning of the European Union,

| — | having regard to the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Unesco Convention on the Protection of Cultural Diversity), adopted by the United Nations Educational, Scientific and Cultural Organisation (Unesco) on 20 October 2005, |
| --- | --- |

—

having regard to the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Unesco Convention on the Protection of Cultural Diversity), adopted by the United Nations Educational, Scientific and Cultural Organisation (Unesco) on 20 October 2005,

| — | having regard to Council Decision No 2006/515/EC of 18 May 2006 on the conclusion of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (1), |
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—

having regard to Council Decision No 2006/515/EC of 18 May 2006 on the conclusion of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (1),

| — | having regard to the Council conclusions of 13 and 14 November 2006 and 24 and 25 May 2007 (2), in particular as regards the contribution of the cultural and creative sectors to the achievement of the Lisbon objectives, and to the Council resolution of 16 November 2007 on a European agenda for culture (3), |
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—

having regard to the Council conclusions of 13 and 14 November 2006 and 24 and 25 May 2007 (2), in particular as regards the contribution of the cultural and creative sectors to the achievement of the Lisbon objectives, and to the Council resolution of 16 November 2007 on a European agenda for culture (3),

| — | having regard to Decision No 1855/2006/EC of the European Parliament and of the Council of 12 December 2006 establishing the Culture Programme (2007 to 2013) (4), |
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—

having regard to Decision No 1855/2006/EC of the European Parliament and of the Council of 12 December 2006 establishing the Culture Programme (2007 to 2013) (4),

| — | having regard to Decision No 1718/2006/EC of the European Parliament and of the Council of 15 November 2006 concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007) (5), |
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—

having regard to Decision No 1718/2006/EC of the European Parliament and of the Council of 15 November 2006 concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007) (5),

| — | having regard to its resolution of 10 April 2008 on a European agenda for culture in a globalising world (6), |
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—

having regard to its resolution of 10 April 2008 on a European agenda for culture in a globalising world (6),

| — | having regard to its resolution of 7 June 2007 on the social status of artists (7), |
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—

having regard to its resolution of 7 June 2007 on the social status of artists (7),

| — | having regard to its resolution of 10 April 2008 on cultural industries in Europe (8), |
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—

having regard to its resolution of 10 April 2008 on cultural industries in Europe (8),

| — | having regard to the Council conclusions of 12 May 2009 on culture as a catalyst for creativity and innovation (9), |
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—

having regard to the Council conclusions of 12 May 2009 on culture as a catalyst for creativity and innovation (9),

| — | having regard to the Commission communication of 19 October 2009 entitled ‘Copyright in the Knowledge Economy’ (COM(2009)0532), |
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—

having regard to the Commission communication of 19 October 2009 entitled ‘Copyright in the Knowledge Economy’ (COM(2009)0532),

| — | having regard to the Commission communication of 3 March 2010 entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020), |
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—

having regard to the Commission communication of 3 March 2010 entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

| — | having regard to the Commission Green Paper of 27 April 2010 entitled ‘Unlocking the potential of cultural and creative industries’ (COM(2010)0183), |
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—

having regard to the Commission Green Paper of 27 April 2010 entitled ‘Unlocking the potential of cultural and creative industries’ (COM(2010)0183),

| — | having regard to the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 30 June 2010 entitled ‘Europe, the world’s No 1 tourist destination — a new political framework for tourism in Europe’ (COM(2010)0352), |
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—

having regard to the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 30 June 2010 entitled ‘Europe, the world’s No 1 tourist destination — a new political framework for tourism in Europe’ (COM(2010)0352),

| — | having regard to its resolution of 12 May 2011 on the cultural dimensions of the EU's external actions (10), |
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—

having regard to its resolution of 12 May 2011 on the cultural dimensions of the EU's external actions (10),

| — | having regard to its resolution of 12 May 2011 on unlocking the potential of cultural and creative industries (11), |
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—

having regard to its resolution of 12 May 2011 on unlocking the potential of cultural and creative industries (11),

| — | having regard to the Council conclusions of 10 December 2012 on the ‘Industrial Policy Communication update: A Stronger European Industry for Growth and Economic Recovery’ (12), |
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—

having regard to the Council conclusions of 10 December 2012 on the ‘Industrial Policy Communication update: A Stronger European Industry for Growth and Economic Recovery’ (12),

| — | having regard to the Commission communication of 18 December 2012 on content in the Digital Single Market (COM(2012)0789), |
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—

having regard to the Commission communication of 18 December 2012 on content in the Digital Single Market (COM(2012)0789),

| — | having regard to the Commission Staff Working Document of 26 September 2012 entitled ‘Competitiveness of the European high-end industries’ (SWD(2012)0286), |
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—

having regard to the Commission Staff Working Document of 26 September 2012 entitled ‘Competitiveness of the European high-end industries’ (SWD(2012)0286),

| — | having regard to the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 26 September 2012 entitled ‘Promoting cultural and creative sectors for growth and jobs in the EU’ (COM(2012)0537), |
| --- | --- |

—

having regard to the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 26 September 2012 entitled ‘Promoting cultural and creative sectors for growth and jobs in the EU’ (COM(2012)0537),

| — | having regard to the opinion of the Committee of the Regions of 30 May 2013 (13), |
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—

having regard to the opinion of the Committee of the Regions of 30 May 2013 (13),

| — | having regard to Rule 48 of its Rules of Procedure, |
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—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Culture and Education and the opinion of the Committee on Regional Development (A7-0248/2013), |
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—

having regard to the report of the Committee on Culture and Education and the opinion of the Committee on Regional Development (A7-0248/2013),

| A. | whereas the cultural and creative sectors (CCS), by promoting the spread of innovation in other sectors, play a major role in the Union’s economic and social development (in the former case especially with regard to SMEs), and are an integral part of the Europe 2020 strategy for a smart, sustainable and inclusive economy; |
| --- | --- |

A.

whereas the cultural and creative sectors (CCS), by promoting the spread of innovation in other sectors, play a major role in the Union’s economic and social development (in the former case especially with regard to SMEs), and are an integral part of the Europe 2020 strategy for a smart, sustainable and inclusive economy;

| B. | whereas the CCS make a significant contribution to promoting social cohesion, creativity and cultural and linguistic diversity in the Union; |
| --- | --- |

B.

whereas the CCS make a significant contribution to promoting social cohesion, creativity and cultural and linguistic diversity in the Union;

| C. | whereas the cultural sector is the one to have least felt the impact of the economic crisis, showing itself to be a strategic area for the development of society; |
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C.

whereas the cultural sector is the one to have least felt the impact of the economic crisis, showing itself to be a strategic area for the development of society;

| D. | whereas the CCS should be recognised both for their intrinsic cultural value and for their major contribution to public wellbeing, to social integration and cohesion and to the Union economy in terms of growth and jobs, as well as for their beneficial effect on tourism; |
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D.

whereas the CCS should be recognised both for their intrinsic cultural value and for their major contribution to public wellbeing, to social integration and cohesion and to the Union economy in terms of growth and jobs, as well as for their beneficial effect on tourism;

| E. | whereas European cultural and creative production has a major economic impact in numerous sectors, such as tourism, retail, digital technologies, etc; |
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E.

whereas European cultural and creative production has a major economic impact in numerous sectors, such as tourism, retail, digital technologies, etc;

| F. | whereas the CCS include a wide variety of creative activities and services having their own particular features in terms of financing and development models; whereas it is important, therefore, to take account of this diversity in developing strategies for support or cooperation, including international cooperation; |
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F.

whereas the CCS include a wide variety of creative activities and services having their own particular features in terms of financing and development models; whereas it is important, therefore, to take account of this diversity in developing strategies for support or cooperation, including international cooperation;

| G. | whereas festivals in Europe provide an opportunity to promote European cultural production and create cultural, social, economic and tourism value at territorial level; |
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G.

whereas festivals in Europe provide an opportunity to promote European cultural production and create cultural, social, economic and tourism value at territorial level;

| H. | whereas the cultural and creative sectors are chiefly made up of SMEs, which form the backbone of the Union economy; |
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H.

whereas the cultural and creative sectors are chiefly made up of SMEs, which form the backbone of the Union economy;

| I. | whereas in its working document of 26 September 2012 (14) the Commission recognised the importance of the high-end cultural and creative economic sector (fashion, jewellery, watches, perfumes and cosmetics, accessories, leather goods, furniture and furnishings, household equipment, gastronomy, wines and spirits, cars, boats, hotels and leisure experience, retail and auction houses and publishing), and whereas high-end companies can act as a driving force for all the CCS; |
| --- | --- |

I.

whereas in its working document of 26 September 2012 (14) the Commission recognised the importance of the high-end cultural and creative economic sector (fashion, jewellery, watches, perfumes and cosmetics, accessories, leather goods, furniture and furnishings, household equipment, gastronomy, wines and spirits, cars, boats, hotels and leisure experience, retail and auction houses and publishing), and whereas high-end companies can act as a driving force for all the CCS;

| J. | whereas the consolidation of workers’ status in the CCS contributes to the structuring, viability and credibility of economic activity and the consolidation of employment; |
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J.

whereas the consolidation of workers’ status in the CCS contributes to the structuring, viability and credibility of economic activity and the consolidation of employment;

| K. | whereas mobility is an important feature of the CCS, but nonetheless encounters numerous obstacles, which vary between countries and regions and are related to difficulties in obtaining visas, lack of status for artists and the specific and varied conditions of artistic production; |
| --- | --- |

K.

whereas mobility is an important feature of the CCS, but nonetheless encounters numerous obstacles, which vary between countries and regions and are related to difficulties in obtaining visas, lack of status for artists and the specific and varied conditions of artistic production;

| L. | whereas the current pilot project on ‘Economy of cultural diversity’ should provide an overview of challenges and solutions for the CCS; |
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L.

whereas the current pilot project on ‘Economy of cultural diversity’ should provide an overview of challenges and solutions for the CCS;

| M. | whereas EU citizens need to be provided with a cultural and artistic education from an early age so as to develop their own understanding of arts and culture, make their voice heard and develop awareness of the great diversity of cultures present in Europe, and thereby promote their own creativity and expression, as well as cultural diversity; |
| --- | --- |

M.

whereas EU citizens need to be provided with a cultural and artistic education from an early age so as to develop their own understanding of arts and culture, make their voice heard and develop awareness of the great diversity of cultures present in Europe, and thereby promote their own creativity and expression, as well as cultural diversity;

| N. | whereas cooperation between training organisations and CCS companies should be strengthened in order to take account of changes in employment and the need for specific skills, thus promoting the exchange of information and the creation of mixed skills; |
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N.

whereas cooperation between training organisations and CCS companies should be strengthened in order to take account of changes in employment and the need for specific skills, thus promoting the exchange of information and the creation of mixed skills;

| O. | whereas the cultural and creative sectors are manifestly richer and more diverse in Europe than in other parts of the world, and these sectors should be used to foster growth; |
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O.

whereas the cultural and creative sectors are manifestly richer and more diverse in Europe than in other parts of the world, and these sectors should be used to foster growth;

| P. | whereas the transition to the digital era represents an opportunity for the CCS, since new requirements and services will appear, which will lead to the development of new economic models; |
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P.

whereas the transition to the digital era represents an opportunity for the CCS, since new requirements and services will appear, which will lead to the development of new economic models;

| Q. | whereas the development of new economic models for online access to cultural works is booming and should be encouraged by a stable legal framework which promotes investment in the CCS; |
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Q.

whereas the development of new economic models for online access to cultural works is booming and should be encouraged by a stable legal framework which promotes investment in the CCS;

| R. | whereas it is essential to provide the CCS with access to financing methods which are stable and adapted to their needs in order to ensure their future development; |
| --- | --- |

R.

whereas it is essential to provide the CCS with access to financing methods which are stable and adapted to their needs in order to ensure their future development;

| S. | whereas the CCS are an important element in local and regional territorial development strategies for achieving the objectives of social cohesion and economic expansion; |
| --- | --- |

S.

whereas the CCS are an important element in local and regional territorial development strategies for achieving the objectives of social cohesion and economic expansion;

Conditions required for the development of the cultural and creative sectors

| 1. | Notes that the CCS are performing well economically, making a major contribution to social cohesion and continuing to create jobs, particularly for young people, as well as releasing considerable innovation potential in spite of the difficulties currently facing economies regarding the Union’s budget discipline requirements; |
| --- | --- |

1.

Notes that the CCS are performing well economically, making a major contribution to social cohesion and continuing to create jobs, particularly for young people, as well as releasing considerable innovation potential in spite of the difficulties currently facing economies regarding the Union’s budget discipline requirements;

| 2. | Stresses the need for up-to-date and reliable statistics on the CCS, in particular as regards their actual situation, their specific features, including in terms of status, their potential in terms of creating jobs and growth and their economic impact on other sectors, so as to enable decisions on the most appropriate political action to promote these sectors effectively; recommends setting up an observatory or database on the CCS; |
| --- | --- |

2.

Stresses the need for up-to-date and reliable statistics on the CCS, in particular as regards their actual situation, their specific features, including in terms of status, their potential in terms of creating jobs and growth and their economic impact on other sectors, so as to enable decisions on the most appropriate political action to promote these sectors effectively; recommends setting up an observatory or database on the CCS;

| 3. | Asks the Commission to continue to develop studies and collect data on the economic and social role of the CCS, in particular as the overriding element across various economic sectors; |
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3.

Asks the Commission to continue to develop studies and collect data on the economic and social role of the CCS, in particular as the overriding element across various economic sectors;

| 4. | Is disappointed that the action proposed by the Commission in its communication on the CCS (15) is limited in both its time-horizon and its scope; stresses the need to take a longer-term view of the prospects for these sectors and to draw up a programme of structured and concrete measures so as to align with the Europe 2020 strategy; points out that support for cultural creation from the Union, the Member States and local authorities is vital; |
| --- | --- |

4.

Is disappointed that the action proposed by the Commission in its communication on the CCS (15) is limited in both its time-horizon and its scope; stresses the need to take a longer-term view of the prospects for these sectors and to draw up a programme of structured and concrete measures so as to align with the Europe 2020 strategy; points out that support for cultural creation from the Union, the Member States and local authorities is vital;

| 5. | Calls on the Commission to bring together, on the basis of the existing platform on the potential of the cultural and creative industries, an expanded forum of stakeholders in these sectors, to develop specific solutions and thereby assume an active role in establishing a structured medium- and long-term political programme; |
| --- | --- |

5.

Calls on the Commission to bring together, on the basis of the existing platform on the potential of the cultural and creative industries, an expanded forum of stakeholders in these sectors, to develop specific solutions and thereby assume an active role in establishing a structured medium- and long-term political programme;

| 6. | Calls on the Commission and the Member States to insist on the pivotal role of the CCS in innovation, with a view to creating cross-sectoral linkages, producing agglomeration and cluster effects and providing new opportunities for investment and employment; |
| --- | --- |

6.

Calls on the Commission and the Member States to insist on the pivotal role of the CCS in innovation, with a view to creating cross-sectoral linkages, producing agglomeration and cluster effects and providing new opportunities for investment and employment;

| 7. | Notes that innovation-driven research should be supported with a view to expanding into new markets by offering innovative, creative products; |
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7.

Notes that innovation-driven research should be supported with a view to expanding into new markets by offering innovative, creative products;

| 8. | Considers supporting and fostering the development of synergies with other sectors to be crucial for boosting economic growth; emphasises in this connection the role played in wealth creation by cultural tourism, in the form of familiarisation with our cultural heritage and attendance at cultural events such as festivals, as well as travel related to language learning; |
| --- | --- |

8.

Considers supporting and fostering the development of synergies with other sectors to be crucial for boosting economic growth; emphasises in this connection the role played in wealth creation by cultural tourism, in the form of familiarisation with our cultural heritage and attendance at cultural events such as festivals, as well as travel related to language learning;

| 9. | Emphasises the very diverse nature of the cultural and creative ecosystems, and stresses the need to address this by promoting the emergence of a common identity through the encouragement of joint productions as well as the creation of areas of common dialogue and exchange between the various actors within the CCS, in order to create new links between actors and to enable skills and knowledge to be transferred to and from other branches of the economy; stresses the fact that these initiatives should allow their common interests to emerge while taking into account cultural diversity, which should be recognised for its richness, inspiring strength and development potential that, as a whole, help give rise to a common European identity; |
| --- | --- |

9.

Emphasises the very diverse nature of the cultural and creative ecosystems, and stresses the need to address this by promoting the emergence of a common identity through the encouragement of joint productions as well as the creation of areas of common dialogue and exchange between the various actors within the CCS, in order to create new links between actors and to enable skills and knowledge to be transferred to and from other branches of the economy; stresses the fact that these initiatives should allow their common interests to emerge while taking into account cultural diversity, which should be recognised for its richness, inspiring strength and development potential that, as a whole, help give rise to a common European identity;

| 10. | Stresses the importance of promoting mutual knowledge and transfer of the skills and knowledge essential to collaboration between creative enterprises, through competitiveness clusters, excellence initiatives and networking, thereby creating a common culture for the CCS and encouraging the various sectors to work together in order to cope with the new economic and societal challenges more effectively; |
| --- | --- |

10.

Stresses the importance of promoting mutual knowledge and transfer of the skills and knowledge essential to collaboration between creative enterprises, through competitiveness clusters, excellence initiatives and networking, thereby creating a common culture for the CCS and encouraging the various sectors to work together in order to cope with the new economic and societal challenges more effectively;

| 11. | Calls for a territorial basis to be developed, for skills to be shared across sectors by creating clusters, and for exchanges to be optimised so as to attract investors in order to enable the various cultural and creative enterprises (VSBs, SMEs, NGOs and cultural institutions) to continue to promote growth and create jobs; |
| --- | --- |

11.

Calls for a territorial basis to be developed, for skills to be shared across sectors by creating clusters, and for exchanges to be optimised so as to attract investors in order to enable the various cultural and creative enterprises (VSBs, SMEs, NGOs and cultural institutions) to continue to promote growth and create jobs;

| 12. | Points out that the majority of companies in the CCS are small and medium-sized enterprises, and stresses, therefore, the need for them to be given particular support in this context; |
| --- | --- |

12.

Points out that the majority of companies in the CCS are small and medium-sized enterprises, and stresses, therefore, the need for them to be given particular support in this context;

| 13. | Urges the EU and the Member States to promote and recognise the visibility of the CCS, which make up Europe’s ‘cultural exception’; |
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13.

Urges the EU and the Member States to promote and recognise the visibility of the CCS, which make up Europe’s ‘cultural exception’;

| 14. | Draws attention to the diversity of rules on the CCS and recommends that measures be implemented to harmonise rules and practices in the Union; |
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14.

Draws attention to the diversity of rules on the CCS and recommends that measures be implemented to harmonise rules and practices in the Union;

Working conditions for professionals in the cultural and creative sectors

| 15. | Points out that professionals in the CCS must be guaranteed a social status so that they are able to enjoy satisfactory working conditions and appropriate measures with regard to tax systems, their right to work, social security rights and copyright, in order to improve their mobility across the EU; |
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15.

Points out that professionals in the CCS must be guaranteed a social status so that they are able to enjoy satisfactory working conditions and appropriate measures with regard to tax systems, their right to work, social security rights and copyright, in order to improve their mobility across the EU;

| 16. | Calls for consideration to be given to measures for the fair funding and remuneration of independent artists; stresses, furthermore, the need to improve coordination between the different European social security systems for such artists taking into account their highly mobile nature; |
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16.

Calls for consideration to be given to measures for the fair funding and remuneration of independent artists; stresses, furthermore, the need to improve coordination between the different European social security systems for such artists taking into account their highly mobile nature;

| 17. | Calls on the Member States to adapt social security schemes to the worlds of creative work, particularly in the digital sector, taking appropriate account of the fact that people in creative jobs often have to alternate between employed and self-employed status or do both types of work simultaneously; |
| --- | --- |

17.

Calls on the Member States to adapt social security schemes to the worlds of creative work, particularly in the digital sector, taking appropriate account of the fact that people in creative jobs often have to alternate between employed and self-employed status or do both types of work simultaneously;

| 18. | Calls on the Commission and the Member States to enable CCS workers to access health insurance and (voluntary) unemployment insurance as well as occupational and personal pension schemes for self-employed persons under affordable conditions; |
| --- | --- |

18.

Calls on the Commission and the Member States to enable CCS workers to access health insurance and (voluntary) unemployment insurance as well as occupational and personal pension schemes for self-employed persons under affordable conditions;

| 19. | Calls on the Commission and the Member States to promote minimum social security standards and collective agreements in the CCS, inter alia by linking public support to compliance with such standards; |
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19.

Calls on the Commission and the Member States to promote minimum social security standards and collective agreements in the CCS, inter alia by linking public support to compliance with such standards;

Education and training

| 20. | Stresses the need for Member States to improve their training, learning and qualification systems, enabling students in cultural and arts disciplines to acquire a complete training which takes account of today’s professional needs in order to bring business and teaching closer together, and to ensure effective implementation in all the Member States; considers that in IT courses sufficient attention should be devoted to opportunities in the online content sector (e.g. gaming); |
| --- | --- |

20.

Stresses the need for Member States to improve their training, learning and qualification systems, enabling students in cultural and arts disciplines to acquire a complete training which takes account of today’s professional needs in order to bring business and teaching closer together, and to ensure effective implementation in all the Member States; considers that in IT courses sufficient attention should be devoted to opportunities in the online content sector (e.g. gaming);

| 21. | Takes the view that it is necessary, as part of training in cultural, artistic and creative disciplines, also to teach the skills which are a prerequisite for starting up a CCS enterprise; |
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21.

Takes the view that it is necessary, as part of training in cultural, artistic and creative disciplines, also to teach the skills which are a prerequisite for starting up a CCS enterprise;

| 22. | Considers it essential to enhance the attractiveness and image of manual, artistic and cultural training among learners, the parents of schoolchildren and institutions, and to re-establish the truth as regards opportunities and wealth creation, including by setting up an observatory or a database; |
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22.

Considers it essential to enhance the attractiveness and image of manual, artistic and cultural training among learners, the parents of schoolchildren and institutions, and to re-establish the truth as regards opportunities and wealth creation, including by setting up an observatory or a database;

| 23. | Stresses the importance of preserving and promoting the craft trades linked to the CCS; |
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23.

Stresses the importance of preserving and promoting the craft trades linked to the CCS;

| 24. | Calls on the Commission to recognise the specific nature of the master crafts, which are genuine sources of European jobs that are based on four criteria common to all the high-end CCS: innovation and creativity; excellence and aestheticism; know-how and technology; and career-long learning and promotion of knowledge; |
| --- | --- |

24.

Calls on the Commission to recognise the specific nature of the master crafts, which are genuine sources of European jobs that are based on four criteria common to all the high-end CCS: innovation and creativity; excellence and aestheticism; know-how and technology; and career-long learning and promotion of knowledge;

| 25. | Considers it necessary to strengthen the links between the education system (including universities, while respecting their independence), research centres, training organisations and CCS companies (including SMEs), in order to make these job-rich sectors more competitive, create more inclusive cross-sectoral and inter-disciplinary synergies, in particular through the creation of a platform for exchanges, of knowledge alliances, of sector skills alliances and of partnerships, help participants think and act in a manner likely to lead to collective success, further increase the value of the Union’s human capital, ensure better knowledge among actors, identify specific skills, improve understanding of developments in jobs and skills, and encourage an entrepreneurial spirit; |
| --- | --- |

25.

Considers it necessary to strengthen the links between the education system (including universities, while respecting their independence), research centres, training organisations and CCS companies (including SMEs), in order to make these job-rich sectors more competitive, create more inclusive cross-sectoral and inter-disciplinary synergies, in particular through the creation of a platform for exchanges, of knowledge alliances, of sector skills alliances and of partnerships, help participants think and act in a manner likely to lead to collective success, further increase the value of the Union’s human capital, ensure better knowledge among actors, identify specific skills, improve understanding of developments in jobs and skills, and encourage an entrepreneurial spirit;

| 26. | Encourages the Commission to set up knowledge alliances between higher education and businesses in the field of CCS; |
| --- | --- |

26.

Encourages the Commission to set up knowledge alliances between higher education and businesses in the field of CCS;

| 27. | Encourages the Commission to set up sector skills alliances between vocational education and training and businesses in the field of CCS; |
| --- | --- |

27.

Encourages the Commission to set up sector skills alliances between vocational education and training and businesses in the field of CCS;

| 28. | Urges the Commission and the Member States to make progress on mutual recognition of courses, vocational qualifications and diplomas in cultural and arts studies; |
| --- | --- |

28.

Urges the Commission and the Member States to make progress on mutual recognition of courses, vocational qualifications and diplomas in cultural and arts studies;

| 29. | Highlights the importance of supporting cultural and media literacy access and education from an early age and on a lifelong basis, in order to promote creativity and allow talents to be developed, and to pass on a taste for culture; |
| --- | --- |

29.

Highlights the importance of supporting cultural and media literacy access and education from an early age and on a lifelong basis, in order to promote creativity and allow talents to be developed, and to pass on a taste for culture;

| 30. | Highlights the urgent need to promote the creativity of young creators and to support public participation in the creation of culture; |
| --- | --- |

30.

Highlights the urgent need to promote the creativity of young creators and to support public participation in the creation of culture;

| 31. | Considers that arts and cultural education is a prerequisite for equal opportunities, for democratising access to culture, and for social cohesion, as a means of individual and collective expression and dialogue and a way of promoting mutual understanding; stresses, moreover, that it helps schoolchildren to cultivate themselves by developing their artistic abilities, meeting artists, viewing works of art and visiting places of cultural value; |
| --- | --- |

31.

Considers that arts and cultural education is a prerequisite for equal opportunities, for democratising access to culture, and for social cohesion, as a means of individual and collective expression and dialogue and a way of promoting mutual understanding; stresses, moreover, that it helps schoolchildren to cultivate themselves by developing their artistic abilities, meeting artists, viewing works of art and visiting places of cultural value;

| 32. | Calls on the Commission and the Council to consider setting up a European directory of expertise with a view to preserving and promoting European expertise; calls on the Member States and CCS stakeholders to develop training courses on such expertise; |
| --- | --- |

32.

Calls on the Commission and the Council to consider setting up a European directory of expertise with a view to preserving and promoting European expertise; calls on the Member States and CCS stakeholders to develop training courses on such expertise;

Funding for the cultural and creative sectors

| 33. | Considers that it is vital to enable and secure appropriate funding schemes, and to provide effective implementation instruments for the CCS, in particular for SMEs; stresses the need to maintain and strengthen government policies in support of the CCS, thereby ensuring the future viability of high-quality independent creative work; calls on the Commission and the Council to develop means of evaluating intangible works, particularly by establishing an observatory or a databank, and to consider setting up a cultural investment bank; |
| --- | --- |

33.

Considers that it is vital to enable and secure appropriate funding schemes, and to provide effective implementation instruments for the CCS, in particular for SMEs; stresses the need to maintain and strengthen government policies in support of the CCS, thereby ensuring the future viability of high-quality independent creative work; calls on the Commission and the Council to develop means of evaluating intangible works, particularly by establishing an observatory or a databank, and to consider setting up a cultural investment bank;

| 34. | Highlights too, in this connection, new options such as crowdfunding and crowd-investment; |
| --- | --- |

34.

Highlights too, in this connection, new options such as crowdfunding and crowd-investment;

| 35. | Urges Member States to take into consideration appropriate support and funding for the CCS in their social and economic policies; |
| --- | --- |

35.

Urges Member States to take into consideration appropriate support and funding for the CCS in their social and economic policies;

| 36. | Stresses the need to support European funding of the CCS, including in times of economic crisis; expressly asks Parliament to push for an ambitious and substantial culture budget; calls, therefore, on the Council not to reduce the budget allocated by the Commission for the ‘Creative Europe’ programme; |
| --- | --- |

36.

Stresses the need to support European funding of the CCS, including in times of economic crisis; expressly asks Parliament to push for an ambitious and substantial culture budget; calls, therefore, on the Council not to reduce the budget allocated by the Commission for the ‘Creative Europe’ programme;

| 37. | Emphasises the importance of developing consultancy and advisory services in respect of business financing and management to help SMEs and VSBs master the requisite tools for good corporate governance, with a view to improving the creation, production, promotion and distribution of cultural goods and services; |
| --- | --- |

37.

Emphasises the importance of developing consultancy and advisory services in respect of business financing and management to help SMEs and VSBs master the requisite tools for good corporate governance, with a view to improving the creation, production, promotion and distribution of cultural goods and services;

| 38. | Takes the view that the Member States and the relevant professionals should improve the project engineering capacities of CCS stakeholders by providing vocational training or by setting up bodies to assist in the drawing-up of financing plans; |
| --- | --- |

38.

Takes the view that the Member States and the relevant professionals should improve the project engineering capacities of CCS stakeholders by providing vocational training or by setting up bodies to assist in the drawing-up of financing plans;

| 39. | Welcomes the proposed loan facilities foreseen under the Creative Europe, COSME and Horizon 2020 programmes, as these instruments offer more diversified financing opportunities to the CCS; |
| --- | --- |

39.

Welcomes the proposed loan facilities foreseen under the Creative Europe, COSME and Horizon 2020 programmes, as these instruments offer more diversified financing opportunities to the CCS;

| 40. | Stresses the importance of increasing knowledge within financial institutions of the specific characteristics of the CCS in order to improve the access for the CCS to private sources of financing; |
| --- | --- |

40.

Stresses the importance of increasing knowledge within financial institutions of the specific characteristics of the CCS in order to improve the access for the CCS to private sources of financing;

| 41. | Calls on the Council, the Commission and the Member States to take the action required by recommending mixed methods of funding, such as public-private partnerships, which would be subject to transparency requirements and which would not undermine necessary public funding, by setting up loan-guarantee systems for small organisations and by looking into alternative means of financing such as crowd-funding; |
| --- | --- |

41.

Calls on the Council, the Commission and the Member States to take the action required by recommending mixed methods of funding, such as public-private partnerships, which would be subject to transparency requirements and which would not undermine necessary public funding, by setting up loan-guarantee systems for small organisations and by looking into alternative means of financing such as crowd-funding;

| 42. | Urges the Member States to seek alternative ways of funding the CCS, especially in times of crisis; considers, in this connection, that sponsorship could be a viable alternative option; |
| --- | --- |

42.

Urges the Member States to seek alternative ways of funding the CCS, especially in times of crisis; considers, in this connection, that sponsorship could be a viable alternative option;

| 43. | Takes the view that, in the audiovisual sector, the contribution of audiovisual services to the funding of European audiovisual works is essential to support creative endeavours and should be strengthened by the clear and quantified transposition of the Audiovisual Media Services Directive (16); |
| --- | --- |

43.

Takes the view that, in the audiovisual sector, the contribution of audiovisual services to the funding of European audiovisual works is essential to support creative endeavours and should be strengthened by the clear and quantified transposition of the Audiovisual Media Services Directive (16);

| 44. | Urges the Council, the Commission and the Member States to put in place a favourable regulatory framework, in particular by creating a favourable business environment for SMEs within the CCS by reducing their administrative and regulatory burdens; |
| --- | --- |

44.

Urges the Council, the Commission and the Member States to put in place a favourable regulatory framework, in particular by creating a favourable business environment for SMEs within the CCS by reducing their administrative and regulatory burdens;

| 45. | Urges the Council, the Commission and the Member States to make further progress towards tax harmonisation and, in particular, to put an end to divergences between Member States in the taxation of cultural products; |
| --- | --- |

45.

Urges the Council, the Commission and the Member States to make further progress towards tax harmonisation and, in particular, to put an end to divergences between Member States in the taxation of cultural products;

| 46. | Points out that these sectors contain a great many SMEs and considers it necessary to establish a tax system tailored to such SMEs in order to promote their growth and ensure their survival; |
| --- | --- |

46.

Points out that these sectors contain a great many SMEs and considers it necessary to establish a tax system tailored to such SMEs in order to promote their growth and ensure their survival;

| 47. | Notes that the Structural Funds offer substantial opportunities in terms of funding for culture, creativity and innovation in the Union, given that culture-based investments can receive funding under all three objectives of cohesion policy, namely convergence, regional competitiveness and employment; |
| --- | --- |

47.

Notes that the Structural Funds offer substantial opportunities in terms of funding for culture, creativity and innovation in the Union, given that culture-based investments can receive funding under all three objectives of cohesion policy, namely convergence, regional competitiveness and employment;

| 48. | Deplores the proposal by some Member States to cut funding for the Connecting Europe Facility by EUR 8,2 billion in the coming multiannual financial framework (MFF), since this would have an adverse effect on support for the expansion of broadband infrastructure and thus on the development of online business models for the CCS; |
| --- | --- |

48.

Deplores the proposal by some Member States to cut funding for the Connecting Europe Facility by EUR 8,2 billion in the coming multiannual financial framework (MFF), since this would have an adverse effect on support for the expansion of broadband infrastructure and thus on the development of online business models for the CCS;

| 49. | Calls, therefore, on the Member States and the Commission to use existing and future tools and programmes, such as MEDIA or the Creative Europe programme’s guarantee mechanism, and to take specific measures to facilitate access by CCS stakeholders to the funding available under these instruments, with particular focus on the maximum effective use of digitisation of platforms to simplify submission, evaluation and management processes and minimise administrative burdens; |
| --- | --- |

49.

Calls, therefore, on the Member States and the Commission to use existing and future tools and programmes, such as MEDIA or the Creative Europe programme’s guarantee mechanism, and to take specific measures to facilitate access by CCS stakeholders to the funding available under these instruments, with particular focus on the maximum effective use of digitisation of platforms to simplify submission, evaluation and management processes and minimise administrative burdens;

| 50. | Encourages the EU institutions to secure an ambitious level for the new MEDIA strand in the MFF (2014-2020); |
| --- | --- |

50.

Encourages the EU institutions to secure an ambitious level for the new MEDIA strand in the MFF (2014-2020);

Opportunities and challenges of digitisation, globalisation and access to international markets

| 51. | Believes that digital and online tools and platforms offer unprecedented opportunities for the CCS to develop new business models, attract new audiences and expand their markets both within the Union and in third countries; |
| --- | --- |

51.

Believes that digital and online tools and platforms offer unprecedented opportunities for the CCS to develop new business models, attract new audiences and expand their markets both within the Union and in third countries;

| 52. | Stresses that the existence of 27 different intellectual property rights management systems is a particular burden for Europe's CCS, and that the current fragmented regime needs to be reformed to facilitate access to, and increase (global) circulation of, content, and in such a way as to enable artists, creators, consumers, businesses and audiences to benefit from digital developments, new distribution channels, new business models and other opportunities; |
| --- | --- |

52.

Stresses that the existence of 27 different intellectual property rights management systems is a particular burden for Europe's CCS, and that the current fragmented regime needs to be reformed to facilitate access to, and increase (global) circulation of, content, and in such a way as to enable artists, creators, consumers, businesses and audiences to benefit from digital developments, new distribution channels, new business models and other opportunities;

| 53. | Believes that in the digital era, a modern and balanced system for protecting intellectual property rights (IPRs) which makes it possible both to ensure appropriate remuneration for all categories of rightholders and to guarantee that consumers have easy access to diverse, legal content and a real choice in terms of linguistic and cultural diversity, is an essential condition for ensuring that the CCS are competitive; |
| --- | --- |

53.

Believes that in the digital era, a modern and balanced system for protecting intellectual property rights (IPRs) which makes it possible both to ensure appropriate remuneration for all categories of rightholders and to guarantee that consumers have easy access to diverse, legal content and a real choice in terms of linguistic and cultural diversity, is an essential condition for ensuring that the CCS are competitive;

| 54. | Stresses that the protection of IPRs should not threaten the neutrality of the internet; |
| --- | --- |

54.

Stresses that the protection of IPRs should not threaten the neutrality of the internet;

| 55. | Highlights the exponential growth in the use of innovative digital services to access cultural works, and stresses the need to ensure a stable ecosystem that encourages investment in the CCS, job creation in Europe and the promotion of innovative business models; |
| --- | --- |

55.

Highlights the exponential growth in the use of innovative digital services to access cultural works, and stresses the need to ensure a stable ecosystem that encourages investment in the CCS, job creation in Europe and the promotion of innovative business models;

| 56. | Calls, therefore, on the Commission, as regards respect for IPRs, to develop a regulatory framework which is adapted to the specific features of the various sectors, and to harmonise and reform the copyright framework in order to improve access to content and strengthen the position and choice of creators, and advocates better sharing of responsibilities throughout the digital value chain, taking due account of the competitiveness of the CCS; |
| --- | --- |

56.

Calls, therefore, on the Commission, as regards respect for IPRs, to develop a regulatory framework which is adapted to the specific features of the various sectors, and to harmonise and reform the copyright framework in order to improve access to content and strengthen the position and choice of creators, and advocates better sharing of responsibilities throughout the digital value chain, taking due account of the competitiveness of the CCS;

| 57. | Stresses in this connection the important role played by collecting societies in providing access to cultural heritage, by enforcing IPRs effectively and simplifying formalities for users; |
| --- | --- |

57.

Stresses in this connection the important role played by collecting societies in providing access to cultural heritage, by enforcing IPRs effectively and simplifying formalities for users;

| 58. | Points out the international cooperation and export potential of the CCS and the fact that it is in the Union’s interests to promote exchanges among professions in the sector, including in third countries, and to attract and develop creative talent; stresses the important role played by the cultural and creative industries in the dissemination, attractiveness and promotion of European culture; |
| --- | --- |

58.

Points out the international cooperation and export potential of the CCS and the fact that it is in the Union’s interests to promote exchanges among professions in the sector, including in third countries, and to attract and develop creative talent; stresses the important role played by the cultural and creative industries in the dissemination, attractiveness and promotion of European culture;

| 59. | Stresses the need to strive towards the mutual recognition of the status of artists, to look into how to provide opportunities for mobility and how best to make use of training programmes, networking and the free movement of CCS professionals, particularly cultural stakeholders, as well as artists and works; |
| --- | --- |

59.

Stresses the need to strive towards the mutual recognition of the status of artists, to look into how to provide opportunities for mobility and how best to make use of training programmes, networking and the free movement of CCS professionals, particularly cultural stakeholders, as well as artists and works;

| 60. | Considers it essential for the EU and its Member States to maintain the possibility of preserving and developing their cultural and audiovisual policies, and to do so in the context of their existing laws, standards and agreements, including the Unesco Convention on the Protection and Promotion of the Diversity of Cultural Expressions; calls, therefore, for the exclusion of cultural and audiovisual services, including those provided online, to be clearly stated in agreements between the Union and third countries; emphasises in this connection the need to keep the cultural and audiovisual outside the scope of the negotiating mandate for the EU-US free trade agreement, while pointing out that cultural and creative works are not goods like any others; |
| --- | --- |

60.

Considers it essential for the EU and its Member States to maintain the possibility of preserving and developing their cultural and audiovisual policies, and to do so in the context of their existing laws, standards and agreements, including the Unesco Convention on the Protection and Promotion of the Diversity of Cultural Expressions; calls, therefore, for the exclusion of cultural and audiovisual services, including those provided online, to be clearly stated in agreements between the Union and third countries; emphasises in this connection the need to keep the cultural and audiovisual outside the scope of the negotiating mandate for the EU-US free trade agreement, while pointing out that cultural and creative works are not goods like any others;

| 61. | Stresses the need for the EU and its Member States to devise and draft, in accordance with the Unesco Convention of 2005, policies in favour of cultural diversity that are suited to the digital age; |
| --- | --- |

61.

Stresses the need for the EU and its Member States to devise and draft, in accordance with the Unesco Convention of 2005, policies in favour of cultural diversity that are suited to the digital age;

| 62. | Stresses the need to strengthen policies on the digitisation of works to promote access to as many works of the European cultural heritage as possible; |
| --- | --- |

62.

Stresses the need to strengthen policies on the digitisation of works to promote access to as many works of the European cultural heritage as possible;

| 63. | Underlines the importance of cultural diplomacy, as well as the need for the EU to act as a global player in order to enhance the global competitiveness of its CCS; |
| --- | --- |

63.

Underlines the importance of cultural diplomacy, as well as the need for the EU to act as a global player in order to enhance the global competitiveness of its CCS;

| 64. | Calls on the Commission to propose suitable instruments to enable the CCS to export to the international markets under the right conditions; |
| --- | --- |

64.

Calls on the Commission to propose suitable instruments to enable the CCS to export to the international markets under the right conditions;

| 65. | Calls for the European External Action Service to be used to promote the CCS; |
| --- | --- |

65.

Calls for the European External Action Service to be used to promote the CCS;

| 66. | Points out that culture has indirect effects on other economic sectors; calls, therefore, on the CCS to step up cooperation with other sectors such as information and communications technologies (ICT) and tourism with a view to meeting the challenges of digital technology, globalisation and access to international markets; |
| --- | --- |

66.

Points out that culture has indirect effects on other economic sectors; calls, therefore, on the CCS to step up cooperation with other sectors such as information and communications technologies (ICT) and tourism with a view to meeting the challenges of digital technology, globalisation and access to international markets;

Local and regional development

| 67. | Stresses the importance of regional cultural and creativity policies, and hence the central role of local, regional and macroregional authorities in promoting and supporting the CCS, also paying due regard to popular culture, by making use of the right instruments and financing arrangements; welcomes the initiatives taken by public administrations to develop regional business support structures for the creative industries, including through projects funded by the EU; |
| --- | --- |

67.

Stresses the importance of regional cultural and creativity policies, and hence the central role of local, regional and macroregional authorities in promoting and supporting the CCS, also paying due regard to popular culture, by making use of the right instruments and financing arrangements; welcomes the initiatives taken by public administrations to develop regional business support structures for the creative industries, including through projects funded by the EU;

| 68. | Stresses that the cultural and creative industries should become a part of EU and national socio-economic strategies; underlines the need for further coordination of various policies, including industrial, educational and innovation policies, tourism policies, and regional, urban, local and spatial development; also encourages local and regional authorities, in line with the principle of subsidiarity, to include the CCS in their medium- and long-term economic strategies; |
| --- | --- |

68.

Stresses that the cultural and creative industries should become a part of EU and national socio-economic strategies; underlines the need for further coordination of various policies, including industrial, educational and innovation policies, tourism policies, and regional, urban, local and spatial development; also encourages local and regional authorities, in line with the principle of subsidiarity, to include the CCS in their medium- and long-term economic strategies;

| 69. | Highlights the cross-sectoral nature of the cultural and creative industries as an attractive communications tool and the global importance of these industries, not just for the world economy, but also for sustainable, smart and inclusive growth, innovation, entrepreneurship, social cohesion, and societal development; stresses the fact that these sectors have a rich local and regional potential for growth, representing new market opportunities for entrepreneurs of cultural and creative industries and thus cultural employment; |
| --- | --- |

69.

Highlights the cross-sectoral nature of the cultural and creative industries as an attractive communications tool and the global importance of these industries, not just for the world economy, but also for sustainable, smart and inclusive growth, innovation, entrepreneurship, social cohesion, and societal development; stresses the fact that these sectors have a rich local and regional potential for growth, representing new market opportunities for entrepreneurs of cultural and creative industries and thus cultural employment;

| 70. | Believes that the different competencies covered by these industries, as well as the interaction between creators and technologies, are often locally rooted and so should be supported by establishing local and regional platforms, networks, clusters, business incubators, and partnerships that would foster synergies, help find mechanisms to finance creativity and innovation, and support the management of job vacancies and funding opportunities; |
| --- | --- |

70.

Believes that the different competencies covered by these industries, as well as the interaction between creators and technologies, are often locally rooted and so should be supported by establishing local and regional platforms, networks, clusters, business incubators, and partnerships that would foster synergies, help find mechanisms to finance creativity and innovation, and support the management of job vacancies and funding opportunities;

| 71. | Stresses the importance of culture in the social and economic revitalisation of cities; urges the Commission to support peer learning among city administrations with a view to encouraging local government policymakers to share good practices; |
| --- | --- |

71.

Stresses the importance of culture in the social and economic revitalisation of cities; urges the Commission to support peer learning among city administrations with a view to encouraging local government policymakers to share good practices;

| 72. | Believes that the modernisation of cultural infrastructure can help to revitalise urban areas, with ensuing social and economic benefits; |
| --- | --- |

72.

Believes that the modernisation of cultural infrastructure can help to revitalise urban areas, with ensuing social and economic benefits;

| 73. | Recommends exploiting the hidden economic potential in the creative sectors so as to improve the quality of life in cities and regions; |
| --- | --- |

73.

Recommends exploiting the hidden economic potential in the creative sectors so as to improve the quality of life in cities and regions;

| 74. | Advocates an approach based on territorial dynamics with a view to involving all stakeholders (artists, local authorities, representatives of professionals, etc) in cultural governance at local and regional level; |
| --- | --- |

74.

Advocates an approach based on territorial dynamics with a view to involving all stakeholders (artists, local authorities, representatives of professionals, etc) in cultural governance at local and regional level;

| 75. | Points out that the cultural and creative industries, as a source of potential in terms of more and better jobs in the regions, are able to contribute to social and territorial integration; is concerned that these aspects of the cultural and creative industries are not sufficiently analysed and supported; stresses that the collection of statistical data in these sectors is inadequate at all levels, with the worst situation being at regional and local level; stresses that the impact of ICT on the cultural and creative sectors needs to be analysed, so that they can adapt to the new technological environment and link to technological developments; |
| --- | --- |

75.

Points out that the cultural and creative industries, as a source of potential in terms of more and better jobs in the regions, are able to contribute to social and territorial integration; is concerned that these aspects of the cultural and creative industries are not sufficiently analysed and supported; stresses that the collection of statistical data in these sectors is inadequate at all levels, with the worst situation being at regional and local level; stresses that the impact of ICT on the cultural and creative sectors needs to be analysed, so that they can adapt to the new technological environment and link to technological developments;

| 76. | Stresses the important role played by the CCS, in particular SMEs, as a lever for growth and development at local, regional and crossborder (Member State) level, particularly by promoting the cultural heritage, tourism and centres of excellence, helping to make regions attractive, paying special attention to regions with high cultural heritage, restructuring the socioeconomic fabric, developing new activities and creating stable and sustainable jobs; points out that this applies in particular to tourism, since towns and regions with a robust culture sector are especially attractive to tourists; |
| --- | --- |

76.

Stresses the important role played by the CCS, in particular SMEs, as a lever for growth and development at local, regional and crossborder (Member State) level, particularly by promoting the cultural heritage, tourism and centres of excellence, helping to make regions attractive, paying special attention to regions with high cultural heritage, restructuring the socioeconomic fabric, developing new activities and creating stable and sustainable jobs; points out that this applies in particular to tourism, since towns and regions with a robust culture sector are especially attractive to tourists;

| 77. | Highlights the importance of educational schemes in the promotion of creativity from early childhood on and for fostering artistic and cultural education by promoting an interest in the work and products of the creative industry during primary and secondary education; stresses that since local and regional authorities are often responsible for pre-school and primary education, they should play an important educational and cultural role in this process of addressing culture and creativity as an integral part of regional and urban development; underlines the importance of the non-formal training of adults in developing skills to adapt to a constantly changing labour market; |
| --- | --- |

77.

Highlights the importance of educational schemes in the promotion of creativity from early childhood on and for fostering artistic and cultural education by promoting an interest in the work and products of the creative industry during primary and secondary education; stresses that since local and regional authorities are often responsible for pre-school and primary education, they should play an important educational and cultural role in this process of addressing culture and creativity as an integral part of regional and urban development; underlines the importance of the non-formal training of adults in developing skills to adapt to a constantly changing labour market;

| 78. | Emphasises that funding available under the future MFF, especially under the ESF and ERDF, should be used to help strengthen the cultural and creative industries as well as the national, regional and local institutional and administrative capacity to work together, thus increasing the economic, social, educational, and cultural gains from these industries; draws attention to the outermost regions where setting up and developing the cultural and creative industries is more complicated; |
| --- | --- |

78.

Emphasises that funding available under the future MFF, especially under the ESF and ERDF, should be used to help strengthen the cultural and creative industries as well as the national, regional and local institutional and administrative capacity to work together, thus increasing the economic, social, educational, and cultural gains from these industries; draws attention to the outermost regions where setting up and developing the cultural and creative industries is more complicated;

| 79. | Takes the view, therefore, that the territorialisation requirements that come with certain regional or national cinema aid measures help maintain this link between culture and geography and should, in accordance with the conditions laid down in the 2001 Cinema communication (17), be maintained; |
| --- | --- |

79.

Takes the view, therefore, that the territorialisation requirements that come with certain regional or national cinema aid measures help maintain this link between culture and geography and should, in accordance with the conditions laid down in the 2001 Cinema communication (17), be maintained;

| 80. | Notes that the CCS are subject to dynamic transformation and enable the creation of clusters which drive progress and the development of cities and regions; |
| --- | --- |

80.

Notes that the CCS are subject to dynamic transformation and enable the creation of clusters which drive progress and the development of cities and regions;

| 81. | Points to the fact that the cultural and creative industries contribute to the maintenance and improvement of Europe’s immense cultural, historical, and architectural heritage; stresses the importance of movable cultural heritage, i.e. artefacts as products of human creativity throughout history up to the present day; stresses that the CCS are important for the development of the EU tourism industry and are of huge interest to tourists from both EU and non-EU countries; believes, in view of this added value, that the CCS should be strongly supported by the future EU budget and through national and regional programming documents drawn up for the period 2014-2020, given that they bring with them important economic opportunities; |
| --- | --- |

81.

Points to the fact that the cultural and creative industries contribute to the maintenance and improvement of Europe’s immense cultural, historical, and architectural heritage; stresses the importance of movable cultural heritage, i.e. artefacts as products of human creativity throughout history up to the present day; stresses that the CCS are important for the development of the EU tourism industry and are of huge interest to tourists from both EU and non-EU countries; believes, in view of this added value, that the CCS should be strongly supported by the future EU budget and through national and regional programming documents drawn up for the period 2014-2020, given that they bring with them important economic opportunities;

| 82. | Highlights the need to preserve the national heritage and promote the cultural content of a given region at home and abroad; |
| --- | --- |

82.

Highlights the need to preserve the national heritage and promote the cultural content of a given region at home and abroad;

| 83. | Considers that creative people, products and services, as part of the cultural diversity of the EU, should form the basis of a strong single European market and well-developed regions, as well as of local economies where they can contribute to the creation of new economic activities and new jobs; calls for better use of the cultural and creative industries in attracting new investment and varied talent to Europe; stresses that entrepreneurs in the CCS do not have easy access to funding; calls on the Member States to adopt adequate social and fiscal measures to support the creative economy and to support new business models for cultural and creative industries adapted to the European market, which would enable the mobility of artists and people working in the cultural and creative industries, as well helping them overcome obstacles related to different tax or social systems and language barriers, and to promote better understanding among countries and cultures; |
| --- | --- |

83.

Considers that creative people, products and services, as part of the cultural diversity of the EU, should form the basis of a strong single European market and well-developed regions, as well as of local economies where they can contribute to the creation of new economic activities and new jobs; calls for better use of the cultural and creative industries in attracting new investment and varied talent to Europe; stresses that entrepreneurs in the CCS do not have easy access to funding; calls on the Member States to adopt adequate social and fiscal measures to support the creative economy and to support new business models for cultural and creative industries adapted to the European market, which would enable the mobility of artists and people working in the cultural and creative industries, as well helping them overcome obstacles related to different tax or social systems and language barriers, and to promote better understanding among countries and cultures;

o

o o

| 84. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

84.

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

---

(1)  OJ L 201, 25.7.2006, p. 15.

(2)  OJ C 311, 21.12.2007, p. 7.

(3)  OJ C 287, 29.11.2007, p. 1.

(4)  OJ L 372, 27.12.2006, p. 1.

(5)  OJ L 327, 24.11.2006, p. 12.

(6)  OJ C 247 E, 15.10.2009, p. 32.

(7)  OJ C 125 E, 22.5.2008, p. 223.

(8)  OJ C 247 E, 15.10.2009, p. 25.

(9)  Doc. 8749/1/09 REV 1 and 8749/1/09 REV 1 COR 1.

(10)  OJ C 377 E, 7.12.2012, p. 135.

(11)  OJ C 377 E, 7.12.2012, p. 142.

(12)  Doc. 17566/12.

(13)  CdR 2391/2012.

(14)  SWD(2012)0286.

(15)  COM(2012)0537.

(16)  OJ L 95, 15.4.2010, p. 1. Corrected version published in OJ L 263, 6.10.2010, p. 15.

(17)  OJ C 43, 16.2.2002, p. 6.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/105 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/105

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P7_TA(2013)0374

Micro-generation

European Parliament resolution of 12 September 2013 on microgeneration — small-scale electricity and heat generation (2012/2930(RSP))

(2016/C 093/14)

The European Parliament,

| — | having regard to Articles 192(2) and 194 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Articles 192(2) and 194 of the Treaty on the Functioning of the European Union,

| — | having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (1), |
| --- | --- |

—

having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (1),

| — | having regard to Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (2) and to its implications for heat and energy generation, |
| --- | --- |

—

having regard to Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (2) and to its implications for heat and energy generation,

| — | having regard to Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (3), to Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (4) and to their respective implementing regulations, |
| --- | --- |

—

having regard to Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (3), to Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (4) and to their respective implementing regulations,

| — | having regard to the Commission Communication entitled ‘Making the internal energy market work’ (COM(2012)0663) and the accompanying working documents (SWD(2012)0367 and SWD(2012)0368), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Making the internal energy market work’ (COM(2012)0663) and the accompanying working documents (SWD(2012)0367 and SWD(2012)0368),

| — | having regard to the Commission Communication entitled ‘Renewable energy: a major player in the European energy market’ (COM(2012)0271), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Renewable energy: a major player in the European energy market’ (COM(2012)0271),

| — | having regard to its resolution of 15 December 2010 on revision of the Energy Efficiency Action Plan (5), |
| --- | --- |

—

having regard to its resolution of 15 December 2010 on revision of the Energy Efficiency Action Plan (5),

| — | having regard to the question to the Commission on microgeneration (E-010355/2011), |
| --- | --- |

—

having regard to the question to the Commission on microgeneration (E-010355/2011),

| — | having regard to the question to the Commission on civic partnership investment projects for solar power plants (E-011185/2012), |
| --- | --- |

—

having regard to the question to the Commission on civic partnership investment projects for solar power plants (E-011185/2012),

| — | having regard to the question to the Commission on microgeneration (O-000074/2013 — B7-0217/2013), |
| --- | --- |

—

having regard to the question to the Commission on microgeneration (O-000074/2013 — B7-0217/2013),

| — | having regard to Rules 115(5) and 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

| A. | whereas access to sufficient energy for a decent standard of living is a basic right for all and whereas energy prices have risen significantly in recent years; |
| --- | --- |

A.

whereas access to sufficient energy for a decent standard of living is a basic right for all and whereas energy prices have risen significantly in recent years;

| B. | whereas the European Union is increasingly dependent on imports from third countries for its energy supply and therefore change is needed if it is to secure its climate, energy and growth goals; |
| --- | --- |

B.

whereas the European Union is increasingly dependent on imports from third countries for its energy supply and therefore change is needed if it is to secure its climate, energy and growth goals;

| C. | whereas the use of fossil fuels as an energy source has increased the levels of CO2 in our atmosphere and thereby contributed to global climate change; whereas the EU has set targets for renewable energy generation for 2020 and is currently working on a framework for climate and energy policy for 2030; whereas provisions on small-scale energy generation (microgeneration) currently exist but are dispersed across various legislative and non-legislative initiatives such as the Renewable Energy Directive and the Energy Efficiency Directive; |
| --- | --- |

C.

whereas the use of fossil fuels as an energy source has increased the levels of CO2 in our atmosphere and thereby contributed to global climate change; whereas the EU has set targets for renewable energy generation for 2020 and is currently working on a framework for climate and energy policy for 2030; whereas provisions on small-scale energy generation (microgeneration) currently exist but are dispersed across various legislative and non-legislative initiatives such as the Renewable Energy Directive and the Energy Efficiency Directive;

| D. | whereas the EU’s leaders should be in the forefront of addressing the energy transition, taking into account the need for involvement of all EU citizens, regardless of income and wealth; whereas small-scale energy can help boost community cohesion, combat energy poverty, create new jobs and economic growth and result in a new approach to tackling the current economic crisis; |
| --- | --- |

D.

whereas the EU’s leaders should be in the forefront of addressing the energy transition, taking into account the need for involvement of all EU citizens, regardless of income and wealth; whereas small-scale energy can help boost community cohesion, combat energy poverty, create new jobs and economic growth and result in a new approach to tackling the current economic crisis;

| E. | whereas small-scale and decentralised energy generation represents an opportunity for households and small and medium-sized enterprises, as well as for communities in both urban and rural areas, to work together to combat climate change by becoming energy producers; whereas consumers should acquire awareness of efficient ways to produce and consume energy; whereas empowering consumers to generate their own electricity and heat can lead to a more sustainable and participative society; whereas the Commission communication on the internal energy market addresses the issue of empowering such ‘prosumers’; whereas there are already many opportunities for consumers to engage actively in efficient energy production and consumption, but there are still challenges to be addressed; |
| --- | --- |

E.

whereas small-scale and decentralised energy generation represents an opportunity for households and small and medium-sized enterprises, as well as for communities in both urban and rural areas, to work together to combat climate change by becoming energy producers; whereas consumers should acquire awareness of efficient ways to produce and consume energy; whereas empowering consumers to generate their own electricity and heat can lead to a more sustainable and participative society; whereas the Commission communication on the internal energy market addresses the issue of empowering such ‘prosumers’; whereas there are already many opportunities for consumers to engage actively in efficient energy production and consumption, but there are still challenges to be addressed;

| F. | whereas microgeneration of energy can also play a role at global level; |
| --- | --- |

F.

whereas microgeneration of energy can also play a role at global level;

| G. | whereas incentives for small-scale energy and heat generation differ widely across Member States; whereas EU policies should be better implemented in order to tap the potential of small-scale energy generation across the EU; |
| --- | --- |

G.

whereas incentives for small-scale energy and heat generation differ widely across Member States; whereas EU policies should be better implemented in order to tap the potential of small-scale energy generation across the EU;

Definition

| 1. | Defines, for the purpose of this resolution, the term microgeneration as: 1) the small-scale generation of heating/cooling and electricity-delivering energy by individuals and SMEs in order to meet their own needs; and 2) different forms of grouped or cooperative small-scale production at community level existing to meet local needs; notes that microgeneration includes a variety of technologies (hydropower, geothermal, solar power, marine, wind, heat pump, biomass) having a specific focus on the renewable and sustainable dimensions; |
| --- | --- |

1.

Defines, for the purpose of this resolution, the term microgeneration as: 1) the small-scale generation of heating/cooling and electricity-delivering energy by individuals and SMEs in order to meet their own needs; and 2) different forms of grouped or cooperative small-scale production at community level existing to meet local needs; notes that microgeneration includes a variety of technologies (hydropower, geothermal, solar power, marine, wind, heat pump, biomass) having a specific focus on the renewable and sustainable dimensions;

Introduction

| 2. | Affirms that microgeneration must be a vital element in future energy generation if the EU is to meet its renewable energy targets in the long term; recalls that microgeneration is contributing to the increase in the overall share of renewables in the EU energy mix and enables efficient electricity consumption close to the point of generation while avoiding transmission losses; |
| --- | --- |

2.

Affirms that microgeneration must be a vital element in future energy generation if the EU is to meet its renewable energy targets in the long term; recalls that microgeneration is contributing to the increase in the overall share of renewables in the EU energy mix and enables efficient electricity consumption close to the point of generation while avoiding transmission losses;

| 3. | Recalls that the successful take-up of microgeneration is dependent upon numerous different factors, including: a well-functioning European internal energy market; the technical development of microgeneration units; the deployment of smart energy infrastructure, especially at distribution level; and effective short-, medium- and long-term policies and support schemes to incentivise microgeneration at European, national and local level; |
| --- | --- |

3.

Recalls that the successful take-up of microgeneration is dependent upon numerous different factors, including: a well-functioning European internal energy market; the technical development of microgeneration units; the deployment of smart energy infrastructure, especially at distribution level; and effective short-, medium- and long-term policies and support schemes to incentivise microgeneration at European, national and local level;

| 4. | Recognises the role of research and technology in improving the efficiency and reducing the costs of microgeneration; |
| --- | --- |

4.

Recognises the role of research and technology in improving the efficiency and reducing the costs of microgeneration;

| 5. | Points out that specific barriers are limiting the larger-scale deployment of microgeneration technologies, among them being: the challenge posed by high up-front investment costs; the high level of administrative complexity associated with connection and access to the electricity grid; and lack of awareness regarding the energy and cost savings offered by different microgeneration technologies over their lifetime; |
| --- | --- |

5.

Points out that specific barriers are limiting the larger-scale deployment of microgeneration technologies, among them being: the challenge posed by high up-front investment costs; the high level of administrative complexity associated with connection and access to the electricity grid; and lack of awareness regarding the energy and cost savings offered by different microgeneration technologies over their lifetime;

| 6. | Points out that energy poverty is a growing problem; emphasises that facilitating microgeneration at the individual and community level can empower consumers to become active agents in the energy sector while gaining more control over their energy use and reducing the amount of energy they have to purchase, thus preventing energy poverty; stresses that microgeneration affords an opportunity to reshape society in a more sustainable, cooperative and equitable manner; calls for special attention to be paid to tenants, who are often deterred from making efficiency improvements and generating their own energy; |
| --- | --- |

6.

Points out that energy poverty is a growing problem; emphasises that facilitating microgeneration at the individual and community level can empower consumers to become active agents in the energy sector while gaining more control over their energy use and reducing the amount of energy they have to purchase, thus preventing energy poverty; stresses that microgeneration affords an opportunity to reshape society in a more sustainable, cooperative and equitable manner; calls for special attention to be paid to tenants, who are often deterred from making efficiency improvements and generating their own energy;

| 7. | Stresses that microgeneration technologies such as micro-CHP and small-scale renewables make it possible to have zero-energy and positive-energy buildings which feed into the grid surplus electricity generated on the premises; |
| --- | --- |

7.

Stresses that microgeneration technologies such as micro-CHP and small-scale renewables make it possible to have zero-energy and positive-energy buildings which feed into the grid surplus electricity generated on the premises;

| 8. | Notes the importance of promoting local renewable energy cooperatives in both rural and urban areas in order to increase public support for renewable energy and citizens’ awareness of and participation in energy production on a small scale, improve access to renewable energy, and generate investment; notes the importance of promoting local and regional aggregators that would enable secure and efficient citizen participation in the electricity market, guaranteeing fair prices to the prosumer for the services provided to the power system; notes that local authorities have an important role in promoting and incentivising microgeneration among citizens, SMEs and stakeholders; |
| --- | --- |

8.

Notes the importance of promoting local renewable energy cooperatives in both rural and urban areas in order to increase public support for renewable energy and citizens’ awareness of and participation in energy production on a small scale, improve access to renewable energy, and generate investment; notes the importance of promoting local and regional aggregators that would enable secure and efficient citizen participation in the electricity market, guaranteeing fair prices to the prosumer for the services provided to the power system; notes that local authorities have an important role in promoting and incentivising microgeneration among citizens, SMEs and stakeholders;

| 9. | Takes the view that there is little awareness among EU citizens of the benefits of microgeneration, and calls on the Commission and the Member States to take steps to publicise microgeneration solutions and best practices in this field; |
| --- | --- |

9.

Takes the view that there is little awareness among EU citizens of the benefits of microgeneration, and calls on the Commission and the Member States to take steps to publicise microgeneration solutions and best practices in this field;

| 10. | Notes that little information is available on the capacity and future potential of microgeneration in the EU; believes better knowledge would allow it to play a crucial role in climate, energy and industrial policy; |
| --- | --- |

10.

Notes that little information is available on the capacity and future potential of microgeneration in the EU; believes better knowledge would allow it to play a crucial role in climate, energy and industrial policy;

| 11. | Observes that, in order to promote microgeneration of electricity, there is a need for smart electricity meters which can calculate the electricity used for the producer’s own purposes and the share to be fed into the grid, as well as thermal energy meters to monitor the heat entering and leaving a property that is part of a heating network, so that thermal energy produced can be credited; |
| --- | --- |

11.

Observes that, in order to promote microgeneration of electricity, there is a need for smart electricity meters which can calculate the electricity used for the producer’s own purposes and the share to be fed into the grid, as well as thermal energy meters to monitor the heat entering and leaving a property that is part of a heating network, so that thermal energy produced can be credited;

| 12. | Observes that it is frequently viable to feed the combined heat and power which have been produced to plants, even in the context of microgeneration, because this often substantially improves energy efficiency; |
| --- | --- |

12.

Observes that it is frequently viable to feed the combined heat and power which have been produced to plants, even in the context of microgeneration, because this often substantially improves energy efficiency;

| 13. | Notes that large-scale uptake of microgeneration represents an important step in the transition from the historical centralised energy system to a more decentralised and flexible system that is needed to achieve the EU’s energy and climate objectives; emphasises the importance of promoting microgeneration now, while addressing in a fair manner issues relating to distribution network operators, including cost-sharing and the need for investment in smart technologies; stresses that the positive impact of ancillary services provided by microgenerators and contributing to secure system operation should be properly defined and fairly treated; stresses, therefore, the need to take the right decisions and adopt the right objectives now and no longer to postpone the appropriate investment and ambitious regulation; |
| --- | --- |

13.

Notes that large-scale uptake of microgeneration represents an important step in the transition from the historical centralised energy system to a more decentralised and flexible system that is needed to achieve the EU’s energy and climate objectives; emphasises the importance of promoting microgeneration now, while addressing in a fair manner issues relating to distribution network operators, including cost-sharing and the need for investment in smart technologies; stresses that the positive impact of ancillary services provided by microgenerators and contributing to secure system operation should be properly defined and fairly treated; stresses, therefore, the need to take the right decisions and adopt the right objectives now and no longer to postpone the appropriate investment and ambitious regulation;

| 14. | Points out that it may prove very costly to increase microgeneration capacity in the EU, and that increased investment in microgeneration by individual prosumers will also make other investment necessary at different levels of the energy system, e.g. in distribution and transmission systems that facilitate the use of microgeneration; stresses that this must not undermine full security of supply or artificially increase energy prices; agrees with the European Council that the EU’s energy policy must ensure security of supply for households and companies at affordable and competitive prices and costs; |
| --- | --- |

14.

Points out that it may prove very costly to increase microgeneration capacity in the EU, and that increased investment in microgeneration by individual prosumers will also make other investment necessary at different levels of the energy system, e.g. in distribution and transmission systems that facilitate the use of microgeneration; stresses that this must not undermine full security of supply or artificially increase energy prices; agrees with the European Council that the EU’s energy policy must ensure security of supply for households and companies at affordable and competitive prices and costs;

Regulatory framework

| 15. | Calls on the Commission to draw up recommendations, based on best practices for regulators and system operators, on how to shorten and simplify the administrative procedures involved in operating and connecting microgeneration units to the grid, with a particular focus on setting up one-stop-shop procedures; stresses the need to promote the ambitious implementation of existing guidelines such as the provisions on micro-cogeneration units in the Energy Efficiency Directive; |
| --- | --- |

15.

Calls on the Commission to draw up recommendations, based on best practices for regulators and system operators, on how to shorten and simplify the administrative procedures involved in operating and connecting microgeneration units to the grid, with a particular focus on setting up one-stop-shop procedures; stresses the need to promote the ambitious implementation of existing guidelines such as the provisions on micro-cogeneration units in the Energy Efficiency Directive;

| 16. | Notes that the energy produced by microgenerators, when instantaneously and locally consumed, helps prevent energy flows and related losses in the system and increases prosumers’ sense of ownership; calls, therefore, on the Commission and the Member States to develop specific mechanisms in order to encourage self-sufficiency, in conjunction with an overall reduction in consumption; |
| --- | --- |

16.

Notes that the energy produced by microgenerators, when instantaneously and locally consumed, helps prevent energy flows and related losses in the system and increases prosumers’ sense of ownership; calls, therefore, on the Commission and the Member States to develop specific mechanisms in order to encourage self-sufficiency, in conjunction with an overall reduction in consumption;

| 17. | Calls on the Commission and the national regulators to develop regulatory frameworks defining the roles and responsibilities of all actors in relation to distribution grids, with a particular focus on the conditions permitting an uptake of aggregation, given its future crucial role in the active participation of microgeneration in the system; |
| --- | --- |

17.

Calls on the Commission and the national regulators to develop regulatory frameworks defining the roles and responsibilities of all actors in relation to distribution grids, with a particular focus on the conditions permitting an uptake of aggregation, given its future crucial role in the active participation of microgeneration in the system;

| 18. | Notes the increasingly important role of distribution system operators (DSOs) in a more decentralised energy network, in providing security of supply and stable and reliable network operation while securing data privacy for consumers; calls on the Commission and the national regulators to recognise this role and facilitate DSOs’ investment in the distribution system, with a view to improving the overall efficiency of the energy system; calls, in addition, for a more clearly defined role for DSOs in organising balancing and other ancillary services; |
| --- | --- |

18.

Notes the increasingly important role of distribution system operators (DSOs) in a more decentralised energy network, in providing security of supply and stable and reliable network operation while securing data privacy for consumers; calls on the Commission and the national regulators to recognise this role and facilitate DSOs’ investment in the distribution system, with a view to improving the overall efficiency of the energy system; calls, in addition, for a more clearly defined role for DSOs in organising balancing and other ancillary services;

| 19. | Believes that effective coordinated action on small-scale energy generation across the EU is needed as part of the creation of the European internal energy market; |
| --- | --- |

19.

Believes that effective coordinated action on small-scale energy generation across the EU is needed as part of the creation of the European internal energy market;

| 20. | Notes that different Member States have differing aims and structures for their fiscal and legal provisions on microgeneration, and that this can be an impediment to the widespread uptake of microgeneration; calls on the Commission to identify budget lines under the Intelligent Energy Europe (IEE) programme and to work together with the Member States to remove existing barriers in national laws on access to finance for individual and cooperative microgeneration projects, create new targeted financial instruments (e.g. microcredits), and disseminate best practices regarding these activities; |
| --- | --- |

20.

Notes that different Member States have differing aims and structures for their fiscal and legal provisions on microgeneration, and that this can be an impediment to the widespread uptake of microgeneration; calls on the Commission to identify budget lines under the Intelligent Energy Europe (IEE) programme and to work together with the Member States to remove existing barriers in national laws on access to finance for individual and cooperative microgeneration projects, create new targeted financial instruments (e.g. microcredits), and disseminate best practices regarding these activities;

| 21. | Calls on the Member States to take the specificities of microgeneration into account when designing and reviewing national incentives and support schemes to ensure that they are suited to small-scale energy generation; |
| --- | --- |

21.

Calls on the Member States to take the specificities of microgeneration into account when designing and reviewing national incentives and support schemes to ensure that they are suited to small-scale energy generation;

Infrastructure, products and standards

| 22. | Demands, without delay, the full implementation of the third energy package, and notably the EU metering legislation, in order to facilitate prosumers’ activities on the grid, as well as effective distribution management; requests that it be made possible to transfer energy between producer and consumer on a small scale as well, for example in a neighbourhood or cooperative; calls on the Member States, where it is shown in the cost-benefit analysis to be in the consumer interest, to speed up the rollout of smart meters in order to help households acquire accurate data and full value for the energy produced on their premises; |
| --- | --- |

22.

Demands, without delay, the full implementation of the third energy package, and notably the EU metering legislation, in order to facilitate prosumers’ activities on the grid, as well as effective distribution management; requests that it be made possible to transfer energy between producer and consumer on a small scale as well, for example in a neighbourhood or cooperative; calls on the Member States, where it is shown in the cost-benefit analysis to be in the consumer interest, to speed up the rollout of smart meters in order to help households acquire accurate data and full value for the energy produced on their premises;

| 23. | Suggests that the Commission investigate the possibility of introducing microgeneration systems into urban planning projects; believes this could lead to increased efficiency and cost reductions for the development of the small-scale transmission and distribution of renewable energies; |
| --- | --- |

23.

Suggests that the Commission investigate the possibility of introducing microgeneration systems into urban planning projects; believes this could lead to increased efficiency and cost reductions for the development of the small-scale transmission and distribution of renewable energies;

| 24. | Notes that standardisation is key to the further deployment of the mass-production equipment used for microgeneration in a streamlined and cost-effective form; calls on the European standardisation bodies to accelerate their standardisation activities; |
| --- | --- |

24.

Notes that standardisation is key to the further deployment of the mass-production equipment used for microgeneration in a streamlined and cost-effective form; calls on the European standardisation bodies to accelerate their standardisation activities;

| 25. | Recalls that small-scale generators interact with the distribution network in different ways from their large-scale counterparts and should therefore be treated differently in future legislation; |
| --- | --- |

25.

Recalls that small-scale generators interact with the distribution network in different ways from their large-scale counterparts and should therefore be treated differently in future legislation;

| 26. | Is aware that a significant uptake of microgeneration will give rise to challenges in the management of distribution networks, linked to the matching of energy demand and supply and necessitating innovative investment in an upgraded distribution network; notes the importance of smart technologies in achieving this; calls on the Member States to facilitate access to the grid for microgenerators while addressing the issue of network costs related to small-scale energy production and maintaining efficient network management; calls on the national regulatory authorities to incentivise innovation and investment in local distribution grids; |
| --- | --- |

26.

Is aware that a significant uptake of microgeneration will give rise to challenges in the management of distribution networks, linked to the matching of energy demand and supply and necessitating innovative investment in an upgraded distribution network; notes the importance of smart technologies in achieving this; calls on the Member States to facilitate access to the grid for microgenerators while addressing the issue of network costs related to small-scale energy production and maintaining efficient network management; calls on the national regulatory authorities to incentivise innovation and investment in local distribution grids;

| 27. | Notes that it has been shown that ownership projects enjoy better levels of acceptance and should therefore be facilitated; recalls that, while aggregators could play an important role in facilitating such projects, their role has so far been unclear in the relevant EU legislation; calls, therefore, for the swift and ambitious implementation of the demand response provisions contained in the Energy Efficiency Directive; |
| --- | --- |

27.

Notes that it has been shown that ownership projects enjoy better levels of acceptance and should therefore be facilitated; recalls that, while aggregators could play an important role in facilitating such projects, their role has so far been unclear in the relevant EU legislation; calls, therefore, for the swift and ambitious implementation of the demand response provisions contained in the Energy Efficiency Directive;

| 28. | Encourages the Commission to look into the possibility of supporting crowdfunding models, i.e. long-term investment systems in which investors and entrepreneurs are in direct contact through a platform, in order to create opportunities and encourage people to build microgeneration cooperatives; |
| --- | --- |

28.

Encourages the Commission to look into the possibility of supporting crowdfunding models, i.e. long-term investment systems in which investors and entrepreneurs are in direct contact through a platform, in order to create opportunities and encourage people to build microgeneration cooperatives;

| 29. | Notes that public attention is increasingly focusing on the possibility of financing projects through open appeals addressed to the wider public (crowdfunding); calls on the Commission to promote the possibility of co-ownership of local projects and thereby improve the mobilisation of local support; |
| --- | --- |

29.

Notes that public attention is increasingly focusing on the possibility of financing projects through open appeals addressed to the wider public (crowdfunding); calls on the Commission to promote the possibility of co-ownership of local projects and thereby improve the mobilisation of local support;

| 30. | Calls on the Commission, in addition, to study the extent to which EU rules such as the Prospectus Directive (Directive 2003/71/EC), the MiFID (Directive 2004/39/EC) and the E-money Directive (Directive 2009/110/EC) already allow certain projects to be implemented on the basis of co-ownership of local structures; |
| --- | --- |

30.

Calls on the Commission, in addition, to study the extent to which EU rules such as the Prospectus Directive (Directive 2003/71/EC), the MiFID (Directive 2004/39/EC) and the E-money Directive (Directive 2009/110/EC) already allow certain projects to be implemented on the basis of co-ownership of local structures;

| 31. | States that any initiatives in the field of microgeneration should be in line with network codes; notes that the objectives of secondary electricity legislation, such as the network codes, can be better and more cost-effectively achieved by establishing standards at EU level for most types of microgeneration technology; calls for an active form of distribution system management based on close cooperation between DSOs and transmission system operators (TSOs) and other elements (generation, consumption and storage units) in the grid authorities in order to incentivise innovation and investment in local distribution grids; |
| --- | --- |

31.

States that any initiatives in the field of microgeneration should be in line with network codes; notes that the objectives of secondary electricity legislation, such as the network codes, can be better and more cost-effectively achieved by establishing standards at EU level for most types of microgeneration technology; calls for an active form of distribution system management based on close cooperation between DSOs and transmission system operators (TSOs) and other elements (generation, consumption and storage units) in the grid authorities in order to incentivise innovation and investment in local distribution grids;

| 32. | Calls on the Agency for the Cooperation of Energy Regulators (ACER), the European Network of Transmission System Operators for Electricity (ENTSO-E), the Commission and national governments to pay particular attention to decentralised renewables in the current drafting and negotiation process regarding the network codes; |
| --- | --- |

32.

Calls on the Agency for the Cooperation of Energy Regulators (ACER), the European Network of Transmission System Operators for Electricity (ENTSO-E), the Commission and national governments to pay particular attention to decentralised renewables in the current drafting and negotiation process regarding the network codes;

| 33. | Notes that new forms of production, ownership and consumption such as the leasing society could play a crucial role in the uptake of microgeneration, since many elements enabled by this approach are positive in that field, e.g. lower upfront cost, cost transparency through fixed prices for product-services combinations, the solution to an important financing problem for lower-income prosumers, optimal quality of installation, and better maintenance and thus a longer lifecycle on the supplier side; |
| --- | --- |

33.

Notes that new forms of production, ownership and consumption such as the leasing society could play a crucial role in the uptake of microgeneration, since many elements enabled by this approach are positive in that field, e.g. lower upfront cost, cost transparency through fixed prices for product-services combinations, the solution to an important financing problem for lower-income prosumers, optimal quality of installation, and better maintenance and thus a longer lifecycle on the supplier side;

Specific actions

| 34. | Calls on the Commission to carry out a comprehensive assessment of the potential capacity for microgeneration, and to examine best practices within the EU and the potential impact of a large-scale uptake of microgeneration on the European internal energy market and infrastructure; |
| --- | --- |

34.

Calls on the Commission to carry out a comprehensive assessment of the potential capacity for microgeneration, and to examine best practices within the EU and the potential impact of a large-scale uptake of microgeneration on the European internal energy market and infrastructure;

| 35. | Calls on the Commission and the Member States to ensure that microgeneration is eligible for financing under EU funds, including the Structural Funds, from the 2014-2020 period onwards; |
| --- | --- |

35.

Calls on the Commission and the Member States to ensure that microgeneration is eligible for financing under EU funds, including the Structural Funds, from the 2014-2020 period onwards;

| 36. | Calls for research, development and innovation funding to be invested in microgeneration in order to develop appropriate technical solutions and installations; |
| --- | --- |

36.

Calls for research, development and innovation funding to be invested in microgeneration in order to develop appropriate technical solutions and installations;

| 37. | Recognises the importance of EU leadership in the field of climate and energy policy, and states that microgeneration should contribute to meeting our long-term objectives; calls, therefore, on the Commission and the Member States to improve implementation of the strategies for small-scale electricity and heat generation contained in the existing EU policy framework, thereby recognising the importance of microgeneration and facilitating its take-up in the Member States; |
| --- | --- |

37.

Recognises the importance of EU leadership in the field of climate and energy policy, and states that microgeneration should contribute to meeting our long-term objectives; calls, therefore, on the Commission and the Member States to improve implementation of the strategies for small-scale electricity and heat generation contained in the existing EU policy framework, thereby recognising the importance of microgeneration and facilitating its take-up in the Member States;

| 38. | Calls on the Commission to take account of the role of microgeneration in future EU energy legislation, particularly in the context of the Union’s forthcoming (2030) climate and energy package; |
| --- | --- |

38.

Calls on the Commission to take account of the role of microgeneration in future EU energy legislation, particularly in the context of the Union’s forthcoming (2030) climate and energy package;

| 39. | Calls on the Commission, together with the Member States, to look carefully at the existing cost structures in the energy network and to provide guidance on means of facilitating permission and grid access for, and operation of, microgeneration units; |
| --- | --- |

39.

Calls on the Commission, together with the Member States, to look carefully at the existing cost structures in the energy network and to provide guidance on means of facilitating permission and grid access for, and operation of, microgeneration units;

o

o o

| 40. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

40.

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

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(1)  OJ L 140, 5.6.2009, p. 16.

(2)  OJ L 315, 14.11.2012, p. 1.

(3)  OJ L 285, 31.10.2009, p. 10.

(4)  OJ L 153, 18.6.2010, p. 1.

(5)  OJ C 169 E, 15.6.2012, p. 66.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/110 |
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9.3.2016

EN

Official Journal of the European Union

C 93/110

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P7_TA(2013)0375

Equal pay for male and female workers

European Parliament resolution of 12 September 2013 on the application of the principle of equal pay for male and female workers for equal work or work of equal value (2013/2678(RSP))

(2016/C 093/15)

The European Parliament,

| — | having regard to Articles 8, 157 and 225 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 8, 157 and 225 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (1), |
| --- | --- |

—

having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (1),

| — | having regard to Article 11(1)(d) of the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the UN General Assembly in its Resolution 34/180 of 18 December 1979, |
| --- | --- |

—

having regard to Article 11(1)(d) of the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the UN General Assembly in its Resolution 34/180 of 18 December 1979,

| — | having regard to the Commission’s Communication of 21 September 2010 entitled ‘Strategy for equality between women and men 2010-2015’ (COM(2010)0491), |
| --- | --- |

—

having regard to the Commission’s Communication of 21 September 2010 entitled ‘Strategy for equality between women and men 2010-2015’ (COM(2010)0491),

| — | having regard to the Commission’s Communication of 5 March 2010 entitled ‘A strengthened commitment to equality between women and men — A Women’s Charter’ (COM(2010)0078), |
| --- | --- |

—

having regard to the Commission’s Communication of 5 March 2010 entitled ‘A strengthened commitment to equality between women and men — A Women’s Charter’ (COM(2010)0078),

| — | having regard to its resolution of 24 May 2012 with recommendations to the Commission on application of the principle of equal pay for male and female workers for equal work or work of equal value (2), |
| --- | --- |

—

having regard to its resolution of 24 May 2012 with recommendations to the Commission on application of the principle of equal pay for male and female workers for equal work or work of equal value (2),

| — | having regard to the European Added Value Assessment on ‘Application of the principle of equal pay for men and women for equal work of equal value’ (3), |
| --- | --- |

—

having regard to the European Added Value Assessment on ‘Application of the principle of equal pay for men and women for equal work of equal value’ (3),

| — | having regard to the study on ‘The gender gap in pensions in the EU’ (4), |
| --- | --- |

—

having regard to the study on ‘The gender gap in pensions in the EU’ (4),

| — | having regard to the question to the Commission on equal pay for male and female workers for equal work or work of equal value (O-000078/2013 — B7-0218/2013), |
| --- | --- |

—

having regard to the question to the Commission on equal pay for male and female workers for equal work or work of equal value (O-000078/2013 — B7-0218/2013),

| — | having regard to Rules 115(5) and 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

| A. | whereas, in its resolution of 24 May 2012 with recommendations to the Commission on application of the principle of equal pay for male and female workers for equal work or work of equal value, Parliament requested the Commission to review Directive 2006/54/EC by 15 February 2013 at the latest, taking on board the Parliament’s recommendations, including the revision of existing legislation; |
| --- | --- |

A.

whereas, in its resolution of 24 May 2012 with recommendations to the Commission on application of the principle of equal pay for male and female workers for equal work or work of equal value, Parliament requested the Commission to review Directive 2006/54/EC by 15 February 2013 at the latest, taking on board the Parliament’s recommendations, including the revision of existing legislation;

| B. | whereas, as a result of labour market policies seeking to do away with the principle and practice of collective bargaining, salaries are increasingly being negotiated on an individual basis, resulting in a lack of information on and transparency of individualised pay systems, which leads to increased pay disparities among employees at similar levels and can cause a widening of the gender pay gap; |
| --- | --- |

B.

whereas, as a result of labour market policies seeking to do away with the principle and practice of collective bargaining, salaries are increasingly being negotiated on an individual basis, resulting in a lack of information on and transparency of individualised pay systems, which leads to increased pay disparities among employees at similar levels and can cause a widening of the gender pay gap;

| C. | whereas progress in narrowing the gender pay gap is extremely slow, and in some Member States the gap has even widened; whereas, despite the significant body of legislation in force for almost 40 years, the actions taken and resources spent (the disparity at EU level was 17,7 % in 2006, 17,6 % in 2007, 17,4 % in 2008, 16,9 % in 2009 and 16,4 % in 2010), the gender pay gap is still a persistent problem and currently stands at 16,2 % across the EU; whereas the implementation of the principle of equal pay for the same work and for work of equal value is crucial to achieving gender equality; whereas the negative effects of the gender pay gap on women extend into their retirement age and women receive pensions which are, on average, 39 % lower than those of men; |
| --- | --- |

C.

whereas progress in narrowing the gender pay gap is extremely slow, and in some Member States the gap has even widened; whereas, despite the significant body of legislation in force for almost 40 years, the actions taken and resources spent (the disparity at EU level was 17,7 % in 2006, 17,6 % in 2007, 17,4 % in 2008, 16,9 % in 2009 and 16,4 % in 2010), the gender pay gap is still a persistent problem and currently stands at 16,2 % across the EU; whereas the implementation of the principle of equal pay for the same work and for work of equal value is crucial to achieving gender equality; whereas the negative effects of the gender pay gap on women extend into their retirement age and women receive pensions which are, on average, 39 % lower than those of men;

| D. | whereas, according to academic research on closing the gender pay gap, different factors need to be considered and addressed properly, such as differences in activity and employment rates, in wage structures, in the composition of the workforce and in remuneration, as well as other macroeconomic and institutional factors; |
| --- | --- |

D.

whereas, according to academic research on closing the gender pay gap, different factors need to be considered and addressed properly, such as differences in activity and employment rates, in wage structures, in the composition of the workforce and in remuneration, as well as other macroeconomic and institutional factors;

| E. | whereas experience has shown that good practices or soft law measures alone rarely serve as incentives, and that the expected peer learning effect does not materialise; |
| --- | --- |

E.

whereas experience has shown that good practices or soft law measures alone rarely serve as incentives, and that the expected peer learning effect does not materialise;

| F. | whereas, according to the European Added Value Assessment conclusions, a one-percentage-point decrease in the gender pay gap will increase economic growth by 0,1 %, and closing the gender pay gap is of crucial importance in the current economic downturn; |
| --- | --- |

F.

whereas, according to the European Added Value Assessment conclusions, a one-percentage-point decrease in the gender pay gap will increase economic growth by 0,1 %, and closing the gender pay gap is of crucial importance in the current economic downturn;

| G. | whereas slow progress in closing the gender pay gap has significant demographic, social, legal and economic consequences; |
| --- | --- |

G.

whereas slow progress in closing the gender pay gap has significant demographic, social, legal and economic consequences;

| 1. | Regrets the slow rate of progress in narrowing the gender pay gap in the European Union; |
| --- | --- |

1.

Regrets the slow rate of progress in narrowing the gender pay gap in the European Union;

| 2. | Emphasises that reducing gender inequalities by closing the gender pay gap will bring benefits not only for women but also for society as a whole, and that closing the gender pay gap should not be seen as a cost but as an investment; |
| --- | --- |

2.

Emphasises that reducing gender inequalities by closing the gender pay gap will bring benefits not only for women but also for society as a whole, and that closing the gender pay gap should not be seen as a cost but as an investment;

| 3. | Reiterates that Directive 2006/54/EC, in its current form, is not sufficiently effective to tackle the gender pay gap and achieve the objective of gender equality in employment and occupation; |
| --- | --- |

3.

Reiterates that Directive 2006/54/EC, in its current form, is not sufficiently effective to tackle the gender pay gap and achieve the objective of gender equality in employment and occupation;

| 4. | Requests the Commission to support Member States in reducing the gender pay gap by at least five percentage points annually with the aim of eliminating the gender pay gap by 2020; |
| --- | --- |

4.

Requests the Commission to support Member States in reducing the gender pay gap by at least five percentage points annually with the aim of eliminating the gender pay gap by 2020;

| 5. | Recognises that a multi-level, multifaceted approach calls for the Commission to support Member States in promoting good practices and implementing policies to address the gender pay gap; |
| --- | --- |

5.

Recognises that a multi-level, multifaceted approach calls for the Commission to support Member States in promoting good practices and implementing policies to address the gender pay gap;

| 6. | Urges the Commission to revise Directive 2006/54/EC without delay and to propose amendments to it in accordance with Article 32 of the Directive and on the basis of Article 157 TFEU, following the detailed recommendations set out in the annex to the Parliament’s resolution of 24 May 2012; |
| --- | --- |

6.

Urges the Commission to revise Directive 2006/54/EC without delay and to propose amendments to it in accordance with Article 32 of the Directive and on the basis of Article 157 TFEU, following the detailed recommendations set out in the annex to the Parliament’s resolution of 24 May 2012;

| 7. | Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States. |
| --- | --- |

7.

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

---

(1)  OJ L 204, 26.7.2006, p. 23.

(2)  Texts adopted, P7_TA(2012)0225.

(3)  EAVA 4/2013.

(4)  http://ec.europa.eu/justice/gender-equality/files/documents/130530_pensions_en.pdf

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/112 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/112

---

P7_TA(2013)0376

EU cybersecurity strategy: an open, safe and secure cyberspace

European Parliament resolution of 12 September 2013 on a Cybersecurity Strategy of the European Union: An Open, Safe and Secure Cyberspace (2013/2606(RSP))

(2016/C 093/16)

The European Parliament,

| — | having regard to the Joint Communication of 7 February 2013 by the European Commission and the High Representative of the European Union for Foreign Affairs and Security Policy entitled ‘Cybersecurity Strategy for the European Union: An Open, Safe and Secure Cyberspace’ (JOIN(2013)0001), |
| --- | --- |

—

having regard to the Joint Communication of 7 February 2013 by the European Commission and the High Representative of the European Union for Foreign Affairs and Security Policy entitled ‘Cybersecurity Strategy for the European Union: An Open, Safe and Secure Cyberspace’ (JOIN(2013)0001),

| — | having regard to the Commission proposal of 7 February 2013 for a directive concerning measures to ensure a high common level of network and information security across the Union (COM(2013)0048), |
| --- | --- |

—

having regard to the Commission proposal of 7 February 2013 for a directive concerning measures to ensure a high common level of network and information security across the Union (COM(2013)0048),

| — | having regard to the Commission Communications of 19 May 2010 entitled ‘A Digital Agenda for Europe’ (COM(2010)0245) and of 18 December 2012 entitled ‘The Digital Agenda for Europe — Driving European growth digitally’ (COM(2012)0784), |
| --- | --- |

—

having regard to the Commission Communications of 19 May 2010 entitled ‘A Digital Agenda for Europe’ (COM(2010)0245) and of 18 December 2012 entitled ‘The Digital Agenda for Europe — Driving European growth digitally’ (COM(2012)0784),

| — | having regard to the Commission Communication of 27 September 2012 entitled ‘Unleashing the Potential of Cloud Computing in Europe’ (COM(2012)0529), |
| --- | --- |

—

having regard to the Commission Communication of 27 September 2012 entitled ‘Unleashing the Potential of Cloud Computing in Europe’ (COM(2012)0529),

| — | having regard to Commission Communication of 28 March 2012 entitled ‘Tackling crime in our digital age: Establishing a European Cybercrime Centre’ (COM(2012)0140) and to the Council Conclusions of 7 June 2012 thereon, |
| --- | --- |

—

having regard to Commission Communication of 28 March 2012 entitled ‘Tackling crime in our digital age: Establishing a European Cybercrime Centre’ (COM(2012)0140) and to the Council Conclusions of 7 June 2012 thereon,

| — | having regard to Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA (1), |
| --- | --- |

—

having regard to Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA (1),

| — | having regard to Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (2), |
| --- | --- |

—

having regard to Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (2),

| — | having regard to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (3), |
| --- | --- |

—

having regard to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (3),

| — | having regard to the Stockholm Programme (4) in the area of freedom, security and justice, the Commission communications entitled ‘Delivering an area of freedom, security and justice for Europe’s citizens — Action Plan Implementing the Stockholm Programme’ (COM(2010)0171) and ‘The EU Internal Security Strategy in Action: Five steps towards a more secure Europe’ (COM(2010)0673), and its resolution of 22 May 2012 on the European Union’s Internal Security Strategy (5), |
| --- | --- |

—

having regard to the Stockholm Programme (4) in the area of freedom, security and justice, the Commission communications entitled ‘Delivering an area of freedom, security and justice for Europe’s citizens — Action Plan Implementing the Stockholm Programme’ (COM(2010)0171) and ‘The EU Internal Security Strategy in Action: Five steps towards a more secure Europe’ (COM(2010)0673), and its resolution of 22 May 2012 on the European Union’s Internal Security Strategy (5),

| — | having regard to the Joint Proposal of the Commission and the High Representative for a Council Decision on the arrangements for the implementation by the Union of the Solidarity Clause (JOIN(2012)0039), |
| --- | --- |

—

having regard to the Joint Proposal of the Commission and the High Representative for a Council Decision on the arrangements for the implementation by the Union of the Solidarity Clause (JOIN(2012)0039),

| — | having regard to Council Framework Decision 2001/413/JHA of 28 May 2001 on combating fraud and counterfeiting of non-cash means of payment (6), |
| --- | --- |

—

having regard to Council Framework Decision 2001/413/JHA of 28 May 2001 on combating fraud and counterfeiting of non-cash means of payment (6),

| — | having regard to its resolution of 12 June 2012 on critical information infrastructure protection — achievements and next steps: towards global cyber-security (7) and to the Council conclusions of 27 May 2011 on the Commission communication entitled ‘Critical Information Infrastructure Protection — Achievements and next steps: towards global cyber-security’ (COM(2011)0163), |
| --- | --- |

—

having regard to its resolution of 12 June 2012 on critical information infrastructure protection — achievements and next steps: towards global cyber-security (7) and to the Council conclusions of 27 May 2011 on the Commission communication entitled ‘Critical Information Infrastructure Protection — Achievements and next steps: towards global cyber-security’ (COM(2011)0163),

| — | having regard to its resolution of 11 December 2012 on completing the digital single market (8), |
| --- | --- |

—

having regard to its resolution of 11 December 2012 on completing the digital single market (8),

| — | having regard to its resolution of 22 November 2012 on cyber security and defence (9), |
| --- | --- |

—

having regard to its resolution of 22 November 2012 on cyber security and defence (9),

| — | having regard to its position of 16 April 2013 at first reading on the proposal for a regulation of the European Parliament and of the Council concerning the European Network and Information Security Agency (ENISA) (COM(2010)0521) (10), |
| --- | --- |

—

having regard to its position of 16 April 2013 at first reading on the proposal for a regulation of the European Parliament and of the Council concerning the European Network and Information Security Agency (ENISA) (COM(2010)0521) (10),

| — | having regard to its resolution of 11 December 2012 on a digital freedom strategy in EU foreign policy (11), |
| --- | --- |

—

having regard to its resolution of 11 December 2012 on a digital freedom strategy in EU foreign policy (11),

| — | having regard to the Council of Europe Convention on Cybercrime of 23 November 2001, |
| --- | --- |

—

having regard to the Council of Europe Convention on Cybercrime of 23 November 2001,

| — | having regard to the Union’s international obligations, notably under the General Agreement on Trade in Services (GATS), |
| --- | --- |

—

having regard to the Union’s international obligations, notably under the General Agreement on Trade in Services (GATS),

| — | having regard to Article 16 of the Treaty on the Functioning of the European Union (TFEU) and to the Charter of Fundamental Rights of the European Union, in particular Articles 6, 8 and 11 thereof, |
| --- | --- |

—

having regard to Article 16 of the Treaty on the Functioning of the European Union (TFEU) and to the Charter of Fundamental Rights of the European Union, in particular Articles 6, 8 and 11 thereof,

| — | having regard to the ongoing negotiations on the Transatlantic Trade and Investment Partnership (TTIP) between the European Union and the United States of America, |
| --- | --- |

—

having regard to the ongoing negotiations on the Transatlantic Trade and Investment Partnership (TTIP) between the European Union and the United States of America,

| — | having regard to Rule 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) of its Rules of Procedure,

| A. | whereas growing cyber-challenges, in the form of increasingly sophisticated threats and attacks, constitute a major threat to the security, stability and economic prosperity of the Member States as well as of the private sector and the wider community; whereas the protection of our society and economy will therefore be a constantly evolving challenge; |
| --- | --- |

A.

whereas growing cyber-challenges, in the form of increasingly sophisticated threats and attacks, constitute a major threat to the security, stability and economic prosperity of the Member States as well as of the private sector and the wider community; whereas the protection of our society and economy will therefore be a constantly evolving challenge;

| B. | whereas cyberspace and cyber-safety should be one of the strategic pillars of the security and defence policies of the EU and of each Member State; whereas it is crucial to ensure that cyberspace remains open to the free flow of ideas and information and to free expression; |
| --- | --- |

B.

whereas cyberspace and cyber-safety should be one of the strategic pillars of the security and defence policies of the EU and of each Member State; whereas it is crucial to ensure that cyberspace remains open to the free flow of ideas and information and to free expression;

| C. | whereas e-commerce and online services are a vital force of the internet and are crucial to the aims of the Europe 2020 strategy, benefiting both citizens and the private sector; whereas the Union must fully realise the potential and opportunities that the internet presents in the further development of the single market, including the digital single market; |
| --- | --- |

C.

whereas e-commerce and online services are a vital force of the internet and are crucial to the aims of the Europe 2020 strategy, benefiting both citizens and the private sector; whereas the Union must fully realise the potential and opportunities that the internet presents in the further development of the single market, including the digital single market;

| D. | whereas the strategic priorities outlined in the Joint Communication on a cyber-security strategy for the European Union include achieving cyber-resilience, reducing cybercrime, developing a cyber-defence policy and cyber-capabilities related to the Common Security and Defence Policy (CSDP), and establishing a coherent international cyberspace policy for the EU; |
| --- | --- |

D.

whereas the strategic priorities outlined in the Joint Communication on a cyber-security strategy for the European Union include achieving cyber-resilience, reducing cybercrime, developing a cyber-defence policy and cyber-capabilities related to the Common Security and Defence Policy (CSDP), and establishing a coherent international cyberspace policy for the EU;

| E. | whereas network and information systems across the Union are highly interconnected; whereas, given the global nature of the internet, many network and information security incidents transcend national borders, and have the potential to undermine the functioning of the internal market and the confidence of consumers in the digital single market; |
| --- | --- |

E.

whereas network and information systems across the Union are highly interconnected; whereas, given the global nature of the internet, many network and information security incidents transcend national borders, and have the potential to undermine the functioning of the internal market and the confidence of consumers in the digital single market;

| F. | whereas cyber-security across the Union, as in the rest of the world, is only as strong as its weakest link, and disruptions in one sector or Member State have an impact on another sector or Member State, creating spill-over effects with implications for the Union economy as a whole; |
| --- | --- |

F.

whereas cyber-security across the Union, as in the rest of the world, is only as strong as its weakest link, and disruptions in one sector or Member State have an impact on another sector or Member State, creating spill-over effects with implications for the Union economy as a whole;

| G. | whereas, as of April 2013, only 13 Members States have officially adopted national cyber-security strategies; whereas fundamental differences remain between the Member States in terms of their preparedness, security, strategic culture and capacity to develop and implement national cyber-security strategies, and whereas an assessment should be made of these differences; |
| --- | --- |

G.

whereas, as of April 2013, only 13 Members States have officially adopted national cyber-security strategies; whereas fundamental differences remain between the Member States in terms of their preparedness, security, strategic culture and capacity to develop and implement national cyber-security strategies, and whereas an assessment should be made of these differences;

| H. | whereas different security cultures and the lack of a legal framework lead to fragmentation, and are of primary concern, in the digital single market; whereas the lack of a harmonised approach to cyber-security entails serious risks to economic prosperity and to the security of transactions, and whereas concerted efforts and closer cooperation are therefore required between governments, the private sector, and law enforcement and intelligence agencies; |
| --- | --- |

H.

whereas different security cultures and the lack of a legal framework lead to fragmentation, and are of primary concern, in the digital single market; whereas the lack of a harmonised approach to cyber-security entails serious risks to economic prosperity and to the security of transactions, and whereas concerted efforts and closer cooperation are therefore required between governments, the private sector, and law enforcement and intelligence agencies;

| I. | whereas cybercrime is an increasingly expensive international problem, currently costing — according to the United Nations Office on Drugs and Crime — the global economy almost EUR 295 billion each year; |
| --- | --- |

I.

whereas cybercrime is an increasingly expensive international problem, currently costing — according to the United Nations Office on Drugs and Crime — the global economy almost EUR 295 billion each year;

| J. | whereas international organised crime, taking advantage of technological advances, is continuing to shift its operational terrain into cyberspace, where cybercrime is radically altering the traditional structure of organised crime groups; whereas this has led to organised crime being less localised and more likely to exploit territoriality and differing national legal jurisdictions on a global level; |
| --- | --- |

J.

whereas international organised crime, taking advantage of technological advances, is continuing to shift its operational terrain into cyberspace, where cybercrime is radically altering the traditional structure of organised crime groups; whereas this has led to organised crime being less localised and more likely to exploit territoriality and differing national legal jurisdictions on a global level;

| K. | whereas the investigation of cybercrime by competent authorities is still hindered by several obstacles, among them the use, in cyberspace transactions, of ‘virtual currencies’ that can be used for money laundering, the issues of territoriality and jurisdictional boundaries, insufficient intelligence-sharing capabilities, a lack of trained staff, and inconsistent cooperation with other stakeholders; |
| --- | --- |

K.

whereas the investigation of cybercrime by competent authorities is still hindered by several obstacles, among them the use, in cyberspace transactions, of ‘virtual currencies’ that can be used for money laundering, the issues of territoriality and jurisdictional boundaries, insufficient intelligence-sharing capabilities, a lack of trained staff, and inconsistent cooperation with other stakeholders;

| L. | whereas technology is the foundation for the development of cyberspace, and continuous adaptation to technological changes is essential if the resilience and safety of EU cyberspace is to be improved; whereas measures must be taken to ensure that legislation keeps up to date with new technological developments, enabling the effective identification and prosecution of cyber-criminals and the protection of victims of cybercrime; whereas the Cybersecurity Strategy of the EU must include measures focused on awareness, education, the development of Computer Emergency and Response Teams (CERTs), the development of an internal market for cyber-security products and services, and the promotion of investment in research, development and innovation; |
| --- | --- |

L.

whereas technology is the foundation for the development of cyberspace, and continuous adaptation to technological changes is essential if the resilience and safety of EU cyberspace is to be improved; whereas measures must be taken to ensure that legislation keeps up to date with new technological developments, enabling the effective identification and prosecution of cyber-criminals and the protection of victims of cybercrime; whereas the Cybersecurity Strategy of the EU must include measures focused on awareness, education, the development of Computer Emergency and Response Teams (CERTs), the development of an internal market for cyber-security products and services, and the promotion of investment in research, development and innovation;

| 1. | Welcomes the Joint Communication for a cyber-security strategy of the European Union and the proposal for a directive concerning measures to ensure a high level of network and information security across the Union; |
| --- | --- |

1.

Welcomes the Joint Communication for a cyber-security strategy of the European Union and the proposal for a directive concerning measures to ensure a high level of network and information security across the Union;

| 2. | Stresses the paramount and increasing importance that the internet, and cyberspace, has for political, economic, and societal transactions, not only within the Union but also in in relation to other actors around the world; |
| --- | --- |

2.

Stresses the paramount and increasing importance that the internet, and cyberspace, has for political, economic, and societal transactions, not only within the Union but also in in relation to other actors around the world;

| 3. | Stresses that it is necessary to develop a strategic communication policy on EU cyber-security, cyber-crisis situations, strategy reviews, public-private collaboration and alerts, and recommendations to the public; |
| --- | --- |

3.

Stresses that it is necessary to develop a strategic communication policy on EU cyber-security, cyber-crisis situations, strategy reviews, public-private collaboration and alerts, and recommendations to the public;

| 4. | Recalls that a high level of network and information security is required not only in order to maintain services that are essential to the smooth functioning of society and the economy, but also to safeguard the physical integrity of citizens by enhancing the efficiency, effectiveness and secure functioning of critical infrastructures; stresses that, while the security of networks and information must be addressed, improving physical security is also an important issue; emphasises that infrastructure should be resilient to both intentional and unintentional disruptions; stresses that, in this respect, the cyber-security strategy should put greater emphasis on the common causes of unintentional system failures; |
| --- | --- |

4.

Recalls that a high level of network and information security is required not only in order to maintain services that are essential to the smooth functioning of society and the economy, but also to safeguard the physical integrity of citizens by enhancing the efficiency, effectiveness and secure functioning of critical infrastructures; stresses that, while the security of networks and information must be addressed, improving physical security is also an important issue; emphasises that infrastructure should be resilient to both intentional and unintentional disruptions; stresses that, in this respect, the cyber-security strategy should put greater emphasis on the common causes of unintentional system failures;

| 5. | Reiterates its call on the Member States to adopt national cyber-security strategies that cover technical, coordination, human resources and financial allocation aspects, and that include distinct rules on the benefits for and responsibilities of the private sector, in order to guarantee their participation, without undue delay, and to provide for comprehensive risk management procedures as well as to safeguard the regulatory environment; |
| --- | --- |

5.

Reiterates its call on the Member States to adopt national cyber-security strategies that cover technical, coordination, human resources and financial allocation aspects, and that include distinct rules on the benefits for and responsibilities of the private sector, in order to guarantee their participation, without undue delay, and to provide for comprehensive risk management procedures as well as to safeguard the regulatory environment;

| 6. | Notes that only combined leadership and political ownership on the part of the Union institutions and the Member States will permit a high level of network and information security across the Union, and thus contribute to the secure and smooth functioning of the single market; |
| --- | --- |

6.

Notes that only combined leadership and political ownership on the part of the Union institutions and the Member States will permit a high level of network and information security across the Union, and thus contribute to the secure and smooth functioning of the single market;

| 7. | Stresses that the Union’s cyber-security policy should provide a secure and reliable digital environment based on, and designed to guarantee, the protection and preservation of freedoms and respect for fundamental rights online, as laid down in the EU Charter and Article 16 TFEU, in particular the rights to privacy and data protection; believes that specific attention should be paid to the protection of children online; |
| --- | --- |

7.

Stresses that the Union’s cyber-security policy should provide a secure and reliable digital environment based on, and designed to guarantee, the protection and preservation of freedoms and respect for fundamental rights online, as laid down in the EU Charter and Article 16 TFEU, in particular the rights to privacy and data protection; believes that specific attention should be paid to the protection of children online;

| 8. | Calls on the Member States and the Commission to take all the action needed to come forward with training programmes aimed at promoting and improving awareness, skills and education among European citizens, in particular with regard to personal security, as a part of a digital literacy curriculum from an early age; welcomes the initiative to organise a European Cyber Security Month, with the support of ENISA and in cooperation with public authorities and the private sector, in order to raise awareness of the challenges involved in protecting network and information systems; |
| --- | --- |

8.

Calls on the Member States and the Commission to take all the action needed to come forward with training programmes aimed at promoting and improving awareness, skills and education among European citizens, in particular with regard to personal security, as a part of a digital literacy curriculum from an early age; welcomes the initiative to organise a European Cyber Security Month, with the support of ENISA and in cooperation with public authorities and the private sector, in order to raise awareness of the challenges involved in protecting network and information systems;

| 9. | Considers that education on cyber-security increases European society’s awareness of cyber-threats, thereby encouraging responsible use of cyberspace, and helps boost the supply pool of cyber-skills; recognises the key role of Europol and its new European Cybercrime Centre (EC3), and of ENISA and Eurojust, in providing training activities at EU level in the use of international judicial cooperation tools and law enforcement relating to different aspects of cybercrime; |
| --- | --- |

9.

Considers that education on cyber-security increases European society’s awareness of cyber-threats, thereby encouraging responsible use of cyberspace, and helps boost the supply pool of cyber-skills; recognises the key role of Europol and its new European Cybercrime Centre (EC3), and of ENISA and Eurojust, in providing training activities at EU level in the use of international judicial cooperation tools and law enforcement relating to different aspects of cybercrime;

| 10. | Reiterates the need to provide technical advice and legal information, as well as to establish programmes on the prevention and combating of cybercrime; encourages the training of cyber-engineers specialised in protecting critical infrastructure and information systems, as well as of operators of transport control systems and traffic management centres; underlines the dire need to introduce regular cyber-security training schemes for public sector staff at all levels; |
| --- | --- |

10.

Reiterates the need to provide technical advice and legal information, as well as to establish programmes on the prevention and combating of cybercrime; encourages the training of cyber-engineers specialised in protecting critical infrastructure and information systems, as well as of operators of transport control systems and traffic management centres; underlines the dire need to introduce regular cyber-security training schemes for public sector staff at all levels;

| 11. | Reiterates its call for caution in applying restrictions on the ability of citizens to make use of communication and information technology tools, and stresses that the Member States should aim never to endanger citizens’ rights and freedoms when developing responses to cyber threats and attacks, and should have adequate legislative means to distinguish between civilian- and military-level cyber-incidents; |
| --- | --- |

11.

Reiterates its call for caution in applying restrictions on the ability of citizens to make use of communication and information technology tools, and stresses that the Member States should aim never to endanger citizens’ rights and freedoms when developing responses to cyber threats and attacks, and should have adequate legislative means to distinguish between civilian- and military-level cyber-incidents;

| 12. | Considers that regulatory involvement in the cyber-security field should be risk-oriented, focused on critical infrastructure the proper functioning of which is of major public interest, and should build on the existing, market-based efforts of the industry to ensure network resilience; underlines the crucial role of cooperation at the operational level in fostering a more efficient exchange of cyber-threat information between public authorities and the private sector — at both Union and national level, as well as with strategic partners of the Union — with the aim of ensuring the security of networks and information, by generating mutual trust, value and commitment, and exchanging expertise; considers that public-private partnerships should be based on network and technological neutrality, and should focus on efforts to address problems that have high public impact; calls on the Commission to encourage all the market operators involved to be more vigilant, and more cooperative, in order to protect other operators from damage to their services; |
| --- | --- |

12.

Considers that regulatory involvement in the cyber-security field should be risk-oriented, focused on critical infrastructure the proper functioning of which is of major public interest, and should build on the existing, market-based efforts of the industry to ensure network resilience; underlines the crucial role of cooperation at the operational level in fostering a more efficient exchange of cyber-threat information between public authorities and the private sector — at both Union and national level, as well as with strategic partners of the Union — with the aim of ensuring the security of networks and information, by generating mutual trust, value and commitment, and exchanging expertise; considers that public-private partnerships should be based on network and technological neutrality, and should focus on efforts to address problems that have high public impact; calls on the Commission to encourage all the market operators involved to be more vigilant, and more cooperative, in order to protect other operators from damage to their services;

| 13. | Recognises that the detection and notification of cyber-security incidents is vital in promoting cyber-resilience in the Union; believes that proportionate and necessary disclosure requirements should be in place to allow for the notification of incidents involving significant security breaches to the competent national authorities and thereby enable improved monitoring of cybercrime incidents and facilitate efforts to raise awareness at all levels; |
| --- | --- |

13.

Recognises that the detection and notification of cyber-security incidents is vital in promoting cyber-resilience in the Union; believes that proportionate and necessary disclosure requirements should be in place to allow for the notification of incidents involving significant security breaches to the competent national authorities and thereby enable improved monitoring of cybercrime incidents and facilitate efforts to raise awareness at all levels;

| 14. | Encourages the Commission and other actors to introduce cyber-security and cyber-resilience policies that include economic incentives to promote high levels of cyber-security and cyber-resilience; |
| --- | --- |

14.

Encourages the Commission and other actors to introduce cyber-security and cyber-resilience policies that include economic incentives to promote high levels of cyber-security and cyber-resilience;

Cyber-resilience

| 15. | Notes that different sectors and Member States have different levels of capabilities and skills and that this hinders the development of trusted cooperation and undermines the functioning of the single market; |
| --- | --- |

15.

Notes that different sectors and Member States have different levels of capabilities and skills and that this hinders the development of trusted cooperation and undermines the functioning of the single market;

| 16. | Considers that requirements for small and medium-sized enterprises should follow a proportionate and risk-based approach; |
| --- | --- |

16.

Considers that requirements for small and medium-sized enterprises should follow a proportionate and risk-based approach;

| 17. | Insists on the development of cyber-resilience for critical infrastructures, and recalls that the forthcoming arrangements for the implementation of the Solidarity Clause (Article 222 TFEU) should take into consideration the risk of cyber-attack against a Member State; calls on the Commission and the High Representative to take this risk into account in their joint integrated threat and risk assessment reports to be issued as from 2015; |
| --- | --- |

17.

Insists on the development of cyber-resilience for critical infrastructures, and recalls that the forthcoming arrangements for the implementation of the Solidarity Clause (Article 222 TFEU) should take into consideration the risk of cyber-attack against a Member State; calls on the Commission and the High Representative to take this risk into account in their joint integrated threat and risk assessment reports to be issued as from 2015;

| 18. | Stresses that in order to guarantee the integrity, availability and confidentiality of critical services in particular, the identification and categorisation of critical infrastructure must be up to date, and the necessary minimum security requirements for their network and information systems must be set; |
| --- | --- |

18.

Stresses that in order to guarantee the integrity, availability and confidentiality of critical services in particular, the identification and categorisation of critical infrastructure must be up to date, and the necessary minimum security requirements for their network and information systems must be set;

| 19. | Recognises that the proposal for a directive concerning measures to ensure a high common level of network and information security across the Union foresees such minimum security requirements for providers of information society services and operators of critical infrastructures; |
| --- | --- |

19.

Recognises that the proposal for a directive concerning measures to ensure a high common level of network and information security across the Union foresees such minimum security requirements for providers of information society services and operators of critical infrastructures;

| 20. | Calls on the Member States and the Union to set in place adequate frameworks for rapid, two-way information exchange systems that will ensure anonymity for the private sector and keep the public sector constantly updated, and, where necessary, to provide assistance to the private sector; |
| --- | --- |

20.

Calls on the Member States and the Union to set in place adequate frameworks for rapid, two-way information exchange systems that will ensure anonymity for the private sector and keep the public sector constantly updated, and, where necessary, to provide assistance to the private sector;

| 21. | Welcomes the Commission’s notion to create a risk-management culture with regard to cyber-security, and urges the Member States and Union institutions rapidly to include cyber-crisis management in their crisis management plans and risk analyses; calls, furthermore, on Member State governments and on the Commission to encourage private sector actors to include cyber-crisis management in their management plans and risk analyses, and to train their staff in cyber-security; |
| --- | --- |

21.

Welcomes the Commission’s notion to create a risk-management culture with regard to cyber-security, and urges the Member States and Union institutions rapidly to include cyber-crisis management in their crisis management plans and risk analyses; calls, furthermore, on Member State governments and on the Commission to encourage private sector actors to include cyber-crisis management in their management plans and risk analyses, and to train their staff in cyber-security;

| 22. | Calls on all Member States and on the Union institutions to establish a network of well-functioning Computer Emergency and Response Teams (CERTs) operational on a 24/7 basis; points out that national CERTs should be part of an effective network in which relevant information is exchanged in keeping with requisite standards of trust and confidentiality; notes that umbrella initiatives bringing together CERTs and other relevant security bodies can serve as useful tools in the development of trust in a cross-border and cross-sector context; recognises the importance of efficient and effective cooperation between CERTs and law enforcement agencies in the fight against cybercrime; |
| --- | --- |

22.

Calls on all Member States and on the Union institutions to establish a network of well-functioning Computer Emergency and Response Teams (CERTs) operational on a 24/7 basis; points out that national CERTs should be part of an effective network in which relevant information is exchanged in keeping with requisite standards of trust and confidentiality; notes that umbrella initiatives bringing together CERTs and other relevant security bodies can serve as useful tools in the development of trust in a cross-border and cross-sector context; recognises the importance of efficient and effective cooperation between CERTs and law enforcement agencies in the fight against cybercrime;

| 23. | Supports ENISA in exercising its duties with regard to network and information security, in particular by providing guidance and by advising Member States, as well as by supporting the exchange of best practices and the development of an environment of trust; |
| --- | --- |

23.

Supports ENISA in exercising its duties with regard to network and information security, in particular by providing guidance and by advising Member States, as well as by supporting the exchange of best practices and the development of an environment of trust;

| 24. | Stresses the need for the industry to implement appropriate cyber-security performance requirements across the whole value chain for ICT products used in transport networks and information systems, to carry out appropriate risk management, to adopt security standards and solutions, and to develop best practices and information-sharing with a view to ensuring cyber-secure transportation systems; |
| --- | --- |

24.

Stresses the need for the industry to implement appropriate cyber-security performance requirements across the whole value chain for ICT products used in transport networks and information systems, to carry out appropriate risk management, to adopt security standards and solutions, and to develop best practices and information-sharing with a view to ensuring cyber-secure transportation systems;

Industrial and technological resources

| 25. | Is of the opinion that ensuring a high level of network and information security plays a central role in raising the competitiveness of both suppliers and users of security solutions in the Union; considers that while the IT security industry in the Union has important untapped potential, private, public and business users are often uninformed about the costs and benefits of investing in cyber-security and, thus, remain vulnerable to harmful cyber-threats; stresses that the implementation of CERTs is a relevant factor in this regard; |
| --- | --- |

25.

Is of the opinion that ensuring a high level of network and information security plays a central role in raising the competitiveness of both suppliers and users of security solutions in the Union; considers that while the IT security industry in the Union has important untapped potential, private, public and business users are often uninformed about the costs and benefits of investing in cyber-security and, thus, remain vulnerable to harmful cyber-threats; stresses that the implementation of CERTs is a relevant factor in this regard;

| 26. | Believes that a strong supply of, and demand for, cyber-security solutions requires adequate investment in academic resources, research and development (R&D), and knowledge- and capacity-building on the part of the national authorities involved in ICT matters, in order to foster innovations and create sufficient awareness about network and information security risks, leading towards a concerted European security industry; |
| --- | --- |

26.

Believes that a strong supply of, and demand for, cyber-security solutions requires adequate investment in academic resources, research and development (R&D), and knowledge- and capacity-building on the part of the national authorities involved in ICT matters, in order to foster innovations and create sufficient awareness about network and information security risks, leading towards a concerted European security industry;

| 27. | Calls on the Union institutions and the Member States to take the necessary measures to establish a ‘single market for cyber-security’ in which users and suppliers are able to make best use of the innovations, synergies and combined expertise on offer, and which enables the entry of SMEs; |
| --- | --- |

27.

Calls on the Union institutions and the Member States to take the necessary measures to establish a ‘single market for cyber-security’ in which users and suppliers are able to make best use of the innovations, synergies and combined expertise on offer, and which enables the entry of SMEs;

| 28. | Encourages the Member States to consider making joint investments in the European cyber-security industry, much in the same way as has been done in other industries, such as the aviation sector; |
| --- | --- |

28.

Encourages the Member States to consider making joint investments in the European cyber-security industry, much in the same way as has been done in other industries, such as the aviation sector;

Cybercrime

| 29. | Considers that criminal activities in cyberspace can be as harmful to the well-being of societies as offences in the physical world, and that these forms of crime often reinforce one other, as can be observed, for example, in the sexual exploitation of children and in organised crime and money laundering; |
| --- | --- |

29.

Considers that criminal activities in cyberspace can be as harmful to the well-being of societies as offences in the physical world, and that these forms of crime often reinforce one other, as can be observed, for example, in the sexual exploitation of children and in organised crime and money laundering;

| 30. | Notes that there is in some cases a link between legitimate and illicit business activities; stresses the importance of the link, facilitated by the internet, between the funding of terrorism and serious organised crime; stresses that the public must be made aware of the seriousness of becoming involved in cybercrime, and of the possibility that what at first sight may seem to be a ‘socially acceptable’ crime — such as the illegal downloading of films — often generates large sums of money for international crime syndicates; |
| --- | --- |

30.

Notes that there is in some cases a link between legitimate and illicit business activities; stresses the importance of the link, facilitated by the internet, between the funding of terrorism and serious organised crime; stresses that the public must be made aware of the seriousness of becoming involved in cybercrime, and of the possibility that what at first sight may seem to be a ‘socially acceptable’ crime — such as the illegal downloading of films — often generates large sums of money for international crime syndicates;

| 31. | Agrees with the Commission that the same norms and principles that apply offline also apply online and, therefore, that the fight against cybercrime needs to be stepped up with up-to-date legislation and operational capabilities; |
| --- | --- |

31.

Agrees with the Commission that the same norms and principles that apply offline also apply online and, therefore, that the fight against cybercrime needs to be stepped up with up-to-date legislation and operational capabilities;

| 32. | Takes the view that, given the borderless nature of cybercrime, joint efforts made, and expertise offered, at Union level, above the level of the individual Member States, are particularly important, and that Eurojust, Europol’s EC3, CERTs, and universities and research centres must therefore be provided with adequate resources and capabilities to function properly as hubs for expertise, cooperation and information-sharing; |
| --- | --- |

32.

Takes the view that, given the borderless nature of cybercrime, joint efforts made, and expertise offered, at Union level, above the level of the individual Member States, are particularly important, and that Eurojust, Europol’s EC3, CERTs, and universities and research centres must therefore be provided with adequate resources and capabilities to function properly as hubs for expertise, cooperation and information-sharing;

| 33. | Strongly welcomes the establishment of the EC3, and encourages the future development of this agency and of its vital role in coordinating timely and efficient cross-border exchange of information and expertise in support of efforts to prevent, detect and investigate cybercrime; |
| --- | --- |

33.

Strongly welcomes the establishment of the EC3, and encourages the future development of this agency and of its vital role in coordinating timely and efficient cross-border exchange of information and expertise in support of efforts to prevent, detect and investigate cybercrime;

| 34. | Calls on the Member States to ensure that citizens can easily access information on cyber-threats and how to fight them; believes that such guidance should include information on how users can protect their privacy on the internet, how to detect and report cases of grooming, how to install software and firewalls, how to manage passwords and how to detect false identification (phishing), luring (pharming) and other attacks; |
| --- | --- |

34.

Calls on the Member States to ensure that citizens can easily access information on cyber-threats and how to fight them; believes that such guidance should include information on how users can protect their privacy on the internet, how to detect and report cases of grooming, how to install software and firewalls, how to manage passwords and how to detect false identification (phishing), luring (pharming) and other attacks;

| 35. | Insists that the Member States that have not yet ratified the Council of Europe’s Budapest Convention on Cybercrime should do so without undue delay; welcomes the reflections of the Council of Europe on the need to update the Convention in light of technological developments to ensure its continuing efficacy in addressing cybercrime, and calls on the Commission and the Member States to participate in this debate; encourages efforts to promote the ratification of the Convention among other countries, and calls on the Commission to promote it in an active manner outside the Union; |
| --- | --- |

35.

Insists that the Member States that have not yet ratified the Council of Europe’s Budapest Convention on Cybercrime should do so without undue delay; welcomes the reflections of the Council of Europe on the need to update the Convention in light of technological developments to ensure its continuing efficacy in addressing cybercrime, and calls on the Commission and the Member States to participate in this debate; encourages efforts to promote the ratification of the Convention among other countries, and calls on the Commission to promote it in an active manner outside the Union;

Cyber-defence

| 36. | Stresses that cyber-challenges, -threats and -attacks put Member States’ defence and national security interests at risk, and that civilian and military approaches to the task of protecting critical infrastructure should maximise the benefit to both through efforts to achieve synergies; |
| --- | --- |

36.

Stresses that cyber-challenges, -threats and -attacks put Member States’ defence and national security interests at risk, and that civilian and military approaches to the task of protecting critical infrastructure should maximise the benefit to both through efforts to achieve synergies;

| 37. | Calls, therefore, on the Member States to intensify their cooperation with the European Defence Agency (EDA) with a view to developing proposals and initiatives for cyber-defence capabilities, building on recent initiatives and projects; underlines the need to increase R&D, including by pooling and sharing resources; |
| --- | --- |

37.

Calls, therefore, on the Member States to intensify their cooperation with the European Defence Agency (EDA) with a view to developing proposals and initiatives for cyber-defence capabilities, building on recent initiatives and projects; underlines the need to increase R&D, including by pooling and sharing resources;

| 38. | Reiterates that a comprehensive EU cyber-security strategy should take into account the added value of existing agencies and bodies, as well as the good practices gleaned from those Member States that have already introduced national cyber-security strategies of their own; |
| --- | --- |

38.

Reiterates that a comprehensive EU cyber-security strategy should take into account the added value of existing agencies and bodies, as well as the good practices gleaned from those Member States that have already introduced national cyber-security strategies of their own;

| 39. | Calls on the VP/HR to include cyber-crisis management in crisis management planning, and stresses the need for the Member States, in cooperation with the EDA, to develop plans to protect CSDP missions and operations against cyber-attacks; calls on them to pool together a European cyber-defence force; |
| --- | --- |

39.

Calls on the VP/HR to include cyber-crisis management in crisis management planning, and stresses the need for the Member States, in cooperation with the EDA, to develop plans to protect CSDP missions and operations against cyber-attacks; calls on them to pool together a European cyber-defence force;

| 40. | Underlines the good practical cooperation with NATO in the field of cyber-security, and the need to step up this cooperation, in particular through closer coordination in the areas of planning, technology, training and equipment; |
| --- | --- |

40.

Underlines the good practical cooperation with NATO in the field of cyber-security, and the need to step up this cooperation, in particular through closer coordination in the areas of planning, technology, training and equipment;

| 41. | Calls for efforts on the part of the Union to enter into an exchange with international partners, including NATO, identify areas of cooperation, avoid duplication and complement activities, wherever possible; |
| --- | --- |

41.

Calls for efforts on the part of the Union to enter into an exchange with international partners, including NATO, identify areas of cooperation, avoid duplication and complement activities, wherever possible;

International policy

| 42. | Believes that international cooperation and dialogue play an essential role in creating trust and transparency, and in promoting a high level of networking and information exchange at global level; calls, therefore, on the Commission and the European External Action Service to set up a cyber-diplomacy team, whose responsibilities would include the promotion of dialogue with like-minded countries and organisations; calls for more active participation on the part of the EU in the wide range of international high-level conferences on cyber-security; |
| --- | --- |

42.

Believes that international cooperation and dialogue play an essential role in creating trust and transparency, and in promoting a high level of networking and information exchange at global level; calls, therefore, on the Commission and the European External Action Service to set up a cyber-diplomacy team, whose responsibilities would include the promotion of dialogue with like-minded countries and organisations; calls for more active participation on the part of the EU in the wide range of international high-level conferences on cyber-security;

| 43. | Considers that a balance needs to be struck between the competing goals of cross-border transfers of data, data protection and cyber-security, in line with the Union’s international obligations, notably under the GATS; |
| --- | --- |

43.

Considers that a balance needs to be struck between the competing goals of cross-border transfers of data, data protection and cyber-security, in line with the Union’s international obligations, notably under the GATS;

| 44. | Calls on the VP/HR to mainstream the cyber-security dimension into the EU’s external actions, especially in relation to third countries, in order to intensify cooperation, and the exchange of experiences and information, on how to deal with cyber-security; |
| --- | --- |

44.

Calls on the VP/HR to mainstream the cyber-security dimension into the EU’s external actions, especially in relation to third countries, in order to intensify cooperation, and the exchange of experiences and information, on how to deal with cyber-security;

| 45. | Calls for efforts by the Union to enter into an exchange with international partners with a view to identifying areas of cooperation, avoiding duplication and complementing activities, where possible; calls on the VP/HR and the Commission to be proactive in international organisations and to coordinate the positions of the Member States on how to promote solutions and policies in the cyber-field in an effective way; |
| --- | --- |

45.

Calls for efforts by the Union to enter into an exchange with international partners with a view to identifying areas of cooperation, avoiding duplication and complementing activities, where possible; calls on the VP/HR and the Commission to be proactive in international organisations and to coordinate the positions of the Member States on how to promote solutions and policies in the cyber-field in an effective way;

| 46. | Is of the opinion that efforts should be made to ensure that existing international legal instruments, in particular the Council of Europe’s Convention on Cybercrime, are enforced in cyber-space; considers, therefore, that there is no need at present for the creation of new legal instruments at international level; welcomes, however, international cooperation to develop norms of behaviour for cyberspace, supporting the rule of law in cyberspace; considers that the updating of existing legal instruments to reflect advancements in technology should be considered; holds the view that jurisdictional issues require a thorough discussion on the subject of judicial cooperation and prosecution in transnational criminal cases; |
| --- | --- |

46.

Is of the opinion that efforts should be made to ensure that existing international legal instruments, in particular the Council of Europe’s Convention on Cybercrime, are enforced in cyber-space; considers, therefore, that there is no need at present for the creation of new legal instruments at international level; welcomes, however, international cooperation to develop norms of behaviour for cyberspace, supporting the rule of law in cyberspace; considers that the updating of existing legal instruments to reflect advancements in technology should be considered; holds the view that jurisdictional issues require a thorough discussion on the subject of judicial cooperation and prosecution in transnational criminal cases;

| 47. | Considers that, in particular, the EU-US Working Group on Cybersecurity and Cybercrime should serve as an instrument for the EU and the US to exchange, wherever appropriate, best practices on cyber-security policies; notes, in this context, that areas linked to cyber-security, such as services depending on the secure functioning of network and information systems, will be included in the upcoming negotiations of the Transatlantic Trade and Investment Partnership (TTIP), to be concluded in a manner that safeguards the EU’s sovereignty and the independence of its institutions; |
| --- | --- |

47.

Considers that, in particular, the EU-US Working Group on Cybersecurity and Cybercrime should serve as an instrument for the EU and the US to exchange, wherever appropriate, best practices on cyber-security policies; notes, in this context, that areas linked to cyber-security, such as services depending on the secure functioning of network and information systems, will be included in the upcoming negotiations of the Transatlantic Trade and Investment Partnership (TTIP), to be concluded in a manner that safeguards the EU’s sovereignty and the independence of its institutions;

| 48. | Notes that cyber-security skills, and the capacity to prevent, detect, and effectively counter threats and malicious attacks, are not evenly developed around the globe; emphasises that efforts to increase cyber-resilience and fight cyber-threats must not be confined to like-minded partners, but should also address regions with less developed capacities, technical infrastructure and legal frameworks; believes that coordination of CERTs is crucial in this matter; calls on the Commission to facilitate — and, if necessary, assist in — efforts on the part of third countries to build cyber-security capabilities of their own, using appropriate means; |
| --- | --- |

48.

Notes that cyber-security skills, and the capacity to prevent, detect, and effectively counter threats and malicious attacks, are not evenly developed around the globe; emphasises that efforts to increase cyber-resilience and fight cyber-threats must not be confined to like-minded partners, but should also address regions with less developed capacities, technical infrastructure and legal frameworks; believes that coordination of CERTs is crucial in this matter; calls on the Commission to facilitate — and, if necessary, assist in — efforts on the part of third countries to build cyber-security capabilities of their own, using appropriate means;

Implementation

| 49. | Calls for regular evaluations of the effectiveness of national cyber-security strategies at the highest political level, with a view to ensuring the adaptation to new global threats and to guaranteeing the same level of cyber-security in different Member States; |
| --- | --- |

49.

Calls for regular evaluations of the effectiveness of national cyber-security strategies at the highest political level, with a view to ensuring the adaptation to new global threats and to guaranteeing the same level of cyber-security in different Member States;

| 50. | Asks the Commission to draw up a clear roadmap determining the timelines for the objectives to be delivered at Union level under the cyber-security strategy, and for the assessments thereof; invites the Member States to agree on a similar delivery plan for national activities under this strategy; |
| --- | --- |

50.

Asks the Commission to draw up a clear roadmap determining the timelines for the objectives to be delivered at Union level under the cyber-security strategy, and for the assessments thereof; invites the Member States to agree on a similar delivery plan for national activities under this strategy;

| 51. | Asks for regular reports — from the Commission, the Member States, Europol and the newly established EC3, Eurojust and ENISA — assessing the progress made on the objectives set out in the cyber-security strategy, including key performance indicators measuring the progress of implementation; |
| --- | --- |

51.

Asks for regular reports — from the Commission, the Member States, Europol and the newly established EC3, Eurojust and ENISA — assessing the progress made on the objectives set out in the cyber-security strategy, including key performance indicators measuring the progress of implementation;

o

o o

| 52. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, Europol, Eurojust and the Council of Europe. |
| --- | --- |

52.

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

---

(1)  OJ L 218, 14.8.2013, p. 8.

(2)  OJ L 345, 23.12.2008, p. 75.

(3)  OJ L 335, 17.12.2011, p. 1.

(4)  OJ C 115, 4.5.2010, p. 1.

(5)  Texts adopted, P7_TA(2012)0207.

(6)  OJ L 149, 2.6.2001, p. 1.

(7)  Texts adopted, P7_TA(2012)0237.

(8)  Texts adopted, P7_TA(2012)0468.

(9)  Texts adopted, P7_TA(2012)0457.

(10)  Texts adopted, P7_TA(2013)0103.

(11)  Texts adopted, P7_TA(2012)0470.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/120 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/120

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P7_TA(2013)0377

Digital agenda for growth, mobility and employment

European Parliament resolution of 12 September 2013 on the Digital Agenda for Growth, Mobility and Employment: time to move up a gear (2013/2593(RSP))

(2016/C 093/17)

The European Parliament,

| — | having regard to the Commission Communication of 18 December 2012 entitled ‘The Digital Agenda for Europe — Driving European growth digitally’ (COM(2012)0784), |
| --- | --- |

—

having regard to the Commission Communication of 18 December 2012 entitled ‘The Digital Agenda for Europe — Driving European growth digitally’ (COM(2012)0784),

| — | having regard to the questions to the Commission and to the Council on ‘the Digital Agenda for Growth, Mobility and Employment: time to move up a gear’ (O-000085 — B7-0219/2013 and O-000086 — B7-0220/2013), |
| --- | --- |

—

having regard to the questions to the Commission and to the Council on ‘the Digital Agenda for Growth, Mobility and Employment: time to move up a gear’ (O-000085 — B7-0219/2013 and O-000086 — B7-0220/2013),

| — | having regard to Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union (1), |
| --- | --- |

—

having regard to Regulation (EU) No 531/2012 of the European Parliament and of the Council of 13 June 2012 on roaming on public mobile communications networks within the Union (1),

| — | having regard to Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (2), |
| --- | --- |

—

having regard to Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (2),

| — | having regard to the ongoing negotiations on the Connecting Europe Facility and in particular to the amended proposal for a regulation of the European Parliament and of the Council on guidelines for trans-European telecommunications networks and repealing Decision No 1336/97/EC (COM(2013)0329), |
| --- | --- |

—

having regard to the ongoing negotiations on the Connecting Europe Facility and in particular to the amended proposal for a regulation of the European Parliament and of the Council on guidelines for trans-European telecommunications networks and repealing Decision No 1336/97/EC (COM(2013)0329),

| — | having regard to its resolution of 5 May 2010 on ‘a new Digital Agenda for Europe: 2015.eu’ (3), |
| --- | --- |

—

having regard to its resolution of 5 May 2010 on ‘a new Digital Agenda for Europe: 2015.eu’ (3),

| — | having regard to the Commission Communication of 27 September 2012 entitled ‘Unleashing the potential of cloud computing in Europe’ (COM(2012)0529), |
| --- | --- |

—

having regard to the Commission Communication of 27 September 2012 entitled ‘Unleashing the potential of cloud computing in Europe’ (COM(2012)0529),

| — | having regard to the proposal of 25 January 2012 for a regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (COM(2012)0011), |
| --- | --- |

—

having regard to the proposal of 25 January 2012 for a regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (COM(2012)0011),

| — | having regard to the proposal of 19 October 2011 for a regulation of the European Parliament and of the Council establishing the Connecting Europe Facility (COM(2011)0665), |
| --- | --- |

—

having regard to the proposal of 19 October 2011 for a regulation of the European Parliament and of the Council establishing the Connecting Europe Facility (COM(2011)0665),

| — | having regard to the Commission Communication of 19 May 2010 entitled ‘A Digital Agenda for Europe’ (COM(2010)0245), |
| --- | --- |

—

having regard to the Commission Communication of 19 May 2010 entitled ‘A Digital Agenda for Europe’ (COM(2010)0245),

| — | having regard to the Commission Communication of 3 March 2010 entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020), |
| --- | --- |

—

having regard to the Commission Communication of 3 March 2010 entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

| — | having regard to Rules 115(5) and 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

| A. | whereas the European Council is planning to adopt conclusions on the Digital Agenda for Europe at its meeting on 24 and 25 October 2013; |
| --- | --- |

A.

whereas the European Council is planning to adopt conclusions on the Digital Agenda for Europe at its meeting on 24 and 25 October 2013;

| B. | whereas the primary aim of the digital strategy for Europe adopted in 2010 must be to reduce the inequalities between Member States, particularly with regard to access to fixed and mobile fast and ultra-fast broadband infrastructure; |
| --- | --- |

B.

whereas the primary aim of the digital strategy for Europe adopted in 2010 must be to reduce the inequalities between Member States, particularly with regard to access to fixed and mobile fast and ultra-fast broadband infrastructure;

| C. | whereas information and communication technologies (ICTs) are at the core of the digital society and today account for approximately 20 % of the EU’s annual productivity growth and 4,5 % of its GDP, and generate 25 % of private investment in R&D in the EU, potentially constituting an extraordinary contributor to growth and employment; |
| --- | --- |

C.

whereas information and communication technologies (ICTs) are at the core of the digital society and today account for approximately 20 % of the EU’s annual productivity growth and 4,5 % of its GDP, and generate 25 % of private investment in R&D in the EU, potentially constituting an extraordinary contributor to growth and employment;

| D. | whereas tapping the potential of the digital economy in the EU would have a high multiplier effect on the economy, leading to increased growth and more jobs; whereas unlocking this potential is therefore one of the most important reforms for growth and competitiveness with a view to helping the EU to exit the current crisis; |
| --- | --- |

D.

whereas tapping the potential of the digital economy in the EU would have a high multiplier effect on the economy, leading to increased growth and more jobs; whereas unlocking this potential is therefore one of the most important reforms for growth and competitiveness with a view to helping the EU to exit the current crisis;

| E. | whereas it is estimated that 50 billion devices will be connected to the internet by 2020 and global data traffic is expected to grow 15-fold by the end of 2017; whereas this exponential growth in broadband traffic will require ambitious policies at Union and Member State level to increase the capacity of both fixed and mobile networks, if the EU is to achieve more growth, competitiveness and productivity; |
| --- | --- |

E.

whereas it is estimated that 50 billion devices will be connected to the internet by 2020 and global data traffic is expected to grow 15-fold by the end of 2017; whereas this exponential growth in broadband traffic will require ambitious policies at Union and Member State level to increase the capacity of both fixed and mobile networks, if the EU is to achieve more growth, competitiveness and productivity;

| F. | whereas the current digital agenda targets have been outrun by the speed of developments on other continents and are therefore not ambitious enough to ensure that the EU will be a global telecoms leader by 2020; |
| --- | --- |

F.

whereas the current digital agenda targets have been outrun by the speed of developments on other continents and are therefore not ambitious enough to ensure that the EU will be a global telecoms leader by 2020;

| G. | whereas Parliament and the Council are still awaiting proposals from the Commission on net neutrality and universal service; |
| --- | --- |

G.

whereas Parliament and the Council are still awaiting proposals from the Commission on net neutrality and universal service;

| 1. | Stresses that the digital agenda and the completion of a digital single market must stand at the heart of the EU’s efforts to generate growth and exit from the crisis; believes that political leadership is required at both EU and national level to address existing barriers to the digital single market in order to create jobs and growth in the EU; recalls that the digital economy is growing at seven times the rate of the rest of the economy and notes that the completion of the digital single market could give it a boost of EUR 110 billion per year; |
| --- | --- |

1.

Stresses that the digital agenda and the completion of a digital single market must stand at the heart of the EU’s efforts to generate growth and exit from the crisis; believes that political leadership is required at both EU and national level to address existing barriers to the digital single market in order to create jobs and growth in the EU; recalls that the digital economy is growing at seven times the rate of the rest of the economy and notes that the completion of the digital single market could give it a boost of EUR 110 billion per year;

| 2. | Points out that the EU faces multiple, simultaneous pressures on GDP growth at a time when the scope to stimulate growth from public funds is limited by high debt and deficit levels, and calls on the EU institutions and the Member States to mobilise every possible growth lever; notes that ICTs are essential transformative technologies in all sectors of the economy, with special relevance in areas such as healthcare, energy, public services and education; |
| --- | --- |

2.

Points out that the EU faces multiple, simultaneous pressures on GDP growth at a time when the scope to stimulate growth from public funds is limited by high debt and deficit levels, and calls on the EU institutions and the Member States to mobilise every possible growth lever; notes that ICTs are essential transformative technologies in all sectors of the economy, with special relevance in areas such as healthcare, energy, public services and education;

A roaming-free Europe in 2015

| 3. | Regrets the fact that the telecoms market is still fragmented into national markets with artificial borders and cannot be considered as a single economic market in which competition is encouraged; |
| --- | --- |

3.

Regrets the fact that the telecoms market is still fragmented into national markets with artificial borders and cannot be considered as a single economic market in which competition is encouraged;

| 4. | Stresses that industry analysts have indicated that in many cases roaming accounts for about 10 % of EU operator revenues, and notes that the latest analyses by the Body of European Regulators for Electronic Communications have shown that, on average, industry and consumers pay double the price for roaming calls that operators have to pay in the wholesale market; |
| --- | --- |

4.

Stresses that industry analysts have indicated that in many cases roaming accounts for about 10 % of EU operator revenues, and notes that the latest analyses by the Body of European Regulators for Electronic Communications have shown that, on average, industry and consumers pay double the price for roaming calls that operators have to pay in the wholesale market;

| 5. | Regrets the fact that these unbalanced profit margins on roaming increase the costs of mobility within the EU; points out that this is hampering growth and prosperity, since mobility is one of the most important factors for EU growth; |
| --- | --- |

5.

Regrets the fact that these unbalanced profit margins on roaming increase the costs of mobility within the EU; points out that this is hampering growth and prosperity, since mobility is one of the most important factors for EU growth;

| 6. | Stresses that abolishing roaming charges is crucial to stimulating innovation by creating a larger home market for innovative products and services; |
| --- | --- |

6.

Stresses that abolishing roaming charges is crucial to stimulating innovation by creating a larger home market for innovative products and services;

| 7. | Believes that a single telecoms market currently does not exist, inter alia because of the significant differences between domestic and roaming prices; believes, therefore, that structural measures should help to create a genuine internal digital market in which competition is encouraged and there is no differentiation between national and roaming tariffs, thus establishing a pan-EU mobile communications market; |
| --- | --- |

7.

Believes that a single telecoms market currently does not exist, inter alia because of the significant differences between domestic and roaming prices; believes, therefore, that structural measures should help to create a genuine internal digital market in which competition is encouraged and there is no differentiation between national and roaming tariffs, thus establishing a pan-EU mobile communications market;

| 8. | Reminds the Council and the Commission that according to the Digital Agenda for Europe the difference between roaming and national tariffs should be close to zero by 2015, and that the objective of Regulation (EU) No 531/2012 is to achieve an internal market for mobile communication services and ultimately for there to be no differentiation between national and roaming tariffs; |
| --- | --- |

8.

Reminds the Council and the Commission that according to the Digital Agenda for Europe the difference between roaming and national tariffs should be close to zero by 2015, and that the objective of Regulation (EU) No 531/2012 is to achieve an internal market for mobile communication services and ultimately for there to be no differentiation between national and roaming tariffs;

| 9. | Believes that the measures completing the digital single market should therefore result in the gap between roaming and national tariffs being closed by 2015, which will lead to a roaming-free EU (for calls, text messages and data); |
| --- | --- |

9.

Believes that the measures completing the digital single market should therefore result in the gap between roaming and national tariffs being closed by 2015, which will lead to a roaming-free EU (for calls, text messages and data);

| 10. | Recalls that new offers by telecom operators should be user-friendly and transparent, thereby avoiding the creation of new hidden barriers in the telecom sector; |
| --- | --- |

10.

Recalls that new offers by telecom operators should be user-friendly and transparent, thereby avoiding the creation of new hidden barriers in the telecom sector;

| 11. | Recalls that the Commission is due to review the functioning of Regulation (EU) No 531/2012 and to evaluate the competitiveness of the roaming market, the extent to which consumers have benefited from real reductions in the price of roaming services, and the difference between roaming and national tariffs, including the availability of offers providing a single tariff for national and roaming services; |
| --- | --- |

11.

Recalls that the Commission is due to review the functioning of Regulation (EU) No 531/2012 and to evaluate the competitiveness of the roaming market, the extent to which consumers have benefited from real reductions in the price of roaming services, and the difference between roaming and national tariffs, including the availability of offers providing a single tariff for national and roaming services;

| 12. | Notes that a genuine digital single market will not be created merely by eliminating roaming charges; emphasises that this measure must be seen as part of a comprehensive European digital strategy geared particularly to infrastructure development and accessibility, so as to promote job retention and creation in this sector; |
| --- | --- |

12.

Notes that a genuine digital single market will not be created merely by eliminating roaming charges; emphasises that this measure must be seen as part of a comprehensive European digital strategy geared particularly to infrastructure development and accessibility, so as to promote job retention and creation in this sector;

| 13. | Welcomes the Commission’s announcement that it will propose a legislative package to tackle the remaining obstacles to the functioning of the EU’s digital single market; calls on the Commission to conduct an impact assessment of the growth potential for the telecoms sector through the creation of a digital single market in the EU; |
| --- | --- |

13.

Welcomes the Commission’s announcement that it will propose a legislative package to tackle the remaining obstacles to the functioning of the EU’s digital single market; calls on the Commission to conduct an impact assessment of the growth potential for the telecoms sector through the creation of a digital single market in the EU;

Infrastructure and mobility

| 14. | Highlights the need for the broadband uptake and access, e-commerce, digital inclusion, cross-border public services and research and innovation targets set in the Digital Agenda for Europe to remain an overreaching priority in order for the EU to reap the full benefits of the digital society; |
| --- | --- |

14.

Highlights the need for the broadband uptake and access, e-commerce, digital inclusion, cross-border public services and research and innovation targets set in the Digital Agenda for Europe to remain an overreaching priority in order for the EU to reap the full benefits of the digital society;

| 15. | Recalls that, parallel to the need to remove barriers to the EU digital single market, it is an absolute priority for the EU to invest in optimal, very fast internet broadband infrastructure in order to tap the full potential of the digital economy; |
| --- | --- |

15.

Recalls that, parallel to the need to remove barriers to the EU digital single market, it is an absolute priority for the EU to invest in optimal, very fast internet broadband infrastructure in order to tap the full potential of the digital economy;

| 16. | Stresses that if the EU is to be home to the digital revolution and regain its global leadership, we need ambitious, forward-looking targets for 2020; believes that a revised forward-looking digital agenda target for 2020 should be to connect all EU households with broadband connections delivering 100 megabits/second, with 50 % of households subscribing to 1 gigabit/second or more; takes note that the Committee on Industry, Research and Energy has already indicated its support for such ambitious targets in its report on guidelines for trans-European telecommunications networks and the repeal of Decision No 1336/97/EC; |
| --- | --- |

16.

Stresses that if the EU is to be home to the digital revolution and regain its global leadership, we need ambitious, forward-looking targets for 2020; believes that a revised forward-looking digital agenda target for 2020 should be to connect all EU households with broadband connections delivering 100 megabits/second, with 50 % of households subscribing to 1 gigabit/second or more; takes note that the Committee on Industry, Research and Energy has already indicated its support for such ambitious targets in its report on guidelines for trans-European telecommunications networks and the repeal of Decision No 1336/97/EC;

| 17. | Deeply regrets the fact that many Member States have failed to meet the deadline of 1 January 2013 for allocating the ‘digital dividend’ in the 800 MHz band to mobile broadband services, as stipulated in the radio spectrum policy programme; stresses that this delay has hampered the rollout of 4G networks in the EU and therefore calls on the Member States to take the necessary steps to ensure that the 800 MHz band becomes available for mobile broadband services, and on the Commission to use its full powers to ensure swift implementation; |
| --- | --- |

17.

Deeply regrets the fact that many Member States have failed to meet the deadline of 1 January 2013 for allocating the ‘digital dividend’ in the 800 MHz band to mobile broadband services, as stipulated in the radio spectrum policy programme; stresses that this delay has hampered the rollout of 4G networks in the EU and therefore calls on the Member States to take the necessary steps to ensure that the 800 MHz band becomes available for mobile broadband services, and on the Commission to use its full powers to ensure swift implementation;

| 18. | Notes that broadband provision is expected to fall far short of the targets set in the Digital Agenda; is convinced, therefore, that without greater levels of investment in future networks the EU will become even less competitive globally; considers that the Commission, in the context of the Single Market Act, should also present a broad review of the legal framework for the telecoms market in order to drive forward investment in fixed and mobile networks; |
| --- | --- |

18.

Notes that broadband provision is expected to fall far short of the targets set in the Digital Agenda; is convinced, therefore, that without greater levels of investment in future networks the EU will become even less competitive globally; considers that the Commission, in the context of the Single Market Act, should also present a broad review of the legal framework for the telecoms market in order to drive forward investment in fixed and mobile networks;

| 19. | Considers that the role of competition in spurring investment in new digital infrastructure to promote economic growth should not be undermined; believes that it is crucial for the Commission to guarantee a regulatory framework which allows all market players to invest in innovative digital infrastructure; considers that, to this end, new rules on setting efficient access prices for Next Generation Access (NGA) networks should reflect the underlying competitive process in each Member State by respecting the prerogatives of national regulatory authorities (NRAs); believes that, to this end, NRAs should be working to pursue common objectives, e.g. those of the Digital Agenda, drawing on their better knowledge of, and specific expertise regarding, their respective national markets; |
| --- | --- |

19.

Considers that the role of competition in spurring investment in new digital infrastructure to promote economic growth should not be undermined; believes that it is crucial for the Commission to guarantee a regulatory framework which allows all market players to invest in innovative digital infrastructure; considers that, to this end, new rules on setting efficient access prices for Next Generation Access (NGA) networks should reflect the underlying competitive process in each Member State by respecting the prerogatives of national regulatory authorities (NRAs); believes that, to this end, NRAs should be working to pursue common objectives, e.g. those of the Digital Agenda, drawing on their better knowledge of, and specific expertise regarding, their respective national markets;

| 20. | Calls on the Commission to put forward proposals for a fundamental revision of the regulatory framework for electronic communications; |
| --- | --- |

20.

Calls on the Commission to put forward proposals for a fundamental revision of the regulatory framework for electronic communications;

| 21. | Highlights the importance of completing key actions announced in the Digital Agenda for Europe, with particular emphasis on resilient, trustworthy infrastructure and services, and on the data protection regime; |
| --- | --- |

21.

Highlights the importance of completing key actions announced in the Digital Agenda for Europe, with particular emphasis on resilient, trustworthy infrastructure and services, and on the data protection regime;

| 22. | Reminds the Commission to carry out an evaluation and revision of the Information Society Directive (2001/29/EC (4)) to ensure predictability, mobility and flexibility in the EU digital single market, as called for in the European Parliament’s resolution of 11 December 2012 on a digital freedom strategy in EU foreign policy (5); |
| --- | --- |

22.

Reminds the Commission to carry out an evaluation and revision of the Information Society Directive (2001/29/EC (4)) to ensure predictability, mobility and flexibility in the EU digital single market, as called for in the European Parliament’s resolution of 11 December 2012 on a digital freedom strategy in EU foreign policy (5);

ICTs for youth employment

| 23. | Stresses that achieving a fully operational digital single market requires a coordinated effort to ensure that all citizens, regardless of their location, have access to the internet and the necessary skills to use it; |
| --- | --- |

23.

Stresses that achieving a fully operational digital single market requires a coordinated effort to ensure that all citizens, regardless of their location, have access to the internet and the necessary skills to use it;

| 24. | Welcomes the launch in March 2013 of the Grand Coalition for Digital Jobs, open to all stakeholders; calls on the Commission to make the Grand Coalition operational as a matter of urgency, to replicate this initiative at Member State level and to give participants preferential access to Union funds to support their actions; |
| --- | --- |

24.

Welcomes the launch in March 2013 of the Grand Coalition for Digital Jobs, open to all stakeholders; calls on the Commission to make the Grand Coalition operational as a matter of urgency, to replicate this initiative at Member State level and to give participants preferential access to Union funds to support their actions;

| 25. | Stresses that unemployment, including youth and long-term unemployment, has reached unacceptably high levels in the EU, which are likely to remain high in the near future, and that determined, urgent action is needed at all political levels; |
| --- | --- |

25.

Stresses that unemployment, including youth and long-term unemployment, has reached unacceptably high levels in the EU, which are likely to remain high in the near future, and that determined, urgent action is needed at all political levels;

| 26. | Notes that there are currently more than 4 million ICT workers in the EU, a figure that is growing by 3 % annually, and that by 2015, according to the Commission, 700 000 to 1 million high-quality ICT jobs will not be filled, despite the crisis; stresses that e-skills and digital education can consequently be of extraordinary importance in tackling rising unemployment, especially among young people; |
| --- | --- |

26.

Notes that there are currently more than 4 million ICT workers in the EU, a figure that is growing by 3 % annually, and that by 2015, according to the Commission, 700 000 to 1 million high-quality ICT jobs will not be filled, despite the crisis; stresses that e-skills and digital education can consequently be of extraordinary importance in tackling rising unemployment, especially among young people;

| 27. | Welcomes the adoption at Union level of the ‘Youth Guarantee’ schemes in order to ensure that all young Europeans receive a good-quality job offer, further education or training, an apprenticeship or a traineeship within four months of leaving school or becoming unemployed; notes, however, that the sum of EUR 6 billion earmarked for the Youth Employment Initiative in the next multiannual financial framework (MFF) is clearly insufficient to address the scale of the problem; calls on the Commission and the Member States to maximise the effectiveness of such action by prioritising the acquisition of digital skills; stresses that digital skills should be an indispensable component of professional training, so as to ensure that both new generations and those currently in the workplace are able to acquire the skills they need; |
| --- | --- |

27.

Welcomes the adoption at Union level of the ‘Youth Guarantee’ schemes in order to ensure that all young Europeans receive a good-quality job offer, further education or training, an apprenticeship or a traineeship within four months of leaving school or becoming unemployed; notes, however, that the sum of EUR 6 billion earmarked for the Youth Employment Initiative in the next multiannual financial framework (MFF) is clearly insufficient to address the scale of the problem; calls on the Commission and the Member States to maximise the effectiveness of such action by prioritising the acquisition of digital skills; stresses that digital skills should be an indispensable component of professional training, so as to ensure that both new generations and those currently in the workplace are able to acquire the skills they need;

ICTs for SMEs

| 28. | Recalls that the internet’s role as a platform enabling any citizen to launch a service or innovative product aimed at any other citizen, thereby creating jobs and SMEs, in addition to its role as a platform for social communication, is a core principle of the digital single market; |
| --- | --- |

28.

Recalls that the internet’s role as a platform enabling any citizen to launch a service or innovative product aimed at any other citizen, thereby creating jobs and SMEs, in addition to its role as a platform for social communication, is a core principle of the digital single market;

| 29. | Stresses that SMEs are the heart of the EU economy and that more action is needed to promote the global competitiveness of EU SMEs and establish the best possible environment for the uptake of promising new technological developments with a high impact on the EU’s competitiveness, such as cloud computing; |
| --- | --- |

29.

Stresses that SMEs are the heart of the EU economy and that more action is needed to promote the global competitiveness of EU SMEs and establish the best possible environment for the uptake of promising new technological developments with a high impact on the EU’s competitiveness, such as cloud computing;

| 30. | Notes that as an alternative career option to regular employment, more Europeans, especially young people, are now choosing to become entrepreneurs, driven by the unprecedented opportunities created by the web, the cloud, mobile platforms, social networks and the enormous data flows; calls on the Commission and the Member States to deploy a more business-friendly environment with easier access to finance (‘licence to fail’), markets, networks and skills, which must be encouraged through risk-sharing schemes, venture capital, favourable fiscal treatment and networking events; |
| --- | --- |

30.

Notes that as an alternative career option to regular employment, more Europeans, especially young people, are now choosing to become entrepreneurs, driven by the unprecedented opportunities created by the web, the cloud, mobile platforms, social networks and the enormous data flows; calls on the Commission and the Member States to deploy a more business-friendly environment with easier access to finance (‘licence to fail’), markets, networks and skills, which must be encouraged through risk-sharing schemes, venture capital, favourable fiscal treatment and networking events;

Digitalisation of the public sector

| 31. | Stresses that the digitalisation of the public sector should be at the forefront of the next steps in the Digital Agenda, given that, in addition to the cost reductions for public administrations and the provision of more efficient services to citizens, the digital leverage effect in all sectors of the economy would be extremely beneficial; |
| --- | --- |

31.

Stresses that the digitalisation of the public sector should be at the forefront of the next steps in the Digital Agenda, given that, in addition to the cost reductions for public administrations and the provision of more efficient services to citizens, the digital leverage effect in all sectors of the economy would be extremely beneficial;

| 32. | Considers it regrettable that national cloud computing strategies are being pursued at the expense of an ambitious and effective European strategy; calls on the Commission to strengthen its proposals and identify resources that will be sufficiently effective to put the EU in a leading position in terms of standardisation; |
| --- | --- |

32.

Considers it regrettable that national cloud computing strategies are being pursued at the expense of an ambitious and effective European strategy; calls on the Commission to strengthen its proposals and identify resources that will be sufficiently effective to put the EU in a leading position in terms of standardisation;

| 33. | Emphasises that a modern public administration is an essential factor underpinning the design and delivery of policies promoting jobs, growth and competitiveness; stresses that the potential of ICTs should be exploited in order to achieve a better-performing, more efficient public sector while reducing administrative burden; notes that ICTs can spur reform of the tax collection and healthcare systems, reduce delays in payments to suppliers and improve the efficiency of judicial systems; considers, in particular, that healthcare provision stands to be revolutionised, delivering more cost-efficient and personalised services to patients and professionals; |
| --- | --- |

33.

Emphasises that a modern public administration is an essential factor underpinning the design and delivery of policies promoting jobs, growth and competitiveness; stresses that the potential of ICTs should be exploited in order to achieve a better-performing, more efficient public sector while reducing administrative burden; notes that ICTs can spur reform of the tax collection and healthcare systems, reduce delays in payments to suppliers and improve the efficiency of judicial systems; considers, in particular, that healthcare provision stands to be revolutionised, delivering more cost-efficient and personalised services to patients and professionals;

| 34. | Calls on the Commission and the Member States to speed up the work of the European Cloud Partnership; |
| --- | --- |

34.

Calls on the Commission and the Member States to speed up the work of the European Cloud Partnership;

Financing ICTs: the MFF

| 35. | Regrets the fact that the sum of EUR 9,2 billion proposed by the Commission for ICT investment through the Connecting Europe Facility (CEF) for the 2014-2020 period will be drastically reduced; stresses that, owing to the new financial circumstances, investments in broadband networks under the Structural Funds and the European Agricultural Fund for Rural Development are more important than ever and should be increased for the 2007-2013 programming period; |
| --- | --- |

35.

Regrets the fact that the sum of EUR 9,2 billion proposed by the Commission for ICT investment through the Connecting Europe Facility (CEF) for the 2014-2020 period will be drastically reduced; stresses that, owing to the new financial circumstances, investments in broadband networks under the Structural Funds and the European Agricultural Fund for Rural Development are more important than ever and should be increased for the 2007-2013 programming period;

| 36. | Stresses that greater targeting of EU funding for ICT investment is needed and that the funding for ICT in the next MFF should be commensurate with the weight and economic impact of this sector; calls for the share of ICT-related expenditure in the overall MFF to be given higher priority compared with the 2007-2013 period; |
| --- | --- |

36.

Stresses that greater targeting of EU funding for ICT investment is needed and that the funding for ICT in the next MFF should be commensurate with the weight and economic impact of this sector; calls for the share of ICT-related expenditure in the overall MFF to be given higher priority compared with the 2007-2013 period;

o

o o

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

37.

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

---

(1)  OJ L 172, 30.6.2012, p. 10.

(2)  OJ L 81, 21.3.2012, p. 7.

(3)  OJ C 81 E, 15.3.2011, p. 45.

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

(5)  Texts adopted, P7_TA(2012)0470.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/125 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/125

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P7_TA(2013)0378

Situation in Syria

European Parliament resolution of 12 September 2013 on the situation in Syria (2013/2819(RSP))

(2016/C 093/18)

The European Parliament,

| — | having regard to its previous resolutions on Syria, |
| --- | --- |

—

having regard to its previous resolutions on Syria,

| — | having regard to the Foreign Affairs Council conclusions on Syria of 23 January, 18 February, 11 March, 22 April, 27 May, 24 June, 9 July and 22 July 2013; having regard to the European Council conclusions on Syria of 8 February 2013, |
| --- | --- |

—

having regard to the Foreign Affairs Council conclusions on Syria of 23 January, 18 February, 11 March, 22 April, 27 May, 24 June, 9 July and 22 July 2013; having regard to the European Council conclusions on Syria of 8 February 2013,

| — | having regard to the statements by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), Catherine Ashton, of 21 August 2013 on the latest reports of the use of chemical weapons in Damascus, of 23 August 2013 on the high urgency of a political solution to the Syrian conflict (reflecting the agreed position of the EU on Syria of 7 September 2013), and of 10 September 2013 on the proposal to place Syria’s chemical weapons under international control; |
| --- | --- |

—

having regard to the statements by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), Catherine Ashton, of 21 August 2013 on the latest reports of the use of chemical weapons in Damascus, of 23 August 2013 on the high urgency of a political solution to the Syrian conflict (reflecting the agreed position of the EU on Syria of 7 September 2013), and of 10 September 2013 on the proposal to place Syria’s chemical weapons under international control;

| — | having regard to the Geneva Conventions of 1949 and the additional protocols thereto, the Geneva Protocol (to the Hague Convention) for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, signed in Geneva on 17 June 1925, and the standards set forth in the Chemical Weapons Convention, |
| --- | --- |

—

having regard to the Geneva Conventions of 1949 and the additional protocols thereto, the Geneva Protocol (to the Hague Convention) for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, signed in Geneva on 17 June 1925, and the standards set forth in the Chemical Weapons Convention,

| — | having regard to Rule 110(2) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) and (4) of its Rules of Procedure,

| A. | whereas, according to the United Nations, since the start of the violent crackdown on peaceful protesters in Syria in March 2011, more than 100 000 people, most of them civilians, have been killed; whereas according to the UN Office for the Coordination of Humanitarian Affairs (OCHA), 4,25 million people are internally displaced and there are more than 2 million Syrian refugees, mainly in Turkey, Jordan, Lebanon, Egypt and Iraq; |
| --- | --- |

A.

whereas, according to the United Nations, since the start of the violent crackdown on peaceful protesters in Syria in March 2011, more than 100 000 people, most of them civilians, have been killed; whereas according to the UN Office for the Coordination of Humanitarian Affairs (OCHA), 4,25 million people are internally displaced and there are more than 2 million Syrian refugees, mainly in Turkey, Jordan, Lebanon, Egypt and Iraq;

| B. | whereas on 21 August 2013 a large-scale chemical attack was perpetrated on the outskirts of Damascus, killing hundreds of people, including many women and children; whereas that attack constituted a blatant violation of international law, a war crime and a crime against humanity; whereas information from a wide variety of sources confirms the existence of such an attack and seems to constitute strong evidence that the Syrian regime is responsible for these attacks; |
| --- | --- |

B.

whereas on 21 August 2013 a large-scale chemical attack was perpetrated on the outskirts of Damascus, killing hundreds of people, including many women and children; whereas that attack constituted a blatant violation of international law, a war crime and a crime against humanity; whereas information from a wide variety of sources confirms the existence of such an attack and seems to constitute strong evidence that the Syrian regime is responsible for these attacks;

| C. | whereas the Government of Syria agreed on 25 August 2013, four days after the chemical attack, that UN inspectors could visit the site; whereas UN Secretary-General Ban Ki-moon urged the inspection team to deliver its findings as soon as possible; whereas the mandate of the UN inspection mission is limited to determining whether or not chemical weapons were used, without addressing the question of who was responsible for this action; |
| --- | --- |

C.

whereas the Government of Syria agreed on 25 August 2013, four days after the chemical attack, that UN inspectors could visit the site; whereas UN Secretary-General Ban Ki-moon urged the inspection team to deliver its findings as soon as possible; whereas the mandate of the UN inspection mission is limited to determining whether or not chemical weapons were used, without addressing the question of who was responsible for this action;

| D. | whereas on 9 September 2013 UN Secretary-General Ban Ki-moon, and on 10 September 2013 VP/HR Catherine Ashton, welcomed the proposal for the transfer of the chemical weapons of the Syrian regime to the international community for destruction, a proposal readily taken on board by Russia, Iran and the Syrian regime; whereas Mr Ban Ki-moon said he was considering urging the Security Council to demand the immediate transfer of these weapons and chemical precursor stocks to places inside Syria where they can be safely stored and destroyed; |
| --- | --- |

D.

whereas on 9 September 2013 UN Secretary-General Ban Ki-moon, and on 10 September 2013 VP/HR Catherine Ashton, welcomed the proposal for the transfer of the chemical weapons of the Syrian regime to the international community for destruction, a proposal readily taken on board by Russia, Iran and the Syrian regime; whereas Mr Ban Ki-moon said he was considering urging the Security Council to demand the immediate transfer of these weapons and chemical precursor stocks to places inside Syria where they can be safely stored and destroyed;

| 1. | Strongly condemns the mass killing of civilians with chemical weapons on 21 August 2013, which, according to Western intelligence, resulted in the deaths of at least 1 400 people, including 400 children, while noting that different sources seem to indicate that the Syrian regime is responsible for this attack; |
| --- | --- |

1.

Strongly condemns the mass killing of civilians with chemical weapons on 21 August 2013, which, according to Western intelligence, resulted in the deaths of at least 1 400 people, including 400 children, while noting that different sources seem to indicate that the Syrian regime is responsible for this attack;

| 2. | Points out that in the face of this appalling use of chemical weapons, the international community cannot remain idle; stresses that the proven use of chemical weapons, particularly against civilians, is a flagrant breach of international law, a war crime and a crime against humanity, which requires a clear, strong, targeted and united response, not excluding eventual deterrent measures, in order to make it clear that such crimes are unacceptable and to avoid any further use of chemical weapons in Syria or elsewhere; |
| --- | --- |

2.

Points out that in the face of this appalling use of chemical weapons, the international community cannot remain idle; stresses that the proven use of chemical weapons, particularly against civilians, is a flagrant breach of international law, a war crime and a crime against humanity, which requires a clear, strong, targeted and united response, not excluding eventual deterrent measures, in order to make it clear that such crimes are unacceptable and to avoid any further use of chemical weapons in Syria or elsewhere;

| 3. | Welcomes the position agreed by the EU on Syria at the informal meeting of EU foreign ministers of 7 September 2013; stresses that the situation in Syria warrants a coherent common approach by the Member States; calls on the EU and its Member States to discuss further the situation in Syria in the framework of the Foreign Affairs Council and to assess what measures the EU could adopt to support the democratic forces in the Syrian opposition, facilitate dialogue and a common approach with other members of the international community and provide further humanitarian assistance to the population in Syria and in neighbouring countries; emphasises that the EU should pay particular care to reaching out to all relevant actors and promoting a region-wide de-escalation process; |
| --- | --- |

3.

Welcomes the position agreed by the EU on Syria at the informal meeting of EU foreign ministers of 7 September 2013; stresses that the situation in Syria warrants a coherent common approach by the Member States; calls on the EU and its Member States to discuss further the situation in Syria in the framework of the Foreign Affairs Council and to assess what measures the EU could adopt to support the democratic forces in the Syrian opposition, facilitate dialogue and a common approach with other members of the international community and provide further humanitarian assistance to the population in Syria and in neighbouring countries; emphasises that the EU should pay particular care to reaching out to all relevant actors and promoting a region-wide de-escalation process;

| 4. | Calls on the UN to quickly complete its thorough investigation into the use of chemical weapons in Syria; calls for the report of the inspection team to be sent as soon as possible to the Security Council so that it can discuss the mass killing in Syria on the basis of the conclusions reached by the UN investigation team and assess the measures which need to be adopted as a consequence in order to respond to the use of chemical weapons in Syria and hold those responsible to account; |
| --- | --- |

4.

Calls on the UN to quickly complete its thorough investigation into the use of chemical weapons in Syria; calls for the report of the inspection team to be sent as soon as possible to the Security Council so that it can discuss the mass killing in Syria on the basis of the conclusions reached by the UN investigation team and assess the measures which need to be adopted as a consequence in order to respond to the use of chemical weapons in Syria and hold those responsible to account;

| 5. | Welcomes the proposal that Syria’s chemical weapons arsenal should be placed at the disposal of the international community with a view to having it destroyed as soon as possible, following the ultimatum from the international community, accompanied by a binding resolution of the United Nations Security Council, that in the event of failure to comply, this measure might be imposed on the basis of all the instruments provided for in the United Nations Charter; |
| --- | --- |

5.

Welcomes the proposal that Syria’s chemical weapons arsenal should be placed at the disposal of the international community with a view to having it destroyed as soon as possible, following the ultimatum from the international community, accompanied by a binding resolution of the United Nations Security Council, that in the event of failure to comply, this measure might be imposed on the basis of all the instruments provided for in the United Nations Charter;

| 6. | Believes that the international community should bring about a political solution for Syria which can stop the violence, prevent further use of chemical weapons and promote a democratic transition; calls, in particular, on Russia and China, as permanent members of the Security Council, to face their responsibilities and to facilitate the achievement of a common position and a diplomatic solution to the Syrian crisis, without excluding a role for the UN General Assembly whereby it could take up this matter in the event of a persistent blockage in the Security Council; is convinced that a lasting solution to the current crisis in Syria can only be achieved through a Syrian-led, inclusive political process with the backing of the international community; continues to support, in this spirit, the efforts of the EU and its Member States and of UN-Arab League Joint Special Representative Lakhdar Brahimi to achieve progress in the Geneva II process and in the Security Council; reiterates its calls for the Security Council to refer the situation in Syria to the International Criminal Court for a formal investigation; reiterates its call for President Assad and his regime to step aside and pave the way for a democratic transition; |
| --- | --- |

6.

Believes that the international community should bring about a political solution for Syria which can stop the violence, prevent further use of chemical weapons and promote a democratic transition; calls, in particular, on Russia and China, as permanent members of the Security Council, to face their responsibilities and to facilitate the achievement of a common position and a diplomatic solution to the Syrian crisis, without excluding a role for the UN General Assembly whereby it could take up this matter in the event of a persistent blockage in the Security Council; is convinced that a lasting solution to the current crisis in Syria can only be achieved through a Syrian-led, inclusive political process with the backing of the international community; continues to support, in this spirit, the efforts of the EU and its Member States and of UN-Arab League Joint Special Representative Lakhdar Brahimi to achieve progress in the Geneva II process and in the Security Council; reiterates its calls for the Security Council to refer the situation in Syria to the International Criminal Court for a formal investigation; reiterates its call for President Assad and his regime to step aside and pave the way for a democratic transition;

| 7. | Expresses grave concern at the ongoing humanitarian crisis in Syria and the implications for neighbouring countries; urges the EU and its Member States to live up to their humanitarian responsibilities and to increase their assistance to Syrian refugees; reiterates its call for all countries to fulfil the pledges they made at the Kuwait donor conference of 30 January 2013; calls on all parties involved in the conflict to facilitate the provision of humanitarian aid and assistance through all possible channels, including across borders and conflict lines, and to ensure the safety of all medical personnel and humanitarian workers; |
| --- | --- |

7.

Expresses grave concern at the ongoing humanitarian crisis in Syria and the implications for neighbouring countries; urges the EU and its Member States to live up to their humanitarian responsibilities and to increase their assistance to Syrian refugees; reiterates its call for all countries to fulfil the pledges they made at the Kuwait donor conference of 30 January 2013; calls on all parties involved in the conflict to facilitate the provision of humanitarian aid and assistance through all possible channels, including across borders and conflict lines, and to ensure the safety of all medical personnel and humanitarian workers;

| 8. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the parliaments and governments of the Member States, the Secretary-General of the United Nations and all the parties involved in the conflict in Syria. |
| --- | --- |

8.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the parliaments and governments of the Member States, the Secretary-General of the United Nations and all the parties involved in the conflict in Syria.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/127 |
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9.3.2016

EN

Official Journal of the European Union

C 93/127

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P7_TA(2013)0379

Situation in Egypt

European Parliament resolution of 12 September 2013 on the situation in Egypt (2013/2820(RSP))

(2016/C 093/19)

The European Parliament,

| — | having regard to its previous resolutions on Egypt, |
| --- | --- |

—

having regard to its previous resolutions on Egypt,

| — | having regard to its resolution of 23 May 2013 on asset recovery to Arab Spring countries in transition (1), |
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—

having regard to its resolution of 23 May 2013 on asset recovery to Arab Spring countries in transition (1),

| — | having regard to the European Council conclusions on the Arab Spring of 8 February 2013, |
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—

having regard to the European Council conclusions on the Arab Spring of 8 February 2013,

| — | having regard to the Council conclusions of 21 August and 22 July 2013 on Egypt, |
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—

having regard to the Council conclusions of 21 August and 22 July 2013 on Egypt,

| — | having regard to the joint statement of 18 August 2013 on Egypt by the President of the European Council, Herman Van Rompuy, and the President of the Commission, José Manuel Barroso, |
| --- | --- |

—

having regard to the joint statement of 18 August 2013 on Egypt by the President of the European Council, Herman Van Rompuy, and the President of the Commission, José Manuel Barroso,

| — | having regard to the remarks by High Representative Catherine Ashton following the extraordinary meeting of the Foreign Affairs Council on Egypt of 21 August 2013, the statements of the High Representative on the situation and developments in Egypt of August and July 2013, and the joint statement of 7 August 2013 on Egypt by the High Representative and the US Secretary of State, John Kerry, |
| --- | --- |

—

having regard to the remarks by High Representative Catherine Ashton following the extraordinary meeting of the Foreign Affairs Council on Egypt of 21 August 2013, the statements of the High Representative on the situation and developments in Egypt of August and July 2013, and the joint statement of 7 August 2013 on Egypt by the High Representative and the US Secretary of State, John Kerry,

| — | having regard to the EU-Egypt Association Agreement of 2001, which entered into force in 2004, strengthened by the Action Plan of 2007, and to the Commission’s progress report on its implementation of 20 March 2013, |
| --- | --- |

—

having regard to the EU-Egypt Association Agreement of 2001, which entered into force in 2004, strengthened by the Action Plan of 2007, and to the Commission’s progress report on its implementation of 20 March 2013,

| — | having regard to the Co-Chairs’ conclusions of the EU-Egypt Task Force meeting of 14 November 2012, |
| --- | --- |

—

having regard to the Co-Chairs’ conclusions of the EU-Egypt Task Force meeting of 14 November 2012,

| — | having regard to the report of the European Court of Auditors on ‘EU cooperation with Egypt in the field of governance’, published on 18 June 2013, |
| --- | --- |

—

having regard to the report of the European Court of Auditors on ‘EU cooperation with Egypt in the field of governance’, published on 18 June 2013,

| — | having regard to the Universal Declaration of Human Rights of 1948, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights of 1948,

| — | having regard to the International Covenant on Civil and Political Rights of 1966, to which Egypt is a party, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights of 1966, to which Egypt is a party,

| — | having regard to the Constitutional Declaration issued in Egypt on 8 July 2013, proposing a roadmap for constitutional amendments and new elections, |
| --- | --- |

—

having regard to the Constitutional Declaration issued in Egypt on 8 July 2013, proposing a roadmap for constitutional amendments and new elections,

| — | having regard to the ‘Programme to Sustain the Path to Democracy’ of the Egyptian interim government, |
| --- | --- |

—

having regard to the ‘Programme to Sustain the Path to Democracy’ of the Egyptian interim government,

| — | having regard to Rule 110(2) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) and (4) of its Rules of Procedure,

| A. | whereas Egypt is the largest Arab country, a pivotal country in the southern Mediterranean, an important trade partner of the EU and a major recipient of EU aid; whereas political, economic and social developments in Egypt have significant implications in the whole region and beyond; |
| --- | --- |

A.

whereas Egypt is the largest Arab country, a pivotal country in the southern Mediterranean, an important trade partner of the EU and a major recipient of EU aid; whereas political, economic and social developments in Egypt have significant implications in the whole region and beyond;

| B. | whereas the failure of President Morsi and his government to deliver on economic promises, to take into account the legitimate concerns of all democratic forces of Egyptian society and to implement the democratic transition called for by the population for the last two years led to increasing political polarisation, mass demonstrations calling on President Morsi to resign and violent clashes; |
| --- | --- |

B.

whereas the failure of President Morsi and his government to deliver on economic promises, to take into account the legitimate concerns of all democratic forces of Egyptian society and to implement the democratic transition called for by the population for the last two years led to increasing political polarisation, mass demonstrations calling on President Morsi to resign and violent clashes;

| C. | whereas on 30 June 2013 millions of President Morsi’s opponents massed in Cairo and in other Egyptian cities calling on him to step down; whereas, following these demonstrations, on 3 July 2013, the head of the armed forces, General Abdul Fattah al-Sisi, led a military takeover which deposed President Morsi and his government; whereas in its statement of 4 July 2013 the Supreme Council of the Armed Forces announced the suspension of the Constitution, the transfer of power to the head of the High Constitutional Court until early presidential elections were held, to be followed by parliamentary elections, and the forming of a national coalition government and a committee to look into amendments to the Constitution; whereas Mr Adly Mansour was sworn in as interim President; |
| --- | --- |

C.

whereas on 30 June 2013 millions of President Morsi’s opponents massed in Cairo and in other Egyptian cities calling on him to step down; whereas, following these demonstrations, on 3 July 2013, the head of the armed forces, General Abdul Fattah al-Sisi, led a military takeover which deposed President Morsi and his government; whereas in its statement of 4 July 2013 the Supreme Council of the Armed Forces announced the suspension of the Constitution, the transfer of power to the head of the High Constitutional Court until early presidential elections were held, to be followed by parliamentary elections, and the forming of a national coalition government and a committee to look into amendments to the Constitution; whereas Mr Adly Mansour was sworn in as interim President;

| D. | whereas the interim President dissolved the upper house of Parliament, announced a roadmap over a nine-month transition period, during which the 2012 Constitution would be amended and adopted by referendum, followed by parliamentary and presidential elections, and appointed an acting Prime Minister; whereas Egypt’s highest Islamic and Christian Coptic authorities, prominent liberal politicians, and the Salafist Nour party endorsed the transition roadmap; whereas a new constitutional committee composed of 50 experts was appointed on 1 September 2013 to draft constitutional amendments; |
| --- | --- |

D.

whereas the interim President dissolved the upper house of Parliament, announced a roadmap over a nine-month transition period, during which the 2012 Constitution would be amended and adopted by referendum, followed by parliamentary and presidential elections, and appointed an acting Prime Minister; whereas Egypt’s highest Islamic and Christian Coptic authorities, prominent liberal politicians, and the Salafist Nour party endorsed the transition roadmap; whereas a new constitutional committee composed of 50 experts was appointed on 1 September 2013 to draft constitutional amendments;

| E. | whereas former President Morsi has been detained since 3 July 2013 in an unknown place and has been referred for trial by the country’s state prosecutor, together with 14 other persons including leading figures of the Muslim Brotherhood, on charges of incitement to murder and violence; whereas many members of the Muslim Brotherhood have been arrested, including most of its leaders awaiting trial; whereas the former dictator Hosni Mubarak was released from prison on 22 August 2013 and has been under house arrest since; |
| --- | --- |

E.

whereas former President Morsi has been detained since 3 July 2013 in an unknown place and has been referred for trial by the country’s state prosecutor, together with 14 other persons including leading figures of the Muslim Brotherhood, on charges of incitement to murder and violence; whereas many members of the Muslim Brotherhood have been arrested, including most of its leaders awaiting trial; whereas the former dictator Hosni Mubarak was released from prison on 22 August 2013 and has been under house arrest since;

| F. | whereas, since the military intervention, supporters of the Muslim Brotherhood have organised large-scale demonstrations throughout Egypt, demanding the release and reinstatement of former President Morsi; whereas many of the Muslim Brotherhood-organised protests have turned violent and led to deadly clashes between citizens, as well as between Muslim Brotherhood supporters and the army and security forces; whereas, on 14 August 2013, the Egyptian army and police cleared two sit-ins of supporters of former President Morsi and the Muslim Brotherhood at the Rabaa intersection and Nahda Square in Cairo, which led to the deaths of hundreds of demonstrators along with dozens of policemen; |
| --- | --- |

F.

whereas, since the military intervention, supporters of the Muslim Brotherhood have organised large-scale demonstrations throughout Egypt, demanding the release and reinstatement of former President Morsi; whereas many of the Muslim Brotherhood-organised protests have turned violent and led to deadly clashes between citizens, as well as between Muslim Brotherhood supporters and the army and security forces; whereas, on 14 August 2013, the Egyptian army and police cleared two sit-ins of supporters of former President Morsi and the Muslim Brotherhood at the Rabaa intersection and Nahda Square in Cairo, which led to the deaths of hundreds of demonstrators along with dozens of policemen;

| G. | whereas the interim government declared a month-long state of emergency and announced that an independent committee composed of public figures would be established to investigate the dispersal of the Rabaa and Nahda Square sit-ins; whereas regional and Egyptian NGOs have called for a fact-finding mission by the Arab League to investigate recent acts of violence in the country; whereas EU and international mediation has so far failed in its attempts to establish an inclusive political dialogue, and whereas protests, clashes and arrests have continued; |
| --- | --- |

G.

whereas the interim government declared a month-long state of emergency and announced that an independent committee composed of public figures would be established to investigate the dispersal of the Rabaa and Nahda Square sit-ins; whereas regional and Egyptian NGOs have called for a fact-finding mission by the Arab League to investigate recent acts of violence in the country; whereas EU and international mediation has so far failed in its attempts to establish an inclusive political dialogue, and whereas protests, clashes and arrests have continued;

| H. | whereas the violent dispersal of the sit-ins was followed by tragic sectarian violence committed against Egyptian Christians, notably by Muslim Brotherhood supporters; whereas the Egyptian security forces were accused of having failed to protect churches and Coptic communities against predictable reprisal attacks; |
| --- | --- |

H.

whereas the violent dispersal of the sit-ins was followed by tragic sectarian violence committed against Egyptian Christians, notably by Muslim Brotherhood supporters; whereas the Egyptian security forces were accused of having failed to protect churches and Coptic communities against predictable reprisal attacks;

| I. | whereas acts of terrorism and violent attacks against security forces in the Sinai have been increasing, including the killing of 25 off-duty policemen in northern Sinai on 19 August 2013; whereas the Egyptian Interior Minister Mohammed Ibrahim was the target of a bomb attack in Cairo on 5 September 2013; |
| --- | --- |

I.

whereas acts of terrorism and violent attacks against security forces in the Sinai have been increasing, including the killing of 25 off-duty policemen in northern Sinai on 19 August 2013; whereas the Egyptian Interior Minister Mohammed Ibrahim was the target of a bomb attack in Cairo on 5 September 2013;

| J. | whereas the interim government has stated that national reconciliation and the rule of law are the highest priorities of its action; |
| --- | --- |

J.

whereas the interim government has stated that national reconciliation and the rule of law are the highest priorities of its action;

| K. | whereas Egypt is facing increasingly serious economic difficulties; whereas economic prosperity in the country requires political stability, sound economic policies, action to fight corruption and international support; whereas social justice and a higher standard of living for citizens are crucial dimensions of the transition towards an open, stable, democratic, free and prosperous Egyptian society; |
| --- | --- |

K.

whereas Egypt is facing increasingly serious economic difficulties; whereas economic prosperity in the country requires political stability, sound economic policies, action to fight corruption and international support; whereas social justice and a higher standard of living for citizens are crucial dimensions of the transition towards an open, stable, democratic, free and prosperous Egyptian society;

| L. | whereas independent trade unions and civil society organisations have a crucial role to play in this critical period of political and social transition in Egypt; whereas free and independent press and media form a key part of society in any true democracy; whereas physical violence and acts of harassment against journalists have increased in Egypt while, on 3 September 2013, a court in Cairo ordered the closure of four television stations run by or sympathetic to the Muslim Brotherhood, saying that they were operating illegally; whereas the offices of several television channels have been raided by security forces in the past six weeks; |
| --- | --- |

L.

whereas independent trade unions and civil society organisations have a crucial role to play in this critical period of political and social transition in Egypt; whereas free and independent press and media form a key part of society in any true democracy; whereas physical violence and acts of harassment against journalists have increased in Egypt while, on 3 September 2013, a court in Cairo ordered the closure of four television stations run by or sympathetic to the Muslim Brotherhood, saying that they were operating illegally; whereas the offices of several television channels have been raided by security forces in the past six weeks;

| M. | whereas Egyptian women are in a particularly vulnerable situation in the current period of prolonged political crisis; whereas female protestors are often subject to violence, sexual assaults and other forms of degrading treatment, while women’s rights activists face threats and harassment; |
| --- | --- |

M.

whereas Egyptian women are in a particularly vulnerable situation in the current period of prolonged political crisis; whereas female protestors are often subject to violence, sexual assaults and other forms of degrading treatment, while women’s rights activists face threats and harassment;

| N. | whereas between 2007 and 2012 Egypt received approximately EUR 1 billion of EU aid and whereas the EU has committed a further EUR 5 billion in aid, which can only become fully available once conditions tied to those set by the IMF are met; |
| --- | --- |

N.

whereas between 2007 and 2012 Egypt received approximately EUR 1 billion of EU aid and whereas the EU has committed a further EUR 5 billion in aid, which can only become fully available once conditions tied to those set by the IMF are met;

| O. | whereas in its conclusions on Egypt of 21 August 2013 the Foreign Affairs Council tasked the High Representative, in cooperation with the Commission, with reviewing the issue of EU assistance to Egypt under the European Neighbourhood Policy and the Association Agreement, on the basis of Egypt’s commitment to the principles that underpin them; whereas the Member States decided to suspend export licences to Egypt for any equipment which might be used for internal repression, to reassess export licences for other military equipment, and to review their security assistance to Egypt; |
| --- | --- |

O.

whereas in its conclusions on Egypt of 21 August 2013 the Foreign Affairs Council tasked the High Representative, in cooperation with the Commission, with reviewing the issue of EU assistance to Egypt under the European Neighbourhood Policy and the Association Agreement, on the basis of Egypt’s commitment to the principles that underpin them; whereas the Member States decided to suspend export licences to Egypt for any equipment which might be used for internal repression, to reassess export licences for other military equipment, and to review their security assistance to Egypt;

| P. | whereas, in line with its reviewed European Neighbourhood Policy and notably the ‘more for more’ approach, the EU’s level and scope of engagement with Egypt is incentive-based and therefore dependent on progress with regard to the country’s respecting its commitments, including on democracy, the rule of law, human rights and gender equality; |
| --- | --- |

P.

whereas, in line with its reviewed European Neighbourhood Policy and notably the ‘more for more’ approach, the EU’s level and scope of engagement with Egypt is incentive-based and therefore dependent on progress with regard to the country’s respecting its commitments, including on democracy, the rule of law, human rights and gender equality;

| 1. | Expresses its strong solidarity with the Egyptian people and its sincere condolences to the families of victims of recent clashes and violence; calls on the Egyptian authorities to establish a judicial committee to independently investigate all killings, as promised by the Egyptian presidency on 8 July 2013; |
| --- | --- |

1.

Expresses its strong solidarity with the Egyptian people and its sincere condolences to the families of victims of recent clashes and violence; calls on the Egyptian authorities to establish a judicial committee to independently investigate all killings, as promised by the Egyptian presidency on 8 July 2013;

| 2. | Condemns the disproportionate use of force by Egyptian security forces and the tragic loss of life during the dismantlement of the Rabaa and Nahda encampments; urges the Government of Egypt to ensure that the security forces establish adequate internal review procedures, so that responsibilities for the excessive use of force can be ascertained and those responsible be brought to justice; |
| --- | --- |

2.

Condemns the disproportionate use of force by Egyptian security forces and the tragic loss of life during the dismantlement of the Rabaa and Nahda encampments; urges the Government of Egypt to ensure that the security forces establish adequate internal review procedures, so that responsibilities for the excessive use of force can be ascertained and those responsible be brought to justice;

| 3. | Deplores at the same time the fact that the Muslim Brotherhood leadership failed to clearly instruct its political base to refrain from any form of violence against fellow citizens, the army and the police; deplores the fact that the Muslim Brotherhood leadership did not do anything to prevent and stop those attacks and only belatedly condemned them; calls on Muslim Brotherhood leaders to refrain from calling for and glorifying violence and supports legal proceedings against those of their leaders who called for the use of violence; |
| --- | --- |

3.

Deplores at the same time the fact that the Muslim Brotherhood leadership failed to clearly instruct its political base to refrain from any form of violence against fellow citizens, the army and the police; deplores the fact that the Muslim Brotherhood leadership did not do anything to prevent and stop those attacks and only belatedly condemned them; calls on Muslim Brotherhood leaders to refrain from calling for and glorifying violence and supports legal proceedings against those of their leaders who called for the use of violence;

| 4. | Condemns all acts of terrorism, incitement, violence and hate speech; urges all political actors and security forces to show the utmost restraint and avoid provocation, with the aim of avoiding further violence in the best interests of the country; reminds the interim President, the interim government and the Egyptian army of their obligation to ensure the security of all citizens in the country regardless of their political views and affiliation; expresses deep concern at the reported arrest of dozens of children in relation to the crackdown on Muslim Brotherhood supporters, and calls for their immediate release; |
| --- | --- |

4.

Condemns all acts of terrorism, incitement, violence and hate speech; urges all political actors and security forces to show the utmost restraint and avoid provocation, with the aim of avoiding further violence in the best interests of the country; reminds the interim President, the interim government and the Egyptian army of their obligation to ensure the security of all citizens in the country regardless of their political views and affiliation; expresses deep concern at the reported arrest of dozens of children in relation to the crackdown on Muslim Brotherhood supporters, and calls for their immediate release;

| 5. | Expresses its concerns at the political developments in Egypt; calls on the Egyptian authorities, in order to create the necessary conditions for an inclusive political process, to end the state of emergency as soon as possible, to release all political prisoners, including the ousted former President Morsi, and to treat detainees with full respect for their international obligations; |
| --- | --- |

5.

Expresses its concerns at the political developments in Egypt; calls on the Egyptian authorities, in order to create the necessary conditions for an inclusive political process, to end the state of emergency as soon as possible, to release all political prisoners, including the ousted former President Morsi, and to treat detainees with full respect for their international obligations;

| 6. | Stresses that power should be transferred to democratically-elected civilian authorities as soon as possible; expresses its fundamental solidarity with all those Egyptians who cherish democratic aspirations and values for their country, and calls for a rapid return to the democratic process, including the holding of free and fair presidential and parliamentary elections in a fully inclusive process with the participation of all democratic actors, and for the necessary economic and governance reforms to be made; urges the Muslim Brotherhood to contribute to reconciliation efforts; believes that any ban, exclusion or prosecution directed against a democratic political force or actor in Egypt would repeat past mistakes and would only lead to increased radicalism; |
| --- | --- |

6.

Stresses that power should be transferred to democratically-elected civilian authorities as soon as possible; expresses its fundamental solidarity with all those Egyptians who cherish democratic aspirations and values for their country, and calls for a rapid return to the democratic process, including the holding of free and fair presidential and parliamentary elections in a fully inclusive process with the participation of all democratic actors, and for the necessary economic and governance reforms to be made; urges the Muslim Brotherhood to contribute to reconciliation efforts; believes that any ban, exclusion or prosecution directed against a democratic political force or actor in Egypt would repeat past mistakes and would only lead to increased radicalism;

| 7. | Expresses its support for the process of constitutional drafting and reform, and stresses that this must lay the foundations for a truly democratic new Egypt, guaranteeing fundamental rights and freedoms, including religious freedom, for all citizens — men and women — of Egypt, promoting interreligious tolerance and cohabitation and guaranteeing the protection of minorities as well as the freedoms of association, of assembly and of the media; strongly believes that the consultation process on the constitutional amendments should include all components of the Egyptian political spectrum, including the moderate components of the Muslim Brotherhood, and an adequate representation of women, and that it should be followed by a referendum on a new, pluralistic constitution and by free and fair presidential and parliamentary elections; |
| --- | --- |

7.

Expresses its support for the process of constitutional drafting and reform, and stresses that this must lay the foundations for a truly democratic new Egypt, guaranteeing fundamental rights and freedoms, including religious freedom, for all citizens — men and women — of Egypt, promoting interreligious tolerance and cohabitation and guaranteeing the protection of minorities as well as the freedoms of association, of assembly and of the media; strongly believes that the consultation process on the constitutional amendments should include all components of the Egyptian political spectrum, including the moderate components of the Muslim Brotherhood, and an adequate representation of women, and that it should be followed by a referendum on a new, pluralistic constitution and by free and fair presidential and parliamentary elections;

| 8. | Calls for an immediate end to all acts of violence, sexual assault and other forms of degrading treatment against female protesters and women’s rights activists, for serious and impartial investigations into all such cases, and for those responsible to be brought to justice; |
| --- | --- |

8.

Calls for an immediate end to all acts of violence, sexual assault and other forms of degrading treatment against female protesters and women’s rights activists, for serious and impartial investigations into all such cases, and for those responsible to be brought to justice;

| 9. | Condemns the violence against the Coptic community and the destruction of a large number of churches, community centres and businesses throughout the country; expresses concern that the authorities failed to take adequate security measures to protect the Coptic community in spite of many warnings; points to the historical pluralism of Egyptian society and the centuries-old tradition of the Egyptian Coptic community; asks the Egyptian Government to support the Coptic community in every possible way, so that the Egyptian Coptic community can continue to be an important part of Egypt’s social and economic fabric and that peaceful cohabitation with the other communities of Egypt can quickly be restored; |
| --- | --- |

9.

Condemns the violence against the Coptic community and the destruction of a large number of churches, community centres and businesses throughout the country; expresses concern that the authorities failed to take adequate security measures to protect the Coptic community in spite of many warnings; points to the historical pluralism of Egyptian society and the centuries-old tradition of the Egyptian Coptic community; asks the Egyptian Government to support the Coptic community in every possible way, so that the Egyptian Coptic community can continue to be an important part of Egypt’s social and economic fabric and that peaceful cohabitation with the other communities of Egypt can quickly be restored;

| 10. | Stresses once more the importance of the contribution of civil society, trade unions and the media to building deep and sustainable democracy in Egypt; calls on the interim government to guarantee that domestic and international civil society organisations, independent trade unions and journalists can operate freely, without government interference, in the country; calls on the Egyptian authorities to ensure that the committee tasked with writing a new NGO law produces a draft which is in line with international standards; supports the decision of the Foreign Affairs Council of 21 August 2013 that, in the light of the negative impact of the economic situation on the most vulnerable groups of Egyptian society, EU assistance in the socio-economic sector and to civil society will continue; |
| --- | --- |

10.

Stresses once more the importance of the contribution of civil society, trade unions and the media to building deep and sustainable democracy in Egypt; calls on the interim government to guarantee that domestic and international civil society organisations, independent trade unions and journalists can operate freely, without government interference, in the country; calls on the Egyptian authorities to ensure that the committee tasked with writing a new NGO law produces a draft which is in line with international standards; supports the decision of the Foreign Affairs Council of 21 August 2013 that, in the light of the negative impact of the economic situation on the most vulnerable groups of Egyptian society, EU assistance in the socio-economic sector and to civil society will continue;

| 11. | Welcomes the recommendation by the Egyptian National Council for Human Rights to the government to open a regional office of the UN High Commissioner for Human Rights in Cairo, and urges the Egyptian Government to approve the opening of this office; |
| --- | --- |

11.

Welcomes the recommendation by the Egyptian National Council for Human Rights to the government to open a regional office of the UN High Commissioner for Human Rights in Cairo, and urges the Egyptian Government to approve the opening of this office;

| 12. | Urges the Union to take into consideration both the principle of conditionality (‘more for more’) and the serious economic challenges Egypt is facing in its bilateral relations with and its financial support to the country; calls for clear and jointly agreed benchmarks in this regard; welcomes the recent decision of the Foreign Affairs Council to suspend export licences to Egypt for any equipment which might be used for internal repression, to reassess export licences for other military equipment, and to review security assistance to Egypt; |
| --- | --- |

12.

Urges the Union to take into consideration both the principle of conditionality (‘more for more’) and the serious economic challenges Egypt is facing in its bilateral relations with and its financial support to the country; calls for clear and jointly agreed benchmarks in this regard; welcomes the recent decision of the Foreign Affairs Council to suspend export licences to Egypt for any equipment which might be used for internal repression, to reassess export licences for other military equipment, and to review security assistance to Egypt;

| 13. | Reconfirms its commitment to assist the Egyptian people in the process towards democratic and economic reform; welcomes and supports the efforts of Vice-President/High Representative Catherine Ashton and Special Representative Bernardino León to mediate between the parties with the aim of brokering a way out of the current political crisis; |
| --- | --- |

13.

Reconfirms its commitment to assist the Egyptian people in the process towards democratic and economic reform; welcomes and supports the efforts of Vice-President/High Representative Catherine Ashton and Special Representative Bernardino León to mediate between the parties with the aim of brokering a way out of the current political crisis;

| 14. | Takes note of the findings of the special report of the European Court of Auditors of 18 June 2013 on ‘EU cooperation with Egypt in the field of governance’, and calls for action to ensure greater transparency and accountability concerning the way EU funding is spent in Egypt, with special regard to projects fostering civil society and protecting minorities and women’s rights; |
| --- | --- |

14.

Takes note of the findings of the special report of the European Court of Auditors of 18 June 2013 on ‘EU cooperation with Egypt in the field of governance’, and calls for action to ensure greater transparency and accountability concerning the way EU funding is spent in Egypt, with special regard to projects fostering civil society and protecting minorities and women’s rights;

| 15. | Reiterates its call for the establishment without delay of an EU mechanism to provide legal and technical assistance to Arab Spring countries in the process of asset recovery, as mentioned in its resolution of 23 May 2013 but delayed because of the turmoil in Egypt; stresses once more that facilitating the return of assets stolen by former dictators and their regimes is a moral imperative for the EU; believes that asset recovery is a highly political issue by reason of its symbolic value and can make a major contribution to restoring accountability, creating stability and building solid institutions in the spirit of democracy and the rule of law in the partner countries concerned; |
| --- | --- |

15.

Reiterates its call for the establishment without delay of an EU mechanism to provide legal and technical assistance to Arab Spring countries in the process of asset recovery, as mentioned in its resolution of 23 May 2013 but delayed because of the turmoil in Egypt; stresses once more that facilitating the return of assets stolen by former dictators and their regimes is a moral imperative for the EU; believes that asset recovery is a highly political issue by reason of its symbolic value and can make a major contribution to restoring accountability, creating stability and building solid institutions in the spirit of democracy and the rule of law in the partner countries concerned;

| 16. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security, the governments and parliaments of the Member States, and the Government of the Arab Republic of Egypt. |
| --- | --- |

16.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security, the governments and parliaments of the Member States, and the Government of the Arab Republic of Egypt.

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(1)  Texts adopted, P7_TA(2013)0224.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/131 |
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9.3.2016

EN

Official Journal of the European Union

C 93/131

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P7_TA(2013)0380

Maritime dimension of the common security and defence policy

European Parliament resolution of 12 September 2013 on the maritime dimension of the Common Security and Defence Policy (2012/2318(INI))

(2016/C 093/20)

The European Parliament,

| — | having regard to Title V of the Treaty on European Union (TEU), and in particular to Articles 42, 43 and 45 thereof, |
| --- | --- |

—

having regard to Title V of the Treaty on European Union (TEU), and in particular to Articles 42, 43 and 45 thereof,

| — | having regard to Article 222 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Article 222 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Article 194 TFEU, |
| --- | --- |

—

having regard to Article 194 TFEU,

| — | having regard to the European Security Strategy entitled ‘A Secure Europe in a Better World’, adopted by the European Council on 12 December 2003, and to the report on its implementation entitled ‘Providing Security in a Changing World’, endorsed by the European Council of 11—12 December 2008, |
| --- | --- |

—

having regard to the European Security Strategy entitled ‘A Secure Europe in a Better World’, adopted by the European Council on 12 December 2003, and to the report on its implementation entitled ‘Providing Security in a Changing World’, endorsed by the European Council of 11—12 December 2008,

| — | having regard to the European Integrated Maritime Policy of 2007 (COM(2007)0575) and its Progress Report of 2012 (COM(2012)0491), |
| --- | --- |

—

having regard to the European Integrated Maritime Policy of 2007 (COM(2007)0575) and its Progress Report of 2012 (COM(2012)0491),

| — | having regard to the 7 October 2012 Declaration of the European Ministers responsible for the Integrated Maritime Policy and the European Commission, on a Marine and Maritime Agenda for growth and jobs, the ‘Limassol Declaration’, |
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—

having regard to the 7 October 2012 Declaration of the European Ministers responsible for the Integrated Maritime Policy and the European Commission, on a Marine and Maritime Agenda for growth and jobs, the ‘Limassol Declaration’,

| — | having regard to the Council conclusions on Maritime Security Strategy of 26 April 2010, |
| --- | --- |

—

having regard to the Council conclusions on Maritime Security Strategy of 26 April 2010,

| — | having regard to its resolution of 15 January 2013 on EU strategy for the Horn of Africa (1), |
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—

having regard to its resolution of 15 January 2013 on EU strategy for the Horn of Africa (1),

| — | having regard to the Charter of the United Nations and to the United Nations Convention on the Law of the Sea (UNCLOS) of 10 December 1982, |
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—

having regard to the Charter of the United Nations and to the United Nations Convention on the Law of the Sea (UNCLOS) of 10 December 1982,

| — | having regard to the Joint Proposal for a Council Decision on the arrangements for the implementation by the Union of the Solidarity Clause of 21 December 2012 (2), |
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—

having regard to the Joint Proposal for a Council Decision on the arrangements for the implementation by the Union of the Solidarity Clause of 21 December 2012 (2),

| — | having regard to the Commission Green Paper of 7 June 2006 entitled ‘Towards a future Maritime Policy for the Union: European vision for the oceans and seas’ (COM(2006)0275), |
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—

having regard to the Commission Green Paper of 7 June 2006 entitled ‘Towards a future Maritime Policy for the Union: European vision for the oceans and seas’ (COM(2006)0275),

| — | having regard to its resolution of 20 January 2011 on a sustainable EU policy for the High North (3) and to the Joint Communication to the European Parliament and the Council of 26 June 2012 on Developing a European Union Policy towards the Arctic Region: progress since 2008 and next steps (4), |
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—

having regard to its resolution of 20 January 2011 on a sustainable EU policy for the High North (3) and to the Joint Communication to the European Parliament and the Council of 26 June 2012 on Developing a European Union Policy towards the Arctic Region: progress since 2008 and next steps (4),

| — | having regard to the European Defence Agency (EDA) Code of Conduct on Pooling and Sharing of 2012, |
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—

having regard to the European Defence Agency (EDA) Code of Conduct on Pooling and Sharing of 2012,

| — | having regard to the Alliance Maritime Strategy adopted by NATO on 18 March 2011, |
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—

having regard to the Alliance Maritime Strategy adopted by NATO on 18 March 2011,

| — | having regard to the Council Joint Action on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy off the Somali coast (Atalanta) of 2008 (5), |
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—

having regard to the Council Joint Action on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy off the Somali coast (Atalanta) of 2008 (5),

| — | having regard to the Council Decision on the European Union mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) of 2012 (6), |
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—

having regard to the Council Decision on the European Union mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) of 2012 (6),

| — | having regard to its resolution of 23 November 2010 on civilian-military cooperation and the development of civilian-military capabilities (7), |
| --- | --- |

—

having regard to its resolution of 23 November 2010 on civilian-military cooperation and the development of civilian-military capabilities (7),

| — | having regard to the Council conclusions on the Horn of Africa of 14 November 2011, and, in particular, to the Strategic Framework set out in the annex thereto, |
| --- | --- |

—

having regard to the Council conclusions on the Horn of Africa of 14 November 2011, and, in particular, to the Strategic Framework set out in the annex thereto,

| — | having regard to its resolution of 22 November 2012 on the implementation of the Common Security and Defence Policy (8), |
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—

having regard to its resolution of 22 November 2012 on the implementation of the Common Security and Defence Policy (8),

| — | having regard to its resolution of 14 March 2013 (9) on EU-China Relations, |
| --- | --- |

—

having regard to its resolution of 14 March 2013 (9) on EU-China Relations,

| — | having regard to its resolutions of 23 October 2008 on piracy at sea (10) and 10 May 2012 on maritime piracy (11), |
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—

having regard to its resolutions of 23 October 2008 on piracy at sea (10) and 10 May 2012 on maritime piracy (11),

| — | having regard to Rule 48 of its Rules of Procedure, |
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—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs (A7-0220/2013), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A7-0220/2013),

| A. | whereas EU Member States comprise a coastline of over 90 000 kilometres in length bordering two oceans and four seas, in addition to overseas territories and national security installations throughout other oceans; whereas EU Member States are responsible for the control, security and safety of the European coastal and territorial waters, Exclusive Economic Zones (EEZs), continental shelf, maritime infrastructure and marine resources; whereas Member States have the responsibility of being the principal security provider for seafarers on ships flying their flag and for their citizens; whereas States’ inability to control their maritime space has consequences well outside their coastal and maritime zones; |
| --- | --- |

A.

whereas EU Member States comprise a coastline of over 90 000 kilometres in length bordering two oceans and four seas, in addition to overseas territories and national security installations throughout other oceans; whereas EU Member States are responsible for the control, security and safety of the European coastal and territorial waters, Exclusive Economic Zones (EEZs), continental shelf, maritime infrastructure and marine resources; whereas Member States have the responsibility of being the principal security provider for seafarers on ships flying their flag and for their citizens; whereas States’ inability to control their maritime space has consequences well outside their coastal and maritime zones;

| B. | whereas the maritime boundaries of the Member States form the external borders of the European Union; |
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B.

whereas the maritime boundaries of the Member States form the external borders of the European Union;

| C. | whereas maritime spaces are open, vast and boundless, and are only limited by maritime jurisdictions; whereas maritime spaces are difficult to control, especially since international maritime law aims principally at facilitating trade and guaranteeing free movement; |
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C.

whereas maritime spaces are open, vast and boundless, and are only limited by maritime jurisdictions; whereas maritime spaces are difficult to control, especially since international maritime law aims principally at facilitating trade and guaranteeing free movement;

| D. | whereas 90 % of the EU’s external trade and 40 % of its internal trade is transported by sea; whereas the EU is the world’s leading maritime shipping actor, with European ship owners managing 30 % of the vessels and 35 % of world shipping tonnage — inter alia 55 % of container vessels and 35 % of tankers, representing 42 % of the value of global seaborne trade; whereas taken together the EU Member States constitute the world’s biggest EEZ (of around 25 million square kilometres); |
| --- | --- |

D.

whereas 90 % of the EU’s external trade and 40 % of its internal trade is transported by sea; whereas the EU is the world’s leading maritime shipping actor, with European ship owners managing 30 % of the vessels and 35 % of world shipping tonnage — inter alia 55 % of container vessels and 35 % of tankers, representing 42 % of the value of global seaborne trade; whereas taken together the EU Member States constitute the world’s biggest EEZ (of around 25 million square kilometres);

| E. | whereas any EU maritime strategy should first and foremost promote the basic principles laid down in Article 21 TFEU such as democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law; whereas States have a duty to endeavour to enforce and reinforce international law, particularly UNCLOS, and to guarantee the flow of maritime routes and the preservation of the Global Commons, and of commercial and environmental interests; |
| --- | --- |

E.

whereas any EU maritime strategy should first and foremost promote the basic principles laid down in Article 21 TFEU such as democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law; whereas States have a duty to endeavour to enforce and reinforce international law, particularly UNCLOS, and to guarantee the flow of maritime routes and the preservation of the Global Commons, and of commercial and environmental interests;

| F. | whereas the importance of global maritime flows for the Union has increased exponentially as a result of economic growth, globalisation and growing global interdependence; whereas the geostrategic maritime balance is fast changing, with emerging powers adopting access denial technologies and strategies to assert themselves in regional and global maritime areas, constraining US and European access; whereas a more complex and diffuse maritime security environment with a loose and varied application of international treaties makes effective multilateralism and international cooperation in regulating maritime affairs more difficult; whereas it is in the EU’s interest to ensure maritime security not only in the waters off its coasts but throughout the world’s oceans and seas; |
| --- | --- |

F.

whereas the importance of global maritime flows for the Union has increased exponentially as a result of economic growth, globalisation and growing global interdependence; whereas the geostrategic maritime balance is fast changing, with emerging powers adopting access denial technologies and strategies to assert themselves in regional and global maritime areas, constraining US and European access; whereas a more complex and diffuse maritime security environment with a loose and varied application of international treaties makes effective multilateralism and international cooperation in regulating maritime affairs more difficult; whereas it is in the EU’s interest to ensure maritime security not only in the waters off its coasts but throughout the world’s oceans and seas;

| G. | whereas several factors such as poverty, lack of development, low levels of state control and law enforcement and the vulnerability of routes facilitate the proliferation of different types of threats to maritime security; whereas those threats can derive both from the behaviours of states interested in disturbing international maritime flows and from the illegal activities of non-state actors, such as transnational crime (e.g. arms or drugs trafficking), international terrorism or piracy, that exploit the weaknesses of a fragmented local, regional and global maritime governance system; whereas legal and illegal activities at sea have been growing in number and complexity as a result of this multiplication of actors present at sea making it increasingly difficult to distinguish legal activities from illegal ones; whereas this puts pressure on the EU to invest in a holistic approach in order to address the complexity of transnational challenges, which no Member State can meet alone; |
| --- | --- |

G.

whereas several factors such as poverty, lack of development, low levels of state control and law enforcement and the vulnerability of routes facilitate the proliferation of different types of threats to maritime security; whereas those threats can derive both from the behaviours of states interested in disturbing international maritime flows and from the illegal activities of non-state actors, such as transnational crime (e.g. arms or drugs trafficking), international terrorism or piracy, that exploit the weaknesses of a fragmented local, regional and global maritime governance system; whereas legal and illegal activities at sea have been growing in number and complexity as a result of this multiplication of actors present at sea making it increasingly difficult to distinguish legal activities from illegal ones; whereas this puts pressure on the EU to invest in a holistic approach in order to address the complexity of transnational challenges, which no Member State can meet alone;

| H. | whereas the global outlook on naval capabilities and power projection is fast changing, with emerging and established powers increasingly calling into question UNCLOS principles, international arbitration and regulation; whereas, most significantly, China pursues its String of Pearls policy, endeavouring to increase and extend its presence at sea for a multitude of stated and unstated reasons, from securing trade and energy routes to controlling marine resources and maritime critical infrastructure, clashing with the maritime interests of virtually all of its neighbours in the South and East China Seas; |
| --- | --- |

H.

whereas the global outlook on naval capabilities and power projection is fast changing, with emerging and established powers increasingly calling into question UNCLOS principles, international arbitration and regulation; whereas, most significantly, China pursues its String of Pearls policy, endeavouring to increase and extend its presence at sea for a multitude of stated and unstated reasons, from securing trade and energy routes to controlling marine resources and maritime critical infrastructure, clashing with the maritime interests of virtually all of its neighbours in the South and East China Seas;

| I. | whereas the EU and all its Member States are contracting parties to UNCLOS, and therefore the Convention constitutes part of the acquis communautaire; |
| --- | --- |

I.

whereas the EU and all its Member States are contracting parties to UNCLOS, and therefore the Convention constitutes part of the acquis communautaire;

| J. | whereas, as a global actor, the EU must consider security challenges and possible autonomous responses, especially with regard to the nearby Mediterranean Sea, the Horn of Africa and West Atlantic areas, but also the Pacific, via East and West, and from the Arctic to the Antarctic; |
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J.

whereas, as a global actor, the EU must consider security challenges and possible autonomous responses, especially with regard to the nearby Mediterranean Sea, the Horn of Africa and West Atlantic areas, but also the Pacific, via East and West, and from the Arctic to the Antarctic;

| K. | whereas illegal maritime non-state actors proliferate, threatening critical maritime routes and infrastructures and exploiting the weaknesses of states and their jurisdictions; |
| --- | --- |

K.

whereas illegal maritime non-state actors proliferate, threatening critical maritime routes and infrastructures and exploiting the weaknesses of states and their jurisdictions;

| L. | whereas the fight against these non-conventional threats often takes place in challenging and dangerous environments, thus requiring both civilian and military means; whereas the CSDP, with both a civilian and a military dimension, is an appropriate framework to use to combat dangerous threats at sea and along the coast; |
| --- | --- |

L.

whereas the fight against these non-conventional threats often takes place in challenging and dangerous environments, thus requiring both civilian and military means; whereas the CSDP, with both a civilian and a military dimension, is an appropriate framework to use to combat dangerous threats at sea and along the coast;

| M. | whereas the EU cannot ensure global maritime security on its own; whereas it needs to achieve strong partnerships with third countries and regional organisations, especially in remote areas, for instance in Asia, where it is more difficult for the EU to deploy its own resources; |
| --- | --- |

M.

whereas the EU cannot ensure global maritime security on its own; whereas it needs to achieve strong partnerships with third countries and regional organisations, especially in remote areas, for instance in Asia, where it is more difficult for the EU to deploy its own resources;

| N. | whereas the European Security Strategy (ESS) does not refer specifically to the maritime dimension, except by identifying piracy as a threat to the EU; whereas the European Integrated Maritime Policy (IMP) addresses maritime issues but barely touches upon the security dimension, thus leaving aside an area of increasing concern for the EU; whereas there is an imperative need to revise the EU approach to maritime security, notably with the adoption of a European Maritime Security Strategy (EMSS) clarifying how the IMP should contribute to the implementation of the ESS; whereas this EMSS should define the EU’s security interests and strategic goals, and identify objectives, risks, the available and necessary means for intervention, as well as possible theatres; |
| --- | --- |

N.

whereas the European Security Strategy (ESS) does not refer specifically to the maritime dimension, except by identifying piracy as a threat to the EU; whereas the European Integrated Maritime Policy (IMP) addresses maritime issues but barely touches upon the security dimension, thus leaving aside an area of increasing concern for the EU; whereas there is an imperative need to revise the EU approach to maritime security, notably with the adoption of a European Maritime Security Strategy (EMSS) clarifying how the IMP should contribute to the implementation of the ESS; whereas this EMSS should define the EU’s security interests and strategic goals, and identify objectives, risks, the available and necessary means for intervention, as well as possible theatres;

| O. | whereas the EMSS is needed in order to mainstream the stakes, risks and opportunities that the Union faces at sea, including protection for European citizens and their assets; whereas that strategy should promote European values and principles, and must be forward-looking and proactive and mobilise all relevant institutions and actors, both civilian and military, and emphasise, in particular, the fact that EU Member States can no longer afford to develop and maintain naval capabilities with the sole objective of using them exclusively in potential high-intensity operations; |
| --- | --- |

O.

whereas the EMSS is needed in order to mainstream the stakes, risks and opportunities that the Union faces at sea, including protection for European citizens and their assets; whereas that strategy should promote European values and principles, and must be forward-looking and proactive and mobilise all relevant institutions and actors, both civilian and military, and emphasise, in particular, the fact that EU Member States can no longer afford to develop and maintain naval capabilities with the sole objective of using them exclusively in potential high-intensity operations;

| P. | whereas conflict and instability affecting the EU’s interest in open maritime flows and safe access require greater insight into the nexus between human security, state governance and development, and whereas the EU’s strategy for the Horn of Africa should therefore be used as a model for a comprehensive approach involving EU’s political, diplomatic, social, and economic tools; whereas this comprehensive approach must be at the core of the EMSS and should involve coordination among different EU initiatives, agencies and instruments, with a view to addressing the root causes of instability and helping to solve conflict, enforce peace and assist state-building, governance and development, including security sector reform, energy supply, maritime and other trade and transport security, fisheries and environment protection and the impact of climate change; |
| --- | --- |

P.

whereas conflict and instability affecting the EU’s interest in open maritime flows and safe access require greater insight into the nexus between human security, state governance and development, and whereas the EU’s strategy for the Horn of Africa should therefore be used as a model for a comprehensive approach involving EU’s political, diplomatic, social, and economic tools; whereas this comprehensive approach must be at the core of the EMSS and should involve coordination among different EU initiatives, agencies and instruments, with a view to addressing the root causes of instability and helping to solve conflict, enforce peace and assist state-building, governance and development, including security sector reform, energy supply, maritime and other trade and transport security, fisheries and environment protection and the impact of climate change;

General remarks on a future European Maritime Security Strategy

| 1. | Strongly believes that the EU has a vital interest in a secure, open and clean maritime environment that allows the free passage of commerce and people and the peaceful, legal, fair and sustainable use of the oceans’ riches; that maritime flows represent the lifeblood of European trade and are conduits of European prosperity and influence; that the security of European citizens and the promotion of the principles of Article 21 TFEU are an EU and Member State responsibility; and that the EU institutional framework, both civilian and military, should, therefore, be further developed in order to provide for the objectives, means and capabilities necessary to meet that responsibility; |
| --- | --- |

1.

Strongly believes that the EU has a vital interest in a secure, open and clean maritime environment that allows the free passage of commerce and people and the peaceful, legal, fair and sustainable use of the oceans’ riches; that maritime flows represent the lifeblood of European trade and are conduits of European prosperity and influence; that the security of European citizens and the promotion of the principles of Article 21 TFEU are an EU and Member State responsibility; and that the EU institutional framework, both civilian and military, should, therefore, be further developed in order to provide for the objectives, means and capabilities necessary to meet that responsibility;

| 2. | Reminds Member States that only in a spirit of commitment, mutual understanding and genuine solidarity will the Union be able to fulfil its role as laid down in the Lisbon Treaty and its stated ambition to be a global security provider; recalls, in this connection, that Article 42(7) TEU (‘mutual defence clause’ or ‘mutual assistance clause’), Article 222 TFEU (‘solidarity clause’), and Article 42(6) TEU (permanent structured cooperation), introduced by the Lisbon Treaty, provide the institutional framework for effective solidarity among all the Member States in the field of security and defence of the Union; recalls that those instruments have yet to be implemented; commends, in particular, the Commission and the European External Action Service (EEAS) for the Joint Proposal on the arrangements for the implementation by the Union of the solidarity clause and invites them to assess what this would entail in the event of it being activated to address any challenges at sea or involving maritime assets or infrastructure; urges the Council to swiftly approve this proposal; |
| --- | --- |

2.

Reminds Member States that only in a spirit of commitment, mutual understanding and genuine solidarity will the Union be able to fulfil its role as laid down in the Lisbon Treaty and its stated ambition to be a global security provider; recalls, in this connection, that Article 42(7) TEU (‘mutual defence clause’ or ‘mutual assistance clause’), Article 222 TFEU (‘solidarity clause’), and Article 42(6) TEU (permanent structured cooperation), introduced by the Lisbon Treaty, provide the institutional framework for effective solidarity among all the Member States in the field of security and defence of the Union; recalls that those instruments have yet to be implemented; commends, in particular, the Commission and the European External Action Service (EEAS) for the Joint Proposal on the arrangements for the implementation by the Union of the solidarity clause and invites them to assess what this would entail in the event of it being activated to address any challenges at sea or involving maritime assets or infrastructure; urges the Council to swiftly approve this proposal;

| 3. | Underlines that UNCLOS provides the legal framework for all types of activities carried out in the oceans and seas and that it can serve as a guide for the peaceful resolution of maritime disputes; calls, therefore, on the EU and its Member States to promote the universality of the Convention and to insist on the need for uniform and consistent implementation of its provisions; |
| --- | --- |

3.

Underlines that UNCLOS provides the legal framework for all types of activities carried out in the oceans and seas and that it can serve as a guide for the peaceful resolution of maritime disputes; calls, therefore, on the EU and its Member States to promote the universality of the Convention and to insist on the need for uniform and consistent implementation of its provisions;

| 4. | Recognises that the European Union already possesses some of the necessary means and instruments to respond to global maritime security challenges and to the need for a secure and stable environment, through the EEAS and the European Commission, the financial instruments, development cooperation, humanitarian assistance, crisis management, trade cooperation, and other relevant tools for action; notes, however, that most of the technical and material assets are in the hands of Member States and that their willingness to enhance their cooperation is paramount for the future of European maritime security; |
| --- | --- |

4.

Recognises that the European Union already possesses some of the necessary means and instruments to respond to global maritime security challenges and to the need for a secure and stable environment, through the EEAS and the European Commission, the financial instruments, development cooperation, humanitarian assistance, crisis management, trade cooperation, and other relevant tools for action; notes, however, that most of the technical and material assets are in the hands of Member States and that their willingness to enhance their cooperation is paramount for the future of European maritime security;

| 5. | Notes, however, that a European Maritime Security Strategy is needed to ensure an integrated and comprehensive approach, focusing specifically on the threats, risks, challenges and opportunities present at sea; that the EMSS, while grounded in European values and principles, must develop synergies and joint responses mobilising all relevant institutions and actors, both civilian and military; that the EMSS should identify all potential threats, from conventional security threats to those posed by natural disasters and climate change, from threats affecting the protection of vital marine resources to the security of maritime infrastructure and trade flows; that it must also identify the specific means and capabilities needed to address all challenges, including intelligence, surveillance and patrolling, search and rescue, sealift, evacuation of EU and other nationals from crisis zones, enforcing embargoes, and assistance to any CSDP-led missions and operations; |
| --- | --- |

5.

Notes, however, that a European Maritime Security Strategy is needed to ensure an integrated and comprehensive approach, focusing specifically on the threats, risks, challenges and opportunities present at sea; that the EMSS, while grounded in European values and principles, must develop synergies and joint responses mobilising all relevant institutions and actors, both civilian and military; that the EMSS should identify all potential threats, from conventional security threats to those posed by natural disasters and climate change, from threats affecting the protection of vital marine resources to the security of maritime infrastructure and trade flows; that it must also identify the specific means and capabilities needed to address all challenges, including intelligence, surveillance and patrolling, search and rescue, sealift, evacuation of EU and other nationals from crisis zones, enforcing embargoes, and assistance to any CSDP-led missions and operations;

| 6. | Invites the High Representative, the Commission and the Council to elaborate an EMSS centred on articulation and coordination among all European actors and Member States relevant to maritime security; urges the Commission and the HR/VP, accordingly, to address the shortcomings of the 2007 IMP, which does not include a security dimension, as well as the limits of the ESS, which fails to tackle maritime security threats and risks; is of the view that the EMSS’s level of ambition, means and capabilities should be anchored in the ESS and the IMP and should be framed by the need to act as a global security provider, thereby ensuring free maritime flows and access on the high seas worldwide; highlights the fact that regulating maritime security will in the short, medium and long term affect all other components of European security and prosperity; |
| --- | --- |

6.

Invites the High Representative, the Commission and the Council to elaborate an EMSS centred on articulation and coordination among all European actors and Member States relevant to maritime security; urges the Commission and the HR/VP, accordingly, to address the shortcomings of the 2007 IMP, which does not include a security dimension, as well as the limits of the ESS, which fails to tackle maritime security threats and risks; is of the view that the EMSS’s level of ambition, means and capabilities should be anchored in the ESS and the IMP and should be framed by the need to act as a global security provider, thereby ensuring free maritime flows and access on the high seas worldwide; highlights the fact that regulating maritime security will in the short, medium and long term affect all other components of European security and prosperity;

| 7. | Calls on Member States to closely assist and actively engage with the EEAS and the Commission in elaborating the new EMSS, with the aim of making efficient use of all their varied assets, as well as bearing in mind the identification and creation of new capabilities through pooling and sharing; furthermore, considers that the new strategy should also integrate joint bilateral or multilateral force creation initiatives such as the Franco-British Declaration of 2 November 2010; |
| --- | --- |

7.

Calls on Member States to closely assist and actively engage with the EEAS and the Commission in elaborating the new EMSS, with the aim of making efficient use of all their varied assets, as well as bearing in mind the identification and creation of new capabilities through pooling and sharing; furthermore, considers that the new strategy should also integrate joint bilateral or multilateral force creation initiatives such as the Franco-British Declaration of 2 November 2010;

| 8. | Highlights the fact that an integrated maritime approach such as this, which combines civilian instruments and military tools and encompasses both internal and external aspects of security, is already taking shape at national level in some Member States as well as being applied between certain Member States bilaterally, and should therefore be reinforced at Union level; stresses the role that can and should be played by maritime nations in fostering positive regional maritime integration; stresses that regional maritime integration initiatives can and should lead to the pooling and sharing of critical naval assets in order to meet the EU’s capacity needs; |
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8.

Highlights the fact that an integrated maritime approach such as this, which combines civilian instruments and military tools and encompasses both internal and external aspects of security, is already taking shape at national level in some Member States as well as being applied between certain Member States bilaterally, and should therefore be reinforced at Union level; stresses the role that can and should be played by maritime nations in fostering positive regional maritime integration; stresses that regional maritime integration initiatives can and should lead to the pooling and sharing of critical naval assets in order to meet the EU’s capacity needs;

Potential risks

| 9. | Acknowledges that increasing traffic at sea and the development of off-shore and coastal activities are challenging maritime security by making it increasingly difficult to distinguish legal activities at sea from illegal ones; |
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9.

Acknowledges that increasing traffic at sea and the development of off-shore and coastal activities are challenging maritime security by making it increasingly difficult to distinguish legal activities at sea from illegal ones;

| 10. | Notes that the EU is facing conventional threats to its security, in particular since the emergence of new maritime powers has rendered more likely potential interstate rivalries over the ownership of maritime areas (disputes over jurisdiction, territorial claims, exploration and exploitation licences in Deep Sea Zones); notes, in addition, that emerging countries have developed their maritime capabilities (navies, submarines) and, at the same time, tend to call international maritime law principles into question; |
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10.

Notes that the EU is facing conventional threats to its security, in particular since the emergence of new maritime powers has rendered more likely potential interstate rivalries over the ownership of maritime areas (disputes over jurisdiction, territorial claims, exploration and exploitation licences in Deep Sea Zones); notes, in addition, that emerging countries have developed their maritime capabilities (navies, submarines) and, at the same time, tend to call international maritime law principles into question;

| 11. | Warns against the illegitimate exploitation of important natural resources and minerals in EU Member States’ waters or in neighbouring seas; notes that the unmanaged race for marine, natural and mineral resources may have a damaging impact on the marine ecosystem, thus increasing the environmental impact of activities at sea; recalls that the exploitation of marine resources can also lead to an undesirable militarisation of maritime zones; however, emphasises the right of every Member State to engage in the exploration and exploitation of its marine natural resources, in a manner that complies with international law and environmental regulations; |
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11.

Warns against the illegitimate exploitation of important natural resources and minerals in EU Member States’ waters or in neighbouring seas; notes that the unmanaged race for marine, natural and mineral resources may have a damaging impact on the marine ecosystem, thus increasing the environmental impact of activities at sea; recalls that the exploitation of marine resources can also lead to an undesirable militarisation of maritime zones; however, emphasises the right of every Member State to engage in the exploration and exploitation of its marine natural resources, in a manner that complies with international law and environmental regulations;

| 12. | Notes that the EU needs to build strong partnerships with third countries and regional organisations in order to ensure the security and the stability of commerce and resource exploitation; highlights the fact that a strong maritime dimension of the CSDP would provide the EU with the ability to act as an effective international arbitrator when needed; |
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12.

Notes that the EU needs to build strong partnerships with third countries and regional organisations in order to ensure the security and the stability of commerce and resource exploitation; highlights the fact that a strong maritime dimension of the CSDP would provide the EU with the ability to act as an effective international arbitrator when needed;

| 13. | Warns that states which are unwilling to cooperate with the international community and abide by international treaties and standards and which have the geographical position to block trade routes, as well as having the technological and military capabilities to do so, are one of the major maritime security concerns at this time; considers that all diplomatic attempts should be made by the EEAS and the HR/VP to engage with them in dialogue and cooperation; |
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13.

Warns that states which are unwilling to cooperate with the international community and abide by international treaties and standards and which have the geographical position to block trade routes, as well as having the technological and military capabilities to do so, are one of the major maritime security concerns at this time; considers that all diplomatic attempts should be made by the EEAS and the HR/VP to engage with them in dialogue and cooperation;

| 14. | Notes that while State-versus-State military confrontations cannot be completely ruled out, direct and indirect risks to the security of the EU are mostly posed by non-conventional threats taking advantage of difficulties in enforcing the law in maritime zones, coastal areas and in general resulting from state failure, state fragility or lack of state control; |
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14.

Notes that while State-versus-State military confrontations cannot be completely ruled out, direct and indirect risks to the security of the EU are mostly posed by non-conventional threats taking advantage of difficulties in enforcing the law in maritime zones, coastal areas and in general resulting from state failure, state fragility or lack of state control;

| 15. | Notes that one of the main threats to EU maritime security is the rise of maritime terrorist activities around the world that directly threaten EU civilian and military vessels, port facilities and energy installations and take advantage of the sea to attack and infiltrate land-based targets; notes that these actors interact with transnational organised criminal networks engaging in illegal activities at sea, such as smuggling, human trafficking, illegal immigration, drugs and weapons trafficking, including the trafficking of small arms, light weapons and WMD components; underlines the fact that such illicit activities worsen political and humanitarian crises, obstruct social and economic development, democracy and the rule of law, fuel deprivation and cause migration, internal displacement of people and immense human suffering; |
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15.

Notes that one of the main threats to EU maritime security is the rise of maritime terrorist activities around the world that directly threaten EU civilian and military vessels, port facilities and energy installations and take advantage of the sea to attack and infiltrate land-based targets; notes that these actors interact with transnational organised criminal networks engaging in illegal activities at sea, such as smuggling, human trafficking, illegal immigration, drugs and weapons trafficking, including the trafficking of small arms, light weapons and WMD components; underlines the fact that such illicit activities worsen political and humanitarian crises, obstruct social and economic development, democracy and the rule of law, fuel deprivation and cause migration, internal displacement of people and immense human suffering;

| 16. | Is alarmed by increasing evidence that terrorist networks and non-state actors are acquiring sophisticated maritime capabilities, including submarine capabilities, radar and detection technologies, as well as having access to logistics data pertaining to the international shipping industry, mining capabilities and Water-Borne Improvised Explosive Devices (WBIEDs), thus significantly improving their threat potential and ability to escape control and indicating an expansion of their activities close to Europe, notably on both sides of the South Atlantic Ocean; |
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16.

Is alarmed by increasing evidence that terrorist networks and non-state actors are acquiring sophisticated maritime capabilities, including submarine capabilities, radar and detection technologies, as well as having access to logistics data pertaining to the international shipping industry, mining capabilities and Water-Borne Improvised Explosive Devices (WBIEDs), thus significantly improving their threat potential and ability to escape control and indicating an expansion of their activities close to Europe, notably on both sides of the South Atlantic Ocean;

| 17. | Considers that the perpetuation of frozen conflicts near various maritime areas, such as the South Caucasus, South Eastern Mediterranean or the Sea of Japan, is one of the leading sources of instability worldwide, endangering transport and energy routes, promoting the weapons trade as well as facilitating the activities of non-state actors such as criminal networks and terrorist cells; |
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17.

Considers that the perpetuation of frozen conflicts near various maritime areas, such as the South Caucasus, South Eastern Mediterranean or the Sea of Japan, is one of the leading sources of instability worldwide, endangering transport and energy routes, promoting the weapons trade as well as facilitating the activities of non-state actors such as criminal networks and terrorist cells;

| 18. | Remains concerned by the piracy along the eastern and western African coastline; points out that pirate attacks (armed robbery, kidnapping of vessels and crews, and money extortion) are seriously hindering freedom of access and flow in those seas and thereby represent a considerable threat to international trade and maritime security; points out that piracy is generally a problem stemming from lack of governance and development of the coastal states concerned; hopes that the EU will build on the achievements of the CSDP operation EUNAVFOR Atalanta to launch CSDP operations to combat piracy elsewhere; |
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18.

Remains concerned by the piracy along the eastern and western African coastline; points out that pirate attacks (armed robbery, kidnapping of vessels and crews, and money extortion) are seriously hindering freedom of access and flow in those seas and thereby represent a considerable threat to international trade and maritime security; points out that piracy is generally a problem stemming from lack of governance and development of the coastal states concerned; hopes that the EU will build on the achievements of the CSDP operation EUNAVFOR Atalanta to launch CSDP operations to combat piracy elsewhere;

| 19. | Warns against the problems posed by piracy, international terrorism and organised crime in general for the security of navigation in vital maritime transit choke points; stresses that some of the most important waterways which ensure global energy supplies are geographically located in or accessed via some of the most unstable maritime zones, as is the case of the Suez Canal, the Strait of Hormuz and the Strait of Malacca; |
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19.

Warns against the problems posed by piracy, international terrorism and organised crime in general for the security of navigation in vital maritime transit choke points; stresses that some of the most important waterways which ensure global energy supplies are geographically located in or accessed via some of the most unstable maritime zones, as is the case of the Suez Canal, the Strait of Hormuz and the Strait of Malacca;

| 20. | Notes that the fight against non-conventional activities needs to rely on the whole range of CSDP instruments, including military, since interventions often take place in highly difficult landscapes, with actors having at their disposal a wide range of dangerous weapons; claims that, following the model of EU action in the Horn of Africa where the EUNAVFOR Atalanta operation and the EUCAP NESTOR operation are ongoing, CSDP operations must be accompanied by the other EU external instruments with a view to addressing the social, economic and political root causes of crises and ensuring sustainable security for the regions concerned; |
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20.

Notes that the fight against non-conventional activities needs to rely on the whole range of CSDP instruments, including military, since interventions often take place in highly difficult landscapes, with actors having at their disposal a wide range of dangerous weapons; claims that, following the model of EU action in the Horn of Africa where the EUNAVFOR Atalanta operation and the EUCAP NESTOR operation are ongoing, CSDP operations must be accompanied by the other EU external instruments with a view to addressing the social, economic and political root causes of crises and ensuring sustainable security for the regions concerned;

| 21. | Notes that irregular migration is likely to continue putting pressure on EU maritime borders, especially in the light of political and economic evolution in the southern neighbourhood and the prospect of continued instability in northern Africa, the Sahel, the Horn of Africa and Sub-Saharan Africa; recalls, however, that migration must not be regarded as a security threat, but rather as a human phenomenon that requires a robust management strategy which combines regional, political and diplomatic cooperation and development policies and investment in regional partnerships; draws attention to the fact that this effort requires the development of maritime capabilities and coastguard activities to patrol and rescue migrants travelling on board illegal vessels; |
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21.

Notes that irregular migration is likely to continue putting pressure on EU maritime borders, especially in the light of political and economic evolution in the southern neighbourhood and the prospect of continued instability in northern Africa, the Sahel, the Horn of Africa and Sub-Saharan Africa; recalls, however, that migration must not be regarded as a security threat, but rather as a human phenomenon that requires a robust management strategy which combines regional, political and diplomatic cooperation and development policies and investment in regional partnerships; draws attention to the fact that this effort requires the development of maritime capabilities and coastguard activities to patrol and rescue migrants travelling on board illegal vessels;

| 22. | Acknowledges that increasing traffic at sea is likely to increase the potential for disasters such as oil spills and other environmental pollution incidents, toxic waste dumping and illegal oil bunkering; stresses that the EU must further develop a strategy that builds on past experience of serious environmental disasters at sea by ensuring that all EU actors, bodies and agencies, in combination with Member State authorities, intervene in a coordinated manner, with a view to creating the appropriate synergies, in a spirit of solidarity and more effective action; |
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22.

Acknowledges that increasing traffic at sea is likely to increase the potential for disasters such as oil spills and other environmental pollution incidents, toxic waste dumping and illegal oil bunkering; stresses that the EU must further develop a strategy that builds on past experience of serious environmental disasters at sea by ensuring that all EU actors, bodies and agencies, in combination with Member State authorities, intervene in a coordinated manner, with a view to creating the appropriate synergies, in a spirit of solidarity and more effective action;

Critical maritime zones

The Mediterranean

| 23. | Underlines the fact that the Mediterranean Sea presents an array of challenges that could potentially threaten the stability of the EU and direct EU interests, particularly given the political upheaval and social and economic hardship likely to persist in some of the coastal states; notes that illegal activities fostered in consequence, such as terrorism and all sorts of illicit trafficking, have an impact on the EU’s maritime security, including the security of energy supplies to the south; believes that investment in maritime regional cooperation is urgently required, and must involve European and regional cooperation, intelligence, surveillance, patrolling and coastguard activities, all of these requiring adequate means of naval power projection; |
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23.

Underlines the fact that the Mediterranean Sea presents an array of challenges that could potentially threaten the stability of the EU and direct EU interests, particularly given the political upheaval and social and economic hardship likely to persist in some of the coastal states; notes that illegal activities fostered in consequence, such as terrorism and all sorts of illicit trafficking, have an impact on the EU’s maritime security, including the security of energy supplies to the south; believes that investment in maritime regional cooperation is urgently required, and must involve European and regional cooperation, intelligence, surveillance, patrolling and coastguard activities, all of these requiring adequate means of naval power projection;

| 24. | Stresses that the Mediterranean is home to a number of regional conflicts involving maritime border disputes and therefore urges the EU to commit itself to avoiding the further escalation of conflict around the Mediterranean, which will amplify existing threats, such as the consequences of the civil war in Syria and the impact on its maritime zone and on that of neighbouring countries, the political instability and lack of governance capacities in Libya, Egypt, and Tunisia, the knock-on effect in neighbouring Morocco and Algeria, which are still at odds over the Western Sahara conflict and directly affected by the escalation of the conflict in Mali and the Sahel region; further alerts to the danger stemming from the interconnectedness of the crises in the Mediterranean and the instability and conflict in the Middle East, the Sahel, the Horn of Africa, West Africa and Sub-Saharan Africa; |
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24.

Stresses that the Mediterranean is home to a number of regional conflicts involving maritime border disputes and therefore urges the EU to commit itself to avoiding the further escalation of conflict around the Mediterranean, which will amplify existing threats, such as the consequences of the civil war in Syria and the impact on its maritime zone and on that of neighbouring countries, the political instability and lack of governance capacities in Libya, Egypt, and Tunisia, the knock-on effect in neighbouring Morocco and Algeria, which are still at odds over the Western Sahara conflict and directly affected by the escalation of the conflict in Mali and the Sahel region; further alerts to the danger stemming from the interconnectedness of the crises in the Mediterranean and the instability and conflict in the Middle East, the Sahel, the Horn of Africa, West Africa and Sub-Saharan Africa;

| 25. | Notes that the recent discoveries of natural gas in the eastern Mediterranean have created a new geopolitical environment and significantly increased the potential for disputes, directly affecting the legitimate interests and sovereign rights of the EU Member States; expresses concern that Turkey, Russia, the US and Israel have increased their naval presence in the Mediterranean; further notes the implications of the unresolved disputes with Turkey in the Aegean and the escalation of tension resulting from the intended exploitation of Greek and Cypriot offshore hydrocarbon reserves; urges the EU, therefore, to act in asserting its position in order to avoid conflict over natural resources in the Mediterranean and consequential security threats for EU Member States in the area, which could ultimately affect the EU as a whole; |
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25.

Notes that the recent discoveries of natural gas in the eastern Mediterranean have created a new geopolitical environment and significantly increased the potential for disputes, directly affecting the legitimate interests and sovereign rights of the EU Member States; expresses concern that Turkey, Russia, the US and Israel have increased their naval presence in the Mediterranean; further notes the implications of the unresolved disputes with Turkey in the Aegean and the escalation of tension resulting from the intended exploitation of Greek and Cypriot offshore hydrocarbon reserves; urges the EU, therefore, to act in asserting its position in order to avoid conflict over natural resources in the Mediterranean and consequential security threats for EU Member States in the area, which could ultimately affect the EU as a whole;

The Baltic Sea

| 26. | Notes that, barring the Russian sea areas, the Baltic Sea is an EU inland sea and a vital traffic route for several coastal states; notes that the stability of the Baltic Sea region and the smooth running of maritime transport depend on reconciling political interests, both of individual EU Member States and between the EU and Russia; notes that the political stability of the Baltic is bound up with matters related to protection of the position of language minorities in coastal states, energy transportation operations, the busy merchant shipping traffic, possible oil tanker accidents, and contamination of fish stocks and the environment; notes that further challenges are posed to maritime safety and security in the Baltic by the chemical weapons on the seabed, dumped after the end of the Second World War, the obsolete nuclear power plants along the shores, possible terrorist attacks on energy shipments, and possible illegal arms shipments via Baltic ports; |
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26.

Notes that, barring the Russian sea areas, the Baltic Sea is an EU inland sea and a vital traffic route for several coastal states; notes that the stability of the Baltic Sea region and the smooth running of maritime transport depend on reconciling political interests, both of individual EU Member States and between the EU and Russia; notes that the political stability of the Baltic is bound up with matters related to protection of the position of language minorities in coastal states, energy transportation operations, the busy merchant shipping traffic, possible oil tanker accidents, and contamination of fish stocks and the environment; notes that further challenges are posed to maritime safety and security in the Baltic by the chemical weapons on the seabed, dumped after the end of the Second World War, the obsolete nuclear power plants along the shores, possible terrorist attacks on energy shipments, and possible illegal arms shipments via Baltic ports;

The Black Sea

| 27. | Believes that today the Black Sea is, in geostrategic terms, one of the most important maritime regions bordering the EU, namely in light of the need to ensure the EU’s energy security and the diversification of its energy supplies; notes that the region bears a high potential for risks in the medium and long term, given its strategic position as an important transport route for goods and energy, its proximity to volatile areas with protracted conflicts, such as the contested territories of Abkhazia and South Ossetia, and the related conflict between Moscow and Tbilisi; underlines the fact that, since the energy security of several EU Member States is heavily dependent on the security of gas and oil routes going through and near the Black Sea, the EU has a strategic interest in deterring the escalation of protracted regional conflicts and in identifying long-lasting solutions to them; points out that, for that purpose, the EU may need, when necessary, to mobilise European naval assets; |
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27.

Believes that today the Black Sea is, in geostrategic terms, one of the most important maritime regions bordering the EU, namely in light of the need to ensure the EU’s energy security and the diversification of its energy supplies; notes that the region bears a high potential for risks in the medium and long term, given its strategic position as an important transport route for goods and energy, its proximity to volatile areas with protracted conflicts, such as the contested territories of Abkhazia and South Ossetia, and the related conflict between Moscow and Tbilisi; underlines the fact that, since the energy security of several EU Member States is heavily dependent on the security of gas and oil routes going through and near the Black Sea, the EU has a strategic interest in deterring the escalation of protracted regional conflicts and in identifying long-lasting solutions to them; points out that, for that purpose, the EU may need, when necessary, to mobilise European naval assets;

| 28. | Recalls its resolution of 20 January 2011 on an EU Strategy for the Black Sea (12), and reiterates the need for the EU to play a more active role in shaping the Black Sea security environment; calls again on the Commission and the EEAS to draw up a strategy for the Black Sea region that effectively addresses maritime security and safety challenges; |
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28.

Recalls its resolution of 20 January 2011 on an EU Strategy for the Black Sea (12), and reiterates the need for the EU to play a more active role in shaping the Black Sea security environment; calls again on the Commission and the EEAS to draw up a strategy for the Black Sea region that effectively addresses maritime security and safety challenges;

| 29. | Highlights the need for an enhanced dialogue with strategic partners on conflict prevention and resolution but also stresses the importance of engaging in regional multilateral initiatives such as the Black Sea Synergy in order to tackle threats such as criminal networks involved in human, drugs and weapons trafficking or problems such as illegal fishing and environmental degradation; |
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29.

Highlights the need for an enhanced dialogue with strategic partners on conflict prevention and resolution but also stresses the importance of engaging in regional multilateral initiatives such as the Black Sea Synergy in order to tackle threats such as criminal networks involved in human, drugs and weapons trafficking or problems such as illegal fishing and environmental degradation;

The Atlantic Ocean and West Africa

| 30. | Notes that the Atlantic Ocean is Europe’s lifeline for trade; is concerned that the Atlantic, and in particular the Caribbean zone, is a route used for the transit of drugs coming from South America; is worried by the fact that the development of economic activities in the coming decades, notably with the enlargement of the Panama canal, could foster the rise of criminal activities in the zone; |
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30.

Notes that the Atlantic Ocean is Europe’s lifeline for trade; is concerned that the Atlantic, and in particular the Caribbean zone, is a route used for the transit of drugs coming from South America; is worried by the fact that the development of economic activities in the coming decades, notably with the enlargement of the Panama canal, could foster the rise of criminal activities in the zone;

| 31. | Believes that the West African coast, and specifically the Gulf of Guinea, today hosts some of the most substantial impending threats against Europe; is deeply concerned that along the West African coastline serious challenges are developing in relation to criminal activity, trafficking of drugs, human beings and weapons; concurrently, Gulf of Guinea countries are increasingly an operating ground for regional terrorist networks, such as Boko Haram in Nigeria, whose actions spill over to neighbours and which are linked to networks with global outreach, such as Al-Qaeda in the Islamic Maghreb, as the crisis in Mali is vividly illustrating; |
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31.

Believes that the West African coast, and specifically the Gulf of Guinea, today hosts some of the most substantial impending threats against Europe; is deeply concerned that along the West African coastline serious challenges are developing in relation to criminal activity, trafficking of drugs, human beings and weapons; concurrently, Gulf of Guinea countries are increasingly an operating ground for regional terrorist networks, such as Boko Haram in Nigeria, whose actions spill over to neighbours and which are linked to networks with global outreach, such as Al-Qaeda in the Islamic Maghreb, as the crisis in Mali is vividly illustrating;

| 32. | Notes with concern that countries in the Gulf of Guinea are subject to continued political instability, some facing state failure, as is the case of Guinea-Bissau, which has become a platform for drug trafficking originating in Latin America and targeting Europe; |
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32.

Notes with concern that countries in the Gulf of Guinea are subject to continued political instability, some facing state failure, as is the case of Guinea-Bissau, which has become a platform for drug trafficking originating in Latin America and targeting Europe;

| 33. | Notes that the region is also an important energy provider, since Gulf of Guinea countries currently account for 13 % of oil and 6 % of gas imports to the EU, with Nigeria being responsible for 5,8 % of total EU oil imports; expects the importance of the region to increase as a result of recent discoveries of offshore oil and gas reserves; worries, therefore, that competition for offshore natural resources may bring with it further conflict and criminal activity; |
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33.

Notes that the region is also an important energy provider, since Gulf of Guinea countries currently account for 13 % of oil and 6 % of gas imports to the EU, with Nigeria being responsible for 5,8 % of total EU oil imports; expects the importance of the region to increase as a result of recent discoveries of offshore oil and gas reserves; worries, therefore, that competition for offshore natural resources may bring with it further conflict and criminal activity;

| 34. | Points out that instability, terrorism and criminality off the West African coast are deeply linked to instability in the Sahel region as a whole; urges the EU, therefore, in the context of the CSDP civilian mission EUCAP Sahel Niger, to integrate counter-terrorism efforts in the Sahel region in a regional and comprehensive strategy to fight threats at sea off the West African coast, in particular in the Gulf of Guinea; in this connection, calls on the EU to ensure coordination between the two CSDP missions in the region — EUCAP Sahel Niger and EUTM Mali — as well as with the efforts on the mainland and those at sea, in order to fight terrorism and other organised crime in the region; |
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34.

Points out that instability, terrorism and criminality off the West African coast are deeply linked to instability in the Sahel region as a whole; urges the EU, therefore, in the context of the CSDP civilian mission EUCAP Sahel Niger, to integrate counter-terrorism efforts in the Sahel region in a regional and comprehensive strategy to fight threats at sea off the West African coast, in particular in the Gulf of Guinea; in this connection, calls on the EU to ensure coordination between the two CSDP missions in the region — EUCAP Sahel Niger and EUTM Mali — as well as with the efforts on the mainland and those at sea, in order to fight terrorism and other organised crime in the region;

| 35. | Welcomes the announcement by the Commission of the Critical Maritime Routes in the Gulf of Guinea Programme (CRIMGO), which is aimed at improving the safety of the waters of the Gulf of Guinea by providing training for coastguards and setting up a network of information-sharing among the authorities of seven coastal states of West Africa, to be funded by the Instrument for Stability; calls for the swift implementation of CRIMGO off the West African coast; calls also for specific mechanisms for cooperation to be set up to link this Commission-funded programme and the CSDP missions EUCAP Sahel Niger and EUTM Mali, whose undertakings are intrinsically linked to the causes of instability off the Gulf of Guinea; |
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35.

Welcomes the announcement by the Commission of the Critical Maritime Routes in the Gulf of Guinea Programme (CRIMGO), which is aimed at improving the safety of the waters of the Gulf of Guinea by providing training for coastguards and setting up a network of information-sharing among the authorities of seven coastal states of West Africa, to be funded by the Instrument for Stability; calls for the swift implementation of CRIMGO off the West African coast; calls also for specific mechanisms for cooperation to be set up to link this Commission-funded programme and the CSDP missions EUCAP Sahel Niger and EUTM Mali, whose undertakings are intrinsically linked to the causes of instability off the Gulf of Guinea;

| 36. | Stresses that there is a need to enhance the effectiveness of EU activities in the Gulf of Guinea; suggests that specific synergies be created in order to bring added value from the articulation of existing EU instruments and structures such as the European Maritime Safety Agency (EMSA); |
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36.

Stresses that there is a need to enhance the effectiveness of EU activities in the Gulf of Guinea; suggests that specific synergies be created in order to bring added value from the articulation of existing EU instruments and structures such as the European Maritime Safety Agency (EMSA);

| 37. | Calls on the HR/VP to map EU Member States’ and ACP partners’ facilities in strategic locations — such as the Lajes Air Base in the Azores, Portugal, and the Cape Verde islands — which may be used to develop specific naval and air operations to counter proliferation, terrorism, piracy and organised crime in the Gulf of Guinea and wider South Atlantic Ocean, in a three-way partnership involving transatlantic cooperation with the US, Canada, Brazil and other Latin American countries as well as EU-African Union cooperation; |
| --- | --- |

37.

Calls on the HR/VP to map EU Member States’ and ACP partners’ facilities in strategic locations — such as the Lajes Air Base in the Azores, Portugal, and the Cape Verde islands — which may be used to develop specific naval and air operations to counter proliferation, terrorism, piracy and organised crime in the Gulf of Guinea and wider South Atlantic Ocean, in a three-way partnership involving transatlantic cooperation with the US, Canada, Brazil and other Latin American countries as well as EU-African Union cooperation;

The Gulf of Aden and the West Indian Ocean

| 38. | Points out that, because of piracy, the Gulf of Aden is today one of the most dangerous maritime areas in the world; recalls that piracy is a special form of organised crime that calls for a special, comprehensive and holistic approach which addresses the causal relationship between piracy and social, political and economic governance, as the Horn of Africa and Somalia contexts demonstrate in particular; notes that tracing the money flow from ransom payments, dismantling criminal networks and prosecuting the perpetrators are also crucial components of the fight against piracy and can only be achieved by reaping the benefits of cooperation between Member State authorities, Europol and Interpol; notes that herein lies a concrete link between external security policy and internal law enforcement; |
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38.

Points out that, because of piracy, the Gulf of Aden is today one of the most dangerous maritime areas in the world; recalls that piracy is a special form of organised crime that calls for a special, comprehensive and holistic approach which addresses the causal relationship between piracy and social, political and economic governance, as the Horn of Africa and Somalia contexts demonstrate in particular; notes that tracing the money flow from ransom payments, dismantling criminal networks and prosecuting the perpetrators are also crucial components of the fight against piracy and can only be achieved by reaping the benefits of cooperation between Member State authorities, Europol and Interpol; notes that herein lies a concrete link between external security policy and internal law enforcement;

| 39. | Welcomes the creation of the civilian CSDP mission EUCAP Nestor that is designed to strengthen maritime capabilities in the Horn of Africa and the Western Indian Ocean, and which aims to provide a more sustainable and local contribution to achieving the objectives of operation EUNAVFOR Atalanta; |
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39.

Welcomes the creation of the civilian CSDP mission EUCAP Nestor that is designed to strengthen maritime capabilities in the Horn of Africa and the Western Indian Ocean, and which aims to provide a more sustainable and local contribution to achieving the objectives of operation EUNAVFOR Atalanta;

| 40. | Highlights the recent success achieved by EUNAVFOR Atalanta — which must continue — in curbing the occurrence of pirate attacks in the western Indian Ocean and in enhancing the credibility of the CSDP; notes that Operation Atalanta is the first ever CSDP naval mission and that it should constitute a model for the further development and implementation of the maritime dimension of the CDSP, taking stock of its successes, its shortcomings and lessons learned; welcomes the positive role taken by the EU with EUNAVFOR Atalanta in the SHADE (Shared Awareness and De-confliction) mechanism in promoting coordination between the multinational, national and regional naval forces operating in the area, and notably with NATO’s operation Ocean Shield; also welcomes the good cooperation between EU agencies (such as the EU Satellite centre SatCen and EMSA) and third actors, particularly in the field of satellite vessel imagery interpretation, even when there are no formal arrangements underpinning such cooperation; calls on the EU to formalise the bridging among existing EU tools and bodies, such as that developed among Atalanta, EMSA and SatCen, so as to avoid duplication of tasks, resources and expertise and to reap the clear operational benefits of such synergies; |
| --- | --- |

40.

Highlights the recent success achieved by EUNAVFOR Atalanta — which must continue — in curbing the occurrence of pirate attacks in the western Indian Ocean and in enhancing the credibility of the CSDP; notes that Operation Atalanta is the first ever CSDP naval mission and that it should constitute a model for the further development and implementation of the maritime dimension of the CDSP, taking stock of its successes, its shortcomings and lessons learned; welcomes the positive role taken by the EU with EUNAVFOR Atalanta in the SHADE (Shared Awareness and De-confliction) mechanism in promoting coordination between the multinational, national and regional naval forces operating in the area, and notably with NATO’s operation Ocean Shield; also welcomes the good cooperation between EU agencies (such as the EU Satellite centre SatCen and EMSA) and third actors, particularly in the field of satellite vessel imagery interpretation, even when there are no formal arrangements underpinning such cooperation; calls on the EU to formalise the bridging among existing EU tools and bodies, such as that developed among Atalanta, EMSA and SatCen, so as to avoid duplication of tasks, resources and expertise and to reap the clear operational benefits of such synergies;

| 41. | Stresses that the comprehensive approach concept, which in this particular case stems from the Strategic Framework Strategy for the Horn of Africa, is evident in the combination of the three ongoing CSDP missions in the region (EUNAVFOR Atalanta, EU Training Mission in Somalia and EUCAP Nestor), flanked by political engagement and development policies; welcomes the activation of the EU Operations Centre, with the aim of facilitating the coordination and strengthening the synergies among these missions, which represents a significant step in the development of CSDP; points out that this example of complementarity and coordination should inspire other such actions where CSDP missions and operations are engaged in response to a multifaceted problem; notes that a permanent military planning and conduct capability could only further enhance the integration of any naval component in CSDP missions and operations; |
| --- | --- |

41.

Stresses that the comprehensive approach concept, which in this particular case stems from the Strategic Framework Strategy for the Horn of Africa, is evident in the combination of the three ongoing CSDP missions in the region (EUNAVFOR Atalanta, EU Training Mission in Somalia and EUCAP Nestor), flanked by political engagement and development policies; welcomes the activation of the EU Operations Centre, with the aim of facilitating the coordination and strengthening the synergies among these missions, which represents a significant step in the development of CSDP; points out that this example of complementarity and coordination should inspire other such actions where CSDP missions and operations are engaged in response to a multifaceted problem; notes that a permanent military planning and conduct capability could only further enhance the integration of any naval component in CSDP missions and operations;

| 42. | Acknowledges the on-board protective measures set up by shipping companies; supports the recent requests from the maritime industry for private maritime security firms to be regulated and renews its call, firstly, on the International Maritime Organisation, flag states, and the maritime industry to work together to draw up a code of conduct laying down clear, consistent, and enforceable internationally agreed standards governing the use of privately contracted armed security guards on ships and, secondly, on private maritime security firms to act strictly in accordance with those standards; |
| --- | --- |

42.

Acknowledges the on-board protective measures set up by shipping companies; supports the recent requests from the maritime industry for private maritime security firms to be regulated and renews its call, firstly, on the International Maritime Organisation, flag states, and the maritime industry to work together to draw up a code of conduct laying down clear, consistent, and enforceable internationally agreed standards governing the use of privately contracted armed security guards on ships and, secondly, on private maritime security firms to act strictly in accordance with those standards;

The Arctic

| 43. | Stresses that the opening of the Arctic sea passages is a direct consequence of climate change, and highlights the fact that, first and foremost, the EU should invest itself in the preservation and conservation of the region and its critical environmental assets while ensuring that Arctic resources are utilised sustainably and in a manner that respects local populations; underlines the importance of overall stability and peace in the region; stresses, therefore, the need for a united, coordinated EU policy on the region, in which the EU’s priorities, potential challenges and strategy are clearly defined; highlights the fact that, alongside the Danish, Finnish, and Swedish interests in the Arctic, a future accession of Iceland to the EU would deepen the Union’s transformation into an Arctic coastal entity, underlining the need for an ever more coordinated Arctic policy at EU level; welcomes, in this regard, the aforementioned Joint Communication entitled ‘Developing a European Union Policy towards the Arctic Region: progress since 2008 and next steps’ and reiterates the need for a policy dialogue with all partners in the region, including Russia; |
| --- | --- |

43.

Stresses that the opening of the Arctic sea passages is a direct consequence of climate change, and highlights the fact that, first and foremost, the EU should invest itself in the preservation and conservation of the region and its critical environmental assets while ensuring that Arctic resources are utilised sustainably and in a manner that respects local populations; underlines the importance of overall stability and peace in the region; stresses, therefore, the need for a united, coordinated EU policy on the region, in which the EU’s priorities, potential challenges and strategy are clearly defined; highlights the fact that, alongside the Danish, Finnish, and Swedish interests in the Arctic, a future accession of Iceland to the EU would deepen the Union’s transformation into an Arctic coastal entity, underlining the need for an ever more coordinated Arctic policy at EU level; welcomes, in this regard, the aforementioned Joint Communication entitled ‘Developing a European Union Policy towards the Arctic Region: progress since 2008 and next steps’ and reiterates the need for a policy dialogue with all partners in the region, including Russia;

| 44. | Underlines the importance of the new trade routes through Arctic sea passages, including for the EU and its Member States’ economies; underlines the fact that the EU and its Member States should actively uphold the freedom of the seas and the right to free passage through international waterways; stresses that existing long-standing territorial disputes between Arctic states should be resolved peacefully and calls for greater EU involvement in the region and an assessment of what tools and capabilities might be needed to respond to conflict in the area; highlights, in any case, the need to avoid the militarisation of the Arctic; calls on the Commission to put forward proposals as to how the Galileo Project could benefit EU Arctic policy and how it could be developed to enable safer navigation in Arctic waters, thus investing in the safety and accessibility of the North East Passage in particular; |
| --- | --- |

44.

Underlines the importance of the new trade routes through Arctic sea passages, including for the EU and its Member States’ economies; underlines the fact that the EU and its Member States should actively uphold the freedom of the seas and the right to free passage through international waterways; stresses that existing long-standing territorial disputes between Arctic states should be resolved peacefully and calls for greater EU involvement in the region and an assessment of what tools and capabilities might be needed to respond to conflict in the area; highlights, in any case, the need to avoid the militarisation of the Arctic; calls on the Commission to put forward proposals as to how the Galileo Project could benefit EU Arctic policy and how it could be developed to enable safer navigation in Arctic waters, thus investing in the safety and accessibility of the North East Passage in particular;

The Pacific Ocean

| 45. | Underlines the global importance of the Pacific Ocean, and notably of the South China Sea through which one third of the world’s trade is transported; is alarmed at the escalating tension, and urgently appeals to all the parties involved to refrain from unilateral political and military actions, to tone down statements and to settle their conflicting territorial claims in the South China Sea by means of international arbitration, in accordance with international law, in particular UNCLOS, in order to ensure regional stability and the freedom and safety of navigation in the South China Sea; |
| --- | --- |

45.

Underlines the global importance of the Pacific Ocean, and notably of the South China Sea through which one third of the world’s trade is transported; is alarmed at the escalating tension, and urgently appeals to all the parties involved to refrain from unilateral political and military actions, to tone down statements and to settle their conflicting territorial claims in the South China Sea by means of international arbitration, in accordance with international law, in particular UNCLOS, in order to ensure regional stability and the freedom and safety of navigation in the South China Sea;

| 46. | Considers that a way forward for a possible peaceful resolution of the tension in the areas of the South and East China Seas is the negotiation and joint implementation of codes of conduct for the peaceful exploitation of the maritime areas in question, including the establishment of safe trade routes and quotas for fishing or attribution of areas for resource exploration; |
| --- | --- |

46.

Considers that a way forward for a possible peaceful resolution of the tension in the areas of the South and East China Seas is the negotiation and joint implementation of codes of conduct for the peaceful exploitation of the maritime areas in question, including the establishment of safe trade routes and quotas for fishing or attribution of areas for resource exploration;

| 47. | Calls on the HR/VP to identify the risks to peace and security if tension and armed conflict were to escalate in the East and the South China Seas; |
| --- | --- |

47.

Calls on the HR/VP to identify the risks to peace and security if tension and armed conflict were to escalate in the East and the South China Seas;

| 48. | Notes that certain states, notably Australia, are already significantly active politically in the Pacific and that the EU should rely on bilateral and multilateral cooperation in order to ensure security and safety in the region; |
| --- | --- |

48.

Notes that certain states, notably Australia, are already significantly active politically in the Pacific and that the EU should rely on bilateral and multilateral cooperation in order to ensure security and safety in the region;

| 49. | Stresses the importance of the enlargement of the Panama Canal, which should be completed in 2014, for changing the geostrategic maritime balance and the extraordinary opportunities that this will open up to the EU and Member States; warns that Member States’ shipping and port infrastructures should be prepared to face the predictable increase in maritime commercial flows and the security and safety risks entailed, arising inter alia from additional environmental stress and criminal activity; emphasises that this connection between the Pacific and the Atlantic Oceans could become a significant alternative transport route from Asia to Europe and vice-versa via the west; |
| --- | --- |

49.

Stresses the importance of the enlargement of the Panama Canal, which should be completed in 2014, for changing the geostrategic maritime balance and the extraordinary opportunities that this will open up to the EU and Member States; warns that Member States’ shipping and port infrastructures should be prepared to face the predictable increase in maritime commercial flows and the security and safety risks entailed, arising inter alia from additional environmental stress and criminal activity; emphasises that this connection between the Pacific and the Atlantic Oceans could become a significant alternative transport route from Asia to Europe and vice-versa via the west;

Existing tools and capability development

| 50. | Strongly believes that the financial and economic crisis should be seen as an opportunity to implement the ‘Pooling and Sharing’ initiative in the field of maritime capability generation in a truly European manner, in particular by taking advantage of the LeaderSHIP 2020 initiative and fostering networking between operators in the shipbuilding and repair sector and the ancillary industries, which can contribute to maintaining credible military capabilities and is the only way to guarantee that Europe is able and fit to meet global security challenges affecting both its waters and its naval capabilities; |
| --- | --- |

50.

Strongly believes that the financial and economic crisis should be seen as an opportunity to implement the ‘Pooling and Sharing’ initiative in the field of maritime capability generation in a truly European manner, in particular by taking advantage of the LeaderSHIP 2020 initiative and fostering networking between operators in the shipbuilding and repair sector and the ancillary industries, which can contribute to maintaining credible military capabilities and is the only way to guarantee that Europe is able and fit to meet global security challenges affecting both its waters and its naval capabilities;

| 51. | Regrets the fact, however, that EU Member States have been imposing severe cuts in national defence budgets in response to the financial crisis and economic slowdown, and that such cuts, which are mostly uncoordinated at EU level and disregard the European Security Strategy, may entail serious consequences for the Union’s ability and preparedness to face maritime and other security challenges and meet international obligations, and hinder its role as provider of global security; |
| --- | --- |

51.

Regrets the fact, however, that EU Member States have been imposing severe cuts in national defence budgets in response to the financial crisis and economic slowdown, and that such cuts, which are mostly uncoordinated at EU level and disregard the European Security Strategy, may entail serious consequences for the Union’s ability and preparedness to face maritime and other security challenges and meet international obligations, and hinder its role as provider of global security;

| 52. | Stresses that the ‘Pooling and Sharing’ priority put forth by the EU to bring about more coordination, smarter defence spending and greater economies of scale among the Member States, has yet to deliver results, including in the field of maritime security capabilities; |
| --- | --- |

52.

Stresses that the ‘Pooling and Sharing’ priority put forth by the EU to bring about more coordination, smarter defence spending and greater economies of scale among the Member States, has yet to deliver results, including in the field of maritime security capabilities;

| 53. | Commends the work of the EDA in laying the groundwork for achieving ‘Pooling and Sharing’ through harmonising requirements and projects as regards naval training and logistics; welcomes the Wise Pen team’s 2012 study of maritime requirements and capabilities; in light of the EDA’s mandate and expertise, urges the Members States to resort to its advice and technical assistance when faced with the need to cut defence budgets, so as to avoid compromising strategic capability development across the EU, which needs to address gaps and shortfalls in a coordinated manner; encourages Member States to work with the EDA to identify capability needs, particularly civilian, military and dual-use capabilities in the maritime domain; urges the HR/VP, assisted by the EDA and DG Maritime Affairs and Fisheries, to identify all naval and maritime assets that meet the maritime capabilities and requirements of 2012 and which are at risk of being lost by EU Member States as a result of financial and economic constraints, and to look at ways to preserve them and put them at the service of the EU Integrated Maritime Policy and the future EMSS; |
| --- | --- |

53.

Commends the work of the EDA in laying the groundwork for achieving ‘Pooling and Sharing’ through harmonising requirements and projects as regards naval training and logistics; welcomes the Wise Pen team’s 2012 study of maritime requirements and capabilities; in light of the EDA’s mandate and expertise, urges the Members States to resort to its advice and technical assistance when faced with the need to cut defence budgets, so as to avoid compromising strategic capability development across the EU, which needs to address gaps and shortfalls in a coordinated manner; encourages Member States to work with the EDA to identify capability needs, particularly civilian, military and dual-use capabilities in the maritime domain; urges the HR/VP, assisted by the EDA and DG Maritime Affairs and Fisheries, to identify all naval and maritime assets that meet the maritime capabilities and requirements of 2012 and which are at risk of being lost by EU Member States as a result of financial and economic constraints, and to look at ways to preserve them and put them at the service of the EU Integrated Maritime Policy and the future EMSS;

| 54. | Recalls that dual-use capabilities are necessary for the implementation of the CSDP, in light of the complex security challenges in today’s world; stresses that the current crises in the Sahel and the Horn of Africa have highlighted the need for a comprehensive approach that harnesses, on the one hand, the full range of civilian-military engagement and, on the other, dual-use equipment and capacities, including European naval capabilities and civilian and military shipbuilding capacities ensuring vessel security and resilience; invites the Member States to work with the appropriate EU bodies and agencies, notably the Commission, the EDA and the European Space Agency (ESA) in seeking EU funding for dual-use capability development, which is a way to fill in capability gaps at the national, regional and Union level; recalls the dual-use potential of the Galileo programme and its value for the implementation and effectiveness of CSDP operations, particularly in the maritime domain; stresses nonetheless that priority should be given to more transparency, efficiency and multilateral approaches in the field of capability development; |
| --- | --- |

54.

Recalls that dual-use capabilities are necessary for the implementation of the CSDP, in light of the complex security challenges in today’s world; stresses that the current crises in the Sahel and the Horn of Africa have highlighted the need for a comprehensive approach that harnesses, on the one hand, the full range of civilian-military engagement and, on the other, dual-use equipment and capacities, including European naval capabilities and civilian and military shipbuilding capacities ensuring vessel security and resilience; invites the Member States to work with the appropriate EU bodies and agencies, notably the Commission, the EDA and the European Space Agency (ESA) in seeking EU funding for dual-use capability development, which is a way to fill in capability gaps at the national, regional and Union level; recalls the dual-use potential of the Galileo programme and its value for the implementation and effectiveness of CSDP operations, particularly in the maritime domain; stresses nonetheless that priority should be given to more transparency, efficiency and multilateral approaches in the field of capability development;

| 55. | Recalls the need for the consolidation of an EU-based and EU-funded technological base in the field of defence, including naval construction and equipment production capabilities; recalls, in light of the current economic and financial crisis, that the inception of, and support for, capable, self-sustainable European defence industries means the creation of jobs and growth; calls for a more qualitative dialogue with industrial stakeholders, as the development of naval capacities entails many years of commitment; stresses the need for EU Member States and the industry to rationalise and harmonise standards to ensure European operational compatibility in the field of maritime and naval capabilities, including communication systems and technology; |
| --- | --- |

55.

Recalls the need for the consolidation of an EU-based and EU-funded technological base in the field of defence, including naval construction and equipment production capabilities; recalls, in light of the current economic and financial crisis, that the inception of, and support for, capable, self-sustainable European defence industries means the creation of jobs and growth; calls for a more qualitative dialogue with industrial stakeholders, as the development of naval capacities entails many years of commitment; stresses the need for EU Member States and the industry to rationalise and harmonise standards to ensure European operational compatibility in the field of maritime and naval capabilities, including communication systems and technology;

| 56. | Believes that the EDA’s Maritime Surveillance Networking (MARSUR) constitutes one such innovation, which brings added value to the development of the maritime dimension of the CSDP; strongly urges that appropriate fields of cooperation be established between MARSUR and other EU projects aiming at developing maritime surveillance, such as Copernicus — The European Earth Observation Programme (former GMES — Global Monitoring for Environment and Security), projects for marine and security services or EMSA’s work in maritime surveillance; |
| --- | --- |

56.

Believes that the EDA’s Maritime Surveillance Networking (MARSUR) constitutes one such innovation, which brings added value to the development of the maritime dimension of the CSDP; strongly urges that appropriate fields of cooperation be established between MARSUR and other EU projects aiming at developing maritime surveillance, such as Copernicus — The European Earth Observation Programme (former GMES — Global Monitoring for Environment and Security), projects for marine and security services or EMSA’s work in maritime surveillance;

| 57. | Takes the view that the work developed by EMSA, ESA and the Copernicus programme can further serve to implement the maritime dimension of the CSDP, and should be formally put to that use; emphasises that their expertise puts them in an excellent position to provide services and support to ongoing CSDP missions in matters of surveillance, patrolling activities or the collection, study and dissemination of satellite information, inspired by the partnership developed, albeit informally, between EMSA and operation EUNAVFOR Atalanta; |
| --- | --- |

57.

Takes the view that the work developed by EMSA, ESA and the Copernicus programme can further serve to implement the maritime dimension of the CSDP, and should be formally put to that use; emphasises that their expertise puts them in an excellent position to provide services and support to ongoing CSDP missions in matters of surveillance, patrolling activities or the collection, study and dissemination of satellite information, inspired by the partnership developed, albeit informally, between EMSA and operation EUNAVFOR Atalanta;

| 58. | Calls for the creation of a truly European coastguard function, based on the experience already gained by Frontex and the European Patrol Network, to which distinct governmental bodies and entities provide capabilities, acting within a remit of case-law stemming from Justice and Home Affairs cooperation, aimed at protecting EU borders, European citizens and the lives of people in danger on the coastal waters of the Union; |
| --- | --- |

58.

Calls for the creation of a truly European coastguard function, based on the experience already gained by Frontex and the European Patrol Network, to which distinct governmental bodies and entities provide capabilities, acting within a remit of case-law stemming from Justice and Home Affairs cooperation, aimed at protecting EU borders, European citizens and the lives of people in danger on the coastal waters of the Union;

| 59. | Commends the work done in the framework of the development of the Common Information Sharing Environment (CISE) to achieve an effective European maritime surveillance capacity; calls therefore on the EU to invest meaningfully in further developing the CISE framework, inspired by the experience gained with projects such as the MARSUNO, the BluemassMed and EUROSUR, with a view to being prepared to track, monitor and respond to maritime challenges in EU Member States’ waters or in the vicinity of the EU; |
| --- | --- |

59.

Commends the work done in the framework of the development of the Common Information Sharing Environment (CISE) to achieve an effective European maritime surveillance capacity; calls therefore on the EU to invest meaningfully in further developing the CISE framework, inspired by the experience gained with projects such as the MARSUNO, the BluemassMed and EUROSUR, with a view to being prepared to track, monitor and respond to maritime challenges in EU Member States’ waters or in the vicinity of the EU;

| 60. | Given that EU and NATO members have only one set of naval forces, calls for greater strategic coordination between the two organisations on maritime security; is of the view that the future EU Maritime Security Strategy should be independent of, yet complementary to, that of the Alliance in order to help tackle a maximum number of the abovementioned challenges while ensuring optimal use of the limited maritime assets; welcomes the positive results arising from the co-location of the two organisations’ Operational Headquarters at Northwood; believes that the EU should focus on the clear added value stemming from its comprehensive approach to dealing with multifaceted challenges, as demonstrated in the case of the diplomatic, financial and judicial follow-up to Atalanta’s effective fight against piracy; calls for further improvements in information-sharing between NATO and the EU, as well as enhanced coordination with other international actors; |
| --- | --- |

60.

Given that EU and NATO members have only one set of naval forces, calls for greater strategic coordination between the two organisations on maritime security; is of the view that the future EU Maritime Security Strategy should be independent of, yet complementary to, that of the Alliance in order to help tackle a maximum number of the abovementioned challenges while ensuring optimal use of the limited maritime assets; welcomes the positive results arising from the co-location of the two organisations’ Operational Headquarters at Northwood; believes that the EU should focus on the clear added value stemming from its comprehensive approach to dealing with multifaceted challenges, as demonstrated in the case of the diplomatic, financial and judicial follow-up to Atalanta’s effective fight against piracy; calls for further improvements in information-sharing between NATO and the EU, as well as enhanced coordination with other international actors;

| 61. | Regrets the fact that the situation which persists today is one of duplication, overlap, waste of resources and turf war among EU bodies and agencies working in the field of maritime security; urges the EU to further study ways in which it can reduce the administrative and financial burden stemming from useless overlap of functions, expertise, equipment and resources among several EU bodies and actors, thus enabling the HR/VP to assert her coordinating function; |
| --- | --- |

61.

Regrets the fact that the situation which persists today is one of duplication, overlap, waste of resources and turf war among EU bodies and agencies working in the field of maritime security; urges the EU to further study ways in which it can reduce the administrative and financial burden stemming from useless overlap of functions, expertise, equipment and resources among several EU bodies and actors, thus enabling the HR/VP to assert her coordinating function;

| 62. | In this light, calls for coordination and articulation efforts to be mainstreamed into the EU Maritime Security Strategy, in which clear guidelines should be outlined for specific cooperation between relevant Commission Directorates-General, including Maritime Affairs and Fisheries, Home Affairs, Justice, Enterprise and Industry, Mobility and Transport, Taxation and Customs Union, Research and Innovation, and Development, as well as the European External Action Service and the Service for Foreign Policy Instruments; the same should be done for inter-agency cooperation between the EDA, EMSA, SatCen, Europol, Frontex, the EU Military Staff, the Crisis Management and Planning Directorate, the EU Intelligence Analysis Centre and the relevant authorities in the Member States; |
| --- | --- |

62.

In this light, calls for coordination and articulation efforts to be mainstreamed into the EU Maritime Security Strategy, in which clear guidelines should be outlined for specific cooperation between relevant Commission Directorates-General, including Maritime Affairs and Fisheries, Home Affairs, Justice, Enterprise and Industry, Mobility and Transport, Taxation and Customs Union, Research and Innovation, and Development, as well as the European External Action Service and the Service for Foreign Policy Instruments; the same should be done for inter-agency cooperation between the EDA, EMSA, SatCen, Europol, Frontex, the EU Military Staff, the Crisis Management and Planning Directorate, the EU Intelligence Analysis Centre and the relevant authorities in the Member States;

| 63. | Welcomes the activities of the Chiefs of European Navies (CHENS) in promoting understanding between European navies and examining issues of mutual interest; calls for the results of the CHENS annual meetings and its specialised working groups to nourish the EU Maritime Security Strategy and its implementation at the CSDP level in order to foster further cooperation and ensure an integrated and effective approach; |
| --- | --- |

63.

Welcomes the activities of the Chiefs of European Navies (CHENS) in promoting understanding between European navies and examining issues of mutual interest; calls for the results of the CHENS annual meetings and its specialised working groups to nourish the EU Maritime Security Strategy and its implementation at the CSDP level in order to foster further cooperation and ensure an integrated and effective approach;

| 64. | Invites the forthcoming Defence European Council in December 2013 to adopt an EU Maritime Security Strategy that includes the views of the European Parliament as expressed in this report; reminds the Member States that today’s world and, particularly, its challenges and threats call for consistent, coherent and cogent action to protect the 500 million EU citizens; recalls that these challenges also demand an EU foreign policy that is founded on the need for, and promotion of, peace and security worldwide; |
| --- | --- |

64.

Invites the forthcoming Defence European Council in December 2013 to adopt an EU Maritime Security Strategy that includes the views of the European Parliament as expressed in this report; reminds the Member States that today’s world and, particularly, its challenges and threats call for consistent, coherent and cogent action to protect the 500 million EU citizens; recalls that these challenges also demand an EU foreign policy that is founded on the need for, and promotion of, peace and security worldwide;

o

o o

| 65. | Instructs its President to forward this resolution to the President of the European Council, the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission, the Council, the Commission, the parliaments of the Member States, the Secretary-General of NATO and the President of the NATO Parliamentary Assembly. |
| --- | --- |

65.

Instructs its President to forward this resolution to the President of the European Council, the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission, the Council, the Commission, the parliaments of the Member States, the Secretary-General of NATO and the President of the NATO Parliamentary Assembly.

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(1)  Texts adopted, P7_TA(2013)0006.

(2)  JOIN(2012)0039 — 2012/0370(NLE)

(3)  OJ C 136 E, 11.5.2012, p. 71.

(4)  JOIN(2012)0019.

(5)  OJ L 301, 12.11.2008, p. 33.

(6)  OJ L 187, 17.7.2012, p. 40.

(7)  OJ C 99 E, 3.4.2012, p. 7.

(8)  Texts adopted, P7_TA(2012)0455.

(9)  Texts adopted, P7_TA(2013)0097.

(10)  OJ C 15 E, 21.1.2010, p. 61.

(11)  Texts adopted, P7_TA(2012)0203.

(12)  OJ C 136 E, 11.5.2012, p. 81.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/144 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/144

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P7_TA(2013)0381

EU's military structures: state of play and future prospects

European Parliament resolution of 12 September 2013 on EU’s military structures: state of play and future prospects (2012/2319(INI))

(2016/C 093/21)

The European Parliament,

| — | having regard to Title V of the Treaty on European Union (TEU), |
| --- | --- |

—

having regard to Title V of the Treaty on European Union (TEU),

| — | having regard to the conclusions of the European Council of 13—14 December 2012, |
| --- | --- |

—

having regard to the conclusions of the European Council of 13—14 December 2012,

| — | having regard to the conclusions of the Council of 19 November 2012 on military capability development, |
| --- | --- |

—

having regard to the conclusions of the Council of 19 November 2012 on military capability development,

| — | having regard to the Headline Goal 2010 endorsed by the European Council of 17—18 June 2004, |
| --- | --- |

—

having regard to the Headline Goal 2010 endorsed by the European Council of 17—18 June 2004,

| — | having regard to the mutual defence and solidarity clauses in the Lisbon Treaty, which require Member States to provide aid and assistance if one of them is the victim of a disaster, a terrorist attack or an armed attack, |
| --- | --- |

—

having regard to the mutual defence and solidarity clauses in the Lisbon Treaty, which require Member States to provide aid and assistance if one of them is the victim of a disaster, a terrorist attack or an armed attack,

| — | having regard to the European Security Strategy, adopted by the European Council on 12 December 2003, and to the report on its implementation, endorsed by the European Council on 11—12 December 2008, |
| --- | --- |

—

having regard to the European Security Strategy, adopted by the European Council on 12 December 2003, and to the report on its implementation, endorsed by the European Council on 11—12 December 2008,

| — | having regard to Council Decision 2011/871/CFSP of 19 December 2011 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (1), |
| --- | --- |

—

having regard to Council Decision 2011/871/CFSP of 19 December 2011 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (1),

| — | having regard to Council Decision 2011/411/CFSP of 12 July 2011 defining the statute, seat and operational rules of the European Defence Agency and repealing Joint Action 2004/551/CFSP (2), |
| --- | --- |

—

having regard to Council Decision 2011/411/CFSP of 12 July 2011 defining the statute, seat and operational rules of the European Defence Agency and repealing Joint Action 2004/551/CFSP (2),

| — | having regard to the discussion of defence ministers in the Foreign Affairs Council meeting of 23 April 2013 on the preparations for the European Council on defence in December 2013, |
| --- | --- |

—

having regard to the discussion of defence ministers in the Foreign Affairs Council meeting of 23 April 2013 on the preparations for the European Council on defence in December 2013,

| — | having regard to its resolutions of 22 November 2012 on the implementation of the Common Security and Defence Policy (3), of 22 November 2012 on the EU’s mutual defence and solidarity clauses: political and operational dimensions (4), of 12 September 2012 on the annual report from the Council to the European Parliament on the Common Foreign and Security Policy (5), and of 14 December 2011 on the impact of the financial crisis on the defence sector in the EU Member States (6), |
| --- | --- |

—

having regard to its resolutions of 22 November 2012 on the implementation of the Common Security and Defence Policy (3), of 22 November 2012 on the EU’s mutual defence and solidarity clauses: political and operational dimensions (4), of 12 September 2012 on the annual report from the Council to the European Parliament on the Common Foreign and Security Policy (5), and of 14 December 2011 on the impact of the financial crisis on the defence sector in the EU Member States (6),

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs (A7-0205/2013), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A7-0205/2013),

General considerations

| 1. | Notes with increasing urgency the EU’s insufficient capacity to respond to international crises in a timely and efficient manner, in spite of its long-standing commitment to preserving peace, safeguarding human rights, preventing conflicts and strengthening international security in accordance with the principles of the UN Charter; stresses that it is in the interest of the EU and the Member States to act coherently as a security provider, not only within Europe, but also in the rest of the world and especially in its own neighbourhood; |
| --- | --- |

1.

Notes with increasing urgency the EU’s insufficient capacity to respond to international crises in a timely and efficient manner, in spite of its long-standing commitment to preserving peace, safeguarding human rights, preventing conflicts and strengthening international security in accordance with the principles of the UN Charter; stresses that it is in the interest of the EU and the Member States to act coherently as a security provider, not only within Europe, but also in the rest of the world and especially in its own neighbourhood;

| 2. | Recalls its firm attachment to a comprehensive approach to crisis management, integrating a wide spectrum of diplomatic, economic, development and, in the last resort, military means, as expressed notably in its resolutions on the annual reports on the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP); stresses that military structures and capabilities form an integral part of such a comprehensive approach, underpinning the EU’s ability to respond to threats, conflicts and crises, including humanitarian crises and natural disasters, should all other means fail; |
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2.

Recalls its firm attachment to a comprehensive approach to crisis management, integrating a wide spectrum of diplomatic, economic, development and, in the last resort, military means, as expressed notably in its resolutions on the annual reports on the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP); stresses that military structures and capabilities form an integral part of such a comprehensive approach, underpinning the EU’s ability to respond to threats, conflicts and crises, including humanitarian crises and natural disasters, should all other means fail;

| 3. | Notes with regret that recent military operations in both Libya and Mali have demonstrated the lack of progress toward a truly Common Security and Defence Policy and stresses the need for more coordination and cooperation at the European level, if the EU is to be taken seriously as an effective and credible world actor; |
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3.

Notes with regret that recent military operations in both Libya and Mali have demonstrated the lack of progress toward a truly Common Security and Defence Policy and stresses the need for more coordination and cooperation at the European level, if the EU is to be taken seriously as an effective and credible world actor;

| 4. | Recalls that the EU is called upon in the Treaty to work on the progressive framing of a common Union defence policy, which could lead to a common defence; further recalls the Member States’ obligations under the mutual defence clause; |
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4.

Recalls that the EU is called upon in the Treaty to work on the progressive framing of a common Union defence policy, which could lead to a common defence; further recalls the Member States’ obligations under the mutual defence clause;

| 5. | Reiterates its grave concern at the continuing and uncoordinated cuts in national defence budgets, hampering efforts to close capability gaps and undermining the credibility of the CSDP; urges the Member States to stop and reverse this irresponsible trend, as well as to step up efforts at national and EU levels to limit its consequences through increased cooperation and pooling and sharing; |
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5.

Reiterates its grave concern at the continuing and uncoordinated cuts in national defence budgets, hampering efforts to close capability gaps and undermining the credibility of the CSDP; urges the Member States to stop and reverse this irresponsible trend, as well as to step up efforts at national and EU levels to limit its consequences through increased cooperation and pooling and sharing;

| 6. | Recalls its resolution on the impact of the financial crisis on the defence sector in the EU Member States, and reaffirms its recommendations to counter the negative effects of the crisis on military capabilities at EU level through better coordination of defence planning, pooling and sharing of capabilities, supporting defence research and technological development, building a more integrated, sustainable, innovative and competitive European defence technological and industrial base, establishing a European defence equipment market, and finding new forms of EU-level funding; |
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6.

Recalls its resolution on the impact of the financial crisis on the defence sector in the EU Member States, and reaffirms its recommendations to counter the negative effects of the crisis on military capabilities at EU level through better coordination of defence planning, pooling and sharing of capabilities, supporting defence research and technological development, building a more integrated, sustainable, innovative and competitive European defence technological and industrial base, establishing a European defence equipment market, and finding new forms of EU-level funding;

| 7. | Urges the EU Member States and the Commission to take the necessary measures to facilitate the restructuring and consolidation of defence industrial capacities, in order to reduce existing overcapacities which are not sustainable; |
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7.

Urges the EU Member States and the Commission to take the necessary measures to facilitate the restructuring and consolidation of defence industrial capacities, in order to reduce existing overcapacities which are not sustainable;

| 8. | Welcomes the work of the European Commission Task Force on Defence Industries and Markets and the Commission communication of 24 July 2013 entitled ‘Towards a more competitive and efficient defence and security sector’ (COM(2013)0542), and calls on the Commission to develop proposals on how, with a flexible approach, wider EU policies and tools could be used in support of defence and security objectives, especially in areas of transversal nature such as dual-use technologies; |
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8.

Welcomes the work of the European Commission Task Force on Defence Industries and Markets and the Commission communication of 24 July 2013 entitled ‘Towards a more competitive and efficient defence and security sector’ (COM(2013)0542), and calls on the Commission to develop proposals on how, with a flexible approach, wider EU policies and tools could be used in support of defence and security objectives, especially in areas of transversal nature such as dual-use technologies;

| 9. | Stresses that existing military structures within the EU, at Union, multinational and national level, must continue in the transformation process to build modular, interoperable and deployable armed forces adapted to multinational operations; |
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9.

Stresses that existing military structures within the EU, at Union, multinational and national level, must continue in the transformation process to build modular, interoperable and deployable armed forces adapted to multinational operations;

| 10. | Welcomes the renewed impulse given by the European Council in December 2012 to increasing the operational effectiveness and efficiency of CSDP operations, enhancing European cooperation in order to provide future-oriented capabilities and fill critical gaps, as well as to strengthening the European defence industry; |
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10.

Welcomes the renewed impulse given by the European Council in December 2012 to increasing the operational effectiveness and efficiency of CSDP operations, enhancing European cooperation in order to provide future-oriented capabilities and fill critical gaps, as well as to strengthening the European defence industry;

| 11. | Calls on the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to present proposals, in view of the December 2013 European Council meeting, which will reflect the recommendations of this resolution, and will include options for advancing European cooperation in security and defence among the Member States willing to do so, based on the Treaty provisions on permanent structured cooperation, in case that no agreement on an ambitious agenda is possible among all Member States; |
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11.

Calls on the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to present proposals, in view of the December 2013 European Council meeting, which will reflect the recommendations of this resolution, and will include options for advancing European cooperation in security and defence among the Member States willing to do so, based on the Treaty provisions on permanent structured cooperation, in case that no agreement on an ambitious agenda is possible among all Member States;

| 12. | Resolves to prepare, as part of its own agenda for the next constitutional Convention, proposals to strengthen the Treaties with respect to developing the CSDP; |
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12.

Resolves to prepare, as part of its own agenda for the next constitutional Convention, proposals to strengthen the Treaties with respect to developing the CSDP;

Improving EU capability to plan and conduct military operations

| 13. | Notes with regret that, ten years after the first autonomous EU-led military operation, the EU still does not possess a permanent military planning and conduct capability, and deplores the inhibiting effect this is having on the EU’s ability to respond to acute crises; recalls that the current arrangements, which require ad hoc activation of a national headquarters, constitute a purely reactive approach and do not provide resources for the necessary advance planning; |
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13.

Notes with regret that, ten years after the first autonomous EU-led military operation, the EU still does not possess a permanent military planning and conduct capability, and deplores the inhibiting effect this is having on the EU’s ability to respond to acute crises; recalls that the current arrangements, which require ad hoc activation of a national headquarters, constitute a purely reactive approach and do not provide resources for the necessary advance planning;

| 14. | Takes the view that the activated Operations Centre, although welcomed for its role in coordinating missions in the Horn of Africa, represents a largely insufficient step towards such a permanent capability, owing to its limited resources and its strictly support-related functions; deplores the fact that the initiative of the five ‘Weimar Plus’ countries has not led to any more significant result; urges the Member States to agree, as a first step, on tasking the Operations Centre with the operational planning of non-executive missions, such as EU training missions for Mali and Somalia; |
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14.

Takes the view that the activated Operations Centre, although welcomed for its role in coordinating missions in the Horn of Africa, represents a largely insufficient step towards such a permanent capability, owing to its limited resources and its strictly support-related functions; deplores the fact that the initiative of the five ‘Weimar Plus’ countries has not led to any more significant result; urges the Member States to agree, as a first step, on tasking the Operations Centre with the operational planning of non-executive missions, such as EU training missions for Mali and Somalia;

| 15. | Calls again for the creation of a fully-fledged EU Operational Headquarters within the European External Action Service (EEAS), if necessary through permanent structured cooperation; stresses that it should be a civilian-military structure, responsible for the planning and conduct of both EU civilian missions and military operations, with separate civilian and military chains of command; |
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15.

Calls again for the creation of a fully-fledged EU Operational Headquarters within the European External Action Service (EEAS), if necessary through permanent structured cooperation; stresses that it should be a civilian-military structure, responsible for the planning and conduct of both EU civilian missions and military operations, with separate civilian and military chains of command;

| 16. | Points out that the creation of an EU Operational Headquarters would greatly enhance the EU’s institutional memory in crisis management, contribute to the development of a common strategic culture through the secondment of national personnel, maximise the benefits of civilian-military coordination, allow for the pooling of certain functions, reduce costs in the longer term, and facilitate political oversight by Parliament and the Council; |
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16.

Points out that the creation of an EU Operational Headquarters would greatly enhance the EU’s institutional memory in crisis management, contribute to the development of a common strategic culture through the secondment of national personnel, maximise the benefits of civilian-military coordination, allow for the pooling of certain functions, reduce costs in the longer term, and facilitate political oversight by Parliament and the Council;

| 17. | Underlines the need for a permanent military planning and conduct capability also with regard to the obligations resulting from the mutual defence clause and the solidarity clause, and stresses the necessity to ensure an adequate level of preparedness and rapidity of response should any of the two clauses be invoked; calls on the VP/HR to propose practical arrangements for the mutual defence clause to define response at EU level; |
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17.

Underlines the need for a permanent military planning and conduct capability also with regard to the obligations resulting from the mutual defence clause and the solidarity clause, and stresses the necessity to ensure an adequate level of preparedness and rapidity of response should any of the two clauses be invoked; calls on the VP/HR to propose practical arrangements for the mutual defence clause to define response at EU level;

Enhancing the EU battlegroups: the Union's rapid reaction and stabilisation instrument

| 18. | Recognises the contribution of the EU battlegroups to the transformation of Member States’ armed forces, driving military interoperability and promoting multinational cooperation; deplores the fact that the concept has not yet proven its utility as a rapid reaction instrument in operations, and that without substantial modifications any agreement on deployment appears unlikely; considers that the situation in Mali is a missed opportunity for the first use of EU battlegroups; |
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18.

Recognises the contribution of the EU battlegroups to the transformation of Member States’ armed forces, driving military interoperability and promoting multinational cooperation; deplores the fact that the concept has not yet proven its utility as a rapid reaction instrument in operations, and that without substantial modifications any agreement on deployment appears unlikely; considers that the situation in Mali is a missed opportunity for the first use of EU battlegroups;

| 19. | Considers that, in order to increase the effectiveness of the battlegroups, proper attention should be paid to their composition, knowing that, in general, states from the same region share similar perception of threats, thus facilitating the necessary response to them; |
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19.

Considers that, in order to increase the effectiveness of the battlegroups, proper attention should be paid to their composition, knowing that, in general, states from the same region share similar perception of threats, thus facilitating the necessary response to them;

| 20. | Takes the view that the reviewed ATHENA mechanism for common costs of military operations still does not take adequately into account the specificities of the battlegroup concept, and calls for a significant expansion of the common costs for rapid reaction operations, up to a full coverage of costs when battlegroups are used; considers that applying the ‘costs lie where they fall’ principle to the battlegroups, put on stand-by on a voluntary and rotational basis, is contrary to the principle of fair burden-sharing; |
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20.

Takes the view that the reviewed ATHENA mechanism for common costs of military operations still does not take adequately into account the specificities of the battlegroup concept, and calls for a significant expansion of the common costs for rapid reaction operations, up to a full coverage of costs when battlegroups are used; considers that applying the ‘costs lie where they fall’ principle to the battlegroups, put on stand-by on a voluntary and rotational basis, is contrary to the principle of fair burden-sharing;

| 21. | Calls on the VP/HR to make proposals with the view to adjusting the ATHENA mechanism to the specificities of the battlegroups, if necessary through permanent structured cooperation, created in parallel with a permanent Operational Headquarters; at the same time, urges the VP/HR to present a proposal on the setting up and financing of the start-up fund for preparatory activities for EU military operations, as required by the Treaty; |
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21.

Calls on the VP/HR to make proposals with the view to adjusting the ATHENA mechanism to the specificities of the battlegroups, if necessary through permanent structured cooperation, created in parallel with a permanent Operational Headquarters; at the same time, urges the VP/HR to present a proposal on the setting up and financing of the start-up fund for preparatory activities for EU military operations, as required by the Treaty;

| 22. | Notes the efforts within the Council and EEAS to increase the flexibility and usability of the battlegroups, which have, however, produced little tangible result to date; points out that a high degree of interoperability is needed, not only at technical level but also at procedural and conceptual levels, in particular to align rules of engagement and transfer of authority and to remove national caveats; |
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22.

Notes the efforts within the Council and EEAS to increase the flexibility and usability of the battlegroups, which have, however, produced little tangible result to date; points out that a high degree of interoperability is needed, not only at technical level but also at procedural and conceptual levels, in particular to align rules of engagement and transfer of authority and to remove national caveats;

| 23. | Invites the European Council to explore ways of streamlining the political decision-making process at EU and national level to make rapid reaction a reality; insists that the necessary political will be shown to address the challenges; encourages reflection on possible simplified procedures regarding deployments of battlegroups for limited periods of time, provided that certain, clearly defined and agreed pre-conditions are met, such as a specific request from the United Nations; |
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23.

Invites the European Council to explore ways of streamlining the political decision-making process at EU and national level to make rapid reaction a reality; insists that the necessary political will be shown to address the challenges; encourages reflection on possible simplified procedures regarding deployments of battlegroups for limited periods of time, provided that certain, clearly defined and agreed pre-conditions are met, such as a specific request from the United Nations;

| 24. | Welcomes the renewed commitment of the Member States to the level of ambition of the battlegroups concept and the pledge to plan contributions on the basis of regularly recurring commitments in order to avoid gaps in the battlegroup roster in the future; encourages the development of battlegroups as longer-term partnerships lasting beyond the stand-by period to maximise the military and economic benefits of joint procurement of equipment and services and of pooling and sharing; notes that the framework contract on basic logistic services for the EU battlegroup on stand-by in the second semester of 2012, concluded by the European Defence Agency (EDA), is a concrete example in this direction; |
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24.

Welcomes the renewed commitment of the Member States to the level of ambition of the battlegroups concept and the pledge to plan contributions on the basis of regularly recurring commitments in order to avoid gaps in the battlegroup roster in the future; encourages the development of battlegroups as longer-term partnerships lasting beyond the stand-by period to maximise the military and economic benefits of joint procurement of equipment and services and of pooling and sharing; notes that the framework contract on basic logistic services for the EU battlegroup on stand-by in the second semester of 2012, concluded by the European Defence Agency (EDA), is a concrete example in this direction;

| 25. | Points out that any costs that are not linked to military operations, such as preparation and stand-by costs of battlegroups, could be charged to the EU budget; |
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25.

Points out that any costs that are not linked to military operations, such as preparation and stand-by costs of battlegroups, could be charged to the EU budget;

| 26. | Stresses that the battlegroups provide a specific instrument of a limited size and sustainability that is adapted to a certain number of scenarios and cannot be considered a universal crisis management tool; recalls that the initial Helsinki Headline Goal of 1999, reconfirmed by the European Council in 2008, set the objective for the EU to be capable of deploying 60 000 men in 60 days for a major operation; notes that this objective, although not formally abandoned, has never been realistically achieved owing to persistent capability shortfalls; points out that, more than setting arbitrary goals that risk damaging the EU’s credibility, there is an urgent need for sustained effort to close capability gaps and improve force generation and projection with regard to EU military operations in general; |
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26.

Stresses that the battlegroups provide a specific instrument of a limited size and sustainability that is adapted to a certain number of scenarios and cannot be considered a universal crisis management tool; recalls that the initial Helsinki Headline Goal of 1999, reconfirmed by the European Council in 2008, set the objective for the EU to be capable of deploying 60 000 men in 60 days for a major operation; notes that this objective, although not formally abandoned, has never been realistically achieved owing to persistent capability shortfalls; points out that, more than setting arbitrary goals that risk damaging the EU’s credibility, there is an urgent need for sustained effort to close capability gaps and improve force generation and projection with regard to EU military operations in general;

Building structures and capabilities to address key capability shortfalls

| 27. | Recalls the mission and tasks of the EDA as provided for in Articles 42(3) and 45 TEU, in particular its essential role in developing and implementing an EU capabilities and armaments policy, harmonising operational needs, proposing multilateral projects, coordinating Member States’ programmes, strengthening the European Defence Technological and Industrial Base and improving the effectiveness of military expenditure; urges the Member States, given the EDA’s strong cost-effectiveness focus, to provide it with adequate funding in order to exploit its full potential, and repeats its call on the VP/HR to present proposals to finance the Agency’s staffing and running costs from the Union budget; |
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27.

Recalls the mission and tasks of the EDA as provided for in Articles 42(3) and 45 TEU, in particular its essential role in developing and implementing an EU capabilities and armaments policy, harmonising operational needs, proposing multilateral projects, coordinating Member States’ programmes, strengthening the European Defence Technological and Industrial Base and improving the effectiveness of military expenditure; urges the Member States, given the EDA’s strong cost-effectiveness focus, to provide it with adequate funding in order to exploit its full potential, and repeats its call on the VP/HR to present proposals to finance the Agency’s staffing and running costs from the Union budget;

| 28. | Deplores the absence of firm capability commitments by the Member States and calls on the Council to provide for the implementation of the related evaluation requirement set out in Articles 42(3) and 45(1) TEU; calls on the VP/HR to make appropriate proposals to that end; takes the view that Parliament should be informed regularly about the progress made in building military capabilities relevant for the implementation of the CSDP; |
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28.

Deplores the absence of firm capability commitments by the Member States and calls on the Council to provide for the implementation of the related evaluation requirement set out in Articles 42(3) and 45(1) TEU; calls on the VP/HR to make appropriate proposals to that end; takes the view that Parliament should be informed regularly about the progress made in building military capabilities relevant for the implementation of the CSDP;

| 29. | Encourages further progress in the implementation of the EDA’s Capability Development Plan and urges, in the context of its review in 2013, that it be better integrated into national defence planning, which needs to be further harmonised; reiterates its call on the Member States to launch an institutionalised process of increased defence planning coordination both between themselves and within the EU Military Committee, based in particular on EDA advice; draws attention to the general need to step up cooperation between the EDA and the EU Military Committee/EU Military Staff; expects the Heads of State and Government to launch a European defence review during the European Council on defence in December 2013; |
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29.

Encourages further progress in the implementation of the EDA’s Capability Development Plan and urges, in the context of its review in 2013, that it be better integrated into national defence planning, which needs to be further harmonised; reiterates its call on the Member States to launch an institutionalised process of increased defence planning coordination both between themselves and within the EU Military Committee, based in particular on EDA advice; draws attention to the general need to step up cooperation between the EDA and the EU Military Committee/EU Military Staff; expects the Heads of State and Government to launch a European defence review during the European Council on defence in December 2013;

| 30. | Calls for a more structured approach to address key capability shortfalls at European level and in particular in the areas of key force enablers and force multipliers — such as intelligence, surveillance and reconnaissance (ISR) assets, strategic air lift, helicopters, medical support, air-to-air refuelling and precision-guided munitions — in close cooperation and full complementarity with NATO; welcomes the initial results of pooling and sharing initiatives managed by the EDA but stresses that further progress in these and other areas is a necessity; deplores the fact that, although European armed forces have repeatedly faced the lack of such force enablers and force multipliers in CSDP and other operations, none of the identified capability gaps have yet been filled in a satisfactory way; |
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30.

Calls for a more structured approach to address key capability shortfalls at European level and in particular in the areas of key force enablers and force multipliers — such as intelligence, surveillance and reconnaissance (ISR) assets, strategic air lift, helicopters, medical support, air-to-air refuelling and precision-guided munitions — in close cooperation and full complementarity with NATO; welcomes the initial results of pooling and sharing initiatives managed by the EDA but stresses that further progress in these and other areas is a necessity; deplores the fact that, although European armed forces have repeatedly faced the lack of such force enablers and force multipliers in CSDP and other operations, none of the identified capability gaps have yet been filled in a satisfactory way;

| 31. | Calls for an evaluation of the establishment of a permanent CSDP warehouse (with functions similar to the NATO Support Agency) providing integrated multinational support for EU military structures and Member States, including essential equipment for all missions, without cumbersome procurement procedures; |
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31.

Calls for an evaluation of the establishment of a permanent CSDP warehouse (with functions similar to the NATO Support Agency) providing integrated multinational support for EU military structures and Member States, including essential equipment for all missions, without cumbersome procurement procedures;

| 32. | Highlights the need for the EU to develop the efficient and proportionate capabilities and strategies needed to face the growing cyber-threats to its security and strategic interests; stresses the need to cooperate with private actors in order to be successful, to fully respect digital freedoms and international law and to ensure sufficient democratic oversight; |
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32.

Highlights the need for the EU to develop the efficient and proportionate capabilities and strategies needed to face the growing cyber-threats to its security and strategic interests; stresses the need to cooperate with private actors in order to be successful, to fully respect digital freedoms and international law and to ensure sufficient democratic oversight;

| 33. | Highlights the example of the European Air Transport Command (EATC), which has proven its function and added value during operations, as a particularly useful model of pooling and sharing, based on the transfer of certain competencies to a common structure without giving up national ownership; calls for the replication of the EATC model to other areas of operational support, and in particular expects results of the EDA’s work on a possible Multinational Helicopter Wing to address another key capability shortfall; |
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33.

Highlights the example of the European Air Transport Command (EATC), which has proven its function and added value during operations, as a particularly useful model of pooling and sharing, based on the transfer of certain competencies to a common structure without giving up national ownership; calls for the replication of the EATC model to other areas of operational support, and in particular expects results of the EDA’s work on a possible Multinational Helicopter Wing to address another key capability shortfall;

| 34. | Reiterates its call on the Member States to consider joint ownership of certain expensive capabilities, notably space capabilities, unmanned aerial vehicles (UAVs) or strategic lift assets; welcomes the work of the Commission exploring the options for developing EU-owned capabilities, exploiting the potential of synergies between defence and civilian security needs, such as in the areas of civil protection or border surveillance; |
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34.

Reiterates its call on the Member States to consider joint ownership of certain expensive capabilities, notably space capabilities, unmanned aerial vehicles (UAVs) or strategic lift assets; welcomes the work of the Commission exploring the options for developing EU-owned capabilities, exploiting the potential of synergies between defence and civilian security needs, such as in the areas of civil protection or border surveillance;

| 35. | Underlines the need to create a common approach in Europe towards developing a medium-altitude long-endurance remotely piloted air system (MALE RPAS) and encourages the Commission and the Member States to develop an innovative approach for achieving this ambition; |
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35.

Underlines the need to create a common approach in Europe towards developing a medium-altitude long-endurance remotely piloted air system (MALE RPAS) and encourages the Commission and the Member States to develop an innovative approach for achieving this ambition;

| 36. | Emphasises the key importance of satellite assets for modern-day operations, in particular with regard to ISR, communication and navigation capabilities and to the need to maximise the use of scarce resources based on a common approach and on the exploitation of all possible civil-military synergies to avoid unnecessary duplication; in this respect, encourages further cooperation between the European Space Agency, the EDA and the Commission, and insists on continued EU funding of the Copernicus (GMES) and Galileo programmes; |
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36.

Emphasises the key importance of satellite assets for modern-day operations, in particular with regard to ISR, communication and navigation capabilities and to the need to maximise the use of scarce resources based on a common approach and on the exploitation of all possible civil-military synergies to avoid unnecessary duplication; in this respect, encourages further cooperation between the European Space Agency, the EDA and the Commission, and insists on continued EU funding of the Copernicus (GMES) and Galileo programmes;

| 37. | Encourages further progress of the MUSIS programme in order to facilitate sharing of satellite imagery from the next generation of Earth observation satellites, and calls for direct EU financial participation in the programme, and for the association of the EU Satellite Centre, in order to assure access to imagery tailored to the needs of the EU, and in particular the CSDP; |
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37.

Encourages further progress of the MUSIS programme in order to facilitate sharing of satellite imagery from the next generation of Earth observation satellites, and calls for direct EU financial participation in the programme, and for the association of the EU Satellite Centre, in order to assure access to imagery tailored to the needs of the EU, and in particular the CSDP;

| 38. | Welcomes the adoption of the code of conduct on pooling and sharing as an important step towards more cooperation in Europe and stresses the need to establish a first strategic assessment of its implementation by the end of the year; expects the European Council in December 2013 to be a significant milestone in terms of giving a political impulse to pooling and sharing and of giving clear guidance about the implementation; draws attention to the need for the EU to step up information activities in order to further boost the role of pooling and sharing; |
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38.

Welcomes the adoption of the code of conduct on pooling and sharing as an important step towards more cooperation in Europe and stresses the need to establish a first strategic assessment of its implementation by the end of the year; expects the European Council in December 2013 to be a significant milestone in terms of giving a political impulse to pooling and sharing and of giving clear guidance about the implementation; draws attention to the need for the EU to step up information activities in order to further boost the role of pooling and sharing;

| 39. | Stresses the importance of ensuring the security of supply of the equipment needed by Member States armed forces in order for them to fulfil their commitments in international crises; is seriously concerned about the increasing dependencies on non-European technologies and sources of supply and its implications for European autonomy; underlines the strategic importance of the defence industry, and calls on the EDA and the Commission to advance their work on identifying key industrial capabilities to be preserved or developed in Europe and on reducing European supply dependency; |
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39.

Stresses the importance of ensuring the security of supply of the equipment needed by Member States armed forces in order for them to fulfil their commitments in international crises; is seriously concerned about the increasing dependencies on non-European technologies and sources of supply and its implications for European autonomy; underlines the strategic importance of the defence industry, and calls on the EDA and the Commission to advance their work on identifying key industrial capabilities to be preserved or developed in Europe and on reducing European supply dependency;

| 40. | Deplores the declining national budgets for defence research and the fact that it is mostly fragmented along national lines; points out the potential of the EU to bring substantial added value through the European Framework Cooperation and greater synergies between defence and civilian security research; highlights in particular the need to focus on investments in key enabling technologies such as robotics, nano- and microelectronics, and to make sure that EU funds spent in these areas benefit also the needs of defence; |
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40.

Deplores the declining national budgets for defence research and the fact that it is mostly fragmented along national lines; points out the potential of the EU to bring substantial added value through the European Framework Cooperation and greater synergies between defence and civilian security research; highlights in particular the need to focus on investments in key enabling technologies such as robotics, nano- and microelectronics, and to make sure that EU funds spent in these areas benefit also the needs of defence;

Increasing coherence in permanent multinational structures of EU Member States

| 41. | Notes the existence of a number of bilateral/regional/multilateral partnership initiatives in Europe aimed at pooling resources and fostering interoperability, and capable of providing contributions to EU, UN, NATO or ad hoc coalition operations; while welcoming the benefits of cooperation and fully supporting the rationale of pooling, encourages some form of rationalisation of, and better coordination between, the numerous structures with a multinational dimension, which have grown without any global and coherent plan; |
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41.

Notes the existence of a number of bilateral/regional/multilateral partnership initiatives in Europe aimed at pooling resources and fostering interoperability, and capable of providing contributions to EU, UN, NATO or ad hoc coalition operations; while welcoming the benefits of cooperation and fully supporting the rationale of pooling, encourages some form of rationalisation of, and better coordination between, the numerous structures with a multinational dimension, which have grown without any global and coherent plan;

| 42. | Calls for the strengthening of links between Eurocorps and the EU Military Staff, and invites more Member States to join Eurocorps’ multinational structure, which could form the nucleus of a fully integrated element of the European armed forces; |
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42.

Calls for the strengthening of links between Eurocorps and the EU Military Staff, and invites more Member States to join Eurocorps’ multinational structure, which could form the nucleus of a fully integrated element of the European armed forces;

| 43. | Notes the closing down of EUROFOR, recognising its past contribution to EU operations and the battlegroup roster; notes the specific contributions of EUROMARFOR, EUROGENDFOR, the Baltic Defence Cooperation, the Nordic Defence Cooperation, the UK-Dutch amphibious force, the Spanish-Italian amphibious force, the German-Dutch corps, the Belgian-Dutch naval cooperation, the Anglo-French initiatives to build a combined joint expeditionary force, an integrated carrier strike group and a combined joint force headquarters and other existing or budding regional and bilateral permanent structures; |
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43.

Notes the closing down of EUROFOR, recognising its past contribution to EU operations and the battlegroup roster; notes the specific contributions of EUROMARFOR, EUROGENDFOR, the Baltic Defence Cooperation, the Nordic Defence Cooperation, the UK-Dutch amphibious force, the Spanish-Italian amphibious force, the German-Dutch corps, the Belgian-Dutch naval cooperation, the Anglo-French initiatives to build a combined joint expeditionary force, an integrated carrier strike group and a combined joint force headquarters and other existing or budding regional and bilateral permanent structures;

| 44. | Reiterates the need to ensure overall coherence at EU level and invites the Member States to coordinate their initiatives more closely within the EU Military Committee, based on inputs from the EDA; |
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44.

Reiterates the need to ensure overall coherence at EU level and invites the Member States to coordinate their initiatives more closely within the EU Military Committee, based on inputs from the EDA;

Strengthening the European dimension in education, training and exercises

| 45. | Reiterates its full support for European structures and projects in the area of education and training and stresses, in particular, the contribution of the European Security and Defence College (ESDC) to the promotion of a common security culture, as well as its potential in identifying and developing cost-saving collaborative projects between national institutions; welcomes the decision of the Council of 12 April 2013 to strengthen the College by providing it with legal capacity and with funding from the Union budget; considers that this could constitute a model for EU budget support to other CSDP structures such as the EDA and the EU Satellite Centre; encourages further development of the European initiative for the exchange of young officers, inspired by Erasmus, as well as the participation of European military officers’ education and training institutes in the Erasmus programme; |
| --- | --- |

45.

Reiterates its full support for European structures and projects in the area of education and training and stresses, in particular, the contribution of the European Security and Defence College (ESDC) to the promotion of a common security culture, as well as its potential in identifying and developing cost-saving collaborative projects between national institutions; welcomes the decision of the Council of 12 April 2013 to strengthen the College by providing it with legal capacity and with funding from the Union budget; considers that this could constitute a model for EU budget support to other CSDP structures such as the EDA and the EU Satellite Centre; encourages further development of the European initiative for the exchange of young officers, inspired by Erasmus, as well as the participation of European military officers’ education and training institutes in the Erasmus programme;

| 46. | Strongly supports pooling and sharing initiatives in education and training where significant savings can be made without affecting national sovereignty as regards operational deployments; highlights the success of the EDA’s Helicopter Training Programme and welcomes the launch of tactical air transport exercises by EDA, which should lead to the establishment of a permanent European airlift tactics training course; looks forward to more progress in developing a common integrated training system to train future fighter pilots; welcomes EDA’s work on more pooled and shared training in the areas of cyber defence, countering improvised explosive devices and naval operations; draws attention to the need for the EDA to take into account the training needs of Member States whose aircraft are produced by non-EU companies; |
| --- | --- |

46.

Strongly supports pooling and sharing initiatives in education and training where significant savings can be made without affecting national sovereignty as regards operational deployments; highlights the success of the EDA’s Helicopter Training Programme and welcomes the launch of tactical air transport exercises by EDA, which should lead to the establishment of a permanent European airlift tactics training course; looks forward to more progress in developing a common integrated training system to train future fighter pilots; welcomes EDA’s work on more pooled and shared training in the areas of cyber defence, countering improvised explosive devices and naval operations; draws attention to the need for the EDA to take into account the training needs of Member States whose aircraft are produced by non-EU companies;

| 47. | Stresses the opportunity for common training and exercises provided by the EU battlegroups; encourages battlegroup framework nations to open battlegroup exercises to additional participants, such as potential strategic/operational enablers, as well as to partner organisations such as the UN; |
| --- | --- |

47.

Stresses the opportunity for common training and exercises provided by the EU battlegroups; encourages battlegroup framework nations to open battlegroup exercises to additional participants, such as potential strategic/operational enablers, as well as to partner organisations such as the UN;

| 48. | Draws attention to the need to avoid potential overlaps with NATO, e.g. in the area of cyber security training; |
| --- | --- |

48.

Draws attention to the need to avoid potential overlaps with NATO, e.g. in the area of cyber security training;

Increasing the benefits of EU-NATO cooperation

| 49. | Stresses that strengthening European military capabilities through enhanced EU structures also benefits NATO and contributes to fairer burden-sharing within the Alliance; commends the pragmatic cooperation aimed at avoiding duplications between the Pooling and Sharing and Smart Defence initiatives, notably through interaction between the EDA and NATO’s Allied Command Transformation (ACT); |
| --- | --- |

49.

Stresses that strengthening European military capabilities through enhanced EU structures also benefits NATO and contributes to fairer burden-sharing within the Alliance; commends the pragmatic cooperation aimed at avoiding duplications between the Pooling and Sharing and Smart Defence initiatives, notably through interaction between the EDA and NATO’s Allied Command Transformation (ACT);

| 50. | Urges much closer and more regular collaboration at a political level between the VP/HR and the Secretary-General of NATO for the purposes of risk assessment, resource management, policy planning and the execution of operations, both civilian and military; stresses the need to develop existing EU-NATO operational cooperation frameworks, starting from the Berlin Plus agreements, the implementation of which is still blocked by Turkey; |
| --- | --- |

50.

Urges much closer and more regular collaboration at a political level between the VP/HR and the Secretary-General of NATO for the purposes of risk assessment, resource management, policy planning and the execution of operations, both civilian and military; stresses the need to develop existing EU-NATO operational cooperation frameworks, starting from the Berlin Plus agreements, the implementation of which is still blocked by Turkey;

| 51. | Points out that national capabilities, whether developed in the EU or NATO framework, remain under national authority and can therefore be used for any operations decided upon at national level; |
| --- | --- |

51.

Points out that national capabilities, whether developed in the EU or NATO framework, remain under national authority and can therefore be used for any operations decided upon at national level;

| 52. | Emphasises the importance of NATO standards for European defence cooperation and stresses the need for capabilities developed within the EU to ensure full interoperability with NATO; |
| --- | --- |

52.

Emphasises the importance of NATO standards for European defence cooperation and stresses the need for capabilities developed within the EU to ensure full interoperability with NATO;

| 53. | Notes that the NATO Response Force and EU battlegroups are complementary, mutually reinforcing initiatives, which, however, require similar efforts from the Member States, and calls for efforts to maximise synergies between them; |
| --- | --- |

53.

Notes that the NATO Response Force and EU battlegroups are complementary, mutually reinforcing initiatives, which, however, require similar efforts from the Member States, and calls for efforts to maximise synergies between them;

Moving the CSDP to a new level

| 54. | Invites the Member States to take a qualitative step forward in European defence by strengthening the EU’s military structures in line with this resolution; encourages the Member States willing to do so to proceed, if necessary, in accordance with Articles 42(6) and 46 TEU on permanent structured cooperation as well as Article 44 TEU; takes the view that should such forms of cooperation be launched, it should, above all, be based on the participating Member States’ willingness to assume their responsibilities within the international community and to make the Union better equipped for crisis management operations; |
| --- | --- |

54.

Invites the Member States to take a qualitative step forward in European defence by strengthening the EU’s military structures in line with this resolution; encourages the Member States willing to do so to proceed, if necessary, in accordance with Articles 42(6) and 46 TEU on permanent structured cooperation as well as Article 44 TEU; takes the view that should such forms of cooperation be launched, it should, above all, be based on the participating Member States’ willingness to assume their responsibilities within the international community and to make the Union better equipped for crisis management operations;

| 55. | Considers, therefore, that permanent structured cooperation should include, in particular, the following elements aimed at enhanced operational effectiveness:






  — | the establishment of a permanent EU Operational Headquarters, |
| --- | --- | --- |

55.

Considers, therefore, that permanent structured cooperation should include, in particular, the following elements aimed at enhanced operational effectiveness:

—

the establishment of a permanent EU Operational Headquarters,

| — | common funding of rapid reaction operations using EU battlegroups, |
| --- | --- |

—

common funding of rapid reaction operations using EU battlegroups,

| — | a commitment to contribute to the battlegroup roster, with aligned rules of engagement and streamlined decision-making procedures; |
| --- | --- |

—

a commitment to contribute to the battlegroup roster, with aligned rules of engagement and streamlined decision-making procedures;

| 56. | Points out that the Member States also need to strengthen their commitments with regard to capability building, notably through pooling and sharing, but that maximum flexibility and inclusiveness needs to be maintained in order to make the most of various bilateral, regional or multilateral synergies; considers, nevertheless, that an agreement on permanent structured cooperation should at least include commitments to:






  — | structured coordination of defence planning, |
| --- | --- | --- |

56.

Points out that the Member States also need to strengthen their commitments with regard to capability building, notably through pooling and sharing, but that maximum flexibility and inclusiveness needs to be maintained in order to make the most of various bilateral, regional or multilateral synergies; considers, nevertheless, that an agreement on permanent structured cooperation should at least include commitments to:

—

structured coordination of defence planning,

| — | common evaluation and review of capability building, |
| --- | --- |

—

common evaluation and review of capability building,

| — | increased funding for the EDA; |
| --- | --- |

—

increased funding for the EDA;

| 57. | Notes that the Treaty clearly states that permanent structured cooperation is to be established within the Union framework, observing that the vast majority of activities developed under it could therefore benefit from access to the EU budget under the same conditions as other EU activities, in line with Article 41 TEU; |
| --- | --- |

57.

Notes that the Treaty clearly states that permanent structured cooperation is to be established within the Union framework, observing that the vast majority of activities developed under it could therefore benefit from access to the EU budget under the same conditions as other EU activities, in line with Article 41 TEU;

| 58. | Considers that permanent structured cooperation should also facilitate increased coherence between European collaborative initiatives, in the spirit of inclusiveness and flexibility, by strengthening the links between the various islands of cooperation that emerge within an enhanced CSDP framework; |
| --- | --- |

58.

Considers that permanent structured cooperation should also facilitate increased coherence between European collaborative initiatives, in the spirit of inclusiveness and flexibility, by strengthening the links between the various islands of cooperation that emerge within an enhanced CSDP framework;

o

o o

| 59. | Instructs its President to forward this resolution to the President of the European Council, the Council, the Commission, the VP/HR, the governments and parliaments of the EU Member States, the NATO Parliamentary Assembly and the Secretary-General of NATO. |
| --- | --- |

59.

Instructs its President to forward this resolution to the President of the European Council, the Council, the Commission, the VP/HR, the governments and parliaments of the EU Member States, the NATO Parliamentary Assembly and the Secretary-General of NATO.

---

(1)  OJ L 343, 23.12.2011, p. 35.

(2)  OJ L 183, 13.7.2011, p. 16.

(3)  Texts adopted, P7_TA(2012)0455.

(4)  OJ C 168 E, 14.6.2013, p. 9.

(5)  Texts adopted, P7_TA(2012)0334.

(6)  Texts adopted, P7_TA(2011)0574.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/152 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/152

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P7_TA(2013)0383

Pressure exerted by Russia on Eastern Partnership countries (in the context of the upcoming Eastern Partnership Summit in Vilnius)

European Parliament resolution of 12 September 2013 on the pressure exerted by Russia on Eastern Partnership countries (in the context of the upcoming Eastern Partnership Summit in Vilnius) (2013/2826(RSP))

(2016/C 093/22)

The European Parliament,

| — | having regard to the Eastern Partnership Summit to be held in Vilnius in November 2013, |
| --- | --- |

—

having regard to the Eastern Partnership Summit to be held in Vilnius in November 2013,

| — | having regard to the fact that Ukraine, Georgia and Moldova have the prospect of signing or initialling, as the case may be, Association Agreements with the European Union; having regard in particular to the new, enriched character of association that is at stake, offering a broad and deep relationship with European partners, and therefore going well beyond merely economic benefits towards strong political and societal relations, |
| --- | --- |

—

having regard to the fact that Ukraine, Georgia and Moldova have the prospect of signing or initialling, as the case may be, Association Agreements with the European Union; having regard in particular to the new, enriched character of association that is at stake, offering a broad and deep relationship with European partners, and therefore going well beyond merely economic benefits towards strong political and societal relations,

| — | recalling that the 1994 Budapest Memorandum concerning Ukrainian nuclear disarmament gives Ukraine guarantees against the use or threat of force and provides for support being given to the country should an attempt be made to place pressure on it by economic coercion, |
| --- | --- |

—

recalling that the 1994 Budapest Memorandum concerning Ukrainian nuclear disarmament gives Ukraine guarantees against the use or threat of force and provides for support being given to the country should an attempt be made to place pressure on it by economic coercion,

| — | having regard to Rule 110(2) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) and (4) of its Rules of Procedure,

| A. | whereas continuous engagement within the Eastern Partnership framework has offered partner countries a comprehensive agenda for pursuing reforms that benefit their citizens, while the Association Agreements and Deep and Comprehensive Free Trade Agreements (DCFTAs) between the EU and Eastern Partnership countries are a commitment by the willing and able to strengthen and successfully pursue cooperation between the parties in many areas; |
| --- | --- |

A.

whereas continuous engagement within the Eastern Partnership framework has offered partner countries a comprehensive agenda for pursuing reforms that benefit their citizens, while the Association Agreements and Deep and Comprehensive Free Trade Agreements (DCFTAs) between the EU and Eastern Partnership countries are a commitment by the willing and able to strengthen and successfully pursue cooperation between the parties in many areas;

| B. | whereas the Russian pressure most recently faced by Eastern Partnership countries progressing on the road to Association Agreements, including targeted sanctions against Ukraine’s exports, an export ban on the Moldovan wine industry, additional obstacles impeding progress towards resolution of the Transnistrian conflict, and security-related threats with respect to Armenia, which are aimed at forcing the Eastern Partnership countries not to sign or initial the Association Agreements or DCFTAs but instead to join the Russian-led Customs Union, which Russia intends to transform into a Eurasian Union, has put them in a precarious position as a result of geopolitical constraints to which they should not be subject; |
| --- | --- |

B.

whereas the Russian pressure most recently faced by Eastern Partnership countries progressing on the road to Association Agreements, including targeted sanctions against Ukraine’s exports, an export ban on the Moldovan wine industry, additional obstacles impeding progress towards resolution of the Transnistrian conflict, and security-related threats with respect to Armenia, which are aimed at forcing the Eastern Partnership countries not to sign or initial the Association Agreements or DCFTAs but instead to join the Russian-led Customs Union, which Russia intends to transform into a Eurasian Union, has put them in a precarious position as a result of geopolitical constraints to which they should not be subject;

| C. | whereas the type of pressure exerted on Eastern Partnership countries, ranging from current economic and political aspects to the announcement of future economic restrictions, signals Russia’s intention to continue to consider the Eastern Partnership region as its sphere of exclusive influence and oppose the prospect of these countries’ closer integration with the EU via the Association Agreements, an approach which goes against the principles of national sovereignty, mutual trust and good neighbourly relations; |
| --- | --- |

C.

whereas the type of pressure exerted on Eastern Partnership countries, ranging from current economic and political aspects to the announcement of future economic restrictions, signals Russia’s intention to continue to consider the Eastern Partnership region as its sphere of exclusive influence and oppose the prospect of these countries’ closer integration with the EU via the Association Agreements, an approach which goes against the principles of national sovereignty, mutual trust and good neighbourly relations;

| D. | whereas Eastern Partnership countries have the full sovereign right and freedom to build relations, as equal partners, with partners of their choice, in line with the Helsinki Accords; |
| --- | --- |

D.

whereas Eastern Partnership countries have the full sovereign right and freedom to build relations, as equal partners, with partners of their choice, in line with the Helsinki Accords;

| E. | whereas, now more than ever, attention needs to be drawn to the alarming pressures in the EU’s Eastern Neighbourhood and on the Eastern Partnership project itself, which is being contested and questioned by Russia; |
| --- | --- |

E.

whereas, now more than ever, attention needs to be drawn to the alarming pressures in the EU’s Eastern Neighbourhood and on the Eastern Partnership project itself, which is being contested and questioned by Russia;

| F. | whereas an Association Agreement with the EU entails political and legal reforms conducive to strengthening the rule of law, reducing corruption and securing greater respect for human rights; whereas joining the Customs Union, on the contrary, does not involve any values-based benchmarks or conditionalities, and therefore cannot be considered as an incentive to domestic reform; |
| --- | --- |

F.

whereas an Association Agreement with the EU entails political and legal reforms conducive to strengthening the rule of law, reducing corruption and securing greater respect for human rights; whereas joining the Customs Union, on the contrary, does not involve any values-based benchmarks or conditionalities, and therefore cannot be considered as an incentive to domestic reform;

| G. | whereas frozen conflicts are repeatedly being used to weaken or undermine the full sovereignty of Eastern Partnership countries in accordance with Russia’s geopolitical and economic interests; |
| --- | --- |

G.

whereas frozen conflicts are repeatedly being used to weaken or undermine the full sovereignty of Eastern Partnership countries in accordance with Russia’s geopolitical and economic interests;

| 1. | Recalls that the principles of equality and respect for the rights inherent in sovereignty, non-intervention in internal affairs, good cooperation among states and the fulfilment in good faith of obligations under international law, as agreed in the framework of the Helsinki Accords, are fundamentals governing international relations among independent states and, as such, should in no way be infringed upon; |
| --- | --- |

1.

Recalls that the principles of equality and respect for the rights inherent in sovereignty, non-intervention in internal affairs, good cooperation among states and the fulfilment in good faith of obligations under international law, as agreed in the framework of the Helsinki Accords, are fundamentals governing international relations among independent states and, as such, should in no way be infringed upon;

| 2. | Deplores the fact that as the Vilnius Eastern Partnership Summit approaches, different types of pressure are mounting on Eastern Partnership countries reaching the final phase of negotiating the signing or initialling of their Association Agreements; regards this pressure as unacceptable; believes, furthermore, that the progressive integration of partner countries with the EU is consistent with their pursuit of good neighbourly relations with Russia, and calls on Russia to refrain from taking any action which is in clear contradiction to the above-mentioned Helsinki principles; calls on the Russian Federation to refrain from exerting more pressure on the Eastern partners and to respect fully their sovereign right to pursue their own political choices; |
| --- | --- |

2.

Deplores the fact that as the Vilnius Eastern Partnership Summit approaches, different types of pressure are mounting on Eastern Partnership countries reaching the final phase of negotiating the signing or initialling of their Association Agreements; regards this pressure as unacceptable; believes, furthermore, that the progressive integration of partner countries with the EU is consistent with their pursuit of good neighbourly relations with Russia, and calls on Russia to refrain from taking any action which is in clear contradiction to the above-mentioned Helsinki principles; calls on the Russian Federation to refrain from exerting more pressure on the Eastern partners and to respect fully their sovereign right to pursue their own political choices;

| 3. | Strongly underlines the fact that the free choices of the Eastern Partnership countries, which do not have any negative impact whatsoever on trade with Russia, should not make them bear consequences such as trade measures, visa restrictions, worker mobility restrictions and interference in frozen conflicts; firmly rejects, moreover, the zero-sum game as a paradigm for EU and Russian relations with the Eastern Partnership countries; |
| --- | --- |

3.

Strongly underlines the fact that the free choices of the Eastern Partnership countries, which do not have any negative impact whatsoever on trade with Russia, should not make them bear consequences such as trade measures, visa restrictions, worker mobility restrictions and interference in frozen conflicts; firmly rejects, moreover, the zero-sum game as a paradigm for EU and Russian relations with the Eastern Partnership countries;

| 4. | Is convinced that further political and economic reform in these countries, based on EU values and standards, is ultimately in Russia’s own interest, as it would expand the zone of stability, prosperity and cooperation along its borders; recalls the EU’s standing invitation for Russia to contribute to this process via constructive engagement with the Eastern Partnership countries; |
| --- | --- |

4.

Is convinced that further political and economic reform in these countries, based on EU values and standards, is ultimately in Russia’s own interest, as it would expand the zone of stability, prosperity and cooperation along its borders; recalls the EU’s standing invitation for Russia to contribute to this process via constructive engagement with the Eastern Partnership countries;

| 5. | Calls on the Commission and the European External Action Service (EEAS) to consider those developments beyond a purely trade dimension, which is merely a cover for blatant political pressure, and to take action in defence of the Union’s partners, sending a strong message of support for all Eastern Partnership countries in their European aspirations and choices; |
| --- | --- |

5.

Calls on the Commission and the European External Action Service (EEAS) to consider those developments beyond a purely trade dimension, which is merely a cover for blatant political pressure, and to take action in defence of the Union’s partners, sending a strong message of support for all Eastern Partnership countries in their European aspirations and choices;

| 6. | Reaffirms its strong support for the initialling or signing of the Association Agreements at the Vilnius Summit with those Eastern Partnership countries which are ready and willing to do so, provided that the relevant requirements are met; believes that this will give renewed impetus to gradual integration and a substantial deepening of relations, thereby responding to those countries’ European aspirations; calls, in this context, on the Eastern Partnership countries to continue and step up their efforts to conclude their current work in the run-up to the Summit, and not to succumb to the pressure exerted upon them; |
| --- | --- |

6.

Reaffirms its strong support for the initialling or signing of the Association Agreements at the Vilnius Summit with those Eastern Partnership countries which are ready and willing to do so, provided that the relevant requirements are met; believes that this will give renewed impetus to gradual integration and a substantial deepening of relations, thereby responding to those countries’ European aspirations; calls, in this context, on the Eastern Partnership countries to continue and step up their efforts to conclude their current work in the run-up to the Summit, and not to succumb to the pressure exerted upon them;

| 7. | Stresses the need for the EU to fulfil its responsibility to engage and to defend in the spirit of solidarity those Eastern Partnership countries that have been exposed to Russia’s open, alarming and escalating pressures intended to deter them from entering into association with the EU, and asks the Commission and the Council to come forward with concrete, effective measures to support the partner countries; |
| --- | --- |

7.

Stresses the need for the EU to fulfil its responsibility to engage and to defend in the spirit of solidarity those Eastern Partnership countries that have been exposed to Russia’s open, alarming and escalating pressures intended to deter them from entering into association with the EU, and asks the Commission and the Council to come forward with concrete, effective measures to support the partner countries;

| 8. | Recalls that the Association Agreements and DCFTAs are aimed at boosting the competitiveness, economic output and performance of partner countries and of the EU, while at the same time respecting the Eastern Partnership countries’ economic cooperation with Russia in a way that is beneficial to all parties; points out that, as such, the Association Agreements and DCFTAs do not undermine the long-standing trade relations which Eastern Partnership countries maintain in the region; believes that, on the contrary, they should not be seen as incompatible with those trade relations, and that, without prejudice to the obligations stemming from the Association Agreements and DCFTAs, any trade disputes should be resolved in accordance with the rules and obligations laid down in the World Trade Organisation; affirms, furthermore, that the EU is ready to assist Eastern Partnership partners in their integration efforts by supporting the provisional application of the relevant sections of the Association Agreements or DCFTAs upon signature, unfreezing suspended loans and assistance programmes if the required conditions are met, pursuing visa facilitation measures and the prospect of visa-free travel; |
| --- | --- |

8.

Recalls that the Association Agreements and DCFTAs are aimed at boosting the competitiveness, economic output and performance of partner countries and of the EU, while at the same time respecting the Eastern Partnership countries’ economic cooperation with Russia in a way that is beneficial to all parties; points out that, as such, the Association Agreements and DCFTAs do not undermine the long-standing trade relations which Eastern Partnership countries maintain in the region; believes that, on the contrary, they should not be seen as incompatible with those trade relations, and that, without prejudice to the obligations stemming from the Association Agreements and DCFTAs, any trade disputes should be resolved in accordance with the rules and obligations laid down in the World Trade Organisation; affirms, furthermore, that the EU is ready to assist Eastern Partnership partners in their integration efforts by supporting the provisional application of the relevant sections of the Association Agreements or DCFTAs upon signature, unfreezing suspended loans and assistance programmes if the required conditions are met, pursuing visa facilitation measures and the prospect of visa-free travel;

| 9. | Points out that European integration commands majority popular support in the countries awaiting the initialling or signing of Association Agreements; urges the Commission and the EEAS, nonetheless, to step up efforts to promote the visibility of the Eastern Partnership and its benefits among the general public in the partner countries as a way of consolidating the political consensus regarding their European choices; asks that in the short term a broad information and public awareness campaign be developed and launched in the relevant partner countries concerning the nature, benefits and requirements of the Association Agreements; |
| --- | --- |

9.

Points out that European integration commands majority popular support in the countries awaiting the initialling or signing of Association Agreements; urges the Commission and the EEAS, nonetheless, to step up efforts to promote the visibility of the Eastern Partnership and its benefits among the general public in the partner countries as a way of consolidating the political consensus regarding their European choices; asks that in the short term a broad information and public awareness campaign be developed and launched in the relevant partner countries concerning the nature, benefits and requirements of the Association Agreements;

| 10. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Member States, the governments and parliaments of the Eastern Partnership countries and of the Russian Federation, the Parliamentary Assembly of the Council of Europe and the Organisation for Security and Cooperation in Europe. |
| --- | --- |

10.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Member States, the governments and parliaments of the Eastern Partnership countries and of the Russian Federation, the Parliamentary Assembly of the Council of Europe and the Organisation for Security and Cooperation in Europe.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/154 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/154

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P7_TA(2013)0384

EU internal security strategy

European Parliament resolution of 12 September 2013 on the second report on the implementation of the EU Internal Security Strategy (2013/2636(RSP))

(2016/C 093/23)

The European Parliament,

| — | having regard to the Commission communication of 10 April 2013 entitled ‘Second Report on the implementation of the EU Internal Security Strategy’ (COM(2013)0179), |
| --- | --- |

—

having regard to the Commission communication of 10 April 2013 entitled ‘Second Report on the implementation of the EU Internal Security Strategy’ (COM(2013)0179),

| — | having regard to its resolution of 22 May 2012 on the European Union’s Internal Security Strategy (1), |
| --- | --- |

—

having regard to its resolution of 22 May 2012 on the European Union’s Internal Security Strategy (1),

| — | having regard to its resolution of 11 June 2013 on ‘organised crime, corruption, and money laundering: recommendations on action and initiatives to be taken (interim report)’ (2), |
| --- | --- |

—

having regard to its resolution of 11 June 2013 on ‘organised crime, corruption, and money laundering: recommendations on action and initiatives to be taken (interim report)’ (2),

| — | having regard to the Stockholm Programme and its implementing Action Plan (COM(2010)0171), |
| --- | --- |

—

having regard to the Stockholm Programme and its implementing Action Plan (COM(2010)0171),

| — | having regard to the European Union Internal Security Strategy as adopted by the Council on 25 February 2010, |
| --- | --- |

—

having regard to the European Union Internal Security Strategy as adopted by the Council on 25 February 2010,

| — | having regard to the Council conclusions of 7 June 2013 on setting the EU’s priorities for the fight against serious and organised crime between 2014 and 2017, |
| --- | --- |

—

having regard to the Council conclusions of 7 June 2013 on setting the EU’s priorities for the fight against serious and organised crime between 2014 and 2017,

| — | having regard to Europol’s EU Terrorism Situation and Trend Report (TE-SAT) 2013, |
| --- | --- |

—

having regard to Europol’s EU Terrorism Situation and Trend Report (TE-SAT) 2013,

| — | having regard to Europol’s EU Serious and Organised Crime Threat Assessment (SOCTA) 2013, |
| --- | --- |

—

having regard to Europol’s EU Serious and Organised Crime Threat Assessment (SOCTA) 2013,

| — | having regard to the Commission staff working document on the evaluation of the EU policy cycle on serious and organised crime 2011-2013 (SWD(2013)0017), |
| --- | --- |

—

having regard to the Commission staff working document on the evaluation of the EU policy cycle on serious and organised crime 2011-2013 (SWD(2013)0017),

| — | having regard to Articles 2 and 3(2) of the Treaty on European Union, and to Title V, Chapters 1, 2, 4 and 5, of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 2 and 3(2) of the Treaty on European Union, and to Title V, Chapters 1, 2, 4 and 5, of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 6, 7, 8, 10(1), 11, 12, 21, 47-50, 52 and 53 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 6, 7, 8, 10(1), 11, 12, 21, 47-50, 52 and 53 thereof,

| — | having regard to the relevant European and national constitutional court case law dealing with the criterion of proportionality and the need for it to be applied by public authorities in a democratic society, |
| --- | --- |

—

having regard to the relevant European and national constitutional court case law dealing with the criterion of proportionality and the need for it to be applied by public authorities in a democratic society,

| — | having regard to the relevant decisions of the European Court of Human Rights, |
| --- | --- |

—

having regard to the relevant decisions of the European Court of Human Rights,

| — | having regard to the report of the UN Special Rapporteur on the Human Rights of Migrants, François Crépeau, set out in the study of 24 April 2013 entitled ‘Management of the external borders of the European Union and its impact on the human rights of migrants’, |
| --- | --- |

—

having regard to the report of the UN Special Rapporteur on the Human Rights of Migrants, François Crépeau, set out in the study of 24 April 2013 entitled ‘Management of the external borders of the European Union and its impact on the human rights of migrants’,

| — | having regard to the question to the Commission on the second report on the implementation of the EU Internal Security Strategy (O-000068/2013 — B7-0213/2013), |
| --- | --- |

—

having regard to the question to the Commission on the second report on the implementation of the EU Internal Security Strategy (O-000068/2013 — B7-0213/2013),

| — | having regard to Rules 115(5) and 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

| A. | whereas the Treaty of Lisbon follows on from the Treaty of Maastricht, providing for an area of security, freedom and justice, and enables the foundations to be laid for the development of an EU security policy and a security agenda shared by the EU and the Member States, which must be anchored in the rule of law and respect for democratic values, public freedoms, fundamental rights and solidarity, and subject to democratic control at European and national level; whereas these prerequisites reflect the international obligations of the EU and its Member States, notably those arising from the European Convention for the Protection of Human Rights and Fundamental Freedoms and from the UN agreements to which they are parties; |
| --- | --- |

A.

whereas the Treaty of Lisbon follows on from the Treaty of Maastricht, providing for an area of security, freedom and justice, and enables the foundations to be laid for the development of an EU security policy and a security agenda shared by the EU and the Member States, which must be anchored in the rule of law and respect for democratic values, public freedoms, fundamental rights and solidarity, and subject to democratic control at European and national level; whereas these prerequisites reflect the international obligations of the EU and its Member States, notably those arising from the European Convention for the Protection of Human Rights and Fundamental Freedoms and from the UN agreements to which they are parties;

| B. | whereas security policies cannot be concerned solely with repression, but must also address prevention, which is particularly crucial at a time when growing economic and social inequalities are calling into question the social pact and the reality of fundamental rights and public freedoms; |
| --- | --- |

B.

whereas security policies cannot be concerned solely with repression, but must also address prevention, which is particularly crucial at a time when growing economic and social inequalities are calling into question the social pact and the reality of fundamental rights and public freedoms;

| C. | whereas the security of EU citizens is paramount; |
| --- | --- |

C.

whereas the security of EU citizens is paramount;

| D. | whereas the Member States and the Commission have not actually addressed all the implications of the entry into force of the Lisbon Treaty, and whereas Parliament consequently continues to play a relatively marginal role, with the positions it takes, notably on the need to have regard to the Charter of Fundamental Rights of the European Union, not being integrated into the decision-making process (3); |
| --- | --- |

D.

whereas the Member States and the Commission have not actually addressed all the implications of the entry into force of the Lisbon Treaty, and whereas Parliament consequently continues to play a relatively marginal role, with the positions it takes, notably on the need to have regard to the Charter of Fundamental Rights of the European Union, not being integrated into the decision-making process (3);

| E. | whereas the Internal Security Strategy (ISS) for the 2010-2014 period has identified five priority areas in which the EU can provide added value: putting a stop to the activities of international crime networks and helping to dismantle them, preventing terrorist attacks, enhancing cybersecurity, ensuring border security, and increasing resilience to natural disasters; whereas the strategy can be implemented only if it safeguards the free movement of persons, the rights of migrants and asylum-seekers and compliance with all the international obligations incumbent on the EU and its Member States; |
| --- | --- |

E.

whereas the Internal Security Strategy (ISS) for the 2010-2014 period has identified five priority areas in which the EU can provide added value: putting a stop to the activities of international crime networks and helping to dismantle them, preventing terrorist attacks, enhancing cybersecurity, ensuring border security, and increasing resilience to natural disasters; whereas the strategy can be implemented only if it safeguards the free movement of persons, the rights of migrants and asylum-seekers and compliance with all the international obligations incumbent on the EU and its Member States;

| F. | whereas the second annual report on the implementation of the ISS acknowledged that all five objectives remain valid, and outlined the current state of play, the progress made so far and the way forward; |
| --- | --- |

F.

whereas the second annual report on the implementation of the ISS acknowledged that all five objectives remain valid, and outlined the current state of play, the progress made so far and the way forward;

| 1. | Finds it regrettable that the Commission’s second communication on the implementation of the ISS, of 10 April 2013, expresses scant criticism of the activities carried out under the ISS, reaffirming the same priorities as its initial communication of November 2010 and failing, in particular, to take account of the consequences of the incorporation of the Charter of Fundamental Rights, most of the provisions of which apply not only to EU citizens but to everyone on EU territory; |
| --- | --- |

1.

Finds it regrettable that the Commission’s second communication on the implementation of the ISS, of 10 April 2013, expresses scant criticism of the activities carried out under the ISS, reaffirming the same priorities as its initial communication of November 2010 and failing, in particular, to take account of the consequences of the incorporation of the Charter of Fundamental Rights, most of the provisions of which apply not only to EU citizens but to everyone on EU territory;

| 2. | Takes note of the work undertaken in order to set up the ISS and of the main principles governing the strategy, which is intended to enable all EU institutions and the Member States to work towards the same goals; emphasises that freedom, security and justice are objectives that must be pursued in parallel and recalls that, in order to achieve freedom and justice, security must always be pursued in accordance with the principles of the Treaties, the rule of law and the Union’s fundamental rights obligations; believes that EU security measures should focus on activities with a proven capacity to lower crime rates and prevent terrorist attacks, carried out in accordance with the principles of necessity, proportionality and respect for fundamental rights and on the basis of proper oversight and accountability; |
| --- | --- |

2.

Takes note of the work undertaken in order to set up the ISS and of the main principles governing the strategy, which is intended to enable all EU institutions and the Member States to work towards the same goals; emphasises that freedom, security and justice are objectives that must be pursued in parallel and recalls that, in order to achieve freedom and justice, security must always be pursued in accordance with the principles of the Treaties, the rule of law and the Union’s fundamental rights obligations; believes that EU security measures should focus on activities with a proven capacity to lower crime rates and prevent terrorist attacks, carried out in accordance with the principles of necessity, proportionality and respect for fundamental rights and on the basis of proper oversight and accountability;

| 3. | Underlines the fact that internal security is not exempt from EU and national fundamental rights obligations, and expresses serious concern at the fact that EU institutions and Member States’ authorities and citizens have been subjected to secret surveillance by Member States, third countries and third parties, with the collaboration of private companies; calls on the EU and Member State institutions to inquire into, and take follow-up actions on, the matter; stresses that any EU internal security strategy must be based on a common understanding of what is ‘internal’ and what is ‘external’ and must be aimed at defending EU institutions, and EU Member States and their citizens from illegal foreign surveillance and undue influence and manipulation; calls for a strengthening of the security and confidentiality of EU communication and logistics systems against third-party or foreign surveillance; highlights the fact that the right of citizens to privacy and data protection and the right of access to documents and information are fundamental European values and rights, which must be upheld at all levels and in all fora; |
| --- | --- |

3.

Underlines the fact that internal security is not exempt from EU and national fundamental rights obligations, and expresses serious concern at the fact that EU institutions and Member States’ authorities and citizens have been subjected to secret surveillance by Member States, third countries and third parties, with the collaboration of private companies; calls on the EU and Member State institutions to inquire into, and take follow-up actions on, the matter; stresses that any EU internal security strategy must be based on a common understanding of what is ‘internal’ and what is ‘external’ and must be aimed at defending EU institutions, and EU Member States and their citizens from illegal foreign surveillance and undue influence and manipulation; calls for a strengthening of the security and confidentiality of EU communication and logistics systems against third-party or foreign surveillance; highlights the fact that the right of citizens to privacy and data protection and the right of access to documents and information are fundamental European values and rights, which must be upheld at all levels and in all fora;

| 4. | Recalls that Parliament is now a fully-fledged institutional actor in the field of security policies, and is therefore entitled to participate actively in determining the features and priorities of the ISS and in evaluating the relevant instruments, including through regular monitoring exercises on the implementation of the ISS, to be conducted jointly by the European Parliament, national parliaments and the Council under Articles 70 and 71 TFEU; |
| --- | --- |

4.

Recalls that Parliament is now a fully-fledged institutional actor in the field of security policies, and is therefore entitled to participate actively in determining the features and priorities of the ISS and in evaluating the relevant instruments, including through regular monitoring exercises on the implementation of the ISS, to be conducted jointly by the European Parliament, national parliaments and the Council under Articles 70 and 71 TFEU;

| 5. | Believes that a proper analysis of the security threats to be addressed is an essential prerequisite for an effective ISS; reminds the Commission of its commitment to produce a cross-sectoral overview of natural risks and man-made threats (intentional or unintentional) in the EU; reminds the European Council of its Treaty obligation under Article 222 TFEU to conduct a regular EU threat assessment and invites the Commission to come forward with concrete proposals on how best to implement the above-mentioned obligations, drawing together the current fragmented and narrowly focused threat and risk assessments at EU and national level; |
| --- | --- |

5.

Believes that a proper analysis of the security threats to be addressed is an essential prerequisite for an effective ISS; reminds the Commission of its commitment to produce a cross-sectoral overview of natural risks and man-made threats (intentional or unintentional) in the EU; reminds the European Council of its Treaty obligation under Article 222 TFEU to conduct a regular EU threat assessment and invites the Commission to come forward with concrete proposals on how best to implement the above-mentioned obligations, drawing together the current fragmented and narrowly focused threat and risk assessments at EU and national level;

| 6. | Notes that Europol’s effectiveness in assessing and analysing terrorist threats and other criminal activities depends largely on the willingness of services in the Member States to provide it with information; suggests enhancing the supply of information by Member States to Europol by strengthening the Member States’ duty to cooperate with Europol; |
| --- | --- |

6.

Notes that Europol’s effectiveness in assessing and analysing terrorist threats and other criminal activities depends largely on the willingness of services in the Member States to provide it with information; suggests enhancing the supply of information by Member States to Europol by strengthening the Member States’ duty to cooperate with Europol;

| 7. | Recalls that one of the major threats to the EU’s internal security is organised crime, including mafias; notes with satisfaction the progress made by the Member States and the Commission as part of the EU policy cycle on organised and serious international crime and calls on the Member States for renewed commitment and appropriate resources; takes the view that common legal standards and operating tools should be promoted, such as seizures, European Investigation Orders and joint investigation teams; considers it necessary to step up judicial and police cooperation between the Member States and the EU, and with non-EU countries, without prejudice to legislation and to the EU’s international obligations with regard to fundamental freedoms and rights, the rule of law and protection of the personal data and private life of citizens and residents of the EU, and calls for the European Parliament to play a key role in assessing and formulating internal security policies, as they have a strong impact on the fundamental rights of all people living in the EU; stresses accordingly the need to ensure that these policies fall within the competence of the only European institution which is elected by direct suffrage to scrutinise and exercise democratic control over the EU’s policies in the context of the Area of Freedom, Security and Justice; |
| --- | --- |

7.

Recalls that one of the major threats to the EU’s internal security is organised crime, including mafias; notes with satisfaction the progress made by the Member States and the Commission as part of the EU policy cycle on organised and serious international crime and calls on the Member States for renewed commitment and appropriate resources; takes the view that common legal standards and operating tools should be promoted, such as seizures, European Investigation Orders and joint investigation teams; considers it necessary to step up judicial and police cooperation between the Member States and the EU, and with non-EU countries, without prejudice to legislation and to the EU’s international obligations with regard to fundamental freedoms and rights, the rule of law and protection of the personal data and private life of citizens and residents of the EU, and calls for the European Parliament to play a key role in assessing and formulating internal security policies, as they have a strong impact on the fundamental rights of all people living in the EU; stresses accordingly the need to ensure that these policies fall within the competence of the only European institution which is elected by direct suffrage to scrutinise and exercise democratic control over the EU’s policies in the context of the Area of Freedom, Security and Justice;

| 8. | Reiterates, on the basis of the existing cooperation between the European Parliament and national parliaments, its idea of a ‘parliamentary policy cycle’ — finely tuned to the Commission’s annual reporting in this field — concluding with an annual parliamentary report on the current state of play as regards the ISS; |
| --- | --- |

8.

Reiterates, on the basis of the existing cooperation between the European Parliament and national parliaments, its idea of a ‘parliamentary policy cycle’ — finely tuned to the Commission’s annual reporting in this field — concluding with an annual parliamentary report on the current state of play as regards the ISS;

| 9. | Takes the view that special attention should be paid to combating violence against children and women; |
| --- | --- |

9.

Takes the view that special attention should be paid to combating violence against children and women;

| 10. | Welcomes the fact that combating illicit trafficking in firearms has been included among the EU’s priorities for the fight against organised crime; awaits, however, the overall strategic orientation to be developed by the Commission with regard to firearms, including their use for purposes of trafficking, organised crime and terrorism; |
| --- | --- |

10.

Welcomes the fact that combating illicit trafficking in firearms has been included among the EU’s priorities for the fight against organised crime; awaits, however, the overall strategic orientation to be developed by the Commission with regard to firearms, including their use for purposes of trafficking, organised crime and terrorism;

| 11. | Regrets the fact that the fight against money laundering has not been included as a separate EU priority for the fight against organised crime, as was recommended by Europol; strongly believes that different types of organised crime, such as money laundering, environmental crime and corporate crime and corruption, are interlinked and mutually reinforcing, and calls on the Commission and the Council to prioritise without delay the fight against corruption and money laundering; |
| --- | --- |

11.

Regrets the fact that the fight against money laundering has not been included as a separate EU priority for the fight against organised crime, as was recommended by Europol; strongly believes that different types of organised crime, such as money laundering, environmental crime and corporate crime and corruption, are interlinked and mutually reinforcing, and calls on the Commission and the Council to prioritise without delay the fight against corruption and money laundering;

| 12. | Stresses that the fight against terrorism is a priority within the ISS; points out that according to Europol the terrorist threat in the EU is real, although it takes very many forms, but questions the Union’s priorities in this respect with regard to the actual origin of terrorist attacks; insists on the need to give greater priority to prevention policies alongside repressive measures; notes the need here for a closer focus on, and allocation of the corresponding financial and human resources to, targeted policing measures and information services, so that terrorist attacks can actually be prevented; recalls the importance of preventing terrorist funding and looks forward to the proposal for a framework for judicial and administrative measures such as freezing the funds of persons suspected of terrorism pursuant to Article 75 TFEU; calls on the Commission and the Member States to evaluate properly the nature and extent of the threat posed by a resurgence of violent political radicalisation; considers it crucial to develop mechanisms that permit the early detection of signs of such radicalisation, and asks the Commission and the Member States to take this on board, including with regard to prevention, within their respective areas of activity; is concerned about the increasing activity by what are generally termed ‘lone wolves’, of EU or third-country nationality, who travel to conflict areas and then return to EU territory, because they present new types of risk that cannot be addressed using normal anti-terrorist methods; encourages exchanges of good practices for the prevention of radicalisation among young people and supports the proposed EU toolbox on the subject; expects the evaluation of the Framework Decision on combating terrorism to take all these parameters into account and underlines the need to better interlink existing counter-terrorism instruments; |
| --- | --- |

12.

Stresses that the fight against terrorism is a priority within the ISS; points out that according to Europol the terrorist threat in the EU is real, although it takes very many forms, but questions the Union’s priorities in this respect with regard to the actual origin of terrorist attacks; insists on the need to give greater priority to prevention policies alongside repressive measures; notes the need here for a closer focus on, and allocation of the corresponding financial and human resources to, targeted policing measures and information services, so that terrorist attacks can actually be prevented; recalls the importance of preventing terrorist funding and looks forward to the proposal for a framework for judicial and administrative measures such as freezing the funds of persons suspected of terrorism pursuant to Article 75 TFEU; calls on the Commission and the Member States to evaluate properly the nature and extent of the threat posed by a resurgence of violent political radicalisation; considers it crucial to develop mechanisms that permit the early detection of signs of such radicalisation, and asks the Commission and the Member States to take this on board, including with regard to prevention, within their respective areas of activity; is concerned about the increasing activity by what are generally termed ‘lone wolves’, of EU or third-country nationality, who travel to conflict areas and then return to EU territory, because they present new types of risk that cannot be addressed using normal anti-terrorist methods; encourages exchanges of good practices for the prevention of radicalisation among young people and supports the proposed EU toolbox on the subject; expects the evaluation of the Framework Decision on combating terrorism to take all these parameters into account and underlines the need to better interlink existing counter-terrorism instruments;

| 13. | Calls on the Commission, the Member States and the other EU institutions and bodies to conduct a thorough investigation into violent extremist movements within the Union and to take practical measures to combat violent activities from such quarters; |
| --- | --- |

13.

Calls on the Commission, the Member States and the other EU institutions and bodies to conduct a thorough investigation into violent extremist movements within the Union and to take practical measures to combat violent activities from such quarters;

| 14. | Stresses that the private sector, particularly the financial industry, plays a crucial role in combating organised crime and terrorist financing by identifying and reporting cases of fraud, money laundering and other suspicious transactions; points out that the financial sector must work more closely with government agencies to identify gaps in current regulations and implement innovative techniques to address these issues; stresses that it is of paramount importance to understand that any effective fight against organised crime and terrorism depends on an integrated approach involving all stakeholders at national and EU level; |
| --- | --- |

14.

Stresses that the private sector, particularly the financial industry, plays a crucial role in combating organised crime and terrorist financing by identifying and reporting cases of fraud, money laundering and other suspicious transactions; points out that the financial sector must work more closely with government agencies to identify gaps in current regulations and implement innovative techniques to address these issues; stresses that it is of paramount importance to understand that any effective fight against organised crime and terrorism depends on an integrated approach involving all stakeholders at national and EU level;

| 15. | Considers that the resilience of critical infrastructure to man-made and natural disasters should be strengthened; regrets the fact that the current European Critical Infrastructure Protection Directive (2008/114/EC (4)) is not working properly and calls on the Commission to propose amending this directive in order to enhance it; |
| --- | --- |

15.

Considers that the resilience of critical infrastructure to man-made and natural disasters should be strengthened; regrets the fact that the current European Critical Infrastructure Protection Directive (2008/114/EC (4)) is not working properly and calls on the Commission to propose amending this directive in order to enhance it;

| 16. | Believes that a statistical study needs to be conducted on natural risks, listing the most critical areas, and that this should be the basis for developing an automatic rescue and response system that is effective in responding promptly to emergencies; |
| --- | --- |

16.

Believes that a statistical study needs to be conducted on natural risks, listing the most critical areas, and that this should be the basis for developing an automatic rescue and response system that is effective in responding promptly to emergencies;

| 17. | Considers it to be of the utmost importance to combat environmental and economic crime decisively, whatever its origins, since it has a particularly detrimental impact on the living conditions of EU citizens, especially in times of crisis; |
| --- | --- |

17.

Considers it to be of the utmost importance to combat environmental and economic crime decisively, whatever its origins, since it has a particularly detrimental impact on the living conditions of EU citizens, especially in times of crisis;

| 18. | Welcomes, and has high hopes for, the Commission’s announcement of an initiative against cigarette smuggling; |
| --- | --- |

18.

Welcomes, and has high hopes for, the Commission’s announcement of an initiative against cigarette smuggling;

| 19. | Notes the priority accorded in the ISS to fighting cybercrime; considers cybercrime to be a rising threat to the EU and an important enabler for other criminal activities; calls on the Commission to make sufficient funds available for the new European Cybercrime Centre and urges all the Member States to ratify the Council of Europe Convention on Cybercrime; recalls that the processing and collection of personal data as part of the ISS must always comply with EU data protection principles, particularly those of necessity, proportionality and legality, and with EU legislation and the relevant Council of Europe conventions in this field; highlights the need to pay particular attention to children in the digital environment, and the importance of combating child pornography; supports the expansion of the Global Alliance against Child Sexual Abuse Online; |
| --- | --- |

19.

Notes the priority accorded in the ISS to fighting cybercrime; considers cybercrime to be a rising threat to the EU and an important enabler for other criminal activities; calls on the Commission to make sufficient funds available for the new European Cybercrime Centre and urges all the Member States to ratify the Council of Europe Convention on Cybercrime; recalls that the processing and collection of personal data as part of the ISS must always comply with EU data protection principles, particularly those of necessity, proportionality and legality, and with EU legislation and the relevant Council of Europe conventions in this field; highlights the need to pay particular attention to children in the digital environment, and the importance of combating child pornography; supports the expansion of the Global Alliance against Child Sexual Abuse Online;

| 20. | Reiterates that enhancing EU police and judicial cooperation, including through Europol, the European Police College (CEPOL) and Eurojust, along with the provision of appropriate training, is critical to a proper ISS and must involve the competent authorities in the Member States as well as EU institutions and agencies; considers that such cooperation must not be confined to the identification and arrest of criminal suspects, but should also focus on preventing crime and repeat offending; notes the relevant Commission proposals, including for the reform of Eurojust and for draft legislation on the setting-up of a European Public Prosecutor’s Office; points out the need to ensure that the principle of separation of powers between the judicial and policing sectors, along with their respective autonomy, is observed; |
| --- | --- |

20.

Reiterates that enhancing EU police and judicial cooperation, including through Europol, the European Police College (CEPOL) and Eurojust, along with the provision of appropriate training, is critical to a proper ISS and must involve the competent authorities in the Member States as well as EU institutions and agencies; considers that such cooperation must not be confined to the identification and arrest of criminal suspects, but should also focus on preventing crime and repeat offending; notes the relevant Commission proposals, including for the reform of Eurojust and for draft legislation on the setting-up of a European Public Prosecutor’s Office; points out the need to ensure that the principle of separation of powers between the judicial and policing sectors, along with their respective autonomy, is observed;

| 21. | Supports the setting-up of a European Public Prosecutor’s Office in order, in particular, to safeguard the Union budget more effectively, and calls on the Commission to submit a proposal promptly; |
| --- | --- |

21.

Supports the setting-up of a European Public Prosecutor’s Office in order, in particular, to safeguard the Union budget more effectively, and calls on the Commission to submit a proposal promptly;

| 22. | Regrets the fact that the ISS still lacks a proper ‘justice dimension’; recalls, in line with the Stockholm Programme, that mutual trust must be strengthened by progressively developing a European judicial culture based on the diversity of legal systems and on unity through European law, and that this must entail respect for the rule of law, democratic values and human rights and must not be restricted merely to the pursuit of criminal or terrorist suspects; highlights the prime importance of mutual trust as a prerequisite for fostering judicial cooperation, and considers that the sole basis for such trust is the establishment and observance of equal standards with regard to civil liberties and procedural safeguards; |
| --- | --- |

22.

Regrets the fact that the ISS still lacks a proper ‘justice dimension’; recalls, in line with the Stockholm Programme, that mutual trust must be strengthened by progressively developing a European judicial culture based on the diversity of legal systems and on unity through European law, and that this must entail respect for the rule of law, democratic values and human rights and must not be restricted merely to the pursuit of criminal or terrorist suspects; highlights the prime importance of mutual trust as a prerequisite for fostering judicial cooperation, and considers that the sole basis for such trust is the establishment and observance of equal standards with regard to civil liberties and procedural safeguards;

| 23. | Underlines the importance of developing integrated border management which should ensure uniform, secure and high-quality external border control while facilitating legitimate travel across external borders and promoting mobility within the Schengen area; welcomes the recent entry into operation of the Schengen Information System II and calls on eu-LISA to ensure high-quality operational management of the new system; expects the new European Border Surveillance System (EUROSUR) to be fully functional by the end of 2014 and believes it will be an efficient instrument which will contribute to the detection and prevention of, and the fight against, cross-border crime and irregular immigration, as well as to protecting migrants and saving their lives; stresses that the possible development of new IT systems in the area of migration and border management, such as the Smart Borders initiatives, should be carefully analysed, especially in the light of the principles of necessity and proportionality, and should eventually be developed only once the relevant legal instruments have been adopted; particularly welcomes the recent agreement reached on the Schengen Evaluation Mechanism and calls on the Commission to fulfil its new responsibilities in order to ensure a high level of compliance with the Schengen acquis throughout the Schengen area; stresses that the reintroduction of controls at internal borders should be an exceptional measure that may be used only as a last resort, taking into consideration not only the security aspects but also the impact on mobility and freedom of movement; highlights the fact that the migration of, and crossing of external borders by, a large number of third-country nationals should not, per se, be considered to be a threat to public policy or to internal security; reiterates its strong support for the accession of Bulgaria and Romania to the Schengen area and calls on the Council also to agree to their accession, as this will boost mutual trust and solidarity, which are necessary preconditions for ensuring a high degree of security inside the EU; |
| --- | --- |

23.

Underlines the importance of developing integrated border management which should ensure uniform, secure and high-quality external border control while facilitating legitimate travel across external borders and promoting mobility within the Schengen area; welcomes the recent entry into operation of the Schengen Information System II and calls on eu-LISA to ensure high-quality operational management of the new system; expects the new European Border Surveillance System (EUROSUR) to be fully functional by the end of 2014 and believes it will be an efficient instrument which will contribute to the detection and prevention of, and the fight against, cross-border crime and irregular immigration, as well as to protecting migrants and saving their lives; stresses that the possible development of new IT systems in the area of migration and border management, such as the Smart Borders initiatives, should be carefully analysed, especially in the light of the principles of necessity and proportionality, and should eventually be developed only once the relevant legal instruments have been adopted; particularly welcomes the recent agreement reached on the Schengen Evaluation Mechanism and calls on the Commission to fulfil its new responsibilities in order to ensure a high level of compliance with the Schengen acquis throughout the Schengen area; stresses that the reintroduction of controls at internal borders should be an exceptional measure that may be used only as a last resort, taking into consideration not only the security aspects but also the impact on mobility and freedom of movement; highlights the fact that the migration of, and crossing of external borders by, a large number of third-country nationals should not, per se, be considered to be a threat to public policy or to internal security; reiterates its strong support for the accession of Bulgaria and Romania to the Schengen area and calls on the Council also to agree to their accession, as this will boost mutual trust and solidarity, which are necessary preconditions for ensuring a high degree of security inside the EU;

| 24. | Stresses the importance of strengthening mutual trust between police forces in order to promote cooperation, joint investigation teams and the exchange of information; points out, in this connection, that European training for police forces is crucial; |
| --- | --- |

24.

Stresses the importance of strengthening mutual trust between police forces in order to promote cooperation, joint investigation teams and the exchange of information; points out, in this connection, that European training for police forces is crucial;

| 25. | Believes that the definition and implementation of the ISS should take more fully into account the existing interaction between the internal and external dimensions of security policy, and that, in both of these dimensions, EU institutions and agencies active in the justice and home affairs field should perform their tasks in full compliance with the values and principles of EU law and the Charter of Fundamental Rights; calls on the Commission and the Member States also to assess the impact of the ISS on the EU External Security Strategy, including with regard to obligations concerning the observance and promotion of fundamental freedoms and rights and of democratic values and principles as set forth in the international texts, conventions and agreements to which they are signatories; regrets the fact that the implementation of the 2011 roadmap aimed at ‘Strengthening Ties between CSDP and FSJ’ is not on track and urges the European External Action Service to speed up work on it; |
| --- | --- |

25.

Believes that the definition and implementation of the ISS should take more fully into account the existing interaction between the internal and external dimensions of security policy, and that, in both of these dimensions, EU institutions and agencies active in the justice and home affairs field should perform their tasks in full compliance with the values and principles of EU law and the Charter of Fundamental Rights; calls on the Commission and the Member States also to assess the impact of the ISS on the EU External Security Strategy, including with regard to obligations concerning the observance and promotion of fundamental freedoms and rights and of democratic values and principles as set forth in the international texts, conventions and agreements to which they are signatories; regrets the fact that the implementation of the 2011 roadmap aimed at ‘Strengthening Ties between CSDP and FSJ’ is not on track and urges the European External Action Service to speed up work on it;

| 26. | Points out that the current ISS will come to an end in 2014; calls on the Commission to start preparing a new ISS for the 2015-2019 period which takes account of the entry into force of the Treaty of Lisbon and the incorporation of the Charter of Fundamental Rights into Union law; takes the view that this new policy should be based on an in-depth, independent external evaluation of the current strategy and instruments, taking into account future challenges and carried out following broad consultation among stakeholders; calls on the Council to take Parliament’s input concerning the new ISS properly into account before adopting the new strategy; |
| --- | --- |

26.

Points out that the current ISS will come to an end in 2014; calls on the Commission to start preparing a new ISS for the 2015-2019 period which takes account of the entry into force of the Treaty of Lisbon and the incorporation of the Charter of Fundamental Rights into Union law; takes the view that this new policy should be based on an in-depth, independent external evaluation of the current strategy and instruments, taking into account future challenges and carried out following broad consultation among stakeholders; calls on the Council to take Parliament’s input concerning the new ISS properly into account before adopting the new strategy;

| 27. | Instructs its President to forward this resolution to the Commission, the Council and the national parliaments. |
| --- | --- |

27.

Instructs its President to forward this resolution to the Commission, the Council and the national parliaments.

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(1)  Texts adopted, P7_TA(2012)0207.

(2)  Texts adopted, P7_TA(2013)0245.

(3)  See Parliament’s resolution of 15 December 2010 on ‘the situation of fundamental rights in the European Union (2009) — effective implementation after the entry into force of the Treaty of Lisbon’ (OJ C 169 E, 15.6.2012, p. 49).

(4)  OJ L 345, 23.12.2008, p. 75.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/159 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/159

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P7_TA(2013)0385

European strategy on health and safety at work

European Parliament resolution of 12 September 2013 on the European strategy on health and safety at work (2013/2685(RSP))

(2016/C 093/24)

The European Parliament,

| — | having regard to the Treaty on European Union, in particular the preamble and Articles 3 and 6 thereof, |
| --- | --- |

—

having regard to the Treaty on European Union, in particular the preamble and Articles 3 and 6 thereof,

| — | having regard to the Treaty on the Functioning of the European Union, in particular Articles 4, 9, 145, 151, 152, 153, 154, 156 and 168 thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union, in particular Articles 4, 9, 145, 151, 152, 153, 154, 156 and 168 thereof,

| — | having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 1, 3, 27, 31, 32 and 33 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 1, 3, 27, 31, 32 and 33 thereof,

| — | having regard to the question to the Commission on evaluation of the European strategy 2007-2012 on health and safety at work (O-000073/2013 — B7-0214/2013), |
| --- | --- |

—

having regard to the question to the Commission on evaluation of the European strategy 2007-2012 on health and safety at work (O-000073/2013 — B7-0214/2013),

| — | having regard to the Commission Communication of 11 March 2002 entitled ‘Adapting to change in work and society: a new Community strategy on health and safety at work 2002-2006’ (COM(2002)0118), |
| --- | --- |

—

having regard to the Commission Communication of 11 March 2002 entitled ‘Adapting to change in work and society: a new Community strategy on health and safety at work 2002-2006’ (COM(2002)0118),

| — | having regard to the Commission Communication of 21 February 2007 entitled ‘Improving quality and productivity at work: Community strategy 2007-2012 on health and safety at work’ (COM(2007)0062), |
| --- | --- |

—

having regard to the Commission Communication of 21 February 2007 entitled ‘Improving quality and productivity at work: Community strategy 2007-2012 on health and safety at work’ (COM(2007)0062),

| — | having regard to the Commission Communication of 3 March 2010 entitled ‘EUROPE 2020 — A strategy for smart, sustainable and inclusive growth’ COM(2010)2020), |
| --- | --- |

—

having regard to the Commission Communication of 3 March 2010 entitled ‘EUROPE 2020 — A strategy for smart, sustainable and inclusive growth’ COM(2010)2020),

| — | having regard to the Commission Staff Working Paper of 27 April 2011 entitled ‘Mid-term review of the European strategy 2007-2012 on health and safety at work’ (SEC(2011)0547), |
| --- | --- |

—

having regard to the Commission Staff Working Paper of 27 April 2011 entitled ‘Mid-term review of the European strategy 2007-2012 on health and safety at work’ (SEC(2011)0547),

| — | having regard to the Commission Staff Working Paper of 31 May 2013 entitled ‘Evaluation of the European strategy 2007-2012 on health and safety at work’ (SWD(2013)0202), |
| --- | --- |

—

having regard to the Commission Staff Working Paper of 31 May 2013 entitled ‘Evaluation of the European strategy 2007-2012 on health and safety at work’ (SWD(2013)0202),

| — | having regard to its resolution of 24 February 2005 on promoting health and safety at the workplace (1), |
| --- | --- |

—

having regard to its resolution of 24 February 2005 on promoting health and safety at the workplace (1),

| — | having regard to its resolution of 15 January 2008 on the Community strategy 2007-2012 on health and safety at work (2), |
| --- | --- |

—

having regard to its resolution of 15 January 2008 on the Community strategy 2007-2012 on health and safety at work (2),

| — | having regard to its resolution of 15 December 2011 on the mid-term review of the European strategy 2007-2012 on health and safety at work (3), |
| --- | --- |

—

having regard to its resolution of 15 December 2011 on the mid-term review of the European strategy 2007-2012 on health and safety at work (3),

| — | having regard to Rules 115(5) and 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

| A. | whereas the Europe 2020 Strategy aims, by 2020, to attain an employment rate of 75 % for the section of the population aged between 20 and 64; |
| --- | --- |

A.

whereas the Europe 2020 Strategy aims, by 2020, to attain an employment rate of 75 % for the section of the population aged between 20 and 64;

| B. | whereas technological progress, economic developments and the economic and social crisis continuously impact on the working environment and require rapid responses in order to provide a high level of health and safety at work; |
| --- | --- |

B.

whereas technological progress, economic developments and the economic and social crisis continuously impact on the working environment and require rapid responses in order to provide a high level of health and safety at work;

| C. | whereas the economic crisis should not be used as an excuse to undermine occupational risk prevention policies; |
| --- | --- |

C.

whereas the economic crisis should not be used as an excuse to undermine occupational risk prevention policies;

| D. | whereas, to support legislative measures, health and safety at work has been addressed in policy documents and action programmes at EU level since 1978; |
| --- | --- |

D.

whereas, to support legislative measures, health and safety at work has been addressed in policy documents and action programmes at EU level since 1978;

| E. | whereas the Community strategy 2007-2012 on health and safety at work expired in 2012 and has not yet been followed up by any policy document at EU level; |
| --- | --- |

E.

whereas the Community strategy 2007-2012 on health and safety at work expired in 2012 and has not yet been followed up by any policy document at EU level;

| F. | whereas the Commission admits that the Community strategy 2007-2012 on health and safety at work had a positive impact across the EU and that a number of challenges in the area of occupational safety and health still need to be addressed in the coming years; |
| --- | --- |

F.

whereas the Commission admits that the Community strategy 2007-2012 on health and safety at work had a positive impact across the EU and that a number of challenges in the area of occupational safety and health still need to be addressed in the coming years;

| 1. | Is concerned that the Commission has not to date adopted a new European strategy on health and safety at work; |
| --- | --- |

1.

Is concerned that the Commission has not to date adopted a new European strategy on health and safety at work;

| 2. | Reiterates its call on the Commission to present the new European strategy on health and safety at work for the years between now and 2020; calls on the Commission to do so finally before the end of 2013; |
| --- | --- |

2.

Reiterates its call on the Commission to present the new European strategy on health and safety at work for the years between now and 2020; calls on the Commission to do so finally before the end of 2013;

| 3. | Deplores the fact that to date the Commission has not launched a proposal for a directive on either work-related musculoskeletal disorders or the review of Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work, although these were already announced in its work programme for 2011; |
| --- | --- |

3.

Deplores the fact that to date the Commission has not launched a proposal for a directive on either work-related musculoskeletal disorders or the review of Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work, although these were already announced in its work programme for 2011;

| 4. | Repeats the messages contained in its resolution of 15 December 2011 on the mid-term review of the European strategy 2007-2012 on health and safety at work; |
| --- | --- |

4.

Repeats the messages contained in its resolution of 15 December 2011 on the mid-term review of the European strategy 2007-2012 on health and safety at work;

| 5. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

5.

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

---

(1)  OJ C 304 E, 1.12.2005, p. 400.

(2)  OJ C 41 E, 19.2.2009, p. 14.

(3)  OJ C 168 E, 14.6.2013, p. 102.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/161 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/161

---

P7_TA(2013)0386

Cross-border collective bargaining and transnational social dialogue

European Parliament resolution of 12 September 2013 on cross-border collective bargaining and transnational social dialogue (2012/2292(INI))

(2016/C 093/25)

The European Parliament,

| — | having regard to Articles 3(3) and 6(3) of the Treaty of the European Union (TEU), |
| --- | --- |

—

having regard to Articles 3(3) and 6(3) of the Treaty of the European Union (TEU),

| — | having regard to Articles 9, 151, 152, 154, 155 and 156 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 9, 151, 152, 154, 155 and 156 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Articles 12, 28, 52(3) and 53 of the Charter of Fundamental Rights of the European Union, as well as to the Preamble thereto and the relevant explanations, |
| --- | --- |

—

having regard to Articles 12, 28, 52(3) and 53 of the Charter of Fundamental Rights of the European Union, as well as to the Preamble thereto and the relevant explanations,

| — | having regard to Article 11 of the European Convention on Human Rights, |
| --- | --- |

—

having regard to Article 11 of the European Convention on Human Rights,

| — | having regard to Articles 5 and 6 of the (Revised) European Social Charter, |
| --- | --- |

—

having regard to Articles 5 and 6 of the (Revised) European Social Charter,

| — | having regard to Commission Decision 98/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the Dialogue between the social partners at European level, |
| --- | --- |

—

having regard to Commission Decision 98/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the Dialogue between the social partners at European level,

| — | having regard to Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, |
| --- | --- |

—

having regard to Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses,

| — | having regard to Council Directive 2001/86/CE of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees, and to Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees, |
| --- | --- |

—

having regard to Council Directive 2001/86/CE of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees, and to Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees,

| — | having regard to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community, |
| --- | --- |

—

having regard to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community,

| — | having regard to Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees, |
| --- | --- |

—

having regard to Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees,

| — | having regard to the Council Conclusions (EPSCO) 17423/11 adopted on 1 December 2011, |
| --- | --- |

—

having regard to the Council Conclusions (EPSCO) 17423/11 adopted on 1 December 2011,

| — | having regard to the Commission staff working document of 10 September 2012 entitled ‘Transnational company agreements: realising the potential of social dialogue’ (SWD(2012)0264), |
| --- | --- |

—

having regard to the Commission staff working document of 10 September 2012 entitled ‘Transnational company agreements: realising the potential of social dialogue’ (SWD(2012)0264),

| — | having regard to the Commission communication of 18 April 2012 entitled ‘Towards a job-rich recovery’ (COM(2012)0173), |
| --- | --- |

—

having regard to the Commission communication of 18 April 2012 entitled ‘Towards a job-rich recovery’ (COM(2012)0173),

| — | having regard to the report of 31 January 2012 by the Commission’s Expert Group on transnational company agreements, |
| --- | --- |

—

having regard to the report of 31 January 2012 by the Commission’s Expert Group on transnational company agreements,

| — | having regard to the Revised Working Document of 31 January 2012 of the Commission’s Expert Group on transnational company agreements, |
| --- | --- |

—

having regard to the Revised Working Document of 31 January 2012 of the Commission’s Expert Group on transnational company agreements,

| — | having regard to the Commission Green Paper of 17 January 2012 entitled ‘Restructuring and anticipation of change: what lessons from recent experience?’ (COM(2012)0007) and its accompanying Staff Working Document of 17 January 2012 entitled ‘Restructuring in Europe 2011’ (SEC(2012)0059), |
| --- | --- |

—

having regard to the Commission Green Paper of 17 January 2012 entitled ‘Restructuring and anticipation of change: what lessons from recent experience?’ (COM(2012)0007) and its accompanying Staff Working Document of 17 January 2012 entitled ‘Restructuring in Europe 2011’ (SEC(2012)0059),

| — | having regard to the Commission communication of 27 October 2010 entitled ‘An integrated industrial policy for the globalisation era — Putting competitiveness and sustainability at centre stage’ (COM(2010)0614), |
| --- | --- |

—

having regard to the Commission communication of 27 October 2010 entitled ‘An integrated industrial policy for the globalisation era — Putting competitiveness and sustainability at centre stage’ (COM(2010)0614),

| — | having regard to the Commission survey of 2 July 2008 entitled ‘Mapping of transnational texts negotiated at corporate level’ (EMPL F2 EP/bp 2008 (D) 14511), |
| --- | --- |

—

having regard to the Commission survey of 2 July 2008 entitled ‘Mapping of transnational texts negotiated at corporate level’ (EMPL F2 EP/bp 2008 (D) 14511),

| — | having regard to the Commission Staff Working Document of 2008 entitled ‘The role of transnational company agreements in the context of increasing international integration’ (SEC(2008)2155), |
| --- | --- |

—

having regard to the Commission Staff Working Document of 2008 entitled ‘The role of transnational company agreements in the context of increasing international integration’ (SEC(2008)2155),

| — | having regard to the Commission report of February 2006 entitled ‘Transnational collective bargaining: Past, present and future’, |
| --- | --- |

—

having regard to the Commission report of February 2006 entitled ‘Transnational collective bargaining: Past, present and future’,

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

—

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

| — | having regard to the ILO conventions on labour clauses (public contracts) (No 94) and collective bargaining (No 154), |
| --- | --- |

—

having regard to the ILO conventions on labour clauses (public contracts) (No 94) and collective bargaining (No 154),

| — | having regard to the jurisprudence developed by the ILO supervisory bodies, |
| --- | --- |

—

having regard to the jurisprudence developed by the ILO supervisory bodies,

| — | having regard to the ILO tripartite declaration of principles concerning multinational enterprises and social policy (MNE Declaration) (1977), |
| --- | --- |

—

having regard to the ILO tripartite declaration of principles concerning multinational enterprises and social policy (MNE Declaration) (1977),

| — | having regard to the ILO Declaration of 10 June 2008 on Social Justice for a Fair Globalisation, |
| --- | --- |

—

having regard to the ILO Declaration of 10 June 2008 on Social Justice for a Fair Globalisation,

| — | having regard to the ILO Declaration of 18 June 1998 on Fundamental Principles and Rights at Work, |
| --- | --- |

—

having regard to the ILO Declaration of 18 June 1998 on Fundamental Principles and Rights at Work,

| — | having regard to the ILO conventions establishing universal core labour standards with regard to (inter alia): freedom of association and the right to bargain collectively (No 87, 1948 and No 98, 1949); and non-discrimination in employment (No 100, 1951 and No 111, 1958), |
| --- | --- |

—

having regard to the ILO conventions establishing universal core labour standards with regard to (inter alia): freedom of association and the right to bargain collectively (No 87, 1948 and No 98, 1949); and non-discrimination in employment (No 100, 1951 and No 111, 1958),

| — | having regard to its study on ‘Enforcement of Fundamental Workers’ Rights’, commissioned by the Committee on Employment and Social Affairs (September 2012), |
| --- | --- |

—

having regard to its study on ‘Enforcement of Fundamental Workers’ Rights’, commissioned by the Committee on Employment and Social Affairs (September 2012),

| — | having regard to its study on ‘Cross-border collective bargaining and transnational social dialogue’, commissioned by the Committee on Employment and Social Affairs (June 2011), |
| --- | --- |

—

having regard to its study on ‘Cross-border collective bargaining and transnational social dialogue’, commissioned by the Committee on Employment and Social Affairs (June 2011),

| — | having regard to its resolution of 15 January 2013 with recommendations to the Commission on information and consultation of workers and anticipation and management of restructuring (1), |
| --- | --- |

—

having regard to its resolution of 15 January 2013 with recommendations to the Commission on information and consultation of workers and anticipation and management of restructuring (1),

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 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 (A7-0258/2013), |
| --- | --- |

—

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 (A7-0258/2013),

| A. | whereas according to the Commission (2) there were 244 European transnational company agreements (TCAs) in 2012; whereas this indicates that labour relations in transnational companies in Europe are becoming increasingly integrated; |
| --- | --- |

A.

whereas according to the Commission (2) there were 244 European transnational company agreements (TCAs) in 2012; whereas this indicates that labour relations in transnational companies in Europe are becoming increasingly integrated;

| B. | whereas more and more new TCAs contain agreements on dispute resolution procedures, as recommended by both employees’ and employers’ organisations; |
| --- | --- |

B.

whereas more and more new TCAs contain agreements on dispute resolution procedures, as recommended by both employees’ and employers’ organisations;

| C. | whereas there is no legal framework for these agreements either at international or at European level; whereas consideration should be given to whether this is a reason for fewer of these agreements being concluded; |
| --- | --- |

C.

whereas there is no legal framework for these agreements either at international or at European level; whereas consideration should be given to whether this is a reason for fewer of these agreements being concluded;

| D. | whereas each EU Member State has its own system of industrial relations, based on different historical developments and traditions, which has to be respected and does not require harmonisation; |
| --- | --- |

D.

whereas each EU Member State has its own system of industrial relations, based on different historical developments and traditions, which has to be respected and does not require harmonisation;

| E. | whereas cross-border partnerships between social partners have proven to be good practices for promoting the free movement of workers and workers’ rights across borders; whereas EU support for such cross-border partnerships is vital; |
| --- | --- |

E.

whereas cross-border partnerships between social partners have proven to be good practices for promoting the free movement of workers and workers’ rights across borders; whereas EU support for such cross-border partnerships is vital;

| F. | whereas European dialogue promotes the preservation and growth of employment, improvements in working conditions and thus greater prosperity for employees of transnational undertakings by innovative means while preserving autonomy in collective bargaining; |
| --- | --- |

F.

whereas European dialogue promotes the preservation and growth of employment, improvements in working conditions and thus greater prosperity for employees of transnational undertakings by innovative means while preserving autonomy in collective bargaining;

| G. | whereas the EU recognises freedom of association and the right to collective bargaining as fundamental rights; |
| --- | --- |

G.

whereas the EU recognises freedom of association and the right to collective bargaining as fundamental rights;

| H. | whereas businesses increasingly operate on a European level while the representation of workers is predominantly organised along national lines; |
| --- | --- |

H.

whereas businesses increasingly operate on a European level while the representation of workers is predominantly organised along national lines;

| 1. | Notes that this resolution is concerned with TCAs; notes that TCAs are concluded between European trade union federations, on the one hand, and, on the other hand, individual companies and/or employers’ federations, generally at sectoral level, and that the resolution does not concern international framework agreements (IFAs) signed by international trade union federations with undertakings; highlights the need to strengthen European and transnational social dialogue and cross-border collective bargaining; |
| --- | --- |

1.

Notes that this resolution is concerned with TCAs; notes that TCAs are concluded between European trade union federations, on the one hand, and, on the other hand, individual companies and/or employers’ federations, generally at sectoral level, and that the resolution does not concern international framework agreements (IFAs) signed by international trade union federations with undertakings; highlights the need to strengthen European and transnational social dialogue and cross-border collective bargaining;

| 2. | Proposes that the Commission might consider whether an optional European legal framework for these European TCAs would be necessary and useful in order to provide greater legal security, greater transparency, and foreseeable and enforceable legal effects for agreements following the framework provisions; proposes that practices relating to European TCAs should be promoted which recognise the contractual autonomy of the contracting parties, and recommends that provisions be incorporated in the agreements concerning dispute resolution; |
| --- | --- |

2.

Proposes that the Commission might consider whether an optional European legal framework for these European TCAs would be necessary and useful in order to provide greater legal security, greater transparency, and foreseeable and enforceable legal effects for agreements following the framework provisions; proposes that practices relating to European TCAs should be promoted which recognise the contractual autonomy of the contracting parties, and recommends that provisions be incorporated in the agreements concerning dispute resolution;

Optional legal framework for European TCAs

| 3. | Stresses the autonomy of the social partners, as a result of which they enter into negotiations and can conclude agreements at all levels; |
| --- | --- |

3.

Stresses the autonomy of the social partners, as a result of which they enter into negotiations and can conclude agreements at all levels;

| 4. | Stresses that TCAs differ from one another, for example as regards extent of applicability, scope and signatories, in accordance with the purposes, points of departure, needs and objectives of those parties, that businesses and corporate cultures differ substantially from one another and that contracting parties’ autonomy with regard to creating different kinds of TCA must be respected; |
| --- | --- |

4.

Stresses that TCAs differ from one another, for example as regards extent of applicability, scope and signatories, in accordance with the purposes, points of departure, needs and objectives of those parties, that businesses and corporate cultures differ substantially from one another and that contracting parties’ autonomy with regard to creating different kinds of TCA must be respected;

| 5. | Proposes that the social partners exchange experiences in the field of transnational company agreements; |
| --- | --- |

5.

Proposes that the social partners exchange experiences in the field of transnational company agreements;

| 6. | Stresses that the Commission should base its consideration of an optional legal framework on voluntary use, which should be optional for the social partners and companies and group of companies involved as well as based on flexibility and referral at national level in order to give the transnational company agreement legal effect; explicitly stresses the autonomy of the social partners and of the parties to collective agreements; |
| --- | --- |

6.

Stresses that the Commission should base its consideration of an optional legal framework on voluntary use, which should be optional for the social partners and companies and group of companies involved as well as based on flexibility and referral at national level in order to give the transnational company agreement legal effect; explicitly stresses the autonomy of the social partners and of the parties to collective agreements;

| 7. | Considers that European works councils should be fully involved in the negotiations with European trade union federations where applicable, notably since they are able to detect the need/opportunity for a TCA, initiate the process and pave the way for negotiations, and help in ensuring the transparency and dissemination of information concerning the agreements to the workers involved; welcomes the fact that some European trade union federations have designed procedural rules for involving European works councils; |
| --- | --- |

7.

Considers that European works councils should be fully involved in the negotiations with European trade union federations where applicable, notably since they are able to detect the need/opportunity for a TCA, initiate the process and pave the way for negotiations, and help in ensuring the transparency and dissemination of information concerning the agreements to the workers involved; welcomes the fact that some European trade union federations have designed procedural rules for involving European works councils;

| 8. | Is convinced that the inclusion of the most favourable clause and the non-regression clause is necessary to avert the danger that a European transnational company agreement might result in evasion of national collective agreements and national company agreements, or impair them; |
| --- | --- |

8.

Is convinced that the inclusion of the most favourable clause and the non-regression clause is necessary to avert the danger that a European transnational company agreement might result in evasion of national collective agreements and national company agreements, or impair them;

| 9. | Recommends introducing alternative dispute settlement procedures; considers that a first ad hoc joint mechanism at undertaking level should be agreed, for instance encouraging the signatory parties on a voluntary basis to agree on dispute resolution clauses in order to bring about solutions to conflicts between the contracting parties; suggests that these clauses may be based on alternative dispute resolution templates agreed and provided by the EU social partners at sectoral level; recognises that many of the transnational company agreements already concluded at European level already contain working procedures for extrajudicial dispute settlement, and encourages the social partners to exchange views more intensively on the matter and identify methods for further developing and/or optimising them; |
| --- | --- |

9.

Recommends introducing alternative dispute settlement procedures; considers that a first ad hoc joint mechanism at undertaking level should be agreed, for instance encouraging the signatory parties on a voluntary basis to agree on dispute resolution clauses in order to bring about solutions to conflicts between the contracting parties; suggests that these clauses may be based on alternative dispute resolution templates agreed and provided by the EU social partners at sectoral level; recognises that many of the transnational company agreements already concluded at European level already contain working procedures for extrajudicial dispute settlement, and encourages the social partners to exchange views more intensively on the matter and identify methods for further developing and/or optimising them;

| 10. | Proposes to the Commission that it recommend the social partners to take account of the following criteria in relation to European TCAs: the mandating procedure, i.e. clarification of the legitimacy and representativeness of the negotiating parties between whom agreements are concluded; the place and date of conclusion of the agreement; its substantive and geographical scope; the most favourable clause and the non-regression clause; the period of validity; the preconditions for denouncing the agreement and the dispute settlement procedures; the subjects covered by the agreement; and further formal requirements; |
| --- | --- |

10.

Proposes to the Commission that it recommend the social partners to take account of the following criteria in relation to European TCAs: the mandating procedure, i.e. clarification of the legitimacy and representativeness of the negotiating parties between whom agreements are concluded; the place and date of conclusion of the agreement; its substantive and geographical scope; the most favourable clause and the non-regression clause; the period of validity; the preconditions for denouncing the agreement and the dispute settlement procedures; the subjects covered by the agreement; and further formal requirements;

| 11. | Welcomes the activities which the Commission is making available for exchanges of experience for social partners and experts in order to support them, for example collecting examples, establishing databases and undertaking studies; |
| --- | --- |

11.

Welcomes the activities which the Commission is making available for exchanges of experience for social partners and experts in order to support them, for example collecting examples, establishing databases and undertaking studies;

| 12. | Recalls in this context the positive experiences of cross-border partnerships between social partners, and calls on the Commission and the Member States to ensure EU support for such partnerships in the future; |
| --- | --- |

12.

Recalls in this context the positive experiences of cross-border partnerships between social partners, and calls on the Commission and the Member States to ensure EU support for such partnerships in the future;

| 13. | Encourages the European social partners to make full use of the possibility of EU agreements as provided by Article 155 TFEU, on a basis of full respect for their autonomy; |
| --- | --- |

13.

Encourages the European social partners to make full use of the possibility of EU agreements as provided by Article 155 TFEU, on a basis of full respect for their autonomy;

| 14. | Calls for an enhanced role for the European social partners in shaping European policies; in particular, calls for the social partners to participate in drawing up the Annual Growth Survey and to play a stronger role in monitoring the progress achieved by Member States; |
| --- | --- |

14.

Calls for an enhanced role for the European social partners in shaping European policies; in particular, calls for the social partners to participate in drawing up the Annual Growth Survey and to play a stronger role in monitoring the progress achieved by Member States;

| 15. | Stresses the need to encourage, support and increase the representation and participation of women at the different levels of social dialogue and collective bargaining structures and to have the gender dimension mainstreamed in the relevant forums, in order to solicit the views of women and integrate gender equality issues into collective bargaining; points out that social dialogue and collective bargaining have undoubtedly great potential as vehicles for promoting gender equality in the workplace; |
| --- | --- |

15.

Stresses the need to encourage, support and increase the representation and participation of women at the different levels of social dialogue and collective bargaining structures and to have the gender dimension mainstreamed in the relevant forums, in order to solicit the views of women and integrate gender equality issues into collective bargaining; points out that social dialogue and collective bargaining have undoubtedly great potential as vehicles for promoting gender equality in the workplace;

o

o o

| 16. | Instructs its President to forward this resolution to the Council, the Commission, the European Economic and Social Committee, the EU social partners and the national parliaments. |
| --- | --- |

16.

Instructs its President to forward this resolution to the Council, the Commission, the European Economic and Social Committee, the EU social partners and the national parliaments.

---

(1)  Texts adopted, P7_TA(2013)0005.

(2)  Transnational company agreements: realising the potential of social dialogue, Commission Staff Working Document of 10.9.2012 (SWD(2012)0264 final, p. 2).

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/165 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/165

---

P7_TA(2013)0387

The situation of unaccompanied minors in the EU

European Parliament resolution of 12 September 2013 on the situation of unaccompanied minors in the EU (2012/2263(INI))

(2016/C 093/26)

The European Parliament,

| — | having regard to the Treaty on European Union and in particular Article 3 thereof, |
| --- | --- |

—

having regard to the Treaty on European Union and in particular Article 3 thereof,

| — | having regard to the Treaty on the Functioning of the European Union, and in particular Article 67 and 79 thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union, and in particular Article 67 and 79 thereof,

| — | having regard to the provisions of the Charter of Fundamental Rights of the European Union, particularly Article 24 thereof, |
| --- | --- |

—

having regard to the provisions of the Charter of Fundamental Rights of the European Union, particularly Article 24 thereof,

| — | having regard to the European Convention on Human Rights and the protocols thereto, |
| --- | --- |

—

having regard to the European Convention on Human Rights and the protocols thereto,

| — | having regard to the decisions and case law of the Court of Justice of the European Union and of the European Court of Human Rights, |
| --- | --- |

—

having regard to the decisions and case law of the Court of Justice of the European Union and of the European Court of Human Rights,

| — | having regard to the Commission Communication to the European Parliament of 6 May 2010 on the ‘Action Plan on Unaccompanied Minors (2010-2014)’ (COM(2010)0213), |
| --- | --- |

—

having regard to the Commission Communication to the European Parliament of 6 May 2010 on the ‘Action Plan on Unaccompanied Minors (2010-2014)’ (COM(2010)0213),

| — | having regard to the report of 28 September 2012 from the Commission to the European Parliament and the Council entitled ‘Mid-term report on the implementation of the Action Plan on Unaccompanied Minors’ (COM(2012)0554), |
| --- | --- |

—

having regard to the report of 28 September 2012 from the Commission to the European Parliament and the Council entitled ‘Mid-term report on the implementation of the Action Plan on Unaccompanied Minors’ (COM(2012)0554),

| — | having regard to the Commission Communication of 20 April 2010 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the ‘Action Plan implementing the Stockholm Programme’ (COM(2010)0171), |
| --- | --- |

—

having regard to the Commission Communication of 20 April 2010 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the ‘Action Plan implementing the Stockholm Programme’ (COM(2010)0171),

| — | having regard to its resolution of 25 November 2009 on the Commission communication to the European Parliament and the Council entitled ‘An area of freedom, security and justice serving the citizen — Stockholm programme’ (1), |
| --- | --- |

—

having regard to its resolution of 25 November 2009 on the Commission communication to the European Parliament and the Council entitled ‘An area of freedom, security and justice serving the citizen — Stockholm programme’ (1),

| — | having regard to the EU guidelines on violence against women and girls and combating all forms of discrimination against them, |
| --- | --- |

—

having regard to the EU guidelines on violence against women and girls and combating all forms of discrimination against them,

| — | having regard to the conclusions of the Justice and Home Affairs Council of 3 June 2010 on unaccompanied minors, adopted at its 3018th session, |
| --- | --- |

—

having regard to the conclusions of the Justice and Home Affairs Council of 3 June 2010 on unaccompanied minors, adopted at its 3018th session,

| — | having regard to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (2), |
| --- | --- |

—

having regard to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (2),

| — | having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (3), and to the Commission Communication entitled ‘The EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016’, |
| --- | --- |

—

having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (3), and to the Commission Communication entitled ‘The EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016’,

| — | having regard to the directives on asylum, particularly Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (4), Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (5) and Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (6), |
| --- | --- |

—

having regard to the directives on asylum, particularly Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (4), Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (5) and Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (6),

| — | having regard to the Commission’s proposals for reform of the instruments of the common European asylum system (CEAS), particularly the amended proposal for a directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers (recast) (COM(2011)0320), the amended proposal for a directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (recast) (COM(2011)0319), and the proposal for a regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (COM(2008)0820), |
| --- | --- |

—

having regard to the Commission’s proposals for reform of the instruments of the common European asylum system (CEAS), particularly the amended proposal for a directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers (recast) (COM(2011)0320), the amended proposal for a directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (recast) (COM(2011)0319), and the proposal for a regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (COM(2008)0820),

| — | having regard to Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (7), |
| --- | --- |

—

having regard to Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (7),

| — | having regard to Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection (8), |
| --- | --- |

—

having regard to Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection (8),

| — | having regard to Decision No 779/2007/EC of the European Parliament and of the Council of 20 June 2007 establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme ‘Fundamental Rights and Justice’ (9), |
| --- | --- |

—

having regard to Decision No 779/2007/EC of the European Parliament and of the Council of 20 June 2007 establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme ‘Fundamental Rights and Justice’ (9),

| — | having regard to the Commission communication to the European Parliament and the Council of 23 February 2011 entitled ‘Evaluation of EU Readmission Agreements’ (COM(2011)0076), |
| --- | --- |

—

having regard to the Commission communication to the European Parliament and the Council of 23 February 2011 entitled ‘Evaluation of EU Readmission Agreements’ (COM(2011)0076),

| — | having regard to the contributions by the Council of Europe, particularly Resolution 1810 (2011) of its Parliamentary Assembly entitled ‘Unaccompanied children in Europe: issues of arrival, stay and return’, the recommendation of its Committee of Ministers to Member States on life projects for unaccompanied migrant minors (CM/Rec(2007)9) and the ‘Twenty Guidelines on Forced Return’ of its Committee of Ministers (CM(2005)40), |
| --- | --- |

—

having regard to the contributions by the Council of Europe, particularly Resolution 1810 (2011) of its Parliamentary Assembly entitled ‘Unaccompanied children in Europe: issues of arrival, stay and return’, the recommendation of its Committee of Ministers to Member States on life projects for unaccompanied migrant minors (CM/Rec(2007)9) and the ‘Twenty Guidelines on Forced Return’ of its Committee of Ministers (CM(2005)40),

| — | having regard to international instruments on children’s rights, in particular the UN Convention on the Rights of the Child, especially Article 3 thereof, and the General Comments of the UN Committee on the Rights of the Child, in particular General Comment No 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin, |
| --- | --- |

—

having regard to international instruments on children’s rights, in particular the UN Convention on the Rights of the Child, especially Article 3 thereof, and the General Comments of the UN Committee on the Rights of the Child, in particular General Comment No 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin,

| — | having regard to the Guidelines on Policies and Procedures in dealing with Unaccompanied Minors Seeking Asylum published by the UN High Commissioner for Refugees in 1997, |
| --- | --- |

—

having regard to the Guidelines on Policies and Procedures in dealing with Unaccompanied Minors Seeking Asylum published by the UN High Commissioner for Refugees in 1997,

| — | having regard to General Recommendation No 19 of the UN Committee on the Elimination of Discrimination against Women, adopted in 1992, |
| --- | --- |

—

having regard to General Recommendation No 19 of the UN Committee on the Elimination of Discrimination against Women, adopted in 1992,

| — | having regard to the December 1993 UN General Assembly Declaration on the Elimination of Violence against Women, the first international human rights instrument relating solely to violence against women, |
| --- | --- |

—

having regard to the December 1993 UN General Assembly Declaration on the Elimination of Violence against Women, the first international human rights instrument relating solely to violence against women,

| — | having regard to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime, |
| --- | --- |

—

having regard to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime,

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 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 Development and the Committee on Women's Rights and Gender Equality (A7-0251/2013), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Development and the Committee on Women's Rights and Gender Equality (A7-0251/2013),

| A. | whereas, every year, thousands of under-18-year-olds who are citizens of third countries or stateless persons arrive in the European Union alone or find themselves alone after arrival; |
| --- | --- |

A.

whereas, every year, thousands of under-18-year-olds who are citizens of third countries or stateless persons arrive in the European Union alone or find themselves alone after arrival;

| B. | whereas the continuing conflicts in various parts of the world and the ongoing global economic crisis have caused a surge in the number of unaccompanied minors; |
| --- | --- |

B.

whereas the continuing conflicts in various parts of the world and the ongoing global economic crisis have caused a surge in the number of unaccompanied minors;

| C. | whereas the reasons behind the arrival of unaccompanied minors are diverse: war, violence, violations of their fundamental rights, a desire to be reunited with family members, natural disasters, poverty, trafficking, exploitation, etc.; |
| --- | --- |

C.

whereas the reasons behind the arrival of unaccompanied minors are diverse: war, violence, violations of their fundamental rights, a desire to be reunited with family members, natural disasters, poverty, trafficking, exploitation, etc.;

| D. | whereas particular attention should be paid to unaccompanied child victims of trafficking in human beings, as they need specific assistance and support due to their situation of particular vulnerability, |
| --- | --- |

D.

whereas particular attention should be paid to unaccompanied child victims of trafficking in human beings, as they need specific assistance and support due to their situation of particular vulnerability,

| E. | whereas many minors arrive in the EU because they are fleeing forced marriages, and whereas the EU must do more to combat this phenomenon; |
| --- | --- |

E.

whereas many minors arrive in the EU because they are fleeing forced marriages, and whereas the EU must do more to combat this phenomenon;

| F. | whereas these minors are by definition extremely vulnerable and whereas it is necessary to ensure that their fundamental rights are respected; |
| --- | --- |

F.

whereas these minors are by definition extremely vulnerable and whereas it is necessary to ensure that their fundamental rights are respected;

| G. | whereas, pursuant to the Treaty on European Union, the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child, the European Union and the Member States have an obligation to protect the rights of children; |
| --- | --- |

G.

whereas, pursuant to the Treaty on European Union, the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child, the European Union and the Member States have an obligation to protect the rights of children;

| H. | whereas the Stockholm Programme assigned priority to protecting unaccompanied minors; |
| --- | --- |

H.

whereas the Stockholm Programme assigned priority to protecting unaccompanied minors;

| I. | whereas the reception and care of unaccompanied minors varies considerably from one country to another and there is no equivalent and effective level of protection; |
| --- | --- |

I.

whereas the reception and care of unaccompanied minors varies considerably from one country to another and there is no equivalent and effective level of protection;

| J. | whereas gender equality and the equal protection of the human rights of unaccompanied migrant girls and boys must be ensured, and whereas special attention must be paid to the violation of the human rights of girls and the provision of adequate support and appropriate remedies; |
| --- | --- |

J.

whereas gender equality and the equal protection of the human rights of unaccompanied migrant girls and boys must be ensured, and whereas special attention must be paid to the violation of the human rights of girls and the provision of adequate support and appropriate remedies;

| K. | whereas there are numerous cases of child disappearance from lodging and reception centres for asylum seekers, |
| --- | --- |

K.

whereas there are numerous cases of child disappearance from lodging and reception centres for asylum seekers,

General recommendations

| 1. | Recalls that an unaccompanied minor is above all a child who is potentially in danger and that child protection, rather than immigration policies, must be the leading principle for Member States and the European Union when dealing with them, thus respecting the core principle of the child’s best interests; recalls that any person below the age of 18 years, without exception, is to be regarded as a child and thus as a minor; points out that unaccompanied minors, particularly girls, are twice as susceptible to problems and difficulties as other minors; observes that they are all the more vulnerable insofar as they have the same needs as both other minors and other refugees, with whom they share similar experiences; emphasises that girls and women are particularly vulnerable to violations of their rights throughout the migration process, and that unaccompanied girls are at particular risk as they are often the principal targets of sexual exploitation, abuse and violence; points out that unaccompanied minors in the EU are frequently treated by the authorities as delinquents who have infringed immigration laws rather than as individuals who have rights on account of their age and particular circumstances; |
| --- | --- |

1.

Recalls that an unaccompanied minor is above all a child who is potentially in danger and that child protection, rather than immigration policies, must be the leading principle for Member States and the European Union when dealing with them, thus respecting the core principle of the child’s best interests; recalls that any person below the age of 18 years, without exception, is to be regarded as a child and thus as a minor; points out that unaccompanied minors, particularly girls, are twice as susceptible to problems and difficulties as other minors; observes that they are all the more vulnerable insofar as they have the same needs as both other minors and other refugees, with whom they share similar experiences; emphasises that girls and women are particularly vulnerable to violations of their rights throughout the migration process, and that unaccompanied girls are at particular risk as they are often the principal targets of sexual exploitation, abuse and violence; points out that unaccompanied minors in the EU are frequently treated by the authorities as delinquents who have infringed immigration laws rather than as individuals who have rights on account of their age and particular circumstances;

| 2. | Recalls also that the best interests of the child, as enshrined in provisions and case-law, must take priority over any other consideration in any act taken with regard to them, whether by public authorities or by private institutions; calls on the Commission to encourage the proper implementation of EU legislative provisions on the best interests of the child and to propose strategic guidelines, based on best practice, case-law and on General Comment No 6 (2005) of the UN Committee on the Rights of the Child on the treatment of unaccompanied and separated children outside their country of origin, and to assess, on the basis of a set of indices and criteria, what constitutes the best interests of a child; calls on the Commission to implement legislative and non-legislative measures to ensure adequate protection of children and unaccompanied minors, aimed, in particular, at improving methods of finding durable solutions; |
| --- | --- |

2.

Recalls also that the best interests of the child, as enshrined in provisions and case-law, must take priority over any other consideration in any act taken with regard to them, whether by public authorities or by private institutions; calls on the Commission to encourage the proper implementation of EU legislative provisions on the best interests of the child and to propose strategic guidelines, based on best practice, case-law and on General Comment No 6 (2005) of the UN Committee on the Rights of the Child on the treatment of unaccompanied and separated children outside their country of origin, and to assess, on the basis of a set of indices and criteria, what constitutes the best interests of a child; calls on the Commission to implement legislative and non-legislative measures to ensure adequate protection of children and unaccompanied minors, aimed, in particular, at improving methods of finding durable solutions;

| 3. | Strongly condemns the existing lacunae in the protection of unaccompanied minors in the European Union and denounces the often deplorable conditions in which such minors are received and the numerous breaches of their fundamental rights in certain Member States; |
| --- | --- |

3.

Strongly condemns the existing lacunae in the protection of unaccompanied minors in the European Union and denounces the often deplorable conditions in which such minors are received and the numerous breaches of their fundamental rights in certain Member States;

| 4. | Emphasises the pressing need for the EU and the Member States to come up with a coherent response to protect unaccompanied minors, with full respect for their fundamental rights; welcomes those Member States which have opted into the UN’s Optional Protocol to the Convention on the Rights of the Child on providing legal protection for children against the worst forms of exploitation; |
| --- | --- |

4.

Emphasises the pressing need for the EU and the Member States to come up with a coherent response to protect unaccompanied minors, with full respect for their fundamental rights; welcomes those Member States which have opted into the UN’s Optional Protocol to the Convention on the Rights of the Child on providing legal protection for children against the worst forms of exploitation;

| 5. | Welcomes the adoption by the Commission of an action plan on unaccompanied minors 2010-2014; deplores, however, the fact that the Commission’s approach is not based more on protecting the fundamental rights of such minors and notes that the existing measures are not sufficient and the comprehensive protection of unaccompanied minors requires further measures; recalls that one of the objectives of the EU Action Plan on Unaccompanied Minors was for the EU and its Members States to address the root causes of migration and integrate the issue of unaccompanied minors into development cooperation, thus contributing to the creation of safe environments for children to grow up in their countries of origin; underlines the need to develop further the preventive dimension of EU policies concerning unaccompanied minors by focusing more on efforts relating to poverty eradication, health and labour policies, human rights and democratisation and post-conflict reconstruction; considers that the EU must go beyond the Action Plan proposed by the Commission so that the fundamental rights of unaccompanied minors are genuinely reinforced; stresses, in particular, the need to strengthen the status of ‘legal guardian’ in the EU and partner countries, and considers it extremely important to draw up a monitoring plan in cooperation with countries of origin and any transit countries in order to ensure that the child is properly protected after returning to and being reintegrated into the country of origin; |
| --- | --- |

5.

Welcomes the adoption by the Commission of an action plan on unaccompanied minors 2010-2014; deplores, however, the fact that the Commission’s approach is not based more on protecting the fundamental rights of such minors and notes that the existing measures are not sufficient and the comprehensive protection of unaccompanied minors requires further measures; recalls that one of the objectives of the EU Action Plan on Unaccompanied Minors was for the EU and its Members States to address the root causes of migration and integrate the issue of unaccompanied minors into development cooperation, thus contributing to the creation of safe environments for children to grow up in their countries of origin; underlines the need to develop further the preventive dimension of EU policies concerning unaccompanied minors by focusing more on efforts relating to poverty eradication, health and labour policies, human rights and democratisation and post-conflict reconstruction; considers that the EU must go beyond the Action Plan proposed by the Commission so that the fundamental rights of unaccompanied minors are genuinely reinforced; stresses, in particular, the need to strengthen the status of ‘legal guardian’ in the EU and partner countries, and considers it extremely important to draw up a monitoring plan in cooperation with countries of origin and any transit countries in order to ensure that the child is properly protected after returning to and being reintegrated into the country of origin;

| 6. | Deplores the fragmentation of the European provisions concerning unaccompanied minors and urges the Commission to compile a handbook drawing together these various legal bases, addressed to Member States and to all practitioners, in order to facilitate proper implementation by Member States and to strengthen the protection of unaccompanied minors; |
| --- | --- |

6.

Deplores the fragmentation of the European provisions concerning unaccompanied minors and urges the Commission to compile a handbook drawing together these various legal bases, addressed to Member States and to all practitioners, in order to facilitate proper implementation by Member States and to strengthen the protection of unaccompanied minors;

| 7. | Deplores the lack of reliable official statistics on unaccompanied minors; calls on the Member States and the Commission to improve the collection of statistics on unaccompanied minors, including age and gender statistics, to improve the comparability of statistics collection across Member States, to establish a coordinated method for gathering and sharing information in each Member State, while ensuring that personal data is protected, by means of platforms bringing together all parties involved in the issue of unaccompanied minors and of a list of national contact points and to make better use of the tools already available to collect statistics at EU level, such as Eurostat, Frontex, the European Asylum Support Office (EASO) and the European Migration Network; stresses that the purpose of gathering such data is to achieve a better understanding of the situation, to improve the protection of unaccompanied minors and to better respond to their needs; calls on the Commission, the Member States, the European Institute for Gender Equality (EIGE) and international and non-governmental organisations to make additional efforts, in gathering, monitoring and exchanging accurate data broken down by gender, to have an exhaustive overview of the number of unaccompanied girls and to be able to examine the specific needs of this group with a view to providing them with support and implementing specific measures to address those needs, and to exchange best practices with a view to making improvements; |
| --- | --- |

7.

Deplores the lack of reliable official statistics on unaccompanied minors; calls on the Member States and the Commission to improve the collection of statistics on unaccompanied minors, including age and gender statistics, to improve the comparability of statistics collection across Member States, to establish a coordinated method for gathering and sharing information in each Member State, while ensuring that personal data is protected, by means of platforms bringing together all parties involved in the issue of unaccompanied minors and of a list of national contact points and to make better use of the tools already available to collect statistics at EU level, such as Eurostat, Frontex, the European Asylum Support Office (EASO) and the European Migration Network; stresses that the purpose of gathering such data is to achieve a better understanding of the situation, to improve the protection of unaccompanied minors and to better respond to their needs; calls on the Commission, the Member States, the European Institute for Gender Equality (EIGE) and international and non-governmental organisations to make additional efforts, in gathering, monitoring and exchanging accurate data broken down by gender, to have an exhaustive overview of the number of unaccompanied girls and to be able to examine the specific needs of this group with a view to providing them with support and implementing specific measures to address those needs, and to exchange best practices with a view to making improvements;

| 8. | Recalls that the EU and the Member States should step up their cooperation with third countries of origin and transit concerning unaccompanied minors, respect for their fundamental rights and issues such as the identification of durable solutions, family tracing, monitored return and readmission when it is in the child’s best interests, the restoration of family ties and reintegration; calls also for improved cooperation with third countries of origin and transit concerning the prevention of and fight against trafficking in human beings, particularly child trafficking and the exploitation of minors, the prevention of irregular immigration and other forms of violence against women such as forced marriages, including in the context of the regular dialogues conducted between the EU and these states and the European External Action Service (EEAS); calls on the Commission and the Member States to integrate child protection and the issue of unaccompanied minors into development and cooperation policies; underlines the importance of coherent development of EU policies on immigration, asylum and children’s rights — with regard to minors in both the EU and third countries — taking due account of their impact on developing countries; recalls the Policy Coherence (PCD) obligation enshrined in the Lisbon Treaty; calls on the Commission, the Members States, and third countries to boost public awareness-raising campaigns in the countries of origin, transfer and destination of unaccompanied minors on the risks related to child migration, and particularly on the exploitation of minors and organised crime; stresses that investigations into personal and family history are very important in order to ascertain the backgrounds from which minors come and draw up tailored plans for their integration in the country of arrival or their reintegration in the country of origin; |
| --- | --- |

8.

Recalls that the EU and the Member States should step up their cooperation with third countries of origin and transit concerning unaccompanied minors, respect for their fundamental rights and issues such as the identification of durable solutions, family tracing, monitored return and readmission when it is in the child’s best interests, the restoration of family ties and reintegration; calls also for improved cooperation with third countries of origin and transit concerning the prevention of and fight against trafficking in human beings, particularly child trafficking and the exploitation of minors, the prevention of irregular immigration and other forms of violence against women such as forced marriages, including in the context of the regular dialogues conducted between the EU and these states and the European External Action Service (EEAS); calls on the Commission and the Member States to integrate child protection and the issue of unaccompanied minors into development and cooperation policies; underlines the importance of coherent development of EU policies on immigration, asylum and children’s rights — with regard to minors in both the EU and third countries — taking due account of their impact on developing countries; recalls the Policy Coherence (PCD) obligation enshrined in the Lisbon Treaty; calls on the Commission, the Members States, and third countries to boost public awareness-raising campaigns in the countries of origin, transfer and destination of unaccompanied minors on the risks related to child migration, and particularly on the exploitation of minors and organised crime; stresses that investigations into personal and family history are very important in order to ascertain the backgrounds from which minors come and draw up tailored plans for their integration in the country of arrival or their reintegration in the country of origin;

| 9. | Recalls that combating trafficking in human beings is a necessary and crucial step, as minors, especially girls, are particularly confronted with and vulnerable to this trafficking, gender-specific violence, and exploitation, in particular labour and sexual exploitation and abuses; highlights the fact that effective mechanisms must be put in place for the prevention, identification, reporting, referral, investigation, treatment and follow-up of incidents relating to trafficking and labour and sexual exploitation and abuses, and that action should also be taken in third countries to tackle the root causes of trafficking; calls, in this regard, on the Commission and the Member States to be very vigilant and to implement effectively Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims, Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography and Directive 2012/29/UE establishing minimum standards on the rights, support and protection of victims of crime; calls also on the Member States and the EU to strengthen police and judiciary cooperation and to cooperate with the EU-Anti-Trafficking Coordinator to detect potential victims, sensitise the public and combat trafficking in human beings; welcomes, finally, the adoption of the EU Strategy towards the Eradication of Trafficking in Human Beings (2012-2016), in particular the provisions on financing the elaboration of guidelines on child protection systems and the exchange of best practices; reminds the Member States of Article 11 of the UN Convention on the Rights of the Child, which calls on states to take measures to combat the illicit transfer of children; calls on the Member States to work collaboratively with third countries to address the growing problem of child smuggling; urges the Member States to prosecute smugglers, where possible with appropriate and commensurable sanctions; is concerned about the situation of many unaccompanied minors who live in hiding in the EU and who are particularly vulnerable to exploitation and abuse; calls on Member States’ authorities and civil society organisations to work together and take all the necessary measures to ensure their protection and dignity; |
| --- | --- |

9.

Recalls that combating trafficking in human beings is a necessary and crucial step, as minors, especially girls, are particularly confronted with and vulnerable to this trafficking, gender-specific violence, and exploitation, in particular labour and sexual exploitation and abuses; highlights the fact that effective mechanisms must be put in place for the prevention, identification, reporting, referral, investigation, treatment and follow-up of incidents relating to trafficking and labour and sexual exploitation and abuses, and that action should also be taken in third countries to tackle the root causes of trafficking; calls, in this regard, on the Commission and the Member States to be very vigilant and to implement effectively Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims, Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography and Directive 2012/29/UE establishing minimum standards on the rights, support and protection of victims of crime; calls also on the Member States and the EU to strengthen police and judiciary cooperation and to cooperate with the EU-Anti-Trafficking Coordinator to detect potential victims, sensitise the public and combat trafficking in human beings; welcomes, finally, the adoption of the EU Strategy towards the Eradication of Trafficking in Human Beings (2012-2016), in particular the provisions on financing the elaboration of guidelines on child protection systems and the exchange of best practices; reminds the Member States of Article 11 of the UN Convention on the Rights of the Child, which calls on states to take measures to combat the illicit transfer of children; calls on the Member States to work collaboratively with third countries to address the growing problem of child smuggling; urges the Member States to prosecute smugglers, where possible with appropriate and commensurable sanctions; is concerned about the situation of many unaccompanied minors who live in hiding in the EU and who are particularly vulnerable to exploitation and abuse; calls on Member States’ authorities and civil society organisations to work together and take all the necessary measures to ensure their protection and dignity;

| 10. | Considers it regrettable that child protection is significantly and consistently underfunded in comparison with other humanitarian sectors; calls on the Commission to take specific account of unaccompanied minors in the European Asylum and Migration Fund in order to afford long-term guarantees concerning the protection of children, including in relation to the sections concerning refugees, asylum seekers, the external borders and return, and in the European Social Fund, in particular with a view to supporting the most affected regions; considers that adequate long-term funding should in particular be secured for programmes aiming at the identification of unaccompanied minors, adequate reception, protection, the appointment of legal guardians, family tracing, resettlement, reintegration and the training of border guards and authorities; |
| --- | --- |

10.

Considers it regrettable that child protection is significantly and consistently underfunded in comparison with other humanitarian sectors; calls on the Commission to take specific account of unaccompanied minors in the European Asylum and Migration Fund in order to afford long-term guarantees concerning the protection of children, including in relation to the sections concerning refugees, asylum seekers, the external borders and return, and in the European Social Fund, in particular with a view to supporting the most affected regions; considers that adequate long-term funding should in particular be secured for programmes aiming at the identification of unaccompanied minors, adequate reception, protection, the appointment of legal guardians, family tracing, resettlement, reintegration and the training of border guards and authorities;

Strategic guidelines

| 11. | Calls on the Commission to draw up strategic guidelines for Member States which should, based on best practices, take the form of common minimum standards and address each stage in the process, from the arrival of a minor in European territory until a durable solution has been found for him/her, in order to ensure his/her proper protection; calls on the Member States to adopt national strategies for unaccompanied minors, based on these strategic guidelines, and to designate a national contact point responsible for coordinating the implementation of these measures and actions; calls on the Commission to monitor the situation and actions taken in the Member States in cooperation with the existing group of experts and to submit an annual report to Parliament and the Council; |
| --- | --- |

11.

Calls on the Commission to draw up strategic guidelines for Member States which should, based on best practices, take the form of common minimum standards and address each stage in the process, from the arrival of a minor in European territory until a durable solution has been found for him/her, in order to ensure his/her proper protection; calls on the Member States to adopt national strategies for unaccompanied minors, based on these strategic guidelines, and to designate a national contact point responsible for coordinating the implementation of these measures and actions; calls on the Commission to monitor the situation and actions taken in the Member States in cooperation with the existing group of experts and to submit an annual report to Parliament and the Council;

| 12. | Recalls that no child may be denied access to the territory of the EU and insists that the Member States must comply with the international and European obligations which apply when a child is under their jurisdiction, without any arbitrary restrictions; recalls also that no child may be sent back by means of a summary procedure at the border of a Member State; |
| --- | --- |

12.

Recalls that no child may be denied access to the territory of the EU and insists that the Member States must comply with the international and European obligations which apply when a child is under their jurisdiction, without any arbitrary restrictions; recalls also that no child may be sent back by means of a summary procedure at the border of a Member State;

| 13. | Calls on the Member States to comply strictly and without fail with the fundamental obligation never to place a minor in detention; deplores the fact that the amended proposal for a directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers did not ban the detention of unaccompanied child asylum seekers and urges the Member States to respect the exceptional circumstances benchmark set by the directive; calls on the Commission, in the light of the relevant case-law, to take great care when applying the provisions of EU law on the detention of minors; urges the Member States also to place minors in homes specifically for children, taking into consideration their age and gender; |
| --- | --- |

13.

Calls on the Member States to comply strictly and without fail with the fundamental obligation never to place a minor in detention; deplores the fact that the amended proposal for a directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers did not ban the detention of unaccompanied child asylum seekers and urges the Member States to respect the exceptional circumstances benchmark set by the directive; calls on the Commission, in the light of the relevant case-law, to take great care when applying the provisions of EU law on the detention of minors; urges the Member States also to place minors in homes specifically for children, taking into consideration their age and gender;

| 14. | Considers that each Member State has a responsibility to identify unaccompanied minors; calls on the Member States to direct them immediately upon their arrival to specialist services such as social and educational services, which must, on the one hand, assess the individual circumstances and specific protection needs of each minor, in particular his or her nationality, education, ethnic, cultural and linguistic background and degree of vulnerability and, on the other hand, immediately provide them, in a language and form they understand, when necessary via interpreters, with all the information they need about their rights, protection, legal and assistance opportunities, and procedures and their implications; calls on the Member States to share best practices on child-friendly tools in order to give the children a clear idea of the relevant procedures and their rights; calls on the Member States, in this connection, to pay particular attention and provide special arrangements in terms of identification, reception and protection to unaccompanied minors with specific protection needs, in particular unaccompanied minors who are victims of trafficking in human beings, providing them with the necessary assistance and protection under Directive 2011/36/EU; |
| --- | --- |

14.

Considers that each Member State has a responsibility to identify unaccompanied minors; calls on the Member States to direct them immediately upon their arrival to specialist services such as social and educational services, which must, on the one hand, assess the individual circumstances and specific protection needs of each minor, in particular his or her nationality, education, ethnic, cultural and linguistic background and degree of vulnerability and, on the other hand, immediately provide them, in a language and form they understand, when necessary via interpreters, with all the information they need about their rights, protection, legal and assistance opportunities, and procedures and their implications; calls on the Member States to share best practices on child-friendly tools in order to give the children a clear idea of the relevant procedures and their rights; calls on the Member States, in this connection, to pay particular attention and provide special arrangements in terms of identification, reception and protection to unaccompanied minors with specific protection needs, in particular unaccompanied minors who are victims of trafficking in human beings, providing them with the necessary assistance and protection under Directive 2011/36/EU;

| 15. | Deplores the unsuitable and intrusive nature of the medical techniques used for age assessment in some Member States, which may cause trauma, and the controversial nature and large margins of error of some of the methods based on bone maturity or dental mineralisation; calls on the Commission to include, in the strategic guidelines, common standards based on best practices, concerning the age assessment method, which should consist of a multidimensional and multidisciplinary assessment, be conducted in a scientific, safe, child-sensitive, gender-sensitive and fair manner, with particular attention to girls, and be performed by independent, qualified practitioners and experts; recalls that age assessment must be conducted with due respect for the child’s rights and physical integrity, and for human dignity, and that minors should always be given the benefit of the doubt; recalls also that medical examinations should only be conducted when other age assessment methods have been exhausted and that it should be possible to appeal against the results of this assessment; welcomes the work of EASO on this subject, which should be taken as a basis for dealing with all minors; |
| --- | --- |

15.

Deplores the unsuitable and intrusive nature of the medical techniques used for age assessment in some Member States, which may cause trauma, and the controversial nature and large margins of error of some of the methods based on bone maturity or dental mineralisation; calls on the Commission to include, in the strategic guidelines, common standards based on best practices, concerning the age assessment method, which should consist of a multidimensional and multidisciplinary assessment, be conducted in a scientific, safe, child-sensitive, gender-sensitive and fair manner, with particular attention to girls, and be performed by independent, qualified practitioners and experts; recalls that age assessment must be conducted with due respect for the child’s rights and physical integrity, and for human dignity, and that minors should always be given the benefit of the doubt; recalls also that medical examinations should only be conducted when other age assessment methods have been exhausted and that it should be possible to appeal against the results of this assessment; welcomes the work of EASO on this subject, which should be taken as a basis for dealing with all minors;

| 16. | Calls on the Member States, as soon as a unaccompanied minor arrives within their territory and until a durable solution has been found, to ensure the appointment of a guardian or a person responsible for accompanying, assisting and representing the minor in all procedures and for enabling him/her to benefit from all his/her rights in all procedures, and calls for minors to be informed of the appointment of the person responsible for them without delay; calls, furthermore, for this person to have specific training in the challenges faced by unaccompanied minors, child protection and children’s rights, and asylum and migration law, and to act with total independence; believes that these persons should receive continued and adequate training and undergo regular and independent monitoring; calls on the Commission to include in the strategic guidelines common standards, based on best practices, concerning the mandate, functions, qualifications, skills and training of these persons; |
| --- | --- |

16.

Calls on the Member States, as soon as a unaccompanied minor arrives within their territory and until a durable solution has been found, to ensure the appointment of a guardian or a person responsible for accompanying, assisting and representing the minor in all procedures and for enabling him/her to benefit from all his/her rights in all procedures, and calls for minors to be informed of the appointment of the person responsible for them without delay; calls, furthermore, for this person to have specific training in the challenges faced by unaccompanied minors, child protection and children’s rights, and asylum and migration law, and to act with total independence; believes that these persons should receive continued and adequate training and undergo regular and independent monitoring; calls on the Commission to include in the strategic guidelines common standards, based on best practices, concerning the mandate, functions, qualifications, skills and training of these persons;

| 17. | Calls on the Member States to ensure that officials and staff working for the authorities who are likely to come into contact with unaccompanied minors, including those who are victims of human trafficking, are qualified and trained accordingly, so that they are able to identify and appropriately deal with such cases, and to provide them with adequate training on the specific needs of unaccompanied minors and on children's rights, children's behaviour and psychology, and asylum and migration law; calls on the Member States to set up compulsory gender-specific training for personnel receiving unaccompanied minors in shelters as well as for interviewers, decision-makers and legal representatives of unaccompanied minors, and to ensure that the police and the legal authorities in the Member States regularly undergo gender-specific training; stresses that the person responsible for the minor should inform and advise them, but can only supplement legal advice and cannot replace it; points out that, regardless of the nationality of the child, and of whether this nationality is recognised, the Member State in which the unaccompanied child finds him or herself must act as the child’s guardian and provide him or her with the highest degree of protection; |
| --- | --- |

17.

Calls on the Member States to ensure that officials and staff working for the authorities who are likely to come into contact with unaccompanied minors, including those who are victims of human trafficking, are qualified and trained accordingly, so that they are able to identify and appropriately deal with such cases, and to provide them with adequate training on the specific needs of unaccompanied minors and on children's rights, children's behaviour and psychology, and asylum and migration law; calls on the Member States to set up compulsory gender-specific training for personnel receiving unaccompanied minors in shelters as well as for interviewers, decision-makers and legal representatives of unaccompanied minors, and to ensure that the police and the legal authorities in the Member States regularly undergo gender-specific training; stresses that the person responsible for the minor should inform and advise them, but can only supplement legal advice and cannot replace it; points out that, regardless of the nationality of the child, and of whether this nationality is recognised, the Member State in which the unaccompanied child finds him or herself must act as the child’s guardian and provide him or her with the highest degree of protection;

| 18. | Calls on the Member States, in order to ensure consistency and equal standards in the protection of unaccompanied minors within the EU, to provide unaccompanied minors with adequate protection, irrespective of their status and under the same conditions as children who are nationals of the host country:






  — | access to appropriate accommodation: the accommodation should always include adequate sanitary conditions, accommodation in a ‘centre’ should never be in a closed centre and, during the initial days, should be in a specialised centre for the reception of unaccompanied minors; this first phase should be followed by more stable accommodation; unaccompanied minors should always be separated from adults; the centre should meet minors’ needs and have suitable facilities; accommodation with host families and in ‘living units’ and the sharing of accommodation with related or close minors should be encouraged when it is appropriate and accords with the minor’s wishes; |
| --- | --- | --- |

18.

Calls on the Member States, in order to ensure consistency and equal standards in the protection of unaccompanied minors within the EU, to provide unaccompanied minors with adequate protection, irrespective of their status and under the same conditions as children who are nationals of the host country:

—

access to appropriate accommodation: the accommodation should always include adequate sanitary conditions, accommodation in a ‘centre’ should never be in a closed centre and, during the initial days, should be in a specialised centre for the reception of unaccompanied minors; this first phase should be followed by more stable accommodation; unaccompanied minors should always be separated from adults; the centre should meet minors’ needs and have suitable facilities; accommodation with host families and in ‘living units’ and the sharing of accommodation with related or close minors should be encouraged when it is appropriate and accords with the minor’s wishes;

| — | adequate material, legal and psychological support must be provided to them from the moment they are identified as unaccompanied minors; |
| --- | --- |

—

adequate material, legal and psychological support must be provided to them from the moment they are identified as unaccompanied minors;

| — | the right to education, vocational training and socio-educational advice and immediate access thereto; the possibility to attend school in the host country should be ensured without delay; in addition, unaccompanied minors should where possible be given effective access to language courses, in the relevant language of the host country, immediately after their arrival on the territory of a Member State; Members States should facilitate the recognition of children’s previous studies in order to allow them access to further education in Europe; |
| --- | --- |

—

the right to education, vocational training and socio-educational advice and immediate access thereto; the possibility to attend school in the host country should be ensured without delay; in addition, unaccompanied minors should where possible be given effective access to language courses, in the relevant language of the host country, immediately after their arrival on the territory of a Member State; Members States should facilitate the recognition of children’s previous studies in order to allow them access to further education in Europe;

| — | the right to health and effective access to adequate basic health care; Member States should, in addition, provide adequate medical and psychological care for minors who have been victims of torture, sexual abuse or other forms of violence; Member States should also provide special treatment when needed (i.e. access to rehabilitation services) for minors who have been victims of any form of abuse, exploitation or cruel, inhuman or degrading treatment or who have been affected by armed conflicts; |
| --- | --- |

—

the right to health and effective access to adequate basic health care; Member States should, in addition, provide adequate medical and psychological care for minors who have been victims of torture, sexual abuse or other forms of violence; Member States should also provide special treatment when needed (i.e. access to rehabilitation services) for minors who have been victims of any form of abuse, exploitation or cruel, inhuman or degrading treatment or who have been affected by armed conflicts;

| — | access to information and use of the media (radio, TV, internet) in order to satisfy their communication needs; |
| --- | --- |

—

access to information and use of the media (radio, TV, internet) in order to satisfy their communication needs;

| — | the right to leisure, including the right to engage in play and recreational activities; |
| --- | --- |

—

the right to leisure, including the right to engage in play and recreational activities;

| — | the right of all unaccompanied minors to the continued use and development of their own identity and values, including their mother tongue; |
| --- | --- |

—

the right of all unaccompanied minors to the continued use and development of their own identity and values, including their mother tongue;

| — | the right to manifest and practise their religion; |
| --- | --- |

—

the right to manifest and practise their religion;

| 19. | Recalls that all procedures must be adapted to minors, with due regard for their age, degree of maturity and level of understanding, and be sensitive to the needs of children, in line with the Council of Europe Guidelines on Child-Friendly Justice, and welcomes the activities of the Commission in promoting these guidelines; the views of the minor should be listened to and taken into account in all steps of the procedures, in cooperation with skilled and trained persons, such as psychologists, social assistants and cultural mediators; |
| --- | --- |

19.

Recalls that all procedures must be adapted to minors, with due regard for their age, degree of maturity and level of understanding, and be sensitive to the needs of children, in line with the Council of Europe Guidelines on Child-Friendly Justice, and welcomes the activities of the Commission in promoting these guidelines; the views of the minor should be listened to and taken into account in all steps of the procedures, in cooperation with skilled and trained persons, such as psychologists, social assistants and cultural mediators;

| 20. | Welcomes the progress which has been made in asylum legislation and calls on Member States to make the necessary legislative and administrative reforms to effectively implement such provisions; recalls, however, that EU asylum policies must treat unaccompanied minors as children first and urges Member States, therefore, as far as possible to exempt unaccompanied minors from accelerated procedures and from procedures at the border; recalls also that the Member State responsible for an asylum application made in more than one Member State by an unaccompanied minor, with no member of his/her family legally present in the territory of the Member States, is the State in which the minor is present after having lodged an application there and calls on Member States to follow European Court of Justice rulings; stresses that it is crucial, given the specific needs of unaccompanied minors, that their asylum applications be given priority so that a fair decision can be taken as quickly as possible; calls on Member States to develop their asylum systems with a view to establishing a harmonised and child-sensitive institutional framework that takes into consideration the special needs and diverse difficulties of unaccompanied minors, especially victims of human trafficking; |
| --- | --- |

20.

Welcomes the progress which has been made in asylum legislation and calls on Member States to make the necessary legislative and administrative reforms to effectively implement such provisions; recalls, however, that EU asylum policies must treat unaccompanied minors as children first and urges Member States, therefore, as far as possible to exempt unaccompanied minors from accelerated procedures and from procedures at the border; recalls also that the Member State responsible for an asylum application made in more than one Member State by an unaccompanied minor, with no member of his/her family legally present in the territory of the Member States, is the State in which the minor is present after having lodged an application there and calls on Member States to follow European Court of Justice rulings; stresses that it is crucial, given the specific needs of unaccompanied minors, that their asylum applications be given priority so that a fair decision can be taken as quickly as possible; calls on Member States to develop their asylum systems with a view to establishing a harmonised and child-sensitive institutional framework that takes into consideration the special needs and diverse difficulties of unaccompanied minors, especially victims of human trafficking;

| 21. | Stresses that any decision concerning unaccompanied minors should be taken on the basis of an individual assessment and with due respect for the best interests of the child; |
| --- | --- |

21.

Stresses that any decision concerning unaccompanied minors should be taken on the basis of an individual assessment and with due respect for the best interests of the child;

| 22. | Condemns the very precarious circumstances with which these minors are suddenly confronted when they reach the age of majority; calls on the Member States to share best practices and institute procedures for assisting these minors in their transition to adulthood; welcomes the work of the Council of Europe on this subject and calls on the Commission to include in its strategic guidelines best practices for the planning of ‘individualised life projects’ for, and with, the minor; |
| --- | --- |

22.

Condemns the very precarious circumstances with which these minors are suddenly confronted when they reach the age of majority; calls on the Member States to share best practices and institute procedures for assisting these minors in their transition to adulthood; welcomes the work of the Council of Europe on this subject and calls on the Commission to include in its strategic guidelines best practices for the planning of ‘individualised life projects’ for, and with, the minor;

| 23. | Calls on the Member States to define the responsibilities of each partner, in particular national and local authorities, welfare services, youth workers, families and legal representatives, in implementing and monitoring life projects and ensuring their coordination; |
| --- | --- |

23.

Calls on the Member States to define the responsibilities of each partner, in particular national and local authorities, welfare services, youth workers, families and legal representatives, in implementing and monitoring life projects and ensuring their coordination;

| 24. | Stresses firmly that the ultimate aim, once an unaccompanied minor has arrived in EU territory, must be to seek a durable solution for him/her, which respects his/her best interests; recalls that efforts to achieve this must always begin with an examination of the possibilities of family reunification, in and outside the EU, provided that this is in the child’s best interests; stresses that in principle the minor can be asked to help in searching for family members, but that there must not be any obligation to cooperate as a determining factor in the consideration of the application for international protection; recalls that, in cases where there is a risk to the life of the minor or of family members, in particular where family members remain in the country of origin, the gathering, processing and passing-on of information on these persons must be done on a confidential basis to ensure that the lives of those concerned are not endangered; calls on the Member States and all their competent authorities to improve cooperation, in particular by lifting all bureaucratic obstacles on family tracing and/or reunification and share best practices; asks the Commission to monitor the implementation of Directive 2003/86/CE on the right to family reunification, especially Article 10 (3) thereof; |
| --- | --- |

24.

Stresses firmly that the ultimate aim, once an unaccompanied minor has arrived in EU territory, must be to seek a durable solution for him/her, which respects his/her best interests; recalls that efforts to achieve this must always begin with an examination of the possibilities of family reunification, in and outside the EU, provided that this is in the child’s best interests; stresses that in principle the minor can be asked to help in searching for family members, but that there must not be any obligation to cooperate as a determining factor in the consideration of the application for international protection; recalls that, in cases where there is a risk to the life of the minor or of family members, in particular where family members remain in the country of origin, the gathering, processing and passing-on of information on these persons must be done on a confidential basis to ensure that the lives of those concerned are not endangered; calls on the Member States and all their competent authorities to improve cooperation, in particular by lifting all bureaucratic obstacles on family tracing and/or reunification and share best practices; asks the Commission to monitor the implementation of Directive 2003/86/CE on the right to family reunification, especially Article 10 (3) thereof;

| 25. | Calls on the Commission to include, in the strategic guidelines, common standards, based on best practices, concerning conditions to be met before a minor can be returned, in a consistent manner, respecting the best interests of the child and based on the Comparative Study on Practices in the Field of Return of Minors, published by the Commission in 2011, which included a check list and collection of best practices; reiterates in the strongest terms that no decision to return a minor may be taken, if it is not in the child’s best interests or endangers the minor’s life, physical and mental health, and well-being, security or fundamental rights or those of his or her family, and that the individual circumstances of each minor (and of his or her family members in the case of family reunification) must be taken into account and fully evaluated; recalls that a decision to return may only be taken once it has been ascertained that the minor will benefit in the country of return from safe, concrete and adapted provisions respecting his/her rights and associated with reintegration measures in the country of return; urges the Member States, in order to guarantee the child’s safe return, to establish cooperation and monitoring arrangements with countries of origin and transit and in cooperation with non-governmental, local and international organisations, and to ensure the protection and the reintegration of minors after their return; notes that such arrangements are a vital element of return; asks the Commission to insist, in the evaluation of Directive 2008/115/EC, on its impact on unaccompanied minors, in particular Articles 10, 14(1)(c) and 17 thereof; calls for the EU to commit to improving its response with a view to putting a stop to potential drivers of migration, including early and forced marriage, harmful traditional practices such as female genital mutilation, and sexual violence worldwide; |
| --- | --- |

25.

Calls on the Commission to include, in the strategic guidelines, common standards, based on best practices, concerning conditions to be met before a minor can be returned, in a consistent manner, respecting the best interests of the child and based on the Comparative Study on Practices in the Field of Return of Minors, published by the Commission in 2011, which included a check list and collection of best practices; reiterates in the strongest terms that no decision to return a minor may be taken, if it is not in the child’s best interests or endangers the minor’s life, physical and mental health, and well-being, security or fundamental rights or those of his or her family, and that the individual circumstances of each minor (and of his or her family members in the case of family reunification) must be taken into account and fully evaluated; recalls that a decision to return may only be taken once it has been ascertained that the minor will benefit in the country of return from safe, concrete and adapted provisions respecting his/her rights and associated with reintegration measures in the country of return; urges the Member States, in order to guarantee the child’s safe return, to establish cooperation and monitoring arrangements with countries of origin and transit and in cooperation with non-governmental, local and international organisations, and to ensure the protection and the reintegration of minors after their return; notes that such arrangements are a vital element of return; asks the Commission to insist, in the evaluation of Directive 2008/115/EC, on its impact on unaccompanied minors, in particular Articles 10, 14(1)(c) and 17 thereof; calls for the EU to commit to improving its response with a view to putting a stop to potential drivers of migration, including early and forced marriage, harmful traditional practices such as female genital mutilation, and sexual violence worldwide;

| 26. | Stresses that the integration of unaccompanied minors in the host country must be centred around an individual life project drawn up for, and with, the minor with full respect of his/her ethnic, religious, cultural and linguistic background; |
| --- | --- |

26.

Stresses that the integration of unaccompanied minors in the host country must be centred around an individual life project drawn up for, and with, the minor with full respect of his/her ethnic, religious, cultural and linguistic background;

| 27. | Calls on the Member States to introduce an obligation for public authorities to take action with regard to unaccompanied minors who are victims of begging; considers that the exploitation of minors in relation to begging should be prevented at all costs; |
| --- | --- |

27.

Calls on the Member States to introduce an obligation for public authorities to take action with regard to unaccompanied minors who are victims of begging; considers that the exploitation of minors in relation to begging should be prevented at all costs;

o

o o

| 28. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the Council of Europe. |
| --- | --- |

28.

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

---

(1)  OJ C 285 E, 21.10.2010, p. 12.

(2)  OJ L 315, 14.11.2012, p. 57.

(3)  OJ L 101, 15.4.2011, p. 1.

(4)  OJ L 337, 20.12.2011, p. 9.

(5)  OJ L 31, 6.2.2003, p. 18.

(6)  OJ L 348, 24.12.2008, p. 98.

(7)  OJ L 251, 3.10.2003, p. 12.

(8)  OJ L 199, 31.7.2007, p. 23.

(9)  OJ L 173, 3.7.2007, p. 19.

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/173 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/173

---

P7_TA(2013)0388

Situation in the Democratic Republic of Congo

European Parliament resolution of 12 September 2013 on the situation in the Democratic Republic of Congo (2013/2822(RSP))

(2016/C 093/27)

The European Parliament,

| — | having regard to its previous resolutions, |
| --- | --- |

—

having regard to its previous resolutions,

| — | having regard to the statements by EU High Representative Catherine Ashton of 30 August 2013 on the situation in North Kivu, and of 7 June 2012 and 10 July 2012 on the situation in eastern Congo, |
| --- | --- |

—

having regard to the statements by EU High Representative Catherine Ashton of 30 August 2013 on the situation in North Kivu, and of 7 June 2012 and 10 July 2012 on the situation in eastern Congo,

| — | having regard to the ACP-EU Joint Parliamentary Assembly resolution on the situation of instability and insecurity in the Great Lakes region and, in particular, in the east of the Democratic Republic of Congo (DRC), adopted at its meeting in Paramaribo (Suriname) from 27—29 November 2012, |
| --- | --- |

—

having regard to the ACP-EU Joint Parliamentary Assembly resolution on the situation of instability and insecurity in the Great Lakes region and, in particular, in the east of the Democratic Republic of Congo (DRC), adopted at its meeting in Paramaribo (Suriname) from 27—29 November 2012,

| — | having regard to the Council conclusions of 22 July 2013 on the Great Lakes region, and of 10 December 2012, 19 November 2012 and 25 June 2012 on the situation in the eastern DRC, |
| --- | --- |

—

having regard to the Council conclusions of 22 July 2013 on the Great Lakes region, and of 10 December 2012, 19 November 2012 and 25 June 2012 on the situation in the eastern DRC,

| — | having regard to UN Security Council resolutions 2053 (2012) on the situation in the DRC, 1925 (2010), 1856 (2008) which specifies the mandate of the UN mission in the DRC (MONUSCO) and 2098 (2013) which renewed MONUSCO’s mandate, |
| --- | --- |

—

having regard to UN Security Council resolutions 2053 (2012) on the situation in the DRC, 1925 (2010), 1856 (2008) which specifies the mandate of the UN mission in the DRC (MONUSCO) and 2098 (2013) which renewed MONUSCO’s mandate,

| — | having regard to the Report of the UN Secretary-General of 28 June 2013 on the United Nations Organisation Stabilisation Mission in the Democratic Republic of the Congo, |
| --- | --- |

—

having regard to the Report of the UN Secretary-General of 28 June 2013 on the United Nations Organisation Stabilisation Mission in the Democratic Republic of the Congo,

| — | having regard to the Statement by the President of the UN Security Council of 25 July 2013 on the situation on Great Lakes region, |
| --- | --- |

—

having regard to the Statement by the President of the UN Security Council of 25 July 2013 on the situation on Great Lakes region,

| — | having regard to the decision of the Peace and Security Council of the African Union (AU) on the situation in the Great Lakes region, particularly in the eastern part of the Democratic Republic of Congo (DRC) at its 393rd meeting held on 28 August 2013, |
| --- | --- |

—

having regard to the decision of the Peace and Security Council of the African Union (AU) on the situation in the Great Lakes region, particularly in the eastern part of the Democratic Republic of Congo (DRC) at its 393rd meeting held on 28 August 2013,

| — | having regard to the declarations of the Heads of State and Government of the member states of the International Conference on the Great Lakes Region (ICGRL) of 6 August 2013 and 24 November 2012 on the security situation in DRC, |
| --- | --- |

—

having regard to the declarations of the Heads of State and Government of the member states of the International Conference on the Great Lakes Region (ICGRL) of 6 August 2013 and 24 November 2012 on the security situation in DRC,

| — | having regard to the resolution on the situation in the DRC adopted by the Organisation Internationale de la Francophonie (OIF) at the XIV Summit of Francophone Countries held on 13 and 14 October 2012, |
| --- | --- |

—

having regard to the resolution on the situation in the DRC adopted by the Organisation Internationale de la Francophonie (OIF) at the XIV Summit of Francophone Countries held on 13 and 14 October 2012,

| — | having regard to the Cotonou Partnership Agreement signed in June 2000, |
| --- | --- |

—

having regard to the Cotonou Partnership Agreement signed in June 2000,

| — | having regard to United Nations Security Council resolutions 1325 (2000), 1820 (2008), 1888 (2009) and 1960 (2010) on women, peace and security, |
| --- | --- |

—

having regard to United Nations Security Council resolutions 1325 (2000), 1820 (2008), 1888 (2009) and 1960 (2010) on women, peace and security,

| — | having regard to Article 3 of and Protocol II to the Geneva Convention of 1949, which prohibit summary executions, rape, enforced recruitment and other atrocities, |
| --- | --- |

—

having regard to Article 3 of and Protocol II to the Geneva Convention of 1949, which prohibit summary executions, rape, enforced recruitment and other atrocities,

| — | having regard to the International Convention on the Rights of the Child of 20 November 1989, which, in particular, prohibits the involvement of children in armed conflicts, |
| --- | --- |

—

having regard to the International Convention on the Rights of the Child of 20 November 1989, which, in particular, prohibits the involvement of children in armed conflicts,

| — | having regard to the Optional Protocol to the International Convention on the Rights of the Child concerning the involvement of children in armed conflicts, which has been ratified by the countries of the Great Lakes region, |
| --- | --- |

—

having regard to the Optional Protocol to the International Convention on the Rights of the Child concerning the involvement of children in armed conflicts, which has been ratified by the countries of the Great Lakes region,

| — | having regard to the 1948 Universal Declaration of Human Rights and the 1966 International Covenant on Civil and Political Rights, |
| --- | --- |

—

having regard to the 1948 Universal Declaration of Human Rights and the 1966 International Covenant on Civil and Political Rights,

| — | having regard to the African Charter on Human and Peoples’ Rights, which was ratified by the DRC in 1982, |
| --- | --- |

—

having regard to the African Charter on Human and Peoples’ Rights, which was ratified by the DRC in 1982,

| — | having regard to Rules 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas since last July the violence in the eastern DRC has been escalating, with the resumption of hostilities between the M23 and government troops, which has resulted in the loss of thousands of lives, innumerable injuries including attacks on civilians and United Nations peacekeepers; whereas the humanitarian situation remains critical; |
| --- | --- |

A.

whereas since last July the violence in the eastern DRC has been escalating, with the resumption of hostilities between the M23 and government troops, which has resulted in the loss of thousands of lives, innumerable injuries including attacks on civilians and United Nations peacekeepers; whereas the humanitarian situation remains critical;

| B. | whereas due to the recurrent armed conflict, the Kivu region has suffered atrocities and violence, including looting, sexual and gender-based violence, abductions, and forced recruitment of children by armed groups, and human rights violations, which continue to be a scourge that undermines the efforts of the UN Security Council and regional bodies to put an end to the conflict; |
| --- | --- |

B.

whereas due to the recurrent armed conflict, the Kivu region has suffered atrocities and violence, including looting, sexual and gender-based violence, abductions, and forced recruitment of children by armed groups, and human rights violations, which continue to be a scourge that undermines the efforts of the UN Security Council and regional bodies to put an end to the conflict;

| C. | whereas a UN peacekeeper was killed and 10 others were wounded on 28 August 2013 during an attack on the M23 rebel group in the Kibati heights in North Kivu as MONUSCO supported the Congolese Armed Forces (FARDC) in protecting civilian-populated areas of Goma; |
| --- | --- |

C.

whereas a UN peacekeeper was killed and 10 others were wounded on 28 August 2013 during an attack on the M23 rebel group in the Kibati heights in North Kivu as MONUSCO supported the Congolese Armed Forces (FARDC) in protecting civilian-populated areas of Goma;

| D. | whereas more than 2,7 million internally displaced people (IDPs) have been forced to flee their homes, including more than 1 million in 2012 alone, and more than 440 000 Congolese refugees have fled to other African countries, with some 6,4 million people in need of food and emergency aid who are now merely surviving in precarious conditions as a result of the recurrent fighting and violations both of their human rights and international humanitarian law in the eastern DRC; |
| --- | --- |

D.

whereas more than 2,7 million internally displaced people (IDPs) have been forced to flee their homes, including more than 1 million in 2012 alone, and more than 440 000 Congolese refugees have fled to other African countries, with some 6,4 million people in need of food and emergency aid who are now merely surviving in precarious conditions as a result of the recurrent fighting and violations both of their human rights and international humanitarian law in the eastern DRC;

| E. | whereas the non-prosecution by the DRC of those responsible for human rights violations and war crimes promotes the climate of impunity and encourages the perpetration of fresh crimes; |
| --- | --- |

E.

whereas the non-prosecution by the DRC of those responsible for human rights violations and war crimes promotes the climate of impunity and encourages the perpetration of fresh crimes;

| F. | whereas the negotiations between the rebel groups and the State of the DRC have been interrupted since May 2013; recalling that the M23 rebels who were integrated into the army following a 2 000 peace agreement mutinied in April 2012 and that the M23 constitutes one of the dozen armed groups fighting in this resource-rich region; |
| --- | --- |

F.

whereas the negotiations between the rebel groups and the State of the DRC have been interrupted since May 2013; recalling that the M23 rebels who were integrated into the army following a 2 000 peace agreement mutinied in April 2012 and that the M23 constitutes one of the dozen armed groups fighting in this resource-rich region;

| G. | whereas the 7th summit of the ICGLR started on 5 September 2013 and has called for a reopening and fast conclusion of the peace negotiations; |
| --- | --- |

G.

whereas the 7th summit of the ICGLR started on 5 September 2013 and has called for a reopening and fast conclusion of the peace negotiations;

| H. | whereas UN Security Council resolution 2098 (2013) of 28 March 2013 extended until 31 March 2014 the mandate of MONUSCO and created, on an exceptional basis, a specialised ‘intervention brigade’ within the operation’s existing 19 815-strong force; |
| --- | --- |

H.

whereas UN Security Council resolution 2098 (2013) of 28 March 2013 extended until 31 March 2014 the mandate of MONUSCO and created, on an exceptional basis, a specialised ‘intervention brigade’ within the operation’s existing 19 815-strong force;

| I. | whereas in 2012 the member states of the ICGLR launched a joint verification mechanism (JVM), aimed at monitoring troop movements in the eastern DRC and deploying the envisaged Neutral International Force; |
| --- | --- |

I.

whereas in 2012 the member states of the ICGLR launched a joint verification mechanism (JVM), aimed at monitoring troop movements in the eastern DRC and deploying the envisaged Neutral International Force;

| J. | whereas the UN group of experts has published evidence linking Rwanda to the rebels, and the United States has called on Kigali to end its support; whereas Rwanda has repeatedly denied any ties to the M23; |
| --- | --- |

J.

whereas the UN group of experts has published evidence linking Rwanda to the rebels, and the United States has called on Kigali to end its support; whereas Rwanda has repeatedly denied any ties to the M23;

| K. | whereas recourse to sexual violence and the more widespread use of rape as a war weapon have enormous consequences, such as the physical and psychological destruction of victims, and must be regarded as war crimes; whereas national authorities and the international community have largely invested in strengthening the judicial system, especially on the military side, and on encouraging the opening of inquiries and prosecutions on sexual violence; whereas trials have been held but with a lack of execution of the judgments, and in many cases those found guilty are able to escape and little is done to compensate the victims; |
| --- | --- |

K.

whereas recourse to sexual violence and the more widespread use of rape as a war weapon have enormous consequences, such as the physical and psychological destruction of victims, and must be regarded as war crimes; whereas national authorities and the international community have largely invested in strengthening the judicial system, especially on the military side, and on encouraging the opening of inquiries and prosecutions on sexual violence; whereas trials have been held but with a lack of execution of the judgments, and in many cases those found guilty are able to escape and little is done to compensate the victims;

| L. | whereas it is necessary to deal with the consequences of the conflict, particularly by means of demilitarisation, review of local governance, demobilisation and reintegration of ex-combatants, repatriation of refugees, resettlement of people who have been displaced within their own country, and the implementation of viable development programmes; |
| --- | --- |

L.

whereas it is necessary to deal with the consequences of the conflict, particularly by means of demilitarisation, review of local governance, demobilisation and reintegration of ex-combatants, repatriation of refugees, resettlement of people who have been displaced within their own country, and the implementation of viable development programmes;

| M. | whereas the European Union is contributing to the restoration of the justice and security (police and army) sectors and is seeking to make them function well by means of its financial and technical assistance and by training personnel within the framework of the EUSEC RD and EUPOL RD missions; |
| --- | --- |

M.

whereas the European Union is contributing to the restoration of the justice and security (police and army) sectors and is seeking to make them function well by means of its financial and technical assistance and by training personnel within the framework of the EUSEC RD and EUPOL RD missions;

| N. | whereas the issue of illegal exploitation of the country’s natural resources, some of which find their way to other countries, is one of the factors fuelling and exacerbating the conflict in the DRC and remains a source of insecurity for the region as a whole; |
| --- | --- |

N.

whereas the issue of illegal exploitation of the country’s natural resources, some of which find their way to other countries, is one of the factors fuelling and exacerbating the conflict in the DRC and remains a source of insecurity for the region as a whole;

| O. | whereas rising unemployment, the social crisis, the food crisis, the inadequacy of basic services, the impoverishment of the population and environmental degradation in the DRC are also partly responsible for the instability of the country and the Great Lakes region; |
| --- | --- |

O.

whereas rising unemployment, the social crisis, the food crisis, the inadequacy of basic services, the impoverishment of the population and environmental degradation in the DRC are also partly responsible for the instability of the country and the Great Lakes region;

| P. | whereas in recent months there has been no progress concerning the draft haw on the protection of human rights defenders, repression of human rights activists and journalists in the DRC has increased and they have been arbitrarily arrested and intimidated; whereas no steps have been taken to bring those responsible to justice; |
| --- | --- |

P.

whereas in recent months there has been no progress concerning the draft haw on the protection of human rights defenders, repression of human rights activists and journalists in the DRC has increased and they have been arbitrarily arrested and intimidated; whereas no steps have been taken to bring those responsible to justice;

| Q. | whereas after the resumption on 9 April 2013 of the appeal trial before the supreme military court concerning the murder in June 2010 of Floribert Chebeya, executive director of the Voice of the Voiceless (VSV) and member of the General Assembly of the World Organisation Against Torture (OMCT), and Fidèle Bazana, member of the VSV, defence lawyers Peter Ngomo Milambo, Emmanuel Ilunga Kabengele and Regine Sesepe have received threats; |
| --- | --- |

Q.

whereas after the resumption on 9 April 2013 of the appeal trial before the supreme military court concerning the murder in June 2010 of Floribert Chebeya, executive director of the Voice of the Voiceless (VSV) and member of the General Assembly of the World Organisation Against Torture (OMCT), and Fidèle Bazana, member of the VSV, defence lawyers Peter Ngomo Milambo, Emmanuel Ilunga Kabengele and Regine Sesepe have received threats;

| R. | whereas on 7 August 2013, in the village of Kawakolo in Pweto Territory, Katanga Province, Godfrey Mutombo, a member of the non-governmental organisation Libertas, was brutally murdered by members of rebel groups that had been spreading terror in some villages in the north of the province since 2011; |
| --- | --- |

R.

whereas on 7 August 2013, in the village of Kawakolo in Pweto Territory, Katanga Province, Godfrey Mutombo, a member of the non-governmental organisation Libertas, was brutally murdered by members of rebel groups that had been spreading terror in some villages in the north of the province since 2011;

| 1. | Expresses its strong concern about the recent escalation of violence in the eastern DRC, which has serious political, economic, social, humanitarian and security consequences in the DRC and throughout the region which is already fragile and volatile; |
| --- | --- |

1.

Expresses its strong concern about the recent escalation of violence in the eastern DRC, which has serious political, economic, social, humanitarian and security consequences in the DRC and throughout the region which is already fragile and volatile;

| 2. | Strongly condemns the latest outburst of violence in the eastern DRC, especially the indiscriminate shelling by the armed M23 group, and other armed groups, in particular the Democratic Forces for the Liberation of Rwanda (FDLR), which has caused deaths, injuries and damage among the civilian population; condemns targeted attacks by rebels against MONUSCO, which have killed several people, including a Tanzanian peacekeeper, and injured several others; urges all parties concerned to afford access and protection to humanitarian agencies which are coming to the assistance of the suffering civilian population; |
| --- | --- |

2.

Strongly condemns the latest outburst of violence in the eastern DRC, especially the indiscriminate shelling by the armed M23 group, and other armed groups, in particular the Democratic Forces for the Liberation of Rwanda (FDLR), which has caused deaths, injuries and damage among the civilian population; condemns targeted attacks by rebels against MONUSCO, which have killed several people, including a Tanzanian peacekeeper, and injured several others; urges all parties concerned to afford access and protection to humanitarian agencies which are coming to the assistance of the suffering civilian population;

| 3. | Demands an immediate end to all human rights abuses including the alarming and widespread sexual and gender-based violence (UN Security Council resolution 1820 (2008) of 19 June 2008), and the unfortunate recruitment and use of children by armed forces; expresses its solidarity with the people of the DRC afflicted by the war; |
| --- | --- |

3.

Demands an immediate end to all human rights abuses including the alarming and widespread sexual and gender-based violence (UN Security Council resolution 1820 (2008) of 19 June 2008), and the unfortunate recruitment and use of children by armed forces; expresses its solidarity with the people of the DRC afflicted by the war;

| 4. | Calls emphatically on all relevant authorities to take immediate action to conduct an impartial, in-depth investigation into all past and present cases of human rights violations, and to cooperate fully with the International Criminal Court; urges that action be taken to ensure that the perpetrators of human rights violations, war crimes, crimes against humanity, sexual violence against women and the conscription of child soldiers are reported, identified, prosecuted and punished in accordance with national and international criminal law; |
| --- | --- |

4.

Calls emphatically on all relevant authorities to take immediate action to conduct an impartial, in-depth investigation into all past and present cases of human rights violations, and to cooperate fully with the International Criminal Court; urges that action be taken to ensure that the perpetrators of human rights violations, war crimes, crimes against humanity, sexual violence against women and the conscription of child soldiers are reported, identified, prosecuted and punished in accordance with national and international criminal law;

| 5. | Strongly condemns all forms of external support to the M23 group and other disruptive forces in the DRC and demands the immediate and permanent cessation of such support; |
| --- | --- |

5.

Strongly condemns all forms of external support to the M23 group and other disruptive forces in the DRC and demands the immediate and permanent cessation of such support;

| 6. | Supports the mission of the MONUSCO intervention brigade, which is to launch an offensive against the armed groups, including the M23, praises the active steps taken by MONUSCO to implement its mandate, in particular the protection of civilians, and encourages the continuation of these efforts; urges in particular the UN Security Council to take all necessary action in line with Security Council resolution 2098 (2013) to protect civilians in the eastern DRC; |
| --- | --- |

6.

Supports the mission of the MONUSCO intervention brigade, which is to launch an offensive against the armed groups, including the M23, praises the active steps taken by MONUSCO to implement its mandate, in particular the protection of civilians, and encourages the continuation of these efforts; urges in particular the UN Security Council to take all necessary action in line with Security Council resolution 2098 (2013) to protect civilians in the eastern DRC;

| 7. | Calls for a thorough investigation by the Expanded Joint Verification Mechanism (EJVM) into the sources of the mortar shells and bombs from DRC territory landing in neighbouring Rwanda; calls for the greater transparency and regularity of EJVM reports; |
| --- | --- |

7.

Calls for a thorough investigation by the Expanded Joint Verification Mechanism (EJVM) into the sources of the mortar shells and bombs from DRC territory landing in neighbouring Rwanda; calls for the greater transparency and regularity of EJVM reports;

| 8. | Emphasises that any direct intervention by the DRC’s neighbouring countries can only exacerbate the situation; calls on all regional actors concerned to exercise the utmost restraint and to refrain from any acts or statements that could lead to a further deterioration of the situation; calls on neighbouring countries to ensure full respect for the sovereignty of the DRC and its territorial integrity; |
| --- | --- |

8.

Emphasises that any direct intervention by the DRC’s neighbouring countries can only exacerbate the situation; calls on all regional actors concerned to exercise the utmost restraint and to refrain from any acts or statements that could lead to a further deterioration of the situation; calls on neighbouring countries to ensure full respect for the sovereignty of the DRC and its territorial integrity;

| 9. | Welcomes the efforts of the member states of the ICGRL, the AU and the UN in their steps and initiatives aimed at seeking a lasting, structural and peaceful political solution to the crisis; calls for the respect of all provisions contained in the peace, security and cooperation (PSC) framework agreement; |
| --- | --- |

9.

Welcomes the efforts of the member states of the ICGRL, the AU and the UN in their steps and initiatives aimed at seeking a lasting, structural and peaceful political solution to the crisis; calls for the respect of all provisions contained in the peace, security and cooperation (PSC) framework agreement;

| 10. | Calls on the Great Lakes countries, particularly following the commitments made in February 2013 in the framework of the Addis Ababa agreements, to engage in jointly promoting peace, stability and security to enhance regional economic development, paying special attention to reconciliation, respect for human rights, the fight against impunity, the establishment of an impartial judiciary system and better government accountability; |
| --- | --- |

10.

Calls on the Great Lakes countries, particularly following the commitments made in February 2013 in the framework of the Addis Ababa agreements, to engage in jointly promoting peace, stability and security to enhance regional economic development, paying special attention to reconciliation, respect for human rights, the fight against impunity, the establishment of an impartial judiciary system and better government accountability;

| 11. | Welcomes the Kampala talks for peace in the region held on 5 September 2013 under the auspices of the Chairperson of the ICGLR, Ugandan President Yoweri Museveni, calls on all stakeholders to participate and encourages the Congolese authorities to support dialogue between the country’s communities, in particular those affected by the conflict; |
| --- | --- |

11.

Welcomes the Kampala talks for peace in the region held on 5 September 2013 under the auspices of the Chairperson of the ICGLR, Ugandan President Yoweri Museveni, calls on all stakeholders to participate and encourages the Congolese authorities to support dialogue between the country’s communities, in particular those affected by the conflict;

| 12. | Calls on the AU and the Great Lakes countries to take further steps to fight the illicit exploitation of natural resources and trade therein, this being one of the reasons for the proliferation and trafficking of arms, which in turn is one of the major factors fuelling and exacerbating conflicts in the Great Lakes region; |
| --- | --- |

12.

Calls on the AU and the Great Lakes countries to take further steps to fight the illicit exploitation of natural resources and trade therein, this being one of the reasons for the proliferation and trafficking of arms, which in turn is one of the major factors fuelling and exacerbating conflicts in the Great Lakes region;

| 13. | Calls on the international community, including the EU, the AU and the UN to continue to do everything possible to provide more coordinated and effective aid to people in the eastern DRC and to contribute to efforts to respond to the humanitarian disaster; |
| --- | --- |

13.

Calls on the international community, including the EU, the AU and the UN to continue to do everything possible to provide more coordinated and effective aid to people in the eastern DRC and to contribute to efforts to respond to the humanitarian disaster;

| 14. | Welcomes the mobilisation of an additional EUR 10 million by the Commission to deliver urgently needed relief to 2,5 million people in the DRC, which brings EU emergency aid to the DRC and the Great Lakes region to EUR 71 million in 2013, making the EU the country’s largest humanitarian donor; |
| --- | --- |

14.

Welcomes the mobilisation of an additional EUR 10 million by the Commission to deliver urgently needed relief to 2,5 million people in the DRC, which brings EU emergency aid to the DRC and the Great Lakes region to EUR 71 million in 2013, making the EU the country’s largest humanitarian donor;

| 15. | Insists that the Government of the DRC complete security sector reforms and calls for efforts to be made both at national and international level to increase the authority of the State and the rule of law in the DRC, particularly in the fields of governance and security, including in close cooperation with the EU military assistance mission (EUSEC) and the EU’s police assistance mission (EUPOL), which should be continued in order to consolidate peace and security both in the country and in the Great Lakes region; |
| --- | --- |

15.

Insists that the Government of the DRC complete security sector reforms and calls for efforts to be made both at national and international level to increase the authority of the State and the rule of law in the DRC, particularly in the fields of governance and security, including in close cooperation with the EU military assistance mission (EUSEC) and the EU’s police assistance mission (EUPOL), which should be continued in order to consolidate peace and security both in the country and in the Great Lakes region;

| 16. | Encourages the Parliament, the Senate and the President of the DRC, Joseph Kabila, to implement all necessary measures to consolidate democracy and ensure genuine participation by all political forces expressing the will of the Congolese nation in the governance of the country, on the basis of constitutional and legal rules as well as free and fair elections; stresses the need to take account of the recommendations of the EU’s 2011 Election Observation Mission and to implement the reforms which are crucial to the continuation of the electoral process, including guaranteeing that local elections will be held; |
| --- | --- |

16.

Encourages the Parliament, the Senate and the President of the DRC, Joseph Kabila, to implement all necessary measures to consolidate democracy and ensure genuine participation by all political forces expressing the will of the Congolese nation in the governance of the country, on the basis of constitutional and legal rules as well as free and fair elections; stresses the need to take account of the recommendations of the EU’s 2011 Election Observation Mission and to implement the reforms which are crucial to the continuation of the electoral process, including guaranteeing that local elections will be held;

| 17. | Calls on the Congolese authorities to guarantee in all circumstances the physical and psychological integrity of human rights defenders and to conduct a prompt, thorough, impartial and transparent investigation in order to identify all those responsible for threatening, attacking or murdering several of these defenders; |
| --- | --- |

17.

Calls on the Congolese authorities to guarantee in all circumstances the physical and psychological integrity of human rights defenders and to conduct a prompt, thorough, impartial and transparent investigation in order to identify all those responsible for threatening, attacking or murdering several of these defenders;

| 18. | Stresses the importance of the adoption of long-awaited pieces of legislation, including the law on the protection of human rights defenders and the law on conformity of national law with the Rome Statute; |
| --- | --- |

18.

Stresses the importance of the adoption of long-awaited pieces of legislation, including the law on the protection of human rights defenders and the law on conformity of national law with the Rome Statute;

| 19. | Recommends that during its 24th session the United Nations Human Rights Council adopt a strong resolution re-establishing some form of monitoring mechanism concerning the human rights situation in the DRC, and asking the UN High Commissioner for Human Rights to submit a report on the human rights situation in the DRC; |
| --- | --- |

19.

Recommends that during its 24th session the United Nations Human Rights Council adopt a strong resolution re-establishing some form of monitoring mechanism concerning the human rights situation in the DRC, and asking the UN High Commissioner for Human Rights to submit a report on the human rights situation in the DRC;

| 20. | Urges the Congolese authorities to ensure the effective creation of a specialised mixed court to help combat impunity and judge authors of serious violations of human rights and of international humanitarian law in the DRC, including sexual violence against women; |
| --- | --- |

20.

Urges the Congolese authorities to ensure the effective creation of a specialised mixed court to help combat impunity and judge authors of serious violations of human rights and of international humanitarian law in the DRC, including sexual violence against women;

| 21. | Considers that transparent access and control over the natural resources of the DRC and the equitable redistribution of resources and the fair distribution of resources through the State budget are indispensable for the sustainable development of the country; calls, therefore, on the AU and the countries of the Great Lakes region to take further measures to combat illicit exploitation of and trade in natural resources, and on the EU and the whole of the international community to step up cooperation with the DRC in this field; |
| --- | --- |

21.

Considers that transparent access and control over the natural resources of the DRC and the equitable redistribution of resources and the fair distribution of resources through the State budget are indispensable for the sustainable development of the country; calls, therefore, on the AU and the countries of the Great Lakes region to take further measures to combat illicit exploitation of and trade in natural resources, and on the EU and the whole of the international community to step up cooperation with the DRC in this field;

| 22. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the African Union, the governments of the countries of the Great Lakes region, the President, Prime Minister and Parliament of the DRC, the Secretary-General of the United Nations, the UN Special Representative on Sexual Violence in Conflict, the UN Security Council and the UN Human Rights Council, and the l’Assemblée Parlementaire Paritaire ACP/UE. |
| --- | --- |

22.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the African Union, the governments of the countries of the Great Lakes region, the President, Prime Minister and Parliament of the DRC, the Secretary-General of the United Nations, the UN Special Representative on Sexual Violence in Conflict, the UN Security Council and the UN Human Rights Council, and the l’Assemblée Parlementaire Paritaire ACP/UE.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/178 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/178

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P7_TA(2013)0389

Situation in the Central African Republic

European Parliament resolution of 12 September 2013 on the Central African Republic (2013/2823(RSP))

(2016/C 093/28)

The European Parliament,

| — | having regard to the Libreville (Gabon) Agreement of 11 January 2013 on the resolution of the politico-military crisis in the Central African Republic (CAR), signed under the aegis of the heads of state and government of the Economic Community of Central African States (ECCAS), which sets out the conditions for ending the crisis in the CAR, |
| --- | --- |

—

having regard to the Libreville (Gabon) Agreement of 11 January 2013 on the resolution of the politico-military crisis in the Central African Republic (CAR), signed under the aegis of the heads of state and government of the Economic Community of Central African States (ECCAS), which sets out the conditions for ending the crisis in the CAR,

| — | having regard to the report of the UN Secretary-General of 14 August 2013 on the situation in the Central African Republic, and the reports of the Head of the United Nations Integrated Peacebuilding Office in the Central African Republic (BINUCA), the Under-Secretary-General for Humanitarian Affairs and the Under-Secretary-General for Human Rights, |
| --- | --- |

—

having regard to the report of the UN Secretary-General of 14 August 2013 on the situation in the Central African Republic, and the reports of the Head of the United Nations Integrated Peacebuilding Office in the Central African Republic (BINUCA), the Under-Secretary-General for Humanitarian Affairs and the Under-Secretary-General for Human Rights,

| — | having regard to UN Security Council Resolution 2088(2013) of 24 January 2013 and to the Security Council’s declarations on the CAR, and asking the Security Council to support the new African-led operation, |
| --- | --- |

—

having regard to UN Security Council Resolution 2088(2013) of 24 January 2013 and to the Security Council’s declarations on the CAR, and asking the Security Council to support the new African-led operation,

| — | having regard to the decision of the African Union Peace and Security Council of 19 July 2013 authorising the deployment of the African-led peace support operation from 1 August 2013, |
| --- | --- |

—

having regard to the decision of the African Union Peace and Security Council of 19 July 2013 authorising the deployment of the African-led peace support operation from 1 August 2013,

| — | having regard to the extraordinary ECCAS summits of heads of state and government held in N’Djamena (Chad) on 21 December 2012, 3 April 2013 and 18 April 2013, and to their decisions to establish a National Transitional Council (NTC) with legislative and constituent powers and to adopt a roadmap for the transition process in the CAR, |
| --- | --- |

—

having regard to the extraordinary ECCAS summits of heads of state and government held in N’Djamena (Chad) on 21 December 2012, 3 April 2013 and 18 April 2013, and to their decisions to establish a National Transitional Council (NTC) with legislative and constituent powers and to adopt a roadmap for the transition process in the CAR,

| — | having regard to the meeting of the International Contact Group of 3 May 2013 in Brazzaville (Congo), which validated the roadmap for the transition and set up a Special Fund to assist the CAR, |
| --- | --- |

—

having regard to the meeting of the International Contact Group of 3 May 2013 in Brazzaville (Congo), which validated the roadmap for the transition and set up a Special Fund to assist the CAR,

| — | having regard to the statements of 21 December 2012, 1 and 11 January 2013, 25 March 2013, 21 April 2013 and 27 August 2013 by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy on the CAR, |
| --- | --- |

—

having regard to the statements of 21 December 2012, 1 and 11 January 2013, 25 March 2013, 21 April 2013 and 27 August 2013 by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy on the CAR,

| — | having regard to the statement of 21 December 2012 by the Commissioner for Humanitarian Aid and Civil Protection on the new outbreak of conflict in the CAR, |
| --- | --- |

—

having regard to the statement of 21 December 2012 by the Commissioner for Humanitarian Aid and Civil Protection on the new outbreak of conflict in the CAR,

| — | having regard to the resolution of the ACP-EU Joint Parliamentary Assembly of 19 June 2013 on the CAR, |
| --- | --- |

—

having regard to the resolution of the ACP-EU Joint Parliamentary Assembly of 19 June 2013 on the CAR,

| — | having regard to the UN Security Council press statements of 27 December 2012 and of 4 and 11 January 2013 on the CAR, |
| --- | --- |

—

having regard to the UN Security Council press statements of 27 December 2012 and of 4 and 11 January 2013 on the CAR,

| — | having regard to the statements by the UN Secretary-General, Ban Ki-moon, of 26 December 2012 condemning the rebel attacks and urging all parties to abide by the decisions taken by the ECCAS in N’Djamena on 21 December 2012, and of 5 August 2013 calling for an end to impunity for serious human rights abuses in the CAR, including the consideration of sanctions, |
| --- | --- |

—

having regard to the statements by the UN Secretary-General, Ban Ki-moon, of 26 December 2012 condemning the rebel attacks and urging all parties to abide by the decisions taken by the ECCAS in N’Djamena on 21 December 2012, and of 5 August 2013 calling for an end to impunity for serious human rights abuses in the CAR, including the consideration of sanctions,

| — | having regard to the statement of 16 April 2013 by the UN High Commissioner for Human Rights, Navanethem Pillay, in which she called for an end to the violence and for the restoration of the rule of law in the country, |
| --- | --- |

—

having regard to the statement of 16 April 2013 by the UN High Commissioner for Human Rights, Navanethem Pillay, in which she called for an end to the violence and for the restoration of the rule of law in the country,

| — | having regard to the statements of 12, 19 and 31 December 2012 by the Chair of the Commission of the African Union, Nkosazana Dlamini-Zuma, on the situation in the CAR, |
| --- | --- |

—

having regard to the statements of 12, 19 and 31 December 2012 by the Chair of the Commission of the African Union, Nkosazana Dlamini-Zuma, on the situation in the CAR,

| — | having regard to the revised Cotonou Agreement, |
| --- | --- |

—

having regard to the revised Cotonou Agreement,

| — | having regard to its resolution of 17 January 2013 on the situation in the CAR (1), |
| --- | --- |

—

having regard to its resolution of 17 January 2013 on the situation in the CAR (1),

| — | having regard to Rules 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas, since the military victory of the Séléka coalition on 24 March 2013 and its seizure of power, elements of that coalition have committed many atrocities, rapes, crimes, acts of physical violence and thefts, as well as looting and other human rights violations, both in the capital and in the provinces, not being subject to any control; |
| --- | --- |

A.

whereas, since the military victory of the Séléka coalition on 24 March 2013 and its seizure of power, elements of that coalition have committed many atrocities, rapes, crimes, acts of physical violence and thefts, as well as looting and other human rights violations, both in the capital and in the provinces, not being subject to any control;

| B. | whereas on 20 August 2013 a disarmament operation lead by the Séléka in Boy-Rabé, an area dominated by followers of ex-President François Bozizé, led to the killing of 11 people, with dozens more being wounded, and was accompanied by pillaging; |
| --- | --- |

B.

whereas on 20 August 2013 a disarmament operation lead by the Séléka in Boy-Rabé, an area dominated by followers of ex-President François Bozizé, led to the killing of 11 people, with dozens more being wounded, and was accompanied by pillaging;

| C. | whereas on 28 August 2013 more than 5 000 inhabitants of Bangui fled to the CAR’s main international airport to escape marauding former rebel fighters, and occupied the tarmac for around 18 hours; |
| --- | --- |

C.

whereas on 28 August 2013 more than 5 000 inhabitants of Bangui fled to the CAR’s main international airport to escape marauding former rebel fighters, and occupied the tarmac for around 18 hours;

| D. | whereas there is a risk that armed hostilities may resume on the part of the former Central African Armed Forces favourable to the deposed President François Bozizé, and having regard to the exploitation of inter-religious tensions and the risks which it entails; |
| --- | --- |

D.

whereas there is a risk that armed hostilities may resume on the part of the former Central African Armed Forces favourable to the deposed President François Bozizé, and having regard to the exploitation of inter-religious tensions and the risks which it entails;

| E. | whereas on 4 September 2013 the prosecutor of the Bangui Tribunal asked for a sentence of 10 years’ imprisonment for the 24 former Séléka rebels brought to justice in the first trial dealing with the abuses committed in the CAR; |
| --- | --- |

E.

whereas on 4 September 2013 the prosecutor of the Bangui Tribunal asked for a sentence of 10 years’ imprisonment for the 24 former Séléka rebels brought to justice in the first trial dealing with the abuses committed in the CAR;

| F. | whereas respect for human rights is a fundamental value of the European Union and represents an essential element of the Cotonou Agreement; |
| --- | --- |

F.

whereas respect for human rights is a fundamental value of the European Union and represents an essential element of the Cotonou Agreement;

| G. | whereas the fact that those who have committed human rights violations and war crimes have not been prosecuted promotes the climate of impunity and favours the perpetration of further crimes; |
| --- | --- |

G.

whereas the fact that those who have committed human rights violations and war crimes have not been prosecuted promotes the climate of impunity and favours the perpetration of further crimes;

| H. | whereas on 7 August 2013 the prosecutor of the International Criminal Court (ICC) issued her second warning that the crimes committed in the CAR may fall under the ICC’s jurisdiction and that her office will prosecute if necessary; |
| --- | --- |

H.

whereas on 7 August 2013 the prosecutor of the International Criminal Court (ICC) issued her second warning that the crimes committed in the CAR may fall under the ICC’s jurisdiction and that her office will prosecute if necessary;

| I. | whereas this violence is again causing displacement of people, and the Office for the Coordination of Humanitarian Affairs estimates that a third of the population have left their homes and are suffering from malnutrition, that 1.6 million people desperately need aid, 200 000 of whom need health care, while 484 000 are seriously short of food, that 206 000 people have been displaced, 60 000 of whom have found refuge in neighbouring countries; whereas, moreover, 650 000 children are no longer attending school because of the occupation of schools by armed groups and whereas 3 500 children have been recruited by the armed forces and armed groups; |
| --- | --- |

I.

whereas this violence is again causing displacement of people, and the Office for the Coordination of Humanitarian Affairs estimates that a third of the population have left their homes and are suffering from malnutrition, that 1.6 million people desperately need aid, 200 000 of whom need health care, while 484 000 are seriously short of food, that 206 000 people have been displaced, 60 000 of whom have found refuge in neighbouring countries; whereas, moreover, 650 000 children are no longer attending school because of the occupation of schools by armed groups and whereas 3 500 children have been recruited by the armed forces and armed groups;

| J. | whereas on 21 August 2013 the Cameroon authorities temporarily closed the border with the CAR after claiming that Séléka rebels had attacked the border town of Toktoyo and killed a Cameroon border officer; whereas despite the reopening of the border, lorry drivers remain hesitant about crossing into the CAR, owing to deteriorating security conditions; |
| --- | --- |

J.

whereas on 21 August 2013 the Cameroon authorities temporarily closed the border with the CAR after claiming that Séléka rebels had attacked the border town of Toktoyo and killed a Cameroon border officer; whereas despite the reopening of the border, lorry drivers remain hesitant about crossing into the CAR, owing to deteriorating security conditions;

| K. | whereas the CAR is confronted with social and economic challenges, as the public and private sectors have been pillaged and destroyed, seriously undermining the country’s administration and economic fabric and causing social turmoil; whereas hospitals have also been plundered on a massive scale, creating a disastrous health situation in the country; |
| --- | --- |

K.

whereas the CAR is confronted with social and economic challenges, as the public and private sectors have been pillaged and destroyed, seriously undermining the country’s administration and economic fabric and causing social turmoil; whereas hospitals have also been plundered on a massive scale, creating a disastrous health situation in the country;

| L. | recalling that the Libreville Agreement remains the basis for the transitional arrangement; whereas after the 18-month transitional period, free, democratic, transparent and regular elections must be organised, but whereas the Head of State, the Prime Minister, the members of the transitional government and the members of the Bureau of the CNT will not be allowed to stand; |
| --- | --- |

L.

recalling that the Libreville Agreement remains the basis for the transitional arrangement; whereas after the 18-month transitional period, free, democratic, transparent and regular elections must be organised, but whereas the Head of State, the Prime Minister, the members of the transitional government and the members of the Bureau of the CNT will not be allowed to stand;

| M. | whereas the ECCAS summit of 3 April 2013 established the NTC, and whereas that of 18 April 2013 adopted a roadmap for its composition and functioning; |
| --- | --- |

M.

whereas the ECCAS summit of 3 April 2013 established the NTC, and whereas that of 18 April 2013 adopted a roadmap for its composition and functioning;

| N. | whereas an International Contact Group on the Central African Republic was established in May 2013 to coordinate regional, continent-wide and international action in order to find a lasting solution to the country’s recurrent problems; |
| --- | --- |

N.

whereas an International Contact Group on the Central African Republic was established in May 2013 to coordinate regional, continent-wide and international action in order to find a lasting solution to the country’s recurrent problems;

| O. | whereas the European Union engages in regular political dialogue with the CAR, pursuant to the Cotonou Agreement, whereas it is the country’s main donor and whereas on 8 July 2013 it decided to increase its humanitarian aid by €8 m, to €20 m; whereas this EU aid cannot be enough and whereas other international partners must also enter into commitments; |
| --- | --- |

O.

whereas the European Union engages in regular political dialogue with the CAR, pursuant to the Cotonou Agreement, whereas it is the country’s main donor and whereas on 8 July 2013 it decided to increase its humanitarian aid by €8 m, to €20 m; whereas this EU aid cannot be enough and whereas other international partners must also enter into commitments;

| P. | whereas the CAR has faced decades of instability and political unrest since it gained independence in 1960; whereas, despite the fact that it is a country rich in natural resources (timber, gold, diamonds, uranium, etc.), the CAR ranks only 179th out of 187 countries on the UN Human Development Index and, with around 70 % of its population living below the poverty line, remains one of the poorest countries in the world; |
| --- | --- |

P.

whereas the CAR has faced decades of instability and political unrest since it gained independence in 1960; whereas, despite the fact that it is a country rich in natural resources (timber, gold, diamonds, uranium, etc.), the CAR ranks only 179th out of 187 countries on the UN Human Development Index and, with around 70 % of its population living below the poverty line, remains one of the poorest countries in the world;

| 1. | Condemns the unconstitutional seizure of power, by dint of armed force, by the Séléka coalition on 24 March 2013; |
| --- | --- |

1.

Condemns the unconstitutional seizure of power, by dint of armed force, by the Séléka coalition on 24 March 2013;

| 2. | Expresses its deep concern over the situation in the CAR, which is characterised by a complete breakdown of law and order and the absence of the rule of law; condemns the recent violence, which has further eroded even the most basic services in the country and exacerbated an already dire humanitarian situation affecting the entire population; |
| --- | --- |

2.

Expresses its deep concern over the situation in the CAR, which is characterised by a complete breakdown of law and order and the absence of the rule of law; condemns the recent violence, which has further eroded even the most basic services in the country and exacerbated an already dire humanitarian situation affecting the entire population;

| 3. | Calls on the CAR authorities to take concrete measures to protect the civilian population, to end the recruitment and use of children by armed groups, and to restore security and public order as well as basic electricity and water services; |
| --- | --- |

3.

Calls on the CAR authorities to take concrete measures to protect the civilian population, to end the recruitment and use of children by armed groups, and to restore security and public order as well as basic electricity and water services;

| 4. | Strongly condemns the serious violations of humanitarian law and the widespread violations of human rights law, notably by elements of the Séléka, including extrajudicial killings, summary executions, enforced disappearances, arbitrary arrests and detention, torture, sexual and gender-based violence and the recruitment of child soldiers; |
| --- | --- |

4.

Strongly condemns the serious violations of humanitarian law and the widespread violations of human rights law, notably by elements of the Séléka, including extrajudicial killings, summary executions, enforced disappearances, arbitrary arrests and detention, torture, sexual and gender-based violence and the recruitment of child soldiers;

| 5. | Calls on the CAR authorities and on all stakeholders to address the structural causes of the country’s recurrent crises and to work together to implement the Libreville Agreement, which sets out the conditions for transition in the country and for a return to constitutional order, with the objective of achieving long-lasting peace and democratic solutions; |
| --- | --- |

5.

Calls on the CAR authorities and on all stakeholders to address the structural causes of the country’s recurrent crises and to work together to implement the Libreville Agreement, which sets out the conditions for transition in the country and for a return to constitutional order, with the objective of achieving long-lasting peace and democratic solutions;

| 6. | Calls on the international partners to fully support their joint efforts in the fields of security, humanitarian aid and establishment of the rule of law; calls on the UN Security Council to study, as a matter of urgency, the request for support made by the African Union to finance the 3 600 members of civil and military personnel of the peacekeeping mission in the CAR; |
| --- | --- |

6.

Calls on the international partners to fully support their joint efforts in the fields of security, humanitarian aid and establishment of the rule of law; calls on the UN Security Council to study, as a matter of urgency, the request for support made by the African Union to finance the 3 600 members of civil and military personnel of the peacekeeping mission in the CAR;

| 7. | Supports the current transition from the Mission for the Consolidation of Peace in the CAR (MICOPAX) to the African-Led International Support Mission in the CAR (AFISM-CAR), whose mandate should be exercised under the auspices of the UN; |
| --- | --- |

7.

Supports the current transition from the Mission for the Consolidation of Peace in the CAR (MICOPAX) to the African-Led International Support Mission in the CAR (AFISM-CAR), whose mandate should be exercised under the auspices of the UN;

| 8. | Welcomes the decision of the ECCAS heads of state to increase significantly the size of the Multinational Force of Central Africa (FOMAC) and to adopt an appropriate mission mandate to contribute to the securing of the CAR; is concerned, at the same time, that although 1 300 ECCAS troops have been deployed to the CAR, they have been unable to prevent the country from sliding into lawlessness; points out that a worsening situation in the CAR could lead to regional instability; |
| --- | --- |

8.

Welcomes the decision of the ECCAS heads of state to increase significantly the size of the Multinational Force of Central Africa (FOMAC) and to adopt an appropriate mission mandate to contribute to the securing of the CAR; is concerned, at the same time, that although 1 300 ECCAS troops have been deployed to the CAR, they have been unable to prevent the country from sliding into lawlessness; points out that a worsening situation in the CAR could lead to regional instability;

| 9. | Calls for the perpetrators of human rights violations, war crimes, crimes against humanity, sexual violence against women and the recruitment of child soldiers to be reported, identified, prosecuted and punished in accordance with national and international criminal law; points out, in this connection, that the situation in the CAR has already been brought before the ICC and that, under the Court’s statute, there is no period of prescription for genocide, crimes against humanity or war crimes; |
| --- | --- |

9.

Calls for the perpetrators of human rights violations, war crimes, crimes against humanity, sexual violence against women and the recruitment of child soldiers to be reported, identified, prosecuted and punished in accordance with national and international criminal law; points out, in this connection, that the situation in the CAR has already been brought before the ICC and that, under the Court’s statute, there is no period of prescription for genocide, crimes against humanity or war crimes;

| 10. | Welcomes the decision by the CAR to launch a programme for the collection of unauthorised weapons as a response to violence and petty crime in the chronically unstable nation; urges the government to make this measure mandatory; |
| --- | --- |

10.

Welcomes the decision by the CAR to launch a programme for the collection of unauthorised weapons as a response to violence and petty crime in the chronically unstable nation; urges the government to make this measure mandatory;

| 11. | Notes the establishment of a joint committee of inquiry into the atrocities committed since the seizure of power by Séléka, and calls on all parties participating in this body to work in concert to promote national reconciliation; |
| --- | --- |

11.

Notes the establishment of a joint committee of inquiry into the atrocities committed since the seizure of power by Séléka, and calls on all parties participating in this body to work in concert to promote national reconciliation;

| 12. | Considers it necessary, furthermore, to address the consequences of the conflicts, in particular through reform of the armed forces and security forces, demilitarisation, the demobilisation and reintegration of ex-combatants, the repatriation of refugees, the return of internally displaced people to their homes, and the implementation of viable development programmes; |
| --- | --- |

12.

Considers it necessary, furthermore, to address the consequences of the conflicts, in particular through reform of the armed forces and security forces, demilitarisation, the demobilisation and reintegration of ex-combatants, the repatriation of refugees, the return of internally displaced people to their homes, and the implementation of viable development programmes;

| 13. | Insists that a comprehensive political solution, including fair distribution of revenue through the state budget, is vital for finding solutions to the crisis and paving the way for sustainable development of the region; calls on the UN Secretary-General to appoint a panel of experts to carry out an inquiry into the exploitation of the CAR’s agricultural and mineral resources, with the objective of establishing a legal framework enabling the country’s resources to benefit its population; |
| --- | --- |

13.

Insists that a comprehensive political solution, including fair distribution of revenue through the state budget, is vital for finding solutions to the crisis and paving the way for sustainable development of the region; calls on the UN Secretary-General to appoint a panel of experts to carry out an inquiry into the exploitation of the CAR’s agricultural and mineral resources, with the objective of establishing a legal framework enabling the country’s resources to benefit its population;

| 14. | Welcomes the EU’s increased support for addressing the humanitarian crisis in the CAR, and calls for the EU and its Member States, as leading donors to the country, to enhance their coordination with the other donors and international institutions in order to meet the urgent humanitarian needs adequately and alleviate the suffering of the people of the CAR; requests that an international meeting on the CAR be held on the margins of the UN General Assembly in New York in September 2013; |
| --- | --- |

14.

Welcomes the EU’s increased support for addressing the humanitarian crisis in the CAR, and calls for the EU and its Member States, as leading donors to the country, to enhance their coordination with the other donors and international institutions in order to meet the urgent humanitarian needs adequately and alleviate the suffering of the people of the CAR; requests that an international meeting on the CAR be held on the margins of the UN General Assembly in New York in September 2013;

| 15. | Calls for the international operations to be stepped up, with the consent of the CAR, with a view to arresting members of the Lord’s Resistance Army, in order to put an end to the devastation caused by this criminal group; |
| --- | --- |

15.

Calls for the international operations to be stepped up, with the consent of the CAR, with a view to arresting members of the Lord’s Resistance Army, in order to put an end to the devastation caused by this criminal group;

| 16. | Calls on the authorities of the Central African Republic to fulfil the obligations laid down in the Rome Statute of the International Criminal Court, which their country has signed; |
| --- | --- |

16.

Calls on the authorities of the Central African Republic to fulfil the obligations laid down in the Rome Statute of the International Criminal Court, which their country has signed;

| 17. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the UN Security Council, the UN Secretary-General, the institutions of the African Union, the ECCAS, the ACP-EU Joint Parliamentary Assembly and the Member States of the European Union. |
| --- | --- |

17.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the UN Security Council, the UN Secretary-General, the institutions of the African Union, the ECCAS, the ACP-EU Joint Parliamentary Assembly and the Member States of the European Union.

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(1)  Texts adopted, P7_TA(2013)0033.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/182 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/182

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P7_TA(2013)0390

Situation in Bahrain

European Parliament resolution of 12 September 2013 on the human rights situation in Bahrain (2013/2830(RSP))

(2016/C 093/29)

The European Parliament,

| — | having regard to its previous resolutions on Bahrain of 27 October 2011 (1), of 15 March 2012 (2) and of 17 January 2013 (3), |
| --- | --- |

—

having regard to its previous resolutions on Bahrain of 27 October 2011 (1), of 15 March 2012 (2) and of 17 January 2013 (3),

| — | having regard to the visit of a delegation of its Subcommittee on Human Rights to Bahrain on 19 and 20 December 2012 and to the press statement issued by that delegation, and having regard to the Arab Peninsula delegation visit from 27 to 30 April 2013 and its press statement, |
| --- | --- |

—

having regard to the visit of a delegation of its Subcommittee on Human Rights to Bahrain on 19 and 20 December 2012 and to the press statement issued by that delegation, and having regard to the Arab Peninsula delegation visit from 27 to 30 April 2013 and its press statement,

| — | having regard to the statements by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on Bahrain, in particular her statements of 7 January, 11 February and 1 July 2013, |
| --- | --- |

—

having regard to the statements by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on Bahrain, in particular her statements of 7 January, 11 February and 1 July 2013,

| — | having regard to the statements by the UN Secretary-General, in particular that of 8 January 2013, and to the statement of the spokesperson for the UN High Commissioner for Human Rights of 6 August 2013, |
| --- | --- |

—

having regard to the statements by the UN Secretary-General, in particular that of 8 January 2013, and to the statement of the spokesperson for the UN High Commissioner for Human Rights of 6 August 2013,

| — | having regard to the 23rd EU-GCC Joint Council and Ministerial Meeting, held in Manama, Bahrain, on 30 June 2013, |
| --- | --- |

—

having regard to the 23rd EU-GCC Joint Council and Ministerial Meeting, held in Manama, Bahrain, on 30 June 2013,

| — | having regard to the extraordinary meeting of Bahrain’s National Assembly, held on 28 July 2013, resulting in the emergency decrees issued by the King of Bahrain, Hamad bin Isa Al Khalifah, |
| --- | --- |

—

having regard to the extraordinary meeting of Bahrain’s National Assembly, held on 28 July 2013, resulting in the emergency decrees issued by the King of Bahrain, Hamad bin Isa Al Khalifah,

| — | having regard to the 2006 Bahraini ‘Protecting Society from Terrorist Acts’ legislation, |
| --- | --- |

—

having regard to the 2006 Bahraini ‘Protecting Society from Terrorist Acts’ legislation,

| — | having regard to the decision of the Arab League’s Ministerial Council, meeting in Cairo on 1 September 2013, to set up a pan-Arab court of human rights in Bahrain’s capital Manama, |
| --- | --- |

—

having regard to the decision of the Arab League’s Ministerial Council, meeting in Cairo on 1 September 2013, to set up a pan-Arab court of human rights in Bahrain’s capital Manama,

| — | having regard to the report released in November 2011 by the Bahrain Independent Commission of Inquiry (BICI) and to its follow-up report of 21 November 2012, |
| --- | --- |

—

having regard to the report released in November 2011 by the Bahrain Independent Commission of Inquiry (BICI) and to its follow-up report of 21 November 2012,

| — | having regard to the 1966 International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of Child and the Arab Charter on Human Rights, to all of which Bahrain is a party, |
| --- | --- |

—

having regard to the 1966 International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of Child and the Arab Charter on Human Rights, to all of which Bahrain is a party,

| — | having regard to the EU Guidelines on Human Rights Defenders of 2004, as updated in 2008, |
| --- | --- |

—

having regard to the EU Guidelines on Human Rights Defenders of 2004, as updated in 2008,

| — | having regard to the Universal Declaration of Human Rights of 1948, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights of 1948,

| — | having regard to Rules 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas the human rights situation in Bahrain remains a matter of concern in the wake of the crackdown on pro-democracy protesters in 2011; whereas many recent actions of the Bahraini Government continue to violate and restrict the rights and freedoms of segments of the Bahraini people, in particular the right of individuals to peaceful protest, freedom of expression and digital freedom; whereas the Bahraini authorities are continuing their crackdown on peaceful political protesters, including the disproportionate use of violence and torture by security and police forces; |
| --- | --- |

A.

whereas the human rights situation in Bahrain remains a matter of concern in the wake of the crackdown on pro-democracy protesters in 2011; whereas many recent actions of the Bahraini Government continue to violate and restrict the rights and freedoms of segments of the Bahraini people, in particular the right of individuals to peaceful protest, freedom of expression and digital freedom; whereas the Bahraini authorities are continuing their crackdown on peaceful political protesters, including the disproportionate use of violence and torture by security and police forces;

| B. | whereas human rights activists are facing ongoing systematic targeting, harassment and detention in Bahrain, some of them being condemned to life imprisonment; |
| --- | --- |

B.

whereas human rights activists are facing ongoing systematic targeting, harassment and detention in Bahrain, some of them being condemned to life imprisonment;

| C. | whereas on 1 August 2013, ahead of the peaceful protest planned in Manama on 14 August 2013, the King of Bahrain ordered the implementation of recommendations passed by the Parliament, which include the banning of all sit-ins, assemblies and protests in the capital Manama, further limitations on social media activities, an increase in the detention period and withdrawal of the citizenship of anyone found guilty of committing or inciting an act of terrorism; |
| --- | --- |

C.

whereas on 1 August 2013, ahead of the peaceful protest planned in Manama on 14 August 2013, the King of Bahrain ordered the implementation of recommendations passed by the Parliament, which include the banning of all sit-ins, assemblies and protests in the capital Manama, further limitations on social media activities, an increase in the detention period and withdrawal of the citizenship of anyone found guilty of committing or inciting an act of terrorism;

| D. | whereas the Office of the High Commissioner for Human Rights (OHCHR) has stated that, although it welcomes the National Assembly’s recommendation that ‘basic liberties, particularly freedom of opinion, should not be affected to maintain a balance between law enforcement and human rights protection’, it reiterates its concern about the restrictions on public demonstrations and other public gatherings; |
| --- | --- |

D.

whereas the Office of the High Commissioner for Human Rights (OHCHR) has stated that, although it welcomes the National Assembly’s recommendation that ‘basic liberties, particularly freedom of opinion, should not be affected to maintain a balance between law enforcement and human rights protection’, it reiterates its concern about the restrictions on public demonstrations and other public gatherings;

| E. | whereas, following the Bahrain Independent Commission of Inquiry (BICI) report, the Bahraini authorities committed themselves to undergoing reforms; whereas progress has been made in overhauling the legal and law enforcement systems, reinstating employees who were unfairly dismissed, and setting up a special prosecution unit to investigate abuse claims, as well as in carrying out reforms of the police; whereas, overall, the implementation of the BICI recommendations remains slow; |
| --- | --- |

E.

whereas, following the Bahrain Independent Commission of Inquiry (BICI) report, the Bahraini authorities committed themselves to undergoing reforms; whereas progress has been made in overhauling the legal and law enforcement systems, reinstating employees who were unfairly dismissed, and setting up a special prosecution unit to investigate abuse claims, as well as in carrying out reforms of the police; whereas, overall, the implementation of the BICI recommendations remains slow;

| F. | whereas an official delegation led by the Minister of Human Rights Affairs, Dr Salah bin Ali Abdulrahman, will attend the 24th session of the UN Human Rights Council from 7 to 27 September 2013, and will review, during its meetings, the implementation of the recommendations of the Human Rights Council and the recommendations of the Bahrain Independent Commission of Inquiry, as well as the recommendations of the National Assembly, which the Government of Bahrain has pledged to implement in accordance with a timetable and programme of action. |
| --- | --- |

F.

whereas an official delegation led by the Minister of Human Rights Affairs, Dr Salah bin Ali Abdulrahman, will attend the 24th session of the UN Human Rights Council from 7 to 27 September 2013, and will review, during its meetings, the implementation of the recommendations of the Human Rights Council and the recommendations of the Bahrain Independent Commission of Inquiry, as well as the recommendations of the National Assembly, which the Government of Bahrain has pledged to implement in accordance with a timetable and programme of action.

| G. | whereas in Bahrain even children have been arrested and kept in adult detention unsuitable for minors, where they have reportedly been tortured and improperly treated; |
| --- | --- |

G.

whereas in Bahrain even children have been arrested and kept in adult detention unsuitable for minors, where they have reportedly been tortured and improperly treated;

| H. | whereas on 24 April 2013 the government postponed for the second time — this time indefinitely — the visit of Special Rapporteur on torture and other cruel, inhuman and degrading treatment and punishment; |
| --- | --- |

H.

whereas on 24 April 2013 the government postponed for the second time — this time indefinitely — the visit of Special Rapporteur on torture and other cruel, inhuman and degrading treatment and punishment;

| I. | whereas on 2 September 2013 Bahrain announced that it would host the permanent headquarters of the Arab Human Rights Court following its approval at an Arab League meeting in Cairo; |
| --- | --- |

I.

whereas on 2 September 2013 Bahrain announced that it would host the permanent headquarters of the Arab Human Rights Court following its approval at an Arab League meeting in Cairo;

| J. | whereas the EU Special Representative for Human Rights, Stavros Lambrinidis, visited Bahrain in the scope of the EU-Gulf Cooperation Council Ministerial meeting in June 2013; |
| --- | --- |

J.

whereas the EU Special Representative for Human Rights, Stavros Lambrinidis, visited Bahrain in the scope of the EU-Gulf Cooperation Council Ministerial meeting in June 2013;

| 1. | Calls on the Bahraini authorities to respect human rights and fundamental freedoms, including freedom of expression, both online and offline, and freedom of assembly; deeply regrets the recent restrictive orders by the Parliament and the King of Bahrain, and calls for a lifting of the ban on the right to peaceful demonstrations and free assembly in the capital, Manama, and a repeal of the orders of the Minister of Justice of 3 September 2013, which are irreconcilable with the government’s commitment to launching reforms and will not help progress on national reconciliation or build trust among all parties; |
| --- | --- |

1.

Calls on the Bahraini authorities to respect human rights and fundamental freedoms, including freedom of expression, both online and offline, and freedom of assembly; deeply regrets the recent restrictive orders by the Parliament and the King of Bahrain, and calls for a lifting of the ban on the right to peaceful demonstrations and free assembly in the capital, Manama, and a repeal of the orders of the Minister of Justice of 3 September 2013, which are irreconcilable with the government’s commitment to launching reforms and will not help progress on national reconciliation or build trust among all parties;

| 2. | Urges that the legitimate right of Bahraini citizens to express their opinions freely, organise gatherings and demonstrate peacefully be respected; underlines the importance of free and pluralistic media; calls for full access to the country for international NGOs and journalists; |
| --- | --- |

2.

Urges that the legitimate right of Bahraini citizens to express their opinions freely, organise gatherings and demonstrate peacefully be respected; underlines the importance of free and pluralistic media; calls for full access to the country for international NGOs and journalists;

| 3. | Welcomes the steps taken by the Bahraini authorities to implement the recommendations by the Bahraini Independent Commission of Inquiry; recognises that some efforts have been undertaken in this respect, but stresses nevertheless that more must be done to improve the human rights situation in the country; calls on the Government of Bahrain to implement fully and swiftly the BICI and Universal Periodic Review recommendations; recommends that the UN Human Rights Council’s 24th Session set up a monitoring mechanism mandated to follow the implementation of the BICI recommendations and the overall resolution of the human rights situation in Bahrain; |
| --- | --- |

3.

Welcomes the steps taken by the Bahraini authorities to implement the recommendations by the Bahraini Independent Commission of Inquiry; recognises that some efforts have been undertaken in this respect, but stresses nevertheless that more must be done to improve the human rights situation in the country; calls on the Government of Bahrain to implement fully and swiftly the BICI and Universal Periodic Review recommendations; recommends that the UN Human Rights Council’s 24th Session set up a monitoring mechanism mandated to follow the implementation of the BICI recommendations and the overall resolution of the human rights situation in Bahrain;

| 4. | Calls on the Bahraini Government to implement the necessary democratic reforms and to encourage an inclusive and constructive national dialogue and reconciliation, including the release of dissidents; |
| --- | --- |

4.

Calls on the Bahraini Government to implement the necessary democratic reforms and to encourage an inclusive and constructive national dialogue and reconciliation, including the release of dissidents;

| 5. | Calls on the Bahraini authorities to put an immediate end to all acts of repression, including judicial harassment, and calls for the immediate and unconditional release of all prisoners of conscience, political activists, journalists, bloggers, doctors and paramedics, human rights defenders and peaceful protesters, including Abdulhadi Al-Khawaja, Nabeel Rajab, Ibrahim Sharif, Naji Fateel, Zainab Al-Khawaja, Mahdi’Issa Mahdi Abu Deeb and Jalila Al-Salman; |
| --- | --- |

5.

Calls on the Bahraini authorities to put an immediate end to all acts of repression, including judicial harassment, and calls for the immediate and unconditional release of all prisoners of conscience, political activists, journalists, bloggers, doctors and paramedics, human rights defenders and peaceful protesters, including Abdulhadi Al-Khawaja, Nabeel Rajab, Ibrahim Sharif, Naji Fateel, Zainab Al-Khawaja, Mahdi’Issa Mahdi Abu Deeb and Jalila Al-Salman;

| 6. | Welcomes the fact that King Hamad Bin Isa al-Khalifa has set up an independent commission for the rights of prisoners and detainees, and calls on this commission to effectively monitor and improve the conditions and treatment of prisoners and detainees; |
| --- | --- |

6.

Welcomes the fact that King Hamad Bin Isa al-Khalifa has set up an independent commission for the rights of prisoners and detainees, and calls on this commission to effectively monitor and improve the conditions and treatment of prisoners and detainees;

| 7. | Welcomes King Hamad Bin Isa al-Khalifa’s setting up of a Ministry for Human Rights and Social Development in Bahrain, and calls on that ministry to act in accordance with international human rights standards and obligations; notes in particular the progressive stance of Bahrain towards women in society; |
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7.

Welcomes King Hamad Bin Isa al-Khalifa’s setting up of a Ministry for Human Rights and Social Development in Bahrain, and calls on that ministry to act in accordance with international human rights standards and obligations; notes in particular the progressive stance of Bahrain towards women in society;

| 8. | Notes the formal establishment of a Police Ombudsman by the Bahraini Interior Ministry in July 2013, and expresses the hope that this move will mean that the complaints and grievances of Bahraini citizens can be effectively looked into; |
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8.

Notes the formal establishment of a Police Ombudsman by the Bahraini Interior Ministry in July 2013, and expresses the hope that this move will mean that the complaints and grievances of Bahraini citizens can be effectively looked into;

| 9. | Notes the Bahraini Government’s ongoing efforts to reform the penal code and legal procedures, and encourages this process to continue; calls on the Government of Bahrain to take all necessary steps to guarantee due process, and the independence and impartiality of the judiciary in Bahrain, and to ensure that it acts in full accordance with international human rights standards; |
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9.

Notes the Bahraini Government’s ongoing efforts to reform the penal code and legal procedures, and encourages this process to continue; calls on the Government of Bahrain to take all necessary steps to guarantee due process, and the independence and impartiality of the judiciary in Bahrain, and to ensure that it acts in full accordance with international human rights standards;

| 10. | Urges that independent investigations be conducted into all allegations of torture and other ill- treatment, and that the results be made public; takes the view that accountability for past violations is a key element on the path towards justice and genuine reconciliation, which are necessary for social stability; |
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10.

Urges that independent investigations be conducted into all allegations of torture and other ill- treatment, and that the results be made public; takes the view that accountability for past violations is a key element on the path towards justice and genuine reconciliation, which are necessary for social stability;

| 11. | Urges the Bahraini authorities to respect the rights of juveniles, to refrain from detaining them in adult facilities, and to treat juveniles in accordance with the Convention on the Rights of the Child, to which Bahrain is a party; |
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11.

Urges the Bahraini authorities to respect the rights of juveniles, to refrain from detaining them in adult facilities, and to treat juveniles in accordance with the Convention on the Rights of the Child, to which Bahrain is a party;

| 12. | Believes that arbitrary deprivation of nationality could lead to statelessness, with serious consequences for the protection of the human rights of the individuals concerned; notes that withdrawal of the citizenship of political opponents by the Bahraini authorities is contrary to international law; |
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12.

Believes that arbitrary deprivation of nationality could lead to statelessness, with serious consequences for the protection of the human rights of the individuals concerned; notes that withdrawal of the citizenship of political opponents by the Bahraini authorities is contrary to international law;

| 13. | Regrets the weak EU response to the ongoing situation in Bahrain and calls on the HR/VP to condemn the ongoing violations of basic human rights and fundamental freedoms, and to impose targeted restrictive measures (visa bans and asset freezes) against those individuals responsible for, and involved in, the human rights abuses (as documented by the BICI report); |
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13.

Regrets the weak EU response to the ongoing situation in Bahrain and calls on the HR/VP to condemn the ongoing violations of basic human rights and fundamental freedoms, and to impose targeted restrictive measures (visa bans and asset freezes) against those individuals responsible for, and involved in, the human rights abuses (as documented by the BICI report);

| 14. | Calls on the VP/HR and the Member States to work together to develop a clear strategy as to how the EU will, both publicly and privately, actively push for the release of prisoners of conscience, and calls on the VP/HR to work with the Member States to ensure the adoption of Foreign Affairs Council conclusions on the human rights situation in Bahrain, which should include a specific call for the immediate and unconditional release of those prisoners; |
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14.

Calls on the VP/HR and the Member States to work together to develop a clear strategy as to how the EU will, both publicly and privately, actively push for the release of prisoners of conscience, and calls on the VP/HR to work with the Member States to ensure the adoption of Foreign Affairs Council conclusions on the human rights situation in Bahrain, which should include a specific call for the immediate and unconditional release of those prisoners;

| 15. | Expresses regret that the visit of the Special Rapporteur on torture was again postponed, and calls upon the Bahraini authorities to facilitate visits of the Special Rapporteurs on freedom of association and assembly and on the situation of human rights defenders; |
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15.

Expresses regret that the visit of the Special Rapporteur on torture was again postponed, and calls upon the Bahraini authorities to facilitate visits of the Special Rapporteurs on freedom of association and assembly and on the situation of human rights defenders;

| 16. | Welcomes the decision by the Arab League to set up a Arab Human Rights Court in Manama and expresses its hope that it may act as a catalyst for human rights across the region; urges the Government of Bahrain, as well as its partners in the Arab League, to ensure the integrity, impartiality, efficiency and credibility of this Court; |
| --- | --- |

16.

Welcomes the decision by the Arab League to set up a Arab Human Rights Court in Manama and expresses its hope that it may act as a catalyst for human rights across the region; urges the Government of Bahrain, as well as its partners in the Arab League, to ensure the integrity, impartiality, efficiency and credibility of this Court;

| 17. | Instructs its president to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the government and parliaments of the Member States, and the Government and Parliament of the Kingdom of Bahrain. |
| --- | --- |

17.

Instructs its president to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the government and parliaments of the Member States, and the Government and Parliament of the Kingdom of Bahrain.

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(1)  OJ C 131 E, 8.5.2013, p. 125.

(2)  OJ C 251 E, 31.8.2013, p. 111.

(3)  Texts adopted, P7_TA(2013)0032.

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RECOMMENDATIONS

European Parliament

Thursday 12 September 2013

| 9.3.2016 | EN | Official Journal of the European Union | C 93/186 |
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9.3.2016

EN

Official Journal of the European Union

C 93/186

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P7_TA(2013)0382

EU policy towards Belarus

European Parliament recommendation of 12 September 2013 to the Council, the Commission and the European External Action Service on EU Policy towards Belarus (2013/2036(INI))

(2016/C 093/30)

The European Parliament,

| — | having regard to its resolution of 26 October 2012 on the situation in Belarus after the parliamentary elections of 23 September 2012 (1), |
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—

having regard to its resolution of 26 October 2012 on the situation in Belarus after the parliamentary elections of 23 September 2012 (1),

| — | having regard to its resolution of 29 March 2012 on the situation in Belarus (2), |
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—

having regard to its resolution of 29 March 2012 on the situation in Belarus (2),

| — | having regard to its resolution of 12 May 2011 on Belarus (3), |
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—

having regard to its resolution of 12 May 2011 on Belarus (3),

| — | having regard to its resolution of 20 January 2011 on the situation in Belarus (4), |
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—

having regard to its resolution of 20 January 2011 on the situation in Belarus (4),

| — | having regard to its resolution of 12 September 2012 on the Annual Report from the Council to the European Parliament on the Common Foreign and Security Policy (5), |
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—

having regard to its resolution of 12 September 2012 on the Annual Report from the Council to the European Parliament on the Common Foreign and Security Policy (5),

| — | having regard to its resolution of 14 December 2011 on the review of the European Neighbourhood Policy (6), |
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—

having regard to its resolution of 14 December 2011 on the review of the European Neighbourhood Policy (6),

| — | having regard to the Resolution of the Conference of the National Platform of the Eastern Partnership Civil Society Forum of 1 June 2013, |
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—

having regard to the Resolution of the Conference of the National Platform of the Eastern Partnership Civil Society Forum of 1 June 2013,

| — | having regard to its resolution of 7 April 2011 on the review of the European Neighbourhood Policy — Eastern Dimension (7), |
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—

having regard to its resolution of 7 April 2011 on the review of the European Neighbourhood Policy — Eastern Dimension (7),

| — | having regard to the Prague Declaration of the Eastern Partnership 2009 summit, |
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—

having regard to the Prague Declaration of the Eastern Partnership 2009 summit,

| — | having regard to the conclusions of the Foreign Affairs Council of 15 October 2012 and to the Council Regulation (EU) No 1014/2012 of 6 November 2012 on restrictive measures in respect of Belarus (8), |
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—

having regard to the conclusions of the Foreign Affairs Council of 15 October 2012 and to the Council Regulation (EU) No 1014/2012 of 6 November 2012 on restrictive measures in respect of Belarus (8),

| — | having regard to Rule 97 of its Rules of Procedure, |
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—

having regard to Rule 97 of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Foreign Affairs (A7-0261/2013), |
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—

having regard to the recommendation of the Committee on Foreign Affairs (A7-0261/2013),

| A. | whereas since 1994 no free and fair elections in Belarus have been conducted under electoral legislation in line with international standards; |
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A.

whereas since 1994 no free and fair elections in Belarus have been conducted under electoral legislation in line with international standards;

| B. | whereas the principle of separation of powers was virtually abolished by the constitutional reform of 1996, and the political opposition has not been represented since in political institutions and has not been able to participate in the formulation and implementation of the political course of the country; |
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B.

whereas the principle of separation of powers was virtually abolished by the constitutional reform of 1996, and the political opposition has not been represented since in political institutions and has not been able to participate in the formulation and implementation of the political course of the country;

| C. | whereas over the same period human rights and fundamental freedoms have been systematically and massively violated with regard, in particular, to freedom of expression, freedom of association, freedom of assembly; |
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C.

whereas over the same period human rights and fundamental freedoms have been systematically and massively violated with regard, in particular, to freedom of expression, freedom of association, freedom of assembly;

| D. | whereas in 1997 the European Council suspended the ratification of the Partnership and Co-operation Agreement and froze the Interim Trade Agreement, therefore EU-Belarus relations remain regulated by the 1989 Trade and Co-operation Agreement; |
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D.

whereas in 1997 the European Council suspended the ratification of the Partnership and Co-operation Agreement and froze the Interim Trade Agreement, therefore EU-Belarus relations remain regulated by the 1989 Trade and Co-operation Agreement;

| E. | whereas in 2008-2010, EU-Belarus relations had gained some momentum when Belarus showed willingness to develop constructive relations with the EU, and a certain movement towards improved conditions for activities of civil society, opposition and free press was observed; however, the brutal crackdown following the 2010 presidential elections and tightening of repressive policy, such as the arrest of presidential candidates followed by mass arrests, politically motivated criminal cases against representatives of the opposition, and a wave of repression against human rights defenders and independent media, led to a significant deterioration of these relations; |
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E.

whereas in 2008-2010, EU-Belarus relations had gained some momentum when Belarus showed willingness to develop constructive relations with the EU, and a certain movement towards improved conditions for activities of civil society, opposition and free press was observed; however, the brutal crackdown following the 2010 presidential elections and tightening of repressive policy, such as the arrest of presidential candidates followed by mass arrests, politically motivated criminal cases against representatives of the opposition, and a wave of repression against human rights defenders and independent media, led to a significant deterioration of these relations;

| F. | whereas Belarusian authorities, rejecting calls for compliance with internationally accepted democratic standards by the EU, lead the policy of self-isolation, imposing it on the Belarusian people; |
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F.

whereas Belarusian authorities, rejecting calls for compliance with internationally accepted democratic standards by the EU, lead the policy of self-isolation, imposing it on the Belarusian people;

| G. | whereas the European Parliament does not recognise the legitimacy of the Belarusian parliament; in the past decade, only one official delegation of the European Parliament visited Belarus in 2010; |
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G.

whereas the European Parliament does not recognise the legitimacy of the Belarusian parliament; in the past decade, only one official delegation of the European Parliament visited Belarus in 2010;

| H. | whereas 70 % of the Belarusian population desire change in the country; however, part of it perceives that substantial changes would initially lead to a deterioration in standards of living (9); |
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H.

whereas 70 % of the Belarusian population desire change in the country; however, part of it perceives that substantial changes would initially lead to a deterioration in standards of living (9);

| I. | whereas democratic transformation could probably be more likely if reformist parts of the elites currently ruling would engage in reforms; however, major catalysts should come from civil society organisations and private business; |
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I.

whereas democratic transformation could probably be more likely if reformist parts of the elites currently ruling would engage in reforms; however, major catalysts should come from civil society organisations and private business;

| J. | whereas the establishment of a consistent political dialogue with Belarusian authorities under the above-mentioned condition should result in involving civil society and opposition in the multi-stakeholder dialogue and implementation of the reforms; |
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J.

whereas the establishment of a consistent political dialogue with Belarusian authorities under the above-mentioned condition should result in involving civil society and opposition in the multi-stakeholder dialogue and implementation of the reforms;

| K. | whereas the Eastern Partnership Summit in Vilnius could become yet another important opportunity for the conditional and gradual improvement of EU-Belarus relations, as long as all political prisoners are released and politically rehabilitated; |
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K.

whereas the Eastern Partnership Summit in Vilnius could become yet another important opportunity for the conditional and gradual improvement of EU-Belarus relations, as long as all political prisoners are released and politically rehabilitated;

| L. | whereas, as a consequence, EU restrictive measures have been reviewed and extended (currently imposed on 242 persons and 30 entities), while the Belarusian authorities continue to ban some politicians, officials, including representatives of international organisations, journalists and civil society representatives from entering the country; |
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L.

whereas, as a consequence, EU restrictive measures have been reviewed and extended (currently imposed on 242 persons and 30 entities), while the Belarusian authorities continue to ban some politicians, officials, including representatives of international organisations, journalists and civil society representatives from entering the country;

| M. | whereas further efforts towards a unified strategy and action plan could be helpful in achieving the political opposition’s goals; whereas concrete measures such as joint lists for the local elections in 2014, the drafting of a common political programme, or presentation of a single candidate for the presidential election in 2015 are positive developments in that regard; |
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M.

whereas further efforts towards a unified strategy and action plan could be helpful in achieving the political opposition’s goals; whereas concrete measures such as joint lists for the local elections in 2014, the drafting of a common political programme, or presentation of a single candidate for the presidential election in 2015 are positive developments in that regard;

| N. | whereas the European Dialogue on Modernisation with Belarusian society launched in 2012 has had a positive impact on starting a constructive debate in Belarusian society on necessary reforms in the country and on awareness about the EU; however, further development of the concept, purpose, strategy, adequate funding and management structure of this Dialogue, as well as its better coordination with the Eastern Partnership initiatives, are necessary; |
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N.

whereas the European Dialogue on Modernisation with Belarusian society launched in 2012 has had a positive impact on starting a constructive debate in Belarusian society on necessary reforms in the country and on awareness about the EU; however, further development of the concept, purpose, strategy, adequate funding and management structure of this Dialogue, as well as its better coordination with the Eastern Partnership initiatives, are necessary;

| O. | whereas the National Platform of the Civil Society Forum of the Eastern Partnership is an important and reliable partner and a unique communication channel to the Belarusian people for the EU; |
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O.

whereas the National Platform of the Civil Society Forum of the Eastern Partnership is an important and reliable partner and a unique communication channel to the Belarusian people for the EU;

| P. | whereas there are still political prisoners in Belarus (10), including Ales Bialatski, human rights defender and Sakharov Prize nominee, who endured severe psychological and physical torture including death threats, unjustified transfers, unsatisfactory health care provision and deprivation of the right to meet family members; the release and political rehabilitation of all political prisoners, as well as the progress of Belarus in fulfilling its international commitments and respecting fundamental human rights, the rule of law and democratic freedoms, remain the principal conditions for the normalisation of EU-Belarus relations; |
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P.

whereas there are still political prisoners in Belarus (10), including Ales Bialatski, human rights defender and Sakharov Prize nominee, who endured severe psychological and physical torture including death threats, unjustified transfers, unsatisfactory health care provision and deprivation of the right to meet family members; the release and political rehabilitation of all political prisoners, as well as the progress of Belarus in fulfilling its international commitments and respecting fundamental human rights, the rule of law and democratic freedoms, remain the principal conditions for the normalisation of EU-Belarus relations;

| Q. | whereas the decrease in the absolute number of politically motivated arrests (down from 868 in 2011 to 235 in 2012, as reported by the Viasna Human Rights Centre) could be attributed to the atmosphere of repressions and intimidation; |
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Q.

whereas the decrease in the absolute number of politically motivated arrests (down from 868 in 2011 to 235 in 2012, as reported by the Viasna Human Rights Centre) could be attributed to the atmosphere of repressions and intimidation;

| R. | whereas recent restrictive legislative amendments have led to the further repression of civil society, including human rights defenders, independent media and defence lawyers; whereas the general situation with respect to human rights and fundamental freedoms is deplorable and remains a great concern, as highlighted in the 2013 report by the UN Special Rapporteur on Belarus; whereas the immunity shown by the Belarusian authorities to appeals made by the international community contributes to the further worsening of relations with the EU and contributes to the progressive self-isolation of Belarus; |
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R.

whereas recent restrictive legislative amendments have led to the further repression of civil society, including human rights defenders, independent media and defence lawyers; whereas the general situation with respect to human rights and fundamental freedoms is deplorable and remains a great concern, as highlighted in the 2013 report by the UN Special Rapporteur on Belarus; whereas the immunity shown by the Belarusian authorities to appeals made by the international community contributes to the further worsening of relations with the EU and contributes to the progressive self-isolation of Belarus;

| S. | whereas in 2012 the Belarusian authorities introduced legislative changes that grant the KGB wide-ranging powers to use coercive measures freely; whereas under the new law, the security services may enter apartments and arrest and detain both Belarusian citizens and diplomats and representatives of international institutions protected by immunity without restriction; whereas this law also contains a provision freeing KGB agents of all legal responsibility for injuries suffered at their hands; whereas the Belarusian special forces have been given wide-ranging powers to break up demonstrations; |
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S.

whereas in 2012 the Belarusian authorities introduced legislative changes that grant the KGB wide-ranging powers to use coercive measures freely; whereas under the new law, the security services may enter apartments and arrest and detain both Belarusian citizens and diplomats and representatives of international institutions protected by immunity without restriction; whereas this law also contains a provision freeing KGB agents of all legal responsibility for injuries suffered at their hands; whereas the Belarusian special forces have been given wide-ranging powers to break up demonstrations;

| T. | whereas in late 2011 changes were introduced to the Law on Mass Actions, according to which holding mass protests could result in criminal liability for public disorder; whereas the organisers of mass protests are obliged to provide the authorities with information on the sources of their funding; |
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T.

whereas in late 2011 changes were introduced to the Law on Mass Actions, according to which holding mass protests could result in criminal liability for public disorder; whereas the organisers of mass protests are obliged to provide the authorities with information on the sources of their funding;

| U. | whereas in 2011, the receipt of foreign grants became a criminal act, and the definition of treason was broadened, thereby making it possible for the authorities to use criminal law to crack down on organisations and individuals receiving funding from abroad or taking part in international events; |
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U.

whereas in 2011, the receipt of foreign grants became a criminal act, and the definition of treason was broadened, thereby making it possible for the authorities to use criminal law to crack down on organisations and individuals receiving funding from abroad or taking part in international events;

| V. | whereas in 2012, the Ministry of Justice of Belarus denied registration to 19 NGOs and two political parties while members of unregistered organisations are continuously intimidated, harassed and persecuted in Belarus; |
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V.

whereas in 2012, the Ministry of Justice of Belarus denied registration to 19 NGOs and two political parties while members of unregistered organisations are continuously intimidated, harassed and persecuted in Belarus;

| W. | whereas Belarus is the only European country applying capital punishment; execution dates are unknown to the families of the convicted and the public, the body is not given for burial to the relatives, and the place of burial is not communicated; |
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W.

whereas Belarus is the only European country applying capital punishment; execution dates are unknown to the families of the convicted and the public, the body is not given for burial to the relatives, and the place of burial is not communicated;

| X. | whereas in 2012 two persons were executed despite the judicial process not having met the criteria of a fair trial; whereas in 2012 no death penalty sentence was announced after a long period, but new sentences were, however, declared in 2013; |
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X.

whereas in 2012 two persons were executed despite the judicial process not having met the criteria of a fair trial; whereas in 2012 no death penalty sentence was announced after a long period, but new sentences were, however, declared in 2013;

| Y. | whereas the situation in Belarus can be characterised by a lack of trust in the judiciary, due to its insufficient independence and politically motivated decisions; |
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Y.

whereas the situation in Belarus can be characterised by a lack of trust in the judiciary, due to its insufficient independence and politically motivated decisions;

| Z. | whereas Belarus is the only country among the Eastern Partnership countries where an official human rights institution has not yet been established; |
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Z.

whereas Belarus is the only country among the Eastern Partnership countries where an official human rights institution has not yet been established;

| AA. | whereas censorship is a serious political issue in Belarus; |
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AA.

whereas censorship is a serious political issue in Belarus;

| AB. | whereas, according to the 2013 World Press Freedom Index by Reporters without Borders, Belarus moved up to the 157th position from the 168th out of 179 countries, however it still remains in the lowest position among the Eastern Partnership countries (Azerbaijan (156), Ukraine (126), Georgia (100), Armenia (74), Moldova (55)); |
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AB.

whereas, according to the 2013 World Press Freedom Index by Reporters without Borders, Belarus moved up to the 157th position from the 168th out of 179 countries, however it still remains in the lowest position among the Eastern Partnership countries (Azerbaijan (156), Ukraine (126), Georgia (100), Armenia (74), Moldova (55));

| AC. | whereas access to independent TV and radio channels, as well as print media, is currently poor with state media dominating access to information; |
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AC.

whereas access to independent TV and radio channels, as well as print media, is currently poor with state media dominating access to information;

| AD. | whereas the situation of media freedom in Belarus is unacceptable, in particular due to the harassment of journalists banned from leaving the country, restrictive laws on broadcasting and internet freedom, and selective justice towards independent journalists, as demonstrated by three criminal cases that were initiated during summer 2012; |
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AD.

whereas the situation of media freedom in Belarus is unacceptable, in particular due to the harassment of journalists banned from leaving the country, restrictive laws on broadcasting and internet freedom, and selective justice towards independent journalists, as demonstrated by three criminal cases that were initiated during summer 2012;

| AE. | whereas in 2012 at least 15 activists and journalists were banned from leaving Belarus on the basis of false assertions; |
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AE.

whereas in 2012 at least 15 activists and journalists were banned from leaving Belarus on the basis of false assertions;

| AF. | whereas more than half of Belarusian citizens have internet access; electronic media present new possibilities of wider access for independent media, although there are some opposition websites which have been blocked in governmental and educational institutions; |
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AF.

whereas more than half of Belarusian citizens have internet access; electronic media present new possibilities of wider access for independent media, although there are some opposition websites which have been blocked in governmental and educational institutions;

| AG. | whereas Belarus ranks 50th according to the newest UN Human Development Index 2012, compared to Russia (55) and the Eastern Partnership countries (Georgia (72), Ukraine (78), Azerbaijan (82), Armenia (87), Moldova (113)); |
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AG.

whereas Belarus ranks 50th according to the newest UN Human Development Index 2012, compared to Russia (55) and the Eastern Partnership countries (Georgia (72), Ukraine (78), Azerbaijan (82), Armenia (87), Moldova (113));

| AH. | whereas one of the main reasons for a certain social stability in the country has been the social benefits system, whereby people profit and in return, choose to be politically inactive; 65 % of Belarusians receive state support in various forms, such as pensions, scholarships, unemployment benefits, etc; |
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AH.

whereas one of the main reasons for a certain social stability in the country has been the social benefits system, whereby people profit and in return, choose to be politically inactive; 65 % of Belarusians receive state support in various forms, such as pensions, scholarships, unemployment benefits, etc;

| AI. | whereas a low unemployment rate can be artificially achieved through subsidies for state-owned companies which generate about 70 % of GDP and employ 50 % of the workforce; |
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AI.

whereas a low unemployment rate can be artificially achieved through subsidies for state-owned companies which generate about 70 % of GDP and employ 50 % of the workforce;

| AJ. | whereas the Belarusian Government attempts to attract foreign investment — it has a skilled workforce, a privatisation programme, six Free Economic Zones and a high technologies park — however, systematic state intervention is evident in the private sector; |
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AJ.

whereas the Belarusian Government attempts to attract foreign investment — it has a skilled workforce, a privatisation programme, six Free Economic Zones and a high technologies park — however, systematic state intervention is evident in the private sector;

| AK. | whereas until now the Belarusian authorities have expressed their geopolitical interest in further economic integration with Russia, creating the Eurasian customs and economic union; at the same time the vast majority of all direct foreign investment in Belarus in recent years is of Russian origin; according to experts, around 700 000 Belarusians have emigrated to work to Russia, mostly to Moscow and St. Petersburg in recent decades; |
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AK.

whereas until now the Belarusian authorities have expressed their geopolitical interest in further economic integration with Russia, creating the Eurasian customs and economic union; at the same time the vast majority of all direct foreign investment in Belarus in recent years is of Russian origin; according to experts, around 700 000 Belarusians have emigrated to work to Russia, mostly to Moscow and St. Petersburg in recent decades;

| AL. | whereas signals both from the EU and Belarus on the recommencement of Belarus WTO accession negotiations are observed, especially in the context of Russia’s accession to the WTO; |
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AL.

whereas signals both from the EU and Belarus on the recommencement of Belarus WTO accession negotiations are observed, especially in the context of Russia’s accession to the WTO;

| AM. | whereas the recent polls conducted in the framework of the EU Neighbourhood Barometer project suggest that over 50 % of the Belarusian population believe that the EU should increase its role in the areas of economic development, trade and regional cooperation with Belarus; |
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AM.

whereas the recent polls conducted in the framework of the EU Neighbourhood Barometer project suggest that over 50 % of the Belarusian population believe that the EU should increase its role in the areas of economic development, trade and regional cooperation with Belarus;

| AN. | whereas the programme of modernisation recently declared by Belarus authorities is, according to experts, mostly directed at upgrading the basic industrial infrastructure while more substantial economic reforms and a transparent business environment are needed in the country, along with reduced government control in all business sectors; |
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AN.

whereas the programme of modernisation recently declared by Belarus authorities is, according to experts, mostly directed at upgrading the basic industrial infrastructure while more substantial economic reforms and a transparent business environment are needed in the country, along with reduced government control in all business sectors;

| AO. | whereas, according to the Corruption Perceptions Index 2012 by Transparency International, Belarus ranks 123 out of 176 countries and territories in comparison with Ukraine (144), Azerbaijan (139), Russia (133), Armenia (105), Moldova (94), and Georgia (51); |
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AO.

whereas, according to the Corruption Perceptions Index 2012 by Transparency International, Belarus ranks 123 out of 176 countries and territories in comparison with Ukraine (144), Azerbaijan (139), Russia (133), Armenia (105), Moldova (94), and Georgia (51);

| AP. | whereas Belarus recently acceded to the Council of Europe’s anti-corruption mechanism Greco and became a member of Greta, the mechanism to combat human trafficking; |
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AP.

whereas Belarus recently acceded to the Council of Europe’s anti-corruption mechanism Greco and became a member of Greta, the mechanism to combat human trafficking;

| AQ. | whereas Belarus is covered by the European Neighbourhood Policy but, in view of the political situation, no action plan is yet in place; |
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AQ.

whereas Belarus is covered by the European Neighbourhood Policy but, in view of the political situation, no action plan is yet in place;

| AR. | whereas assistance for Belarus is currently granted under the Country Strategy Paper 2007-2013; |
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AR.

whereas assistance for Belarus is currently granted under the Country Strategy Paper 2007-2013;

| AS. | whereas EUR 33,4 million euro were allocated in the 2007-2013 financial perspective for the European Neighbourhood and Partnership Instrument (ENPI) cross-border cooperation projects between Belarus and its neighbouring countries, while around 60 municipalities currently participate in 50 joint cross-border cooperation projects between Latvia, Lithuania and Belarus; |
| --- | --- |

AS.

whereas EUR 33,4 million euro were allocated in the 2007-2013 financial perspective for the European Neighbourhood and Partnership Instrument (ENPI) cross-border cooperation projects between Belarus and its neighbouring countries, while around 60 municipalities currently participate in 50 joint cross-border cooperation projects between Latvia, Lithuania and Belarus;

| AT. | whereas currently only 20 Belarusian experts participate in various ENPI projects in comparison to 120 in 2008; |
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AT.

whereas currently only 20 Belarusian experts participate in various ENPI projects in comparison to 120 in 2008;

| AU. | whereas the Belarusian authorities actively take part in expert meetings in the framework of the multilateral track of the Eastern Partnership, in particular in cross-border cooperation projects; |
| --- | --- |

AU.

whereas the Belarusian authorities actively take part in expert meetings in the framework of the multilateral track of the Eastern Partnership, in particular in cross-border cooperation projects;

| AV. | whereas 58 cities and municipalities in Poland, 47 in Lithuania and 30 in Latvia maintain fruitful cooperation with their partner cities and municipalities in Belarus, while the ‘Nemunas-Neman-Niemen’ Euroregion which unites Lithuania, Poland and Kaliningrad with Belarus in common project implementation could be seen as a good practice example; |
| --- | --- |

AV.

whereas 58 cities and municipalities in Poland, 47 in Lithuania and 30 in Latvia maintain fruitful cooperation with their partner cities and municipalities in Belarus, while the ‘Nemunas-Neman-Niemen’ Euroregion which unites Lithuania, Poland and Kaliningrad with Belarus in common project implementation could be seen as a good practice example;

| AW. | whereas Belarusians have been obtaining the greatest number of Schengen visas per capita in the world in recent years; however, they have to spend much more money, and in many cases also time and effort in order to obtain a visa, compared with citizens of other Eastern Partnership countries or Russia; |
| --- | --- |

AW.

whereas Belarusians have been obtaining the greatest number of Schengen visas per capita in the world in recent years; however, they have to spend much more money, and in many cases also time and effort in order to obtain a visa, compared with citizens of other Eastern Partnership countries or Russia;

| 1. | Addresses the following recommendations to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (HR/VP), the EEAS, the Council, the Commission and the Member States: that they should:






  (a) | urge the Belarusian authorities to respect human rights and work towards a democratic transition in order to end the country’s self-imposed isolation from the rest of Europe; |
| --- | --- | --- |

1.

Addresses the following recommendations to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (HR/VP), the EEAS, the Council, the Commission and the Member States: that they should:

(a)

urge the Belarusian authorities to respect human rights and work towards a democratic transition in order to end the country’s self-imposed isolation from the rest of Europe;

| (b) | reiterate that an absolute prerequisite for any progress in bilateral relations, which could lead to the gradual lifting of EU restrictive measures and unlock EU-Belarus relations, is the unconditional and immediate release and rehabilitation of the political and civic rights of all remaining political prisoners; |
| --- | --- |

(b)

reiterate that an absolute prerequisite for any progress in bilateral relations, which could lead to the gradual lifting of EU restrictive measures and unlock EU-Belarus relations, is the unconditional and immediate release and rehabilitation of the political and civic rights of all remaining political prisoners;

On political dialogue

| (c) | take advantage of Lithuania’s Presidency and the Eastern Partnership Summit in Vilnius as a further important opportunity to improve relations with Belarus, as soon as all political prisoners have been released, in order to restart the political dialogue on, inter alia, democratic reforms, free and fair elections, respect for the rule of law, human rights and fundamental freedoms, and engagement with opposition and civil society, provided that the Belarusian authorities demonstrate respect for these fundamental values; |
| --- | --- |

(c)

take advantage of Lithuania’s Presidency and the Eastern Partnership Summit in Vilnius as a further important opportunity to improve relations with Belarus, as soon as all political prisoners have been released, in order to restart the political dialogue on, inter alia, democratic reforms, free and fair elections, respect for the rule of law, human rights and fundamental freedoms, and engagement with opposition and civil society, provided that the Belarusian authorities demonstrate respect for these fundamental values;

| (d) | take note of the release from prison of Dzmitry Dashkevich and Aliaksandr Franskevich, in August and September 2013 respectively, but deplore the fact that these former political prisoners only regained their freedom once they had served their full prison sentences; |
| --- | --- |

(d)

take note of the release from prison of Dzmitry Dashkevich and Aliaksandr Franskevich, in August and September 2013 respectively, but deplore the fact that these former political prisoners only regained their freedom once they had served their full prison sentences;

| (e) | make best use of the temporary and conditional suspension of the incumbent foreign minister from the EU visa ban list with a view to broadening the main and essential diplomatic communication channel with Belarus, in particular with a view to facilitating his participation in the Eastern Partnership summit; first and foremost for a meaningful dialogue on the release of political prisoners; nevertheless, to stay firm on the visa ban and asset freeze targeting those directly involved in violating democratic election standards and human rights; |
| --- | --- |

(e)

make best use of the temporary and conditional suspension of the incumbent foreign minister from the EU visa ban list with a view to broadening the main and essential diplomatic communication channel with Belarus, in particular with a view to facilitating his participation in the Eastern Partnership summit; first and foremost for a meaningful dialogue on the release of political prisoners; nevertheless, to stay firm on the visa ban and asset freeze targeting those directly involved in violating democratic election standards and human rights;

| (f) | carry out an in-depth evaluation of the current EU restrictive measures against Belarusian officials and entities with the view, if needed, to improve their effectiveness and adapt their scope, nature and validity reacting to developments in the country and in its relations with the EU; |
| --- | --- |

(f)

carry out an in-depth evaluation of the current EU restrictive measures against Belarusian officials and entities with the view, if needed, to improve their effectiveness and adapt their scope, nature and validity reacting to developments in the country and in its relations with the EU;

| (g) | prepare a strategic ‘roadmap’, inspired by the Joint Interim Plan and based on the ‘more for more’ principle, including priority areas for reforms in Belarus for the improvement of relations and effective cooperation within the framework of the ENP, provided that concrete steps towards democratic reforms are taken; |
| --- | --- |

(g)

prepare a strategic ‘roadmap’, inspired by the Joint Interim Plan and based on the ‘more for more’ principle, including priority areas for reforms in Belarus for the improvement of relations and effective cooperation within the framework of the ENP, provided that concrete steps towards democratic reforms are taken;

| (h) | as soon as the elections are recognised by international organisations as free and fair, consult the European Parliament on the inclusion of new proposals concerning inter-parliamentary relations, both bilaterally and within the Euronest Parliamentary Assembly, while maintaining EU support to Belarusian democratic forces and civil society; |
| --- | --- |

(h)

as soon as the elections are recognised by international organisations as free and fair, consult the European Parliament on the inclusion of new proposals concerning inter-parliamentary relations, both bilaterally and within the Euronest Parliamentary Assembly, while maintaining EU support to Belarusian democratic forces and civil society;

| (i) | ensure, in line with Article 24 TEU, the support of the Member States for the EU’s position on Belarus and the compliance of their bilateral relations with the EU’s actions; emphasise that a firm commitment by all EU Member States as well as other democratic countries to act in a united manner may foster the successful promotion of universal democratic values and reforms in Belarus; |
| --- | --- |

(i)

ensure, in line with Article 24 TEU, the support of the Member States for the EU’s position on Belarus and the compliance of their bilateral relations with the EU’s actions; emphasise that a firm commitment by all EU Member States as well as other democratic countries to act in a united manner may foster the successful promotion of universal democratic values and reforms in Belarus;

| (j) | encourage dialogue with the officials who were not personally involved in repression, in order to enhance EU-Belarus cooperation; contribute to their interaction with Belarusian civil society, with a view, ultimately, to facilitate reforms; |
| --- | --- |

(j)

encourage dialogue with the officials who were not personally involved in repression, in order to enhance EU-Belarus cooperation; contribute to their interaction with Belarusian civil society, with a view, ultimately, to facilitate reforms;

| (k) | encourage wider civil society, including trade unions and business representatives, as well as the political opposition, to increase their involvement in the Dialogue on Modernisation; on the basis of the recommendations drawn up by the National Platform of the Civil Society Forum, organise open public consultations on its concept, purpose, strategy and management structure; further support the Dialogue through necessary financial assistance and expertise, and reinforce the communication campaign on its content and expected outcome; |
| --- | --- |

(k)

encourage wider civil society, including trade unions and business representatives, as well as the political opposition, to increase their involvement in the Dialogue on Modernisation; on the basis of the recommendations drawn up by the National Platform of the Civil Society Forum, organise open public consultations on its concept, purpose, strategy and management structure; further support the Dialogue through necessary financial assistance and expertise, and reinforce the communication campaign on its content and expected outcome;

| (l) | ensure that any participation by the authorities in the Dialogue on Modernisation, alongside and on an equal basis with democratic opposition and civil society, is conducted in full respect of democratic principles, with the view of developing a competitive economy and fostering democratic reforms, as well as a pluralistic society and the rule of law; |
| --- | --- |

(l)

ensure that any participation by the authorities in the Dialogue on Modernisation, alongside and on an equal basis with democratic opposition and civil society, is conducted in full respect of democratic principles, with the view of developing a competitive economy and fostering democratic reforms, as well as a pluralistic society and the rule of law;

| (m) | assert that civil society remains a crucial actor in political dialogue with the EU in encouraging democratic change in Belarus and, therefore, support the idea of creating a civil society conference in Vilnius in anticipation of the third Eastern Partnership summit; |
| --- | --- |

(m)

assert that civil society remains a crucial actor in political dialogue with the EU in encouraging democratic change in Belarus and, therefore, support the idea of creating a civil society conference in Vilnius in anticipation of the third Eastern Partnership summit;

| (n) | make full use of the European Endowment for Democracy (EED) with a view to supporting key actors working on democracy and human rights issues in Belarus, focusing on those who have had difficulty accessing traditional EU support; |
| --- | --- |

(n)

make full use of the European Endowment for Democracy (EED) with a view to supporting key actors working on democracy and human rights issues in Belarus, focusing on those who have had difficulty accessing traditional EU support;

| (o) | urge Russia and Eastern Partnership countries to call upon Belarus to release immediately and unconditionally, and politically rehabilitate all political prisoners and to restrain from any further politically motivated harassment; |
| --- | --- |

(o)

urge Russia and Eastern Partnership countries to call upon Belarus to release immediately and unconditionally, and politically rehabilitate all political prisoners and to restrain from any further politically motivated harassment;

| (p) | ensure that EU and Member State representatives visiting Belarus maintain regular contact with representatives of civil society and of the opposition, in order to guarantee balanced participation by all parties in the processes concerning EU-Belarus relations; |
| --- | --- |

(p)

ensure that EU and Member State representatives visiting Belarus maintain regular contact with representatives of civil society and of the opposition, in order to guarantee balanced participation by all parties in the processes concerning EU-Belarus relations;

| (q) | envisage all available policy options with the view of encouraging Belarus to:






  — | implement fully Electoral Code reforms on the basis of Organisation for Security and Cooperation in Europe/Office for Democratic Institutions and Human Rights (OSCE/ODIHR) recommendations so as to establish a pluralistic political system based on free and fair elections, where policy ideas would emerge from genuine political competition among political parties as a constitutive element of democracy; |
| --- | --- | --- |

(q)

envisage all available policy options with the view of encouraging Belarus to:

—

implement fully Electoral Code reforms on the basis of Organisation for Security and Cooperation in Europe/Office for Democratic Institutions and Human Rights (OSCE/ODIHR) recommendations so as to establish a pluralistic political system based on free and fair elections, where policy ideas would emerge from genuine political competition among political parties as a constitutive element of democracy;

| — | allow the re-opening of the closed OSCE office in Minsk; |
| --- | --- |

—

allow the re-opening of the closed OSCE office in Minsk;

| — | lift any obstacles and restrictions to the exercise of freedoms of association, expression, movement, peaceful assembly and thought for the democratic opposition, civil society organisations and NGOs, including the removal of any obstacles to registration, and the fully-fledged functioning and reception of technical assistance for international development; reform the provisions of its Criminal Code on participation in unregistered organisations; |
| --- | --- |

—

lift any obstacles and restrictions to the exercise of freedoms of association, expression, movement, peaceful assembly and thought for the democratic opposition, civil society organisations and NGOs, including the removal of any obstacles to registration, and the fully-fledged functioning and reception of technical assistance for international development; reform the provisions of its Criminal Code on participation in unregistered organisations;

| — | introduce the necessary institutional changes to ensure independence of the judiciary, in line with the recommendations by the UN Special Rapporteur on the independence of judges and lawyers, as well as an independence of lawyers by amending and effectively applying the Law on the Legal Profession; |
| --- | --- |

—

introduce the necessary institutional changes to ensure independence of the judiciary, in line with the recommendations by the UN Special Rapporteur on the independence of judges and lawyers, as well as an independence of lawyers by amending and effectively applying the Law on the Legal Profession;

| — | not implement the execution of those sentenced to death in 2013, and introduce a moratorium on followed by the abolition of the death penalty; |
| --- | --- |

—

not implement the execution of those sentenced to death in 2013, and introduce a moratorium on followed by the abolition of the death penalty;

| — | implement the decisions on the individual cases of the UN Human Rights Committee and the UN Working Group on Arbitrary Detention and the recommendations made by the UN Committee against Torture in 2011 with the view of stopping inhuman and degrading treatment; |
| --- | --- |

—

implement the decisions on the individual cases of the UN Human Rights Committee and the UN Working Group on Arbitrary Detention and the recommendations made by the UN Committee against Torture in 2011 with the view of stopping inhuman and degrading treatment;

| — | fully cooperate with the UN Special Rapporteur on the situation of human rights in Belarus to address the serious concerns expressed in his report of April 2013 and, as a first step, grant him entry into the country; |
| --- | --- |

—

fully cooperate with the UN Special Rapporteur on the situation of human rights in Belarus to address the serious concerns expressed in his report of April 2013 and, as a first step, grant him entry into the country;

| — | fully modernise the penitentiary system and step up cooperation with the Council of Europe, first of all by signing the European Convention on the Prevention of Torture and Inhuman and Degrading Treatment or Punishment, granting the Committee for the Prevention of Torture regular access to places of detention, in particular those of political prisoners and human rights defenders; allow access for representatives of other relevant international and national organisations, diplomats, civil society groups, as well as members of families of political prisoners to Belarusian prisons; |
| --- | --- |

—

fully modernise the penitentiary system and step up cooperation with the Council of Europe, first of all by signing the European Convention on the Prevention of Torture and Inhuman and Degrading Treatment or Punishment, granting the Committee for the Prevention of Torture regular access to places of detention, in particular those of political prisoners and human rights defenders; allow access for representatives of other relevant international and national organisations, diplomats, civil society groups, as well as members of families of political prisoners to Belarusian prisons;

| — | establish an independent and fully functional national human rights institution that could take the form of an ombudsman; |
| --- | --- |

—

establish an independent and fully functional national human rights institution that could take the form of an ombudsman;

| — | guarantee equal opportunities and equal rights for, and the inclusion and non-discrimination of, all national minorities, ensure the normalisation of the Union of Poles’ situation in Belarus; end the marginalisation of the Roma minority, make progress in respecting religious rights and freedoms, as well as in the non-discrimination of LGBT citizens; |
| --- | --- |

—

guarantee equal opportunities and equal rights for, and the inclusion and non-discrimination of, all national minorities, ensure the normalisation of the Union of Poles’ situation in Belarus; end the marginalisation of the Roma minority, make progress in respecting religious rights and freedoms, as well as in the non-discrimination of LGBT citizens;

| (r) | with regard to the effective freedom of and access to media, take the following actions: urge Belarus to lift accreditation restrictions for journalists and restrictions on the use of satellite television, intensify EU financial and technical assistance to all types of independent media (within and outside the country) in order to ensure their sustainable functioning and potential wider access to them; provide assistance aimed at completing the application of the European aid programmes, developing joint projects and consortia with international press agencies and foreign media; |
| --- | --- |

(r)

with regard to the effective freedom of and access to media, take the following actions: urge Belarus to lift accreditation restrictions for journalists and restrictions on the use of satellite television, intensify EU financial and technical assistance to all types of independent media (within and outside the country) in order to ensure their sustainable functioning and potential wider access to them; provide assistance aimed at completing the application of the European aid programmes, developing joint projects and consortia with international press agencies and foreign media;

On economic and energy cooperation

| (s) | seek a constructive EU-Belarus technical dialogue on macroeconomic developments and financial issues to achieve a credible commitment by Belarus on macroeconomic and structural reforms including the privatisation of state-owned enterprises, price, trade and banking system liberalisation, the development of an appropriate social safety net, and the fight against corruption; |
| --- | --- |

(s)

seek a constructive EU-Belarus technical dialogue on macroeconomic developments and financial issues to achieve a credible commitment by Belarus on macroeconomic and structural reforms including the privatisation of state-owned enterprises, price, trade and banking system liberalisation, the development of an appropriate social safety net, and the fight against corruption;

| (t) | further emphasise that the above reforms, provided that the key political prerequisites are fulfilled, are vital to the economic development of Belarus, would facilitate European investment and international loans, could send a positive signal for removing existing obstacles to WTO negotiations and would, therefore, enable further integration into the world economy; |
| --- | --- |

(t)

further emphasise that the above reforms, provided that the key political prerequisites are fulfilled, are vital to the economic development of Belarus, would facilitate European investment and international loans, could send a positive signal for removing existing obstacles to WTO negotiations and would, therefore, enable further integration into the world economy;

| (u) | offer technical assistance to create a favourable business environment with the view of establishing a level playing field, security of investment and equal opportunities for all companies, and especially SMEs; |
| --- | --- |

(u)

offer technical assistance to create a favourable business environment with the view of establishing a level playing field, security of investment and equal opportunities for all companies, and especially SMEs;

| (v) | engage further with Belarus on employment issues, including human capital and skills development matching labour market demand; |
| --- | --- |

(v)

engage further with Belarus on employment issues, including human capital and skills development matching labour market demand;

| (w) | encourage Belarus to implement International Labour Organisation (ILO) recommendations, in particular concerning the freedom of association, registration and activities of independent trade unions; urge Belarus to amend its legislation with the view of guaranteeing that workers can freely and without any restrictions quit their jobs both in the public and private sector; |
| --- | --- |

(w)

encourage Belarus to implement International Labour Organisation (ILO) recommendations, in particular concerning the freedom of association, registration and activities of independent trade unions; urge Belarus to amend its legislation with the view of guaranteeing that workers can freely and without any restrictions quit their jobs both in the public and private sector;

| (x) | call on Belarus to enforce the highest international safety standards and a truly independent environmental impact assessment for the construction and operation of all power plants, optimising expertise and financing from all available international instruments in full compliance with existing international legislation such as the Espoo Convention and the Aarhus Convention and following the commitment of 23 June 2011 to undertake comprehensive risk and safety assessments (stress tests), taking into account the specifications agreed by the European Commission and the European Nuclear Safety Regulators Group; |
| --- | --- |

(x)

call on Belarus to enforce the highest international safety standards and a truly independent environmental impact assessment for the construction and operation of all power plants, optimising expertise and financing from all available international instruments in full compliance with existing international legislation such as the Espoo Convention and the Aarhus Convention and following the commitment of 23 June 2011 to undertake comprehensive risk and safety assessments (stress tests), taking into account the specifications agreed by the European Commission and the European Nuclear Safety Regulators Group;

| (y) | assist in developing the diversification of energy resources and supply routes in Belarus and share EU best practices in carrying out international and regional ‘green economy’ projects, with support for energy efficiency and renewable energy sources; |
| --- | --- |

(y)

assist in developing the diversification of energy resources and supply routes in Belarus and share EU best practices in carrying out international and regional ‘green economy’ projects, with support for energy efficiency and renewable energy sources;

| (z) | promote further regional cooperation with Belarus including through Eastern Partnership sectoral initiatives, in particular in terms of trade, energy, environment and transportation; encourage the best practice of bilateral economic forums whilst also aiming for more capacity-building of non-state actors, as well as the promotion of good governance and public administration reform; |
| --- | --- |

(z)

promote further regional cooperation with Belarus including through Eastern Partnership sectoral initiatives, in particular in terms of trade, energy, environment and transportation; encourage the best practice of bilateral economic forums whilst also aiming for more capacity-building of non-state actors, as well as the promotion of good governance and public administration reform;

| (aa) | continue to provide technical and health assistance to the population affected by the Chernobyl nuclear disaster; |
| --- | --- |

(aa)

continue to provide technical and health assistance to the population affected by the Chernobyl nuclear disaster;

| (ab) | encourage Belarus to explore and develop unconventional energy sources; |
| --- | --- |

(ab)

encourage Belarus to explore and develop unconventional energy sources;

On border management

| (ac) | strengthen EU-Belarus cooperation on border management and the fight against cross-border crime and in particular assist Belarus in developing its transit system, modernising customs and border control procedures and fully implementing the EU Integrated Border Management concept; |
| --- | --- |

(ac)

strengthen EU-Belarus cooperation on border management and the fight against cross-border crime and in particular assist Belarus in developing its transit system, modernising customs and border control procedures and fully implementing the EU Integrated Border Management concept;

| (ad) | ensure unrestricted entry and travel across Belarus for EU diplomats and politicians; |
| --- | --- |

(ad)

ensure unrestricted entry and travel across Belarus for EU diplomats and politicians;

| (ae) | provide, in mutual interest, further training for the Belarus border management agency in line with the Schengen acquis; |
| --- | --- |

(ae)

provide, in mutual interest, further training for the Belarus border management agency in line with the Schengen acquis;

| (af) | consider providing appropriate technical assistance to be used for introducing up-to-date border control systems and modern infrastructure on the EU side; |
| --- | --- |

(af)

consider providing appropriate technical assistance to be used for introducing up-to-date border control systems and modern infrastructure on the EU side;

| (ag) | provide the relevant Belarusian services with adequate training on EU best practices in the introduction of biometric passports; |
| --- | --- |

(ag)

provide the relevant Belarusian services with adequate training on EU best practices in the introduction of biometric passports;

| (ah) | launch an EU-Belarus Mobility Partnership and encourage Belarus to take an active role in the Eastern Partnership Panel on Migration and Asylum; |
| --- | --- |

(ah)

launch an EU-Belarus Mobility Partnership and encourage Belarus to take an active role in the Eastern Partnership Panel on Migration and Asylum;

| (ai) | encourage collaboration between Belarus and the United nations Development Programme (UNDP) and the United nations Children’s Education Fund (Unicef) in order to support programmes meant to combat human trafficking; |
| --- | --- |

(ai)

encourage collaboration between Belarus and the United nations Development Programme (UNDP) and the United nations Children’s Education Fund (Unicef) in order to support programmes meant to combat human trafficking;

On civil society and people-to-people contacts

| (aj) | increase the share of projects with greater benefit to and visibility for the population at large, which would foster citizens’ understanding of EU values, standards and policies and stress the advantages of its model and expertise; to promote, in this respect, the opportunity offered by the Civil Society Forum, in particular in view of its upcoming meeting in Chisinau in October this year; |
| --- | --- |

(aj)

increase the share of projects with greater benefit to and visibility for the population at large, which would foster citizens’ understanding of EU values, standards and policies and stress the advantages of its model and expertise; to promote, in this respect, the opportunity offered by the Civil Society Forum, in particular in view of its upcoming meeting in Chisinau in October this year;

| (ak) | systematically and uncompromisingly oppose any disinformation and misleading information by the Belarusian authorities on EU policies and projects by releasing and spreading all necessary information (data, figures, legislation); |
| --- | --- |

(ak)

systematically and uncompromisingly oppose any disinformation and misleading information by the Belarusian authorities on EU policies and projects by releasing and spreading all necessary information (data, figures, legislation);

| (al) | intensify technical and financial support, also through the new European Endowment for Democracy, to civil society organisations, independent NGOs, human rights defenders and trade unions based in Belarus, or those in the Member States that have a key impact in Belarus; more actively engage civil society in the implementation, monitoring and assessment of EU funded projects; also significantly upgrade the communication and dissemination of EU information in order to develop citizens’ understanding of the EU’s approach to fundamental rights and freedoms and the need for social and economic progress; |
| --- | --- |

(al)

intensify technical and financial support, also through the new European Endowment for Democracy, to civil society organisations, independent NGOs, human rights defenders and trade unions based in Belarus, or those in the Member States that have a key impact in Belarus; more actively engage civil society in the implementation, monitoring and assessment of EU funded projects; also significantly upgrade the communication and dissemination of EU information in order to develop citizens’ understanding of the EU’s approach to fundamental rights and freedoms and the need for social and economic progress;

| (am) | support organisations working to promote democracy and human rights, not only those based in Belarus, but also those based abroad, given that the Belarusian authorities consistently deny such organisations the possibility of registration; revise as a matter of urgency the latest new rules on applying for EU funding under the EIDHR/NSLA instrument, which in practice exclude well-known and respected Belarusian NGOs from the application process; |
| --- | --- |

(am)

support organisations working to promote democracy and human rights, not only those based in Belarus, but also those based abroad, given that the Belarusian authorities consistently deny such organisations the possibility of registration; revise as a matter of urgency the latest new rules on applying for EU funding under the EIDHR/NSLA instrument, which in practice exclude well-known and respected Belarusian NGOs from the application process;

| (an) | request that the Belarusian authorities implement Decision A/HRC/WGAD/2012/39 of the United Nations Working Group on Arbitrary Detention on the case of human rights defender Ales Bialiatski, which found in particular that the detention of Mr Bialiatski, President of the Viasna Human Rights Centre and International Federation for Human Rights (FIDH) Vice-President, was arbitrary, ‘being in contravention of Article 20, paragraph 1, of the Universal Declaration on Human Rights (UDHR) and Article 22 of the International Covenant on Civil and Political Rights’ (ICCPR); |
| --- | --- |

(an)

request that the Belarusian authorities implement Decision A/HRC/WGAD/2012/39 of the United Nations Working Group on Arbitrary Detention on the case of human rights defender Ales Bialiatski, which found in particular that the detention of Mr Bialiatski, President of the Viasna Human Rights Centre and International Federation for Human Rights (FIDH) Vice-President, was arbitrary, ‘being in contravention of Article 20, paragraph 1, of the Universal Declaration on Human Rights (UDHR) and Article 22 of the International Covenant on Civil and Political Rights’ (ICCPR);

| (ao) | urge Belarus to extend a standing invitation to all UN Special Procedures and invite the UN Special Rapporteur on the situation of human rights defenders to visit the country; |
| --- | --- |

(ao)

urge Belarus to extend a standing invitation to all UN Special Procedures and invite the UN Special Rapporteur on the situation of human rights defenders to visit the country;

| (ap) | oblige the Belarusian authorities to remove criminal liability for the receipt of foreign grants and to allow organisations to keep funds in foreign bank accounts; |
| --- | --- |

(ap)

oblige the Belarusian authorities to remove criminal liability for the receipt of foreign grants and to allow organisations to keep funds in foreign bank accounts;

| (aq) | consider unilaterally facilitating the issuing of visas and reducing their cost from EUR 60 to an affordable level for Belarusian citizens, and making full use of the existing flexibilities offered by the Visa Code, including the waiver or reduction of fees for short-stay visas, in particular for young people, to facilitate and intensify people-to-people interaction and help prevent further isolation of Belarusian citizens; also consider unilaterally reducing or waiving the visa fees for long-stay visas with the long time goal of a visa free regime; |
| --- | --- |

(aq)

consider unilaterally facilitating the issuing of visas and reducing their cost from EUR 60 to an affordable level for Belarusian citizens, and making full use of the existing flexibilities offered by the Visa Code, including the waiver or reduction of fees for short-stay visas, in particular for young people, to facilitate and intensify people-to-people interaction and help prevent further isolation of Belarusian citizens; also consider unilaterally reducing or waiving the visa fees for long-stay visas with the long time goal of a visa free regime;

| (ar) | call on the Belarusian authorities to start negotiations with the EU on visa facilitation and readmission agreements with the long-term view of a visa-free regime to promote person-to-person contact and take urgent measures on implementing local border traffic agreements with Poland and Lithuania; |
| --- | --- |

(ar)

call on the Belarusian authorities to start negotiations with the EU on visa facilitation and readmission agreements with the long-term view of a visa-free regime to promote person-to-person contact and take urgent measures on implementing local border traffic agreements with Poland and Lithuania;

| (as) | encourage the cooperation between cities and municipalities in the EU and Belarus using the good practice examples of some EU countries, especially Poland, Lithuania and Latvia; |
| --- | --- |

(as)

encourage the cooperation between cities and municipalities in the EU and Belarus using the good practice examples of some EU countries, especially Poland, Lithuania and Latvia;

| (at) | seek to provide more education and research opportunities in the EU for Belarusians in the fields of higher, informal and adult education; initiate and support an internship programme for young Belarusian professionals in EU institutions and other international organisations; further support the European Humanities University, develop and support education and vocational programmes within Belarus; secure adequate and lasting funding for the Erasmus Mundus programme for Belarusian students; |
| --- | --- |

(at)

seek to provide more education and research opportunities in the EU for Belarusians in the fields of higher, informal and adult education; initiate and support an internship programme for young Belarusian professionals in EU institutions and other international organisations; further support the European Humanities University, develop and support education and vocational programmes within Belarus; secure adequate and lasting funding for the Erasmus Mundus programme for Belarusian students;

| (au) | actively seek opportunities to engage with Belarus in a dialogue on implementing profound reforms of its higher education system in order to develop, in particular, academic freedom, institutional autonomy and student participation with the aim of eventually joining the European Higher Education Area (the Bologna Process). |
| --- | --- |

(au)

actively seek opportunities to engage with Belarus in a dialogue on implementing profound reforms of its higher education system in order to develop, in particular, academic freedom, institutional autonomy and student participation with the aim of eventually joining the European Higher Education Area (the Bologna Process).

| (av) | calls on the International Ice Hockey Federation to seriously reconsider its decision to allow Belarus to host the 2014 Ice Hockey World Championship; |
| --- | --- |

(av)

calls on the International Ice Hockey Federation to seriously reconsider its decision to allow Belarus to host the 2014 Ice Hockey World Championship;

| 2. | Instructs its President to forward this recommendation to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (HR/VP), the EEAS, the Council, the Commission and the Member States. |
| --- | --- |

2.

Instructs its President to forward this recommendation to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy (HR/VP), the EEAS, the Council, the Commission and the Member States.

---

(1)  Texts adopted, P7_TA(2012)0410.

(2)  Texts adopted, P7_TA(2012)0112.

(3)  OJ C 377 E, 7.12.2012, p. 162.

(4)  OJ C 136 E, 11.5.2012, p. 57.

(5)  Texts adopted, P7_TA(2012)0334.

(6)  OJ C 168 E, 14.6.2013, p. 26.

(7)  OJ C 296 E, 2.10.2012, p. 105.

(8)  OJ L 307, 7.11.2012, p. 1.

(9)  Data from Independent Institute of Socio-economic Studies, April 2013.

(10)  The list of political prisoners also includes Mikalai Statkevich, Pavel Seviarynets, Eduard Lobau, Mikalay Antukhovich, Mikalay Dziadok and Ihar Alienevich.

---

III Preparatory acts

EUROPEAN PARLIAMENT

Tuesday 10 September 2013

| 9.3.2016 | EN | Official Journal of the European Union | C 93/196 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/196

---

P7_TA(2013)0336

Amendment of Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms ***I

European Parliament legislative resolution of 10 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (COM(2012)0432 — C7-0211/2012 — 2012/0208(COD))

(Ordinary legislative procedure: first reading)

(2016/C 093/31)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0432), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0432),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0211/2012), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0211/2012),

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

—

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

| — | having regard to the opinion of the European Economic and Social Committee of 14 November 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 14 November 2012 (1),

| — | having regard to its resolution of 22 November 2012 on the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (2), |
| --- | --- |

—

having regard to its resolution of 22 November 2012 on the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (2),

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A7-0256/2013), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A7-0256/2013),

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

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

3.

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

---

(1)  OJ C 11, 15.1.2013, p. 86.

(2)  Texts adopted, P7_TA(2012)0448.

---

P7_TC1-COD(2012)0208

Position of the European Parliament adopted at first reading on 10 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 850/98 concerning the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

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

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

Acting in accordance with the ordinary legislative procedure (1),

Whereas:

| (1) | Council Regulation (EC) No 850/98 (2) confers powers upon the Commission in order to implement some of the provisions of that Regulation. |
| --- | --- |

(1)

Council Regulation (EC) No 850/98 (2) confers powers upon the Commission in order to implement some of the provisions of that Regulation.

| (2) | As a consequence of the entry into force of the Lisbon Treaty, certain powers conferred under Regulation (EC) No 850/98 need to be aligned with Articles 290 and 291 of the Treaty on the Functioning of the European Union. |
| --- | --- |

(2)

As a consequence of the entry into force of the Lisbon Treaty, certain powers conferred under Regulation (EC) No 850/98 need to be aligned with Articles 290 and 291 of the Treaty on the Functioning of the European Union.

| (3) | In order to apply certain provisions of Regulation (EC) No 850/98

  enable certain provisions of this Regulation to be updated efficiently to reflect technical and scientific progress
  , the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the following:






  — | the division of regions into geographical areas; |
| --- | --- | --- |

(3)

In order to apply certain provisions of Regulation (EC) No 850/98

  enable certain provisions of this Regulation to be updated efficiently to reflect technical and scientific progress
  , the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the following:

—

the division of regions into geographical areas;

| — | to amend

  the amendment of
  rules concerning the conditions for the use of certain mesh size combinations; |
| --- | --- |

—

to amend

  the amendment of
  rules concerning the conditions for the use of certain mesh size combinations;

| — | to adopt

  the adoption of
  detailed rules for obtaining the percentage of target species taken by more than one fishing vessel, in order to ensure that such percentages are respected by all the vessels involved in the fishing operation; |
| --- | --- |

—

to adopt

  the adoption of
  detailed rules for obtaining the percentage of target species taken by more than one fishing vessel, in order to ensure that such percentages are respected by all the vessels involved in the fishing operation;

| — | to adopt

  the adoption of
  rules concerning the technical descriptions and method of use of authorised devices that might be attached to the fishing net, and which do not obstruct or diminish the effective mesh opening of the net; |
| --- | --- |

—

to adopt

  the adoption of
  rules concerning the technical descriptions and method of use of authorised devices that might be attached to the fishing net, and which do not obstruct or diminish the effective mesh opening of the net;

| — | conditions under which vessels exceeding eight meters length overall shall be permitted to use beam trawls within certain waters of the Union; |
| --- | --- |

—

conditions under which vessels exceeding eight meters length overall shall be permitted to use beam trawls within certain waters of the Union;

| — | measures designed to address unexpectedly small or large recruitments of juveniles, changes in migration patterns or any other changes in the conservation status of fish stocks, with immediate effect.; |
| --- | --- |

—

measures designed to address unexpectedly small or large recruitments of juveniles, changes in migration patterns or any other changes in the conservation status of fish stocks, with immediate effect.;

| — | acts excluding specific fisheries of a Member State, in ICES sub-areas VIII, IX and X, from the application of certain provisions for gillnets, entangling nets and trammel nets, with a very low level of shark by-catches and of discards
  . [Am. 1] |
| --- | --- |

—

acts excluding specific fisheries of a Member State, in ICES sub-areas VIII, IX and X, from the application of certain provisions for gillnets, entangling nets and trammel nets, with a very low level of shark by-catches and of discards
  . [Am. 1]

| (4) | It is of particular importance that the Commission carry out appropriate consultations during its preparatory work for the adoption of delegated acts, including

  especially
  at expert level
  , in order to obtain objective, rigorous, complete and up-to-date information
  . [Am. 2] |
| --- | --- |

(4)

It is of particular importance that the Commission carry out appropriate consultations during its preparatory work for the adoption of delegated acts, including

  especially
  at expert level
  , in order to obtain objective, rigorous, complete and up-to-date information
  . [Am. 2]

| (5) | The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. |
| --- | --- |

(5)

The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

| (6) | In order to ensure uniform conditions for the implementation of the provisions of Regulation (EC) No 850/98 implementing powers should be conferred upon the Commission concerning the following:






  — | technical rules for measuring mesh sizes; |
| --- | --- | --- |

(6)

In order to ensure uniform conditions for the implementation of the provisions of Regulation (EC) No 850/98 implementing powers should be conferred upon the Commission concerning the following:

—

technical rules for measuring mesh sizes;

| — | square-meshed netting and twine thickness; |
| --- | --- |

—

square-meshed netting and twine thickness;

| — | technical rules related to the construction of netting materials; |
| --- | --- |

—

technical rules related to the construction of netting materials;

| — | listing of devices that may obstruct or otherwise diminish the effective mesh opening in a fishing net; |
| --- | --- |

—

listing of devices that may obstruct or otherwise diminish the effective mesh opening in a fishing net;

| — | transmission of lists of vessels to which a special fishing permit to use beam trawls has been issued; |
| --- | --- |

—

transmission of lists of vessels to which a special fishing permit to use beam trawls has been issued;

| — | technical rules related to measuring engine power and gear dimensions; |
| --- | --- |

—

technical rules related to measuring engine power and gear dimensions;

| — | the obligation of Member States to ensure that levels of fishing effort are not exceeded in certain areas of ICES Division IXa, and |
| --- | --- |

—

the obligation of Member States to ensure that levels of fishing effort are not exceeded in certain areas of ICES Division IXa, and

| — | temporary measures where the conservation of stocks of marine organisms calls for immediate action. |
| --- | --- |

—

temporary measures where the conservation of stocks of marine organisms calls for immediate action.

| (7) | The implementing powers conferred upon the Commission, except those concerning the obligation of Member States to ensure that levels of fishing effort are not exceeded in certain areas of ICES Division IXa, should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (3). |
| --- | --- |

(7)

The implementing powers conferred upon the Commission, except those concerning the obligation of Member States to ensure that levels of fishing effort are not exceeded in certain areas of ICES Division IXa, should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (3).

| (8) | Regulation (EC) No 850/98 should therefore be amended accordingly, |
| --- | --- |

(8)

Regulation (EC) No 850/98 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 850/98 is amended as follows:

| (1) | In Article 2, paragraph 3 is replaced by the following:
  ‘3.   The regions referred to in paragraph 1 may be divided into geographical areas, in particular on the basis of the definitions referred to in paragraph 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning the division of regions into geographical areas for the purpose of identifying geographical areas where specific technical conservation measures apply.’ [Am. 3] |
| --- | --- |

(1)

In Article 2, paragraph 3 is replaced by the following:

‘3.   The regions referred to in paragraph 1 may be divided into geographical areas, in particular on the basis of the definitions referred to in paragraph 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning the division of regions into geographical areas for the purpose of identifying geographical areas where specific technical conservation measures apply.’ [Am. 3]

| (2) | Article 4 is amended as follows:






  (a) | In paragraph 4, the following point is added:






  ‘(c) | The Commission shall be empowered to adopt delegated acts in accordance with Article 48a to amend Annex X and Annex XI, in order to increase the protection of juvenile fish in the context of the conservation of fish stocks.’ |
| --- | --- | --- | --- |

(2)

Article 4 is amended as follows:

(a)

In paragraph 4, the following point is added:

‘(c)

The Commission shall be empowered to adopt delegated acts in accordance with Article 48a to amend Annex X and Annex XI, in order to increase the protection of juvenile fish in the context of the conservation of fish stocks.’

| (b) | In paragraph 5, point (b) is replaced by the following:






  ‘(b) | The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning the method of calculation of the percentages of target species and of other species retained on board when these have been taken by a net or nets towed simultaneously by more than one fishing vessel, and the method of verification for ensuring that any fishing vessels involved in the joint fishing operation that retain fish on board comply with the percentages of species as set out in Annexes I to V.’ |
| --- | --- | --- |

(b)

In paragraph 5, point (b) is replaced by the following:

‘(b)

The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning the method of calculation of the percentages of target species and of other species retained on board when these have been taken by a net or nets towed simultaneously by more than one fishing vessel, and the method of verification for ensuring that any fishing vessels involved in the joint fishing operation that retain fish on board comply with the percentages of species as set out in Annexes I to V.’

| (c) | Paragraph 6 is replaced by the following:
  ‘6.   Technical rules for measuring mesh sizes, including for control purposes, shall be determined by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’ |
| --- | --- |

(c)

Paragraph 6 is replaced by the following:

‘6.   Technical rules for measuring mesh sizes, including for control purposes, shall be determined by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’

| (3) | In Article 7, the following paragraph is added:
  ‘8.   Technical rules for measuring square-meshed netting, including for control purposes, shall be determined by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’ |
| --- | --- |

(3)

In Article 7, the following paragraph is added:

‘8.   Technical rules for measuring square-meshed netting, including for control purposes, shall be determined by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’

| (4) | In Article 8, the following paragraph is added:
  ‘4.   Technical rules concerning the measuring of twine thickness and the construction of netting material, including for control purposes, shall be determined by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’ |
| --- | --- |

(4)

In Article 8, the following paragraph is added:

‘4.   Technical rules concerning the measuring of twine thickness and the construction of netting material, including for control purposes, shall be determined by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’

| (5) | Article 16 is replaced by the following:
  ‘Article 16
  1.   No device shall be used by means of which the mesh in any part of the fishing net is obstructed or otherwise effectively diminished.
  2.   Paragraph 1 shall not exclude the use of certain devices which may obstruct or otherwise effectively diminish the mesh in any part of the fishing net but which may serve to protect or strengthen the net. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning the technical descriptions and the method of use and attachment of such devices.
  3   An exhaustive list of devices that comply with the technical descriptions established according to paragraph 2, and which may be attached to the fishing net, shall be determined by implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’ |
| --- | --- |

(5)

Article 16 is replaced by the following:

‘Article 16

1.   No device shall be used by means of which the mesh in any part of the fishing net is obstructed or otherwise effectively diminished.

2.   Paragraph 1 shall not exclude the use of certain devices which may obstruct or otherwise effectively diminish the mesh in any part of the fishing net but which may serve to protect or strengthen the net. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning the technical descriptions and the method of use and attachment of such devices.

3   An exhaustive list of devices that comply with the technical descriptions established according to paragraph 2, and which may be attached to the fishing net, shall be determined by implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’

| (6) | Article 29 is amended as follows:






  (a) | Paragraph 6 is replaced by the following:
  ‘6.   The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning detailed conditions for the application of the criteria set out in paragraph 2 under which vessels exceeding eight meters length overall shall be permitted to use beam trawls in the areas set out in paragraph 1.’ |
| --- | --- | --- |

(6)

Article 29 is amended as follows:

(a)

Paragraph 6 is replaced by the following:

‘6.   The Commission shall be empowered to adopt delegated acts in accordance with Article 48a concerning detailed conditions for the application of the criteria set out in paragraph 2 under which vessels exceeding eight meters length overall shall be permitted to use beam trawls in the areas set out in paragraph 1.’

| (b) | the following paragraph is added:
  ‘7.   The Commission shall establish the operational requirements for transmission of the lists to be provided to the Commission by Member States as referred to in paragraph 2(c), first indent, by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’ |
| --- | --- |

(b)

the following paragraph is added:

‘7.   The Commission shall establish the operational requirements for transmission of the lists to be provided to the Commission by Member States as referred to in paragraph 2(c), first indent, by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’

| (7) | In Article 29b, paragraph 6 is replaced by the following:
  ‘6.   Member States shall communicate to the Commission their measures to fulfil the obligation laid down in paragraph 5. If the Commission finds that the measures of a Member State do not fulfil that obligation, it may propose amendments to those measures. Where no agreement on the necessary measures is reached between the Commission and the Member State concerned, the Commission may establish such measures by means of implementing acts.’ |
| --- | --- |

(7)

In Article 29b, paragraph 6 is replaced by the following:

‘6.   Member States shall communicate to the Commission their measures to fulfil the obligation laid down in paragraph 5. If the Commission finds that the measures of a Member State do not fulfil that obligation, it may propose amendments to those measures. Where no agreement on the necessary measures is reached between the Commission and the Member State concerned, the Commission may establish such measures by means of implementing acts.’

| (8) | In Article 34, paragraph 6 is replaced by the following:
  ‘6.   Technical rules for measuring engine power and gear dimensions shall be determined by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’ |
| --- | --- |

(8)

In Article 34, paragraph 6 is replaced by the following:

‘6.   Technical rules for measuring engine power and gear dimensions shall be determined by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2).’

| (8a) | In Article 34b, paragraph 11 is replaced by the following:




  ‘11.
     
  After consulting STECF, the Commission shall be empowered to adopt delegated acts excluding specific fisheries of a Member State, in ICES sub-areas VIII, IX and X, from the application of paragraphs 1 to 9, where information provided by Member States shows that those fisheries result in a very low level of shark by-catches and of discards.’ [Am. 4] |
| --- | --- |

(8a)

In Article 34b, paragraph 11 is replaced by the following:

‘11.
     
  After consulting STECF, the Commission shall be empowered to adopt delegated acts excluding specific fisheries of a Member State, in ICES sub-areas VIII, IX and X, from the application of paragraphs 1 to 9, where information provided by Member States shows that those fisheries result in a very low level of shark by-catches and of discards.’ [Am. 4]

| (9) | Article 45 is replaced by the following:
  ‘Article 45
  1.   The Commission shall be empowered to establish, by means of delegated acts adopted in accordance with Article 48a, technical conservation measures on the use of towed or fixed gear or on fishing activities in certain areas or during certain periods in addition to or by way of derogation to this Regulation. Those measures shall be designed to address unexpectedly small or large recruitments of juveniles, changes in migration patterns or any other changes in the conservation status of fish stocks
  of marine organisms
  , with immediate effect. [Am. 5]

  2.   Where the conservation of stocks of marine organisms calls for immediate action, the Commission may decide on temporary measures by means of implementing acts to remedy the situation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).
  3.   Where the conservation of certain species or fishing grounds is seriously threatened, and where any delay would result in damage which would be difficult to repair, a Member State may take appropriate non-discriminatory conservation measures in respect of the waters under its jurisdiction.
  4.   The measures referred to in paragraph 3, together with an explanatory memorandum, shall be communicated to the Commission and the other Member States as soon as they are adopted.
  Within ten working days of receipt of such communication, the Commission shall confirm the appropriateness and non-discriminatory nature of such measures, or require their cancellation or amendment by means of implementing acts. The Commission's decision shall be immediately notified to the Member States.’ |
| --- | --- |

(9)

Article 45 is replaced by the following:

‘Article 45

1.   The Commission shall be empowered to establish, by means of delegated acts adopted in accordance with Article 48a, technical conservation measures on the use of towed or fixed gear or on fishing activities in certain areas or during certain periods in addition to or by way of derogation to this Regulation. Those measures shall be designed to address unexpectedly small or large recruitments of juveniles, changes in migration patterns or any other changes in the conservation status of fish stocks
  of marine organisms
  , with immediate effect. [Am. 5]

2.   Where the conservation of stocks of marine organisms calls for immediate action, the Commission may decide on temporary measures by means of implementing acts to remedy the situation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(3).

3.   Where the conservation of certain species or fishing grounds is seriously threatened, and where any delay would result in damage which would be difficult to repair, a Member State may take appropriate non-discriminatory conservation measures in respect of the waters under its jurisdiction.

4.   The measures referred to in paragraph 3, together with an explanatory memorandum, shall be communicated to the Commission and the other Member States as soon as they are adopted.

Within ten working days of receipt of such communication, the Commission shall confirm the appropriateness and non-discriminatory nature of such measures, or require their cancellation or amendment by means of implementing acts. The Commission's decision shall be immediately notified to the Member States.’

| (10) | In Article 46, paragraph 4 is replaced by the following:
  ‘4.   At the initiative of the Commission, or at the request of any Member State, the question of whether a national technical measure applied by a Member State complies with paragraph 1 of this Article may be the subject of a decision taken by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2). Should such a decision be taken, the third and fourth subparagraphs of paragraph 2 shall apply.’ |
| --- | --- |

(10)

In Article 46, paragraph 4 is replaced by the following:

‘4.   At the initiative of the Commission, or at the request of any Member State, the question of whether a national technical measure applied by a Member State complies with paragraph 1 of this Article may be the subject of a decision taken by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 48(2). Should such a decision be taken, the third and fourth subparagraphs of paragraph 2 shall apply.’

| (11) | Article 48 is replaced by the following:
  ‘Article 48
  1.   The Commission shall be assisted by the Committee for fisheries and aquaculture established by Regulation (EC) No 2371/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*).
  2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
  3.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

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

(11)

Article 48 is replaced by the following:

‘Article 48

1.   The Commission shall be assisted by the Committee for fisheries and aquaculture established by Regulation (EC) No 2371/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*).

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

3.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

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

| (12) | The following Article is inserted:
  ‘Article 48a
  1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
  2.   The delegation of power

  power to adopt delegated acts
  referred to in
  Article
  2(3),
  point (c) of Article
  4(4)c,
  point (b) of Article
  4(5)b,
  Article
  16(2),
  Article
  29(6)
  , Article 29d(7), Article 34b(11)
  and
  Article
  45(1) shall be conferred
  on the Commission
  for an indeterminate

  a
  period of time

  three years from ...

   (**).
  The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period
  . [Am. 6]

  3.   The delegation of powers referred to in Articles

  Article
  2(3),
  point (c) of Article
  4(4)c,
  point (b) of Article
  4(5)b,
  Article
  16(2),
  Article
  29(6)
  , Article 29d(7), Article 34b(11)
  and
  Article
  45(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation

  to revoke
  shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 7]

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

  Article
  2(3),
  point (c) of Article
  4(4)c,
  point (b) of Article
  4(5)b,
  Article
  16(2),
  Article
  29(6),
  Article 29d(7),

  and

  Article 34b(11) or Article
  45(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2

  two
  months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2

  two
  months at the initiative of the European Parliament or
  of
  the Council.’

  (**)  
  Date of the entry into force of this Regulation.
  " |
| --- | --- |

(12)

The following Article is inserted:

‘Article 48a

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

2.   The delegation of power

  power to adopt delegated acts
  referred to in
  Article
  2(3),
  point (c) of Article
  4(4)c,
  point (b) of Article
  4(5)b,
  Article
  16(2),
  Article
  29(6)
  , Article 29d(7), Article 34b(11)
  and
  Article
  45(1) shall be conferred
  on the Commission
  for an indeterminate

  a
  period of time

  three years from ...

   (**).
  The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period
  . [Am. 6]

3.   The delegation of powers referred to in Articles

  Article
  2(3),
  point (c) of Article
  4(4)c,
  point (b) of Article
  4(5)b,
  Article
  16(2),
  Article
  29(6)
  , Article 29d(7), Article 34b(11)
  and
  Article
  45(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation

  to revoke
  shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 7]

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

5.   A delegated act adopted pursuant to Articles

  Article
  2(3),
  point (c) of Article
  4(4)c,
  point (b) of Article
  4(5)b,
  Article
  16(2),
  Article
  29(6),
  Article 29d(7),

  and

  Article 34b(11) or Article
  45(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2

  two
  months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2

  two
  months at the initiative of the European Parliament or
  of
  the Council.’

(**)  
  Date of the entry into force of this Regulation.
  "

[Am. 8]

Article 2

This Regulation shall enter into force on the 20th 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)  Position of the European Parliament of 10 September 2013.

1

(2)  Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1).

2

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

3

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/202 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/202

---

P7_TA(2013)0337

Property consequences of registered partnerships *

European Parliament legislative resolution of 10 September 2013 on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships (COM(2011)0127 — C7-0094/2011 — 2011/0060(CNS))

(Special legislative procedure — consultation)

(2016/C 093/32)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2011)0127), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2011)0127),

| — | having regard to Article 81(3) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0094/2011), |
| --- | --- |

—

having regard to Article 81(3) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0094/2011),

| — | having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Italian Senate, the Polish Sejm, the Polish Senate and the Romanian Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Italian Senate, the Polish Sejm, the Polish Senate and the Romanian Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Union Agency for Fundamental Rights of 31 May 2012, |
| --- | --- |

—

having regard to the opinion of the European Union Agency for Fundamental Rights of 31 May 2012,

| — | having regard to Article 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Article 55 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 (A7-0254/2013), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0254/2013),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

| 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 substantially amend the Commission proposal; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

| 5. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

5.

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

Amendment 1

Proposal for a regulation

Recital 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | The specific features of these two forms of union, namely marriage and registered partnerships, and the resultant differences in the principles applicable to them, are the grounds for enacting two separate instruments containing the provisions governing matrimonial property regimes and those governing the property consequences of registered partnerships, which are the subject of this Regulation. |

Text proposed by the Commission

Amendment

(8)

The specific features of these two forms of union, namely marriage and registered partnerships, and the resultant differences in the principles applicable to them, are the grounds for enacting two separate instruments containing the provisions governing matrimonial property regimes and those governing the property consequences of registered partnerships, which are the subject of this Regulation.

deleted

Amendment 2

Proposal for a regulation

Recital 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (8a) | Recognition in a Member State of a decision relating to the property consequences of a registered partnership has as its only object to allow the enforcement of the property consequences determined in that decision. It does not imply recognition by that Member State of the partnership underlying the property consequences which gave rise to that decision. Member States where the institution of a registered partnership does not exist are not obliged by this Regulation to create such an institution. |

Text proposed by the Commission

Amendment

(8a)

Recognition in a Member State of a decision relating to the property consequences of a registered partnership has as its only object to allow the enforcement of the property consequences determined in that decision. It does not imply recognition by that Member State of the partnership underlying the property consequences which gave rise to that decision. Member States where the institution of a registered partnership does not exist are not obliged by this Regulation to create such an institution.

Amendment 3

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | The Regulation covers matters arising from the property consequences of registered partnerships. ‘Registered partnership’ is defined here solely for the purposes of this Regulation. The actual substance of the concept is defined in the national laws of the Member States. |

Text proposed by the Commission

Amendment

(10)

The Regulation covers matters arising from the property consequences of registered partnerships. ‘Registered partnership’ is defined here solely for the purposes of this Regulation. The actual substance of the concept is defined in the national laws of the Member States.

| (10) | This Regulation covers matters arising from the property consequences of registered partnerships. ‘Registered partnership’ is defined here solely for the purposes of this Regulation.
  For the purposes of this Regulation, a registered partnership is a form of union other than marriage.
  The actual substance of the concept of
  a registered partnership
  is defined in the national laws of the Member States. |
| --- | --- |

(10)

This Regulation covers matters arising from the property consequences of registered partnerships. ‘Registered partnership’ is defined here solely for the purposes of this Regulation.
  For the purposes of this Regulation, a registered partnership is a form of union other than marriage.
  The actual substance of the concept of
  a registered partnership
  is defined in the national laws of the Member States.

Amendment 4

Proposal for a regulation

Recital 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (11a) | This Regulation should not, however, apply to areas of civil law concerning matters other than the property regime of a registered partnership. For reasons of clarity, therefore, a number of questions which could be seen as having a link with matters of that regime should be explicitly excluded from the scope of this Regulation. |

Text proposed by the Commission

Amendment

(11a)

This Regulation should not, however, apply to areas of civil law concerning matters other than the property regime of a registered partnership. For reasons of clarity, therefore, a number of questions which could be seen as having a link with matters of that regime should be explicitly excluded from the scope of this Regulation.

(Corresponds to recital 11 in Regulation (EU) No 650/2012 and AM 3 of the report in 2011/0059(CNS).)

Amendment 5

Proposal for a regulation

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | As
  the maintenance obligations between registered partners are provided for in Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations,
  they must
  be excluded from the scope of this Regulation, as should issues relating to
  the validity and effects of gifts
  covered by
  Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations
  . |

Text proposed by the Commission

Amendment

(12)

As
  the maintenance obligations between registered partners are provided for in Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations,
  they must
  be excluded from the scope of this Regulation, as should issues relating to
  the validity and effects of gifts
  covered by
  Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations
  .

| (12) | The maintenance obligations between registered partners
  , which
  are provided for in Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations,
  should
  be excluded from the scope of this Regulation, as should issues relating to
  succession, which are
  covered by
  Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession

   (1)

  . |
| --- | --- |

(12)

The maintenance obligations between registered partners
  , which
  are provided for in Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations,
  should
  be excluded from the scope of this Regulation, as should issues relating to
  succession, which are
  covered by
  Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession

   (1)

  .

(Corresponds to AM 4 of the report in 2011/0059(CNS).)

Amendment 6

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | Issues relating to the nature
  of rights in rem
  that may exist under
  the national law of Member States
  , and those linked to the disclosure of such rights, should also be excluded from the scope of this Regulation, as they are in Regulation (EU) No ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession]
  .
  This means that the courts of the Member State in which a property of one or both partners is located may take measures under property law, regarding such things as the recording of a transfer of the property in the public register, where the law of that Member State so provides. |

Text proposed by the Commission

Amendment

(13)

Issues relating to the nature
  of rights in rem
  that may exist under
  the national law of Member States
  , and those linked to the disclosure of such rights, should also be excluded from the scope of this Regulation, as they are in Regulation (EU) No ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession]
  .
  This means that the courts of the Member State in which a property of one or both partners is located may take measures under property law, regarding such things as the recording of a transfer of the property in the public register, where the law of that Member State so provides.

| (13) | This Regulation — like Regulation (EU) No 650/2012 — should not affect the limited number (‘numerus clausus’)
  of rights in rem
  known in
  the national law of
  some
  Member States.
  A Member State should not be required to recognise a right in rem relating to property located in that Member State if the right in rem in question is not known in its law
  . |
| --- | --- |

(13)

This Regulation — like Regulation (EU) No 650/2012 — should not affect the limited number (‘numerus clausus’)
  of rights in rem
  known in
  the national law of
  some
  Member States.
  A Member State should not be required to recognise a right in rem relating to property located in that Member State if the right in rem in question is not known in its law
  .

(Corresponds to AM 5 of the report in 2011/0059(CNS).)

Amendment 7

Proposal for a regulation

Recital 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | However, in order to allow the beneficiaries to enjoy in another Member State the rights which have been created or transferred to them by the liquidation of the property regime of a registered partnership, this Regulation should provide for the adaptation of an unknown right in rem to the closest equivalent right in rem under the law of that other Member State. In the context of such an adaptation, account should be taken of the aims and the interests pursued by the specific right in rem and the effects attached to it. For the purposes of determining the closest equivalent national right in rem, the authorities or competent persons of the State whose law applies to the property regime of the registered partnership may be contacted for further information on the nature and the effects of the right. To that end, the existing networks in the area of judicial cooperation in civil and commercial matters could be used as well as any other available means facilitating the understanding of foreign law. |

Text proposed by the Commission

Amendment

(13a)

However, in order to allow the beneficiaries to enjoy in another Member State the rights which have been created or transferred to them by the liquidation of the property regime of a registered partnership, this Regulation should provide for the adaptation of an unknown right in rem to the closest equivalent right in rem under the law of that other Member State. In the context of such an adaptation, account should be taken of the aims and the interests pursued by the specific right in rem and the effects attached to it. For the purposes of determining the closest equivalent national right in rem, the authorities or competent persons of the State whose law applies to the property regime of the registered partnership may be contacted for further information on the nature and the effects of the right. To that end, the existing networks in the area of judicial cooperation in civil and commercial matters could be used as well as any other available means facilitating the understanding of foreign law.

(Corresponds to recital 16 in Regulation (EU) No 650/2012 and AM 6 of the report in 2011/0059(CNS).)

Amendment 8

Proposal for a regulation

Recital 13 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13b) | The requirements for the recording in a register of a right in immovable or movable property should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept (for immoveable property, the lex rei sitae) which determines under what legal conditions and how the recording must be carried out and which authorities, such as land registers or notaries, are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. |

Text proposed by the Commission

Amendment

(13b)

The requirements for the recording in a register of a right in immovable or movable property should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept (for immoveable property, the lex rei sitae) which determines under what legal conditions and how the recording must be carried out and which authorities, such as land registers or notaries, are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information.

(Corresponds in part to recital 18 in Regulation (EU) No 650/2012 and AM 7 of the report in 2011/0059(CNS).)

Amendment 9

Proposal for a regulation

Recital 13 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13c) | The effects of the recording of a right in a register should also be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept which determines whether the recording is, for instance, declaratory or constitutive in effect. Thus, where, for example, the acquisition of a right in an immovable property requires a recording in a register under the law of the Member State in which the register is kept in order to ensure the erga omnes effect of registers or to protect legal transactions, the moment of such acquisition should be governed by the law of that Member State. |

Text proposed by the Commission

Amendment

(13c)

The effects of the recording of a right in a register should also be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept which determines whether the recording is, for instance, declaratory or constitutive in effect. Thus, where, for example, the acquisition of a right in an immovable property requires a recording in a register under the law of the Member State in which the register is kept in order to ensure the erga omnes effect of registers or to protect legal transactions, the moment of such acquisition should be governed by the law of that Member State.

(Corresponds to recital 19 in Regulation (EU) No 650/2012 and AM 8 of the report in 2011/0059(CNS).)

Amendment 10

Proposal for a regulation

Recital 13 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13d) | Like Regulation (EU) No 650/2012, this Regulation should respect the different systems for dealing with property-regime issues applied in the Member States. For the purposes of this Regulation, the term ‘court’ should therefore be given a broad meaning so as to cover not only courts in the true sense of the word, exercising judicial functions, but also the notaries or registry offices in some Member States who or which, in certain matters of property regimes, exercise judicial functions like courts, and the notaries and legal professionals who, in some Member States, exercise judicial functions in a given property-regime matter by delegation of power by a court. All courts as defined in this Regulation should be bound by the rules of jurisdiction set out in this Regulation. Conversely, the term ‘court’ should not cover non-judicial authorities of a Member State empowered under national law to deal with matters of property regimes, such as the notaries in most Member States where, as is usually the case, they are not exercising judicial functions. |

Text proposed by the Commission

Amendment

(13d)

Like Regulation (EU) No 650/2012, this Regulation should respect the different systems for dealing with property-regime issues applied in the Member States. For the purposes of this Regulation, the term ‘court’ should therefore be given a broad meaning so as to cover not only courts in the true sense of the word, exercising judicial functions, but also the notaries or registry offices in some Member States who or which, in certain matters of property regimes, exercise judicial functions like courts, and the notaries and legal professionals who, in some Member States, exercise judicial functions in a given property-regime matter by delegation of power by a court. All courts as defined in this Regulation should be bound by the rules of jurisdiction set out in this Regulation. Conversely, the term ‘court’ should not cover non-judicial authorities of a Member State empowered under national law to deal with matters of property regimes, such as the notaries in most Member States where, as is usually the case, they are not exercising judicial functions.

(Corresponds to recital 20 in Regulation (EU) No 650/2012 and AM 10 of the report in 2011/0059(CNS).)

Amendment 11

Proposal for a regulation

Recital 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | Similarly, this Regulation must provide for extension of the jurisdiction of the courts of a Member State handling an application for dissolution or annulment of a registered partnership to include matters relating to the property consequences of the registered partnership arising in connection with that application, if the
  partners so agree
  . |

Text proposed by the Commission

Amendment

(15)

Similarly, this Regulation must provide for extension of the jurisdiction of the courts of a Member State handling an application for dissolution or annulment of a registered partnership to include matters relating to the property consequences of the registered partnership arising in connection with that application, if the
  partners so agree
  .

| (15) | Similarly, this Regulation must provide for extension of the jurisdiction of the courts of a Member State handling an application for dissolution or annulment of a registered partnership to include matters relating to the property consequences of the registered partnership arising in connection with that application, if the
  jurisdiction of the courts concerned has been recognised expressly or impliedly by the partners
  . |
| --- | --- |

(15)

Similarly, this Regulation must provide for extension of the jurisdiction of the courts of a Member State handling an application for dissolution or annulment of a registered partnership to include matters relating to the property consequences of the registered partnership arising in connection with that application, if the
  jurisdiction of the courts concerned has been recognised expressly or impliedly by the partners
  .

Amendment 12

Proposal for a regulation

Recital 15 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (15a) | Where matters of property regimes are not linked to the dissolution or annulment of the partnership or to the death of a partner, the partners may decide to submit questions related to their property regime to the courts of the Member State of the law they chose as the law applicable to their property regime. This requires an agreement between the partners, which may be concluded, at the latest, until the matter is put before the court and subsequently as provided for by the lex fori. |

Text proposed by the Commission

Amendment

(15a)

Where matters of property regimes are not linked to the dissolution or annulment of the partnership or to the death of a partner, the partners may decide to submit questions related to their property regime to the courts of the Member State of the law they chose as the law applicable to their property regime. This requires an agreement between the partners, which may be concluded, at the latest, until the matter is put before the court and subsequently as provided for by the lex fori.

(Corresponds to AM 12 of the report in 2011/0059(CNS).)

Amendment 13

Proposal for a regulation

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | In other situations,
  this Regulation must protect the territorial jurisdiction of a Member State's courts
  to deal with claims relating to
  the property consequences of the registered partnership in accordance with a
  list
  of criteria listed in order of precedence designed to ensure the existence of a close link between the partners and the Member State whose courts have jurisdiction. Courts other than those of the Member State where the partnership was registered
  may
  decline this extension of jurisdiction if their domestic law does not provide for registered partnerships.
  Finally, if no court has jurisdiction to deal with the situation in the light of the other provisions of this Regulation, an alternative jurisdictional rule has been included to avoid any risk of denial of justice. |

Text proposed by the Commission

Amendment

(16)

In other situations,
  this Regulation must protect the territorial jurisdiction of a Member State's courts
  to deal with claims relating to
  the property consequences of the registered partnership in accordance with a
  list
  of criteria listed in order of precedence designed to ensure the existence of a close link between the partners and the Member State whose courts have jurisdiction. Courts other than those of the Member State where the partnership was registered
  may
  decline this extension of jurisdiction if their domestic law does not provide for registered partnerships.
  Finally, if no court has jurisdiction to deal with the situation in the light of the other provisions of this Regulation, an alternative jurisdictional rule has been included to avoid any risk of denial of justice.

| (16) | This Regulation must protect the territorial jurisdiction of a Member State’s courts
  over applications concerning
  the property consequences of the registered partnership
  to be determined in cases other than those of separation of the partners or death of a partner
  in accordance with a
  set
  of criteria listed in order of precedence designed to ensure the existence of a close link between the partners and the Member State whose courts have jurisdiction. Courts other than those of the Member State where the partnership was registered
  should be given the opportunity to
  decline this extension of jurisdiction if their domestic law does not provide for registered partnerships. |
| --- | --- |

(16)

This Regulation must protect the territorial jurisdiction of a Member State’s courts
  over applications concerning
  the property consequences of the registered partnership
  to be determined in cases other than those of separation of the partners or death of a partner
  in accordance with a
  set
  of criteria listed in order of precedence designed to ensure the existence of a close link between the partners and the Member State whose courts have jurisdiction. Courts other than those of the Member State where the partnership was registered
  should be given the opportunity to
  decline this extension of jurisdiction if their domestic law does not provide for registered partnerships.

Amendment 14

Proposal for a regulation

Recital 16 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (16a) | In order to remedy, in particular, situations of denial of justice this Regulation should provide a forum necessitatis allowing a court of a Member State, on an exceptional basis, to rule on a property regime case which is closely connected with a third State. Such an exceptional basis may be deemed to exist when proceedings prove impossible in the third State in question, for example because of civil war, or when a beneficiary cannot reasonably be expected to initiate or conduct proceedings in that State. Jurisdiction based on forum necessitatis should, however, be exercised only if the case has a sufficient connection with the Member State of the court seised. |

Text proposed by the Commission

Amendment

(16a)

In order to remedy, in particular, situations of denial of justice this Regulation should provide a forum necessitatis allowing a court of a Member State, on an exceptional basis, to rule on a property regime case which is closely connected with a third State. Such an exceptional basis may be deemed to exist when proceedings prove impossible in the third State in question, for example because of civil war, or when a beneficiary cannot reasonably be expected to initiate or conduct proceedings in that State. Jurisdiction based on forum necessitatis should, however, be exercised only if the case has a sufficient connection with the Member State of the court seised.

(Corresponds to recital 31 in Regulation (EU) No 650/2012 and AM 14 of the report in 2011/0059(CNS).)

Amendment 15

Proposal for a regulation

Recital 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (18) | To facilitate
  the
  partners' management of their property,
  the law of the Member State where the partnership was registered will apply to all the partners' property, even if this law is not the law of a Member State
  . |

Text proposed by the Commission

Amendment

(18)

To facilitate
  the
  partners' management of their property,
  the law of the Member State where the partnership was registered will apply to all the partners' property, even if this law is not the law of a Member State
  .

| (18) | To facilitate
  registered
  partners’ management of their property,
  this Regulation should authorise them to choose the law applicable to their property, regardless of the nature or location of the property, from amongst the legal systems with which they have close links because of residence or their nationality. There is no reason why that choice should be denied to registered partnerships. If the partners choose a law which does not recognise registered partnerships, the choice of law should be considered null and void. The law determined by the objective connection should then be applied. Even though the parties concerned are generally well informed about their rights, the requirement concerning particular legal protection should be countered by the requirement for judicial advice on the impact of the choice of law. That requirement will be met, in particular, where the advice is guaranteed by additional formal rules concerning the choice of law, notably on notarisation. |
| --- | --- |

(18)

To facilitate
  registered
  partners’ management of their property,
  this Regulation should authorise them to choose the law applicable to their property, regardless of the nature or location of the property, from amongst the legal systems with which they have close links because of residence or their nationality. There is no reason why that choice should be denied to registered partnerships. If the partners choose a law which does not recognise registered partnerships, the choice of law should be considered null and void. The law determined by the objective connection should then be applied. Even though the parties concerned are generally well informed about their rights, the requirement concerning particular legal protection should be countered by the requirement for judicial advice on the impact of the choice of law. That requirement will be met, in particular, where the advice is guaranteed by additional formal rules concerning the choice of law, notably on notarisation.

Amendment 16

Proposal for a regulation

Recital 18 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (18a) | In order to create legal certainty and clarity, this Regulation should also include a rule concerning multiple registrations of a registered partnership, which should relate to the most recent registration. The Member States should ensure that there are no multiple registrations of registered partnerships. |

Text proposed by the Commission

Amendment

(18a)

In order to create legal certainty and clarity, this Regulation should also include a rule concerning multiple registrations of a registered partnership, which should relate to the most recent registration. The Member States should ensure that there are no multiple registrations of registered partnerships.

Amendment 17

Proposal for a regulation

Recital 18 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (18b) | Where no applicable law is chosen, and with a view to reconciling predictability and legal certainty with consideration of the life actually lived by the partners, this Regulation must introduce harmonised conflict-of-laws rules to establish the law applicable to all the partners’ property on the basis of a scale of connecting factors. The common habitual residence of the partners at the time of the establishment of the partnership or the first common habitual residence of the partners following the establishment of the partnership should constitute the first criterion, ahead of the partners' common nationality of the at the time of the establishment of the partnership. If neither of those criteria applies, or failing a first common habitual residence in cases where the partners have dual common nationalities at the time of the establishment of the registered partnership, the third criterion should be the State with which the partners have the closest links, taking into account all the circumstances, it being made clear that those links are to be considered as they were at the time of the establishment of the partnership. The laws defined by those criteria should not be applied if they do not recognise registered partnerships. As a default rule the law of the State in which the partnership was registered should apply to the partners’ property. |

Text proposed by the Commission

Amendment

(18b)

(Corresponds to AM 15 of the report in 2011/0059(CNS).)

Amendment 18

Proposal for a regulation

Recital 18 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (18c) | If nationality is used to determine the applicable law, account must be taken of the fact that some States with a legal system based on common law use domicile and not nationality as a connecting factor. |

Text proposed by the Commission

Amendment

(18c)

If nationality is used to determine the applicable law, account must be taken of the fact that some States with a legal system based on common law use domicile and not nationality as a connecting factor.

Amendment 19

Proposal for a regulation

Recital 18 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (18d) | To ensure the legal certainty of transactions and to prevent any change of the law applicable to the property consequences of registered partnerships being made without the partners being notified, no such change should be made save at the express request of the parties. Such a change by the partners should not have retroactive effect unless they expressly so stipulate. Whatever the case, it may not infringe the rights of third parties and the validity of transactions entered into previously. |

Text proposed by the Commission

Amendment

(18d)

To ensure the legal certainty of transactions and to prevent any change of the law applicable to the property consequences of registered partnerships being made without the partners being notified, no such change should be made save at the express request of the parties. Such a change by the partners should not have retroactive effect unless they expressly so stipulate. Whatever the case, it may not infringe the rights of third parties and the validity of transactions entered into previously.

Amendment 20

Proposal for a regulation

Recital 19 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19a) | All necessary information should be made available in a simple manner and by appropriate means, in particular through a multilingual internet site of the Commission. |

Text proposed by the Commission

Amendment

(19a)

All necessary information should be made available in a simple manner and by appropriate means, in particular through a multilingual internet site of the Commission.

Amendment 21

Proposal for a regulation

Recital 19 b (new)

| Text of the Commission | Amendment |
| --- | --- |
| | (19b) | Exchanges of good practice among legal practitioners should be encouraged. |

Text of the Commission

Amendment

(19b)

Exchanges of good practice among legal practitioners should be encouraged.

Amendment 22

Proposal for a regulation

Recital 19 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19c) | The Commission should introduce an information and training tool for the relevant court officials and legal practitioners by setting up an interactive portal in all official languages of the institutions of the Union, including a system for sharing professional expertise and practices. |

Text proposed by the Commission

Amendment

(19c)

The Commission should introduce an information and training tool for the relevant court officials and legal practitioners by setting up an interactive portal in all official languages of the institutions of the Union, including a system for sharing professional expertise and practices.

Amendment 23

Proposal for a regulation

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (23) | Since mutual recognition of decisions rendered in the Member States is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition and enforcement of decisions on the basis of
  Regulation (EC) No 44/2001
  , adjusted where necessary to meet the specific requirements of matters covered by this Regulation. Therefore it should not be possible in a Member State to refuse the recognition and enforcement, in whole or in part, of a decision concerning the property consequences of a registered partnership if that Member State's national law does not recognise such partnerships or provides for different consequences with regard to the property. |

Text proposed by the Commission

Amendment

(23)

Since mutual recognition of decisions rendered in the Member States is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition and enforcement of decisions on the basis of
  Regulation (EC) No 44/2001
  , adjusted where necessary to meet the specific requirements of matters covered by this Regulation. Therefore it should not be possible in a Member State to refuse the recognition and enforcement, in whole or in part, of a decision concerning the property consequences of a registered partnership if that Member State's national law does not recognise such partnerships or provides for different consequences with regard to the property.

| (23) | Since mutual recognition of decisions
  on questions of property regimes concerning registered partnerships
  rendered in the Member States is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition
  , enforceability
  and enforcement of decisions on the basis of
  other legal instruments in the area of judicial cooperation in civil matters
  , adjusted where necessary to meet the specific requirements of matters covered by this Regulation. Therefore, it should not be possible in a Member State to refuse the recognition and enforcement, in whole or in part, of a decision concerning the property consequences of a registered partnership if that Member State's national law does not recognise such partnerships or provides for different consequences with regard to the property. |
| --- | --- |

(23)

Since mutual recognition of decisions
  on questions of property regimes concerning registered partnerships
  rendered in the Member States is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition
  , enforceability
  and enforcement of decisions on the basis of
  other legal instruments in the area of judicial cooperation in civil matters
  , adjusted where necessary to meet the specific requirements of matters covered by this Regulation. Therefore, it should not be possible in a Member State to refuse the recognition and enforcement, in whole or in part, of a decision concerning the property consequences of a registered partnership if that Member State's national law does not recognise such partnerships or provides for different consequences with regard to the property.

(Corresponds to AM 19 of the report in 2011/0059(CNS).)

Amendment 24

Proposal for a regulation

Recital 24

| Text proposed by the Commission | Amendment |
| --- | --- |
| (24) | In order to take into account different
  ways of
  dealing with matters of the property consequences of registered partnerships in the Member States, this Regulation
  must
  guarantee the
  recognition
  and
  enforcement
  of authentic instruments.
  Nevertheless, the authentic instruments cannot be treated as court decisions with regard to their recognition. The recognition of authentic instruments means that they enjoy the same evidentiary effect with regard to their contents and the same effects as in their Member State of origin, and a presumption of validity which may be rebutted if they are contested. |

Text proposed by the Commission

Amendment

(24)

In order to take into account different
  ways of
  dealing with matters of the property consequences of registered partnerships in the Member States, this Regulation
  must
  guarantee the
  recognition
  and
  enforcement
  of authentic instruments.
  Nevertheless, the authentic instruments cannot be treated as court decisions with regard to their recognition. The recognition of authentic instruments means that they enjoy the same evidentiary effect with regard to their contents and the same effects as in their Member State of origin, and a presumption of validity which may be rebutted if they are contested.

| (24) | In order to take into account
  the
  different
  systems for
  dealing with matters of the property consequences of registered partnerships in the Member States, this Regulation
  should
  guarantee the
  acceptance
  and
  enforceability in all Member States
  of authentic instruments
  in matters of property regimes concerning registered partnerships
  . |
| --- | --- |

(24)

In order to take into account
  the
  different
  systems for
  dealing with matters of the property consequences of registered partnerships in the Member States, this Regulation
  should
  guarantee the
  acceptance
  and
  enforceability in all Member States
  of authentic instruments
  in matters of property regimes concerning registered partnerships
  .

(Corresponds to recital 60 in Regulation (EU) No 650/2012 and AM 20 of the report in 2011/0059(CNS).)

Amendment 25

Proposal for a regulation

Recital 24 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (24a) | In terms of the recognition, enforceability and enforcement of judicial decisions and of the acceptance and enforceability of authentic instruments and the enforceability of court settlements, this Regulation should lay down rules on the basis of, in particular, Regulation (EU) No 650/2012. |

Text proposed by the Commission

Amendment

(24a)

In terms of the recognition, enforceability and enforcement of judicial decisions and of the acceptance and enforceability of authentic instruments and the enforceability of court settlements, this Regulation should lay down rules on the basis of, in particular, Regulation (EU) No 650/2012.

(Corresponds to AM 21 of the report in 2011/0059(CNS).)

Amendment 26

Proposal for a regulation

Recital 25

| Text proposed by the Commission | Amendment |
| --- | --- |
| (25) | While
  the law applicable to the property consequences of registered partnerships must govern the legal relationship between a partner and a third party
  , the conditions for relying on that law should be regulated by the law of the Member State of habitual residence of the partner or the third party,
  in the interests of the third party's protection.
  The law of that Member State may thus provide that the partner may invoke the law of his or her property regime against the third party only if the conditions of registration or disclosure laid down in that Member State have been complied with, unless the third party was aware or ought to have been aware of the law applicable to the property consequences of the registered partnership
  . |

Text proposed by the Commission

Amendment

(25)

While
  the law applicable to the property consequences of registered partnerships must govern the legal relationship between a partner and a third party
  , the conditions for relying on that law should be regulated by the law of the Member State of habitual residence of the partner or the third party,
  in the interests of the third party's protection.
  The law of that Member State may thus provide that the partner may invoke the law of his or her property regime against the third party only if the conditions of registration or disclosure laid down in that Member State have been complied with, unless the third party was aware or ought to have been aware of the law applicable to the property consequences of the registered partnership
  .

| (25) | The law applicable to the property consequences of registered partnerships
  under this Regulation
  must govern the legal relationship between a
  registered
  partner and a third party
  . However,
  in the interests of the third party’s protection
  , neither partner should be able to invoke that law or overriding mandatory provisions in a legal relationship between one of the partners and a third party if the partner who has a legal relationship with the third party, and the third party, are habitually resident in the same State, which is not the State whose law is applicable to the property regime of the registered partnership. Exceptions should apply if the third party does not merit protection, in other words if he or she was aware, or ought to have been aware, of the law applicable, or if the requirements applicable to registration or publicity in the State were complied with. |
| --- | --- |

(25)

The law applicable to the property consequences of registered partnerships
  under this Regulation
  must govern the legal relationship between a
  registered
  partner and a third party
  . However,
  in the interests of the third party’s protection
  , neither partner should be able to invoke that law or overriding mandatory provisions in a legal relationship between one of the partners and a third party if the partner who has a legal relationship with the third party, and the third party, are habitually resident in the same State, which is not the State whose law is applicable to the property regime of the registered partnership. Exceptions should apply if the third party does not merit protection, in other words if he or she was aware, or ought to have been aware, of the law applicable, or if the requirements applicable to registration or publicity in the State were complied with.

(Corresponds to AM 22 of the report in 2011/0059(CNS).)

Amendment 27

Proposal for a regulation

Recital 26 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26a) | In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the establishment and subsequent amendment of the attestations and forms pertaining to the declaration of enforceability of decisions, court settlements and authentic instruments. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

   (2)

  . |

Text proposed by the Commission

Amendment

(26a)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the establishment and subsequent amendment of the attestations and forms pertaining to the declaration of enforceability of decisions, court settlements and authentic instruments. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

   (2)

  .

(Corresponds to recital 78 in Regulation (EU) No 650/2012 and AM 23 of the report in 2011/0059(CNS).)

Amendment 28

Proposal for a regulation

Recital 26 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26b) | The advisory procedure should be used for the adoption of implementing acts establishing and subsequently amending the attestations and forms provided for in this Regulation in accordance with the procedure laid down in Article 4 of Regulation (EU) No 182/2011. |

Text proposed by the Commission

Amendment

(26b)

(Corresponds to recital 79 in Regulation (EU) No 650/2012 and AM 24 of the report in 2011/0059(CNS).)

Amendment 29

Proposal for a regulation

Recital 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| (28) | This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17, 21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with these rights and principles. |

Text proposed by the Commission

Amendment

(28)

This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17, 21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with these rights and principles.

| (28) | This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17,
  20,
  21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights,
  equality before the law,
  the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States’ courts must apply this Regulation in a manner consistent with those rights and principles. |
| --- | --- |

(28)

This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17,
  20,
  21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights,
  equality before the law,
  the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States’ courts must apply this Regulation in a manner consistent with those rights and principles.

(Corresponds in part to recital 81 in Regulation (EU) No 650/2012 and AM 25 of the report in 2011/0059(CNS).)

Amendment 30

Proposal for a regulation

Article 1 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the personal effects of registered partnerships, |

Text proposed by the Commission

Amendment

(a)

the personal effects of registered partnerships,

deleted

Amendment 31

Proposal for a regulation

Article 1 — paragraph 3 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the legal capacity of partners, |

Text proposed by the Commission

Amendment

(b)

the legal capacity of partners,

| (b) | the
  general
  capacity of partners, |
| --- | --- |

(b)

the
  general
  capacity of partners,

(Corresponds to AM 26 of the report in 2011/0059(CNS).)

Amendment 32

Proposal for a regulation

Article 1 — paragraph 3 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the existence, validity or recognition of the partnership, |

Text proposed by the Commission

Amendment

(ba)

the existence, validity or recognition of the partnership,

(Corresponds to AM 27 of the report in 2011/0059(CNS).)

Amendment 33

Proposal for a regulation

Article 1 — paragraph 3 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | gifts between partners, |

Text proposed by the Commission

Amendment

(d)

gifts between partners,

deleted

Amendment 34

Proposal for a regulation

Article 1 — paragraph 3 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | the succession rights of a
  surviving partner, |

Text proposed by the Commission

Amendment

(e)

the succession rights of a
  surviving partner,

| (e) | issues of succession concerning the
  surviving partner, |
| --- | --- |

(e)

issues of succession concerning the
  surviving partner,

(Corresponds to AM 29 of the report in 2011/0059(CNS).)

Amendment 35

Proposal for a regulation

Article 1 — paragraph 3 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | companies set up between registered partners
  , |

Text proposed by the Commission

Amendment

(f)

companies set up between registered partners
  ,

| (f) | questions governed by the law of companies and other bodies, corporate or unincorporated
  , |
| --- | --- |

(f)

questions governed by the law of companies and other bodies, corporate or unincorporated
  ,

(Corresponds to Article 1, point (h), of Regulation (EU) No 650/2012 and AM 30 of the report in 2011/0059(CNS).)

Amendment 36

Proposal for a regulation

Article 1 — paragraph 3 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | the nature of rights in rem
  relating to a property and the disclosure of such rights. |

Text proposed by the Commission

Amendment

(g)

the nature of rights in rem
  relating to a property and the disclosure of such rights.

| (g) | the nature of rights in rem, |
| --- | --- |

(g)

the nature of rights in rem,

(Corresponds to Article 1, point (k), of Regulation (EU) No 650/2012 and AM 31 of the report in 2011/0059(CNS).)

Amendment 37

Proposal for a regulation

Article 1 — paragraph 3 — point g a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ga) | any recording in a register of rights in immovable or movable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register, and |

Text proposed by the Commission

Amendment

(ga)

any recording in a register of rights in immovable or movable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register, and

(Corresponds to Article 1, point (l), of Regulation (EU) No 650/2012 and AM 32 of the report in 2011/0059(CNS).)

Amendment 38

Proposal for a regulation

Article 1 — paragraph 3 — point g b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (gb) | questions of entitlement to transfer or adjustment, in the case of a dissolution of the registered partnership, between partners or former partners, of rights to retirement or disability pensions accrued during the registered partnership. |

Text proposed by the Commission

Amendment

(gb)

questions of entitlement to transfer or adjustment, in the case of a dissolution of the registered partnership, between partners or former partners, of rights to retirement or disability pensions accrued during the registered partnership.

(Corresponds to AM 33 of the report in 2011/0059(CNS).)

Amendment 39

Proposal for a regulation

Article 2 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | ‘registered partnership’: regime governing the shared life of two people which is provided for in law
  and is registered by an official authority
  ; |

Text proposed by the Commission

Amendment

(b)

‘registered partnership’: regime governing the shared life of two people which is provided for in law
  and is registered by an official authority
  ;

| (b) | ‘registered partnership’: regime governing the shared life of two people which is
  established in the manner
  provided for in law
  in the Member State where the partnership is registered
  ; |
| --- | --- |

(b)

‘registered partnership’: regime governing the shared life of two people which is
  established in the manner
  provided for in law
  in the Member State where the partnership is registered
  ;

Amendment 40

Proposal for a regulation

Article 2 — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | ‘partnership agreement’: any agreement by means of which the partners or future partners organise the property regime of their partnership; |

Text proposed by the Commission

Amendment

(ba)

‘partnership agreement’: any agreement by means of which the partners or future partners organise the property regime of their partnership;

(Corresponds to AM 35 of the report in 2011/0059(CNS).)

Amendment 41

Proposal for a regulation

Article 2 — paragraph 1 — point c — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | ‘authentic instrument’:
  an instrument
  which has been officially drawn up or registered as an authentic instrument in
  the
  Member State
  of origin
  and the authenticity of which: |

Text proposed by the Commission

Amendment

(c)

‘authentic instrument’:
  an instrument
  which has been officially drawn up or registered as an authentic instrument in
  the
  Member State
  of origin
  and the authenticity of which:

| (c) | ‘authentic instrument’:
  a document in a matter concerning the property regime in a registered partnership
  which has been
  formally
  drawn up or registered as an authentic instrument in
  a
  Member State and the authenticity of which: |
| --- | --- |

(c)

‘authentic instrument’:
  a document in a matter concerning the property regime in a registered partnership
  which has been
  formally
  drawn up or registered as an authentic instrument in
  a
  Member State and the authenticity of which:

(Corresponds to Article 3(1), point (i), of Regulation (EU) No 650/2012 and AM 36 of the report in 2011/0059(CNS).)

Amendment 42

Proposal for a regulation

Article 2 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | ‘decision’: any decision given in a matter of the property consequences of a registered partnership by a court of a Member State, whatever the decision may be called, including
  the terms ‘decree’, ‘judgment’, ‘order’ or ‘writ of execution’, and
  the determination of costs or expenses by an officer of the court; |

Text proposed by the Commission

Amendment

(d)

‘decision’: any decision given in a matter of the property consequences of a registered partnership by a court of a Member State, whatever the decision may be called, including
  the terms ‘decree’, ‘judgment’, ‘order’ or ‘writ of execution’, and
  the determination of costs or expenses by an officer of the court;

| (d) | ‘decision’: any decision given in a matter of the property consequences of a registered partnership by a court of a Member State, whatever the decision may be called, including
  a decision on
  the determination of costs or expenses by an officer of the court; |
| --- | --- |

(d)

‘decision’: any decision given in a matter of the property consequences of a registered partnership by a court of a Member State, whatever the decision may be called, including
  a decision on
  the determination of costs or expenses by an officer of the court;

(Corresponds to Article 31(1), point (g), of Regulation (EU) No 650/2012 and AM 37 of the report in 2011/0059(CNS).)

Amendment 43

Proposal for a regulation

Article 2 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | ‘Member State of origin’: the Member State in which
  , as the case may be,
  the decision
  was
  given,
  the partnership contract concluded,
  the authentic instrument
  or the instrument liquidating the common property or any other instrument produced by or before the judicial authority or authority of delegation was drawn up
  ; |

Text proposed by the Commission

Amendment

(e)

‘Member State of origin’: the Member State in which
  , as the case may be,
  the decision
  was
  given,
  the partnership contract concluded,
  the authentic instrument
  or the instrument liquidating the common property or any other instrument produced by or before the judicial authority or authority of delegation was drawn up
  ;

| (e) | ‘Member State of origin’: the Member State in which the decision
  has been
  given the authentic instrument
  established or the court settlement approved or concluded
  ; |
| --- | --- |

(e)

‘Member State of origin’: the Member State in which the decision
  has been
  given the authentic instrument
  established or the court settlement approved or concluded
  ;

(Corresponds to Article 3(1), point (e), of Regulation (EU) No 650/2012 and AM 38 of the report in 2011/0059(CNS).)

Amendment 44

Proposal for a regulation

Article 2 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | ‘Member State
  addressed
  ’: the Member State in which
  recognition and/or
  enforcement of the decision,
  partnership contract, authentic instrument, instrument of liquidation of the common property or any other instrument produced by or before the judicial authority or authority of delegation is requested
  ; |

Text proposed by the Commission

Amendment

(f)

‘Member State
  addressed
  ’: the Member State in which
  recognition and/or
  enforcement of the decision,
  partnership contract, authentic instrument, instrument of liquidation of the common property or any other instrument produced by or before the judicial authority or authority of delegation is requested
  ;

| (f) | ‘Member State
  of enforcement
  ’: the Member State in which
  the declaration of enforceability or the
  enforcement of the decision,
  the court settlement or the authentic instrument is sought; |
| --- | --- |

(f)

‘Member State
  of enforcement
  ’: the Member State in which
  the declaration of enforceability or the
  enforcement of the decision,
  the court settlement or the authentic instrument is sought;

(Corresponds to Article 3(1), point (f), of Regulation (EU) No 650/2012 and AM 39 of the report in 2011/0059(CNS).)

Amendment 45

Proposal for a regulation

Article 2 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | ‘court’: any competent judicial authority in the Member States which carries out a judicial function in matters of the property consequences of registered partnerships or any other non-judicial authority or person carrying out, by delegation or designation by a judicial authority of a Member State, the functions falling within the jurisdiction of the courts as provided for in this Regulation; |

Text proposed by the Commission

Amendment

(g)

‘court’: any competent judicial authority in the Member States which carries out a judicial function in matters of the property consequences of registered partnerships or any other non-judicial authority or person carrying out, by delegation or designation by a judicial authority of a Member State, the functions falling within the jurisdiction of the courts as provided for in this Regulation;

deleted

(Corresponds to AM 40 of the report in 2011/0059(CNS).)

Amendment 46

Proposal for a regulation

Article 2 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  For the purposes of this Regulation the term ‘court’ means any judicial authority and all other authorities and legal professionals with competence in matters of property regimes in registered partnerships which exercise judicial functions or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority, provided that such other authorities and legal professionals offer guarantees with regard to impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate: |
| | (a) | may be made the subject of an appeal to, or review by, a judicial authority; and |

Text proposed by the Commission

Amendment

1a.
     
  For the purposes of this Regulation the term ‘court’ means any judicial authority and all other authorities and legal professionals with competence in matters of property regimes in registered partnerships which exercise judicial functions or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority, provided that such other authorities and legal professionals offer guarantees with regard to impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate:

(a)

may be made the subject of an appeal to, or review by, a judicial authority; and

| (b) | have a similar force and effect as a decision of a judicial authority on the same matter. |
| --- | --- |

(b)

have a similar force and effect as a decision of a judicial authority on the same matter.

The Member States shall notify the Commission of the other authorities and legal professionals referred to in the first subparagraph in accordance with Article 33a(1).

Amendment 47

Proposal for a regulation

Article - 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article - 3 |
| | Jurisdiction in matters of property regimes within the Member States |
| | This Regulation shall not affect domestic jurisdiction over property regime cases in the Member States. |

Text proposed by the Commission

Amendment

Article - 3

Jurisdiction in matters of property regimes within the Member States

This Regulation shall not affect domestic jurisdiction over property regime cases in the Member States.

(Corresponds to AM 42 of the report in 2011/0059(CNS).)

Amendment 48

Proposal for a regulation

Article 3 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The courts of a Member State seised
  by an application concerning the
  succession
  of
  a registered partner under Regulation (EC)
  ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession]
  shall also have jurisdiction to rule on matters of the property consequences of the partnership arising in connection with the
  application
  . | 1.   The courts of a Member State seised
  in matters of the
  succession of a registered partner under Regulation (EU) No
  650/2012
  shall also have jurisdiction to rule on matters of the property consequences of the partnership arising in connection with the
  succession case
  . |

Text proposed by the Commission

Amendment

1.   The courts of a Member State seised
  by an application concerning the
  succession
  of
  a registered partner under Regulation (EC)
  ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession]
  shall also have jurisdiction to rule on matters of the property consequences of the partnership arising in connection with the
  application
  .

1.   The courts of a Member State seised
  in matters of the
  succession of a registered partner under Regulation (EU) No
  650/2012
  shall also have jurisdiction to rule on matters of the property consequences of the partnership arising in connection with the
  succession case
  .

(Corresponds to AM 43 of the report in 2011/0059(CNS).)

Amendment 49

Proposal for a regulation

Article 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| Jurisdiction in cases of
  separation of the partners | Jurisdiction in cases of
  dissolution or annulment |
| The courts of a Member State seised by an application for dissolution or annulment of a registered partnership shall also have jurisdiction
  , if the partners so agree,
  to rule on the property consequences arising in connection with the application. | The courts of a Member State seised of an application for dissolution or annulment of a registered partnership shall also have jurisdiction to rule on the property consequences arising in connection with the application
  if the jurisdiction of the courts concerned has been recognised, expressly or otherwise in an unequivocal manner by the partners
  . |
| Such an agreement may be concluded at any time, even during the proceedings. If it is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties. | |
| Failing
  agreement between the partners
  , jurisdiction
  is
  governed by Article 5. | Failing
  recognition of the jurisdiction of the court referred to in paragraph 1
  , jurisdiction
  shall be
  governed by Article 5. |

Text proposed by the Commission

Amendment

Jurisdiction in cases of
  separation of the partners

Jurisdiction in cases of
  dissolution or annulment

The courts of a Member State seised by an application for dissolution or annulment of a registered partnership shall also have jurisdiction
  , if the partners so agree,
  to rule on the property consequences arising in connection with the application.

The courts of a Member State seised of an application for dissolution or annulment of a registered partnership shall also have jurisdiction to rule on the property consequences arising in connection with the application
  if the jurisdiction of the courts concerned has been recognised, expressly or otherwise in an unequivocal manner by the partners
  .

Such an agreement may be concluded at any time, even during the proceedings. If it is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties.

Failing
  agreement between the partners
  , jurisdiction
  is
  governed by Article 5.

Failing
  recognition of the jurisdiction of the court referred to in paragraph 1
  , jurisdiction
  shall be
  governed by Article 5.

(Corresponds to AM 44 of the report in 2011/0059(CNS).)

Amendment 50

Proposal for a regulation

Article 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 4a |
| | Choice-of-court agreement |
| | 1.
     
  The partners may agree that the courts of the Member State whose law they have chosen, in accordance with Article 15b, as the law applicable to the property regime of their partnership are to have jurisdiction to rule on that property regime. Such jurisdiction shall be exclusive. |
| | Without prejudice to the third subparagraph, a choice-of-court agreement may be concluded or amended at any time, but at the latest when the court is seised. |
| | If the law of the forum so provides, the partners may also choose the competent jurisdiction after the court has been seised. In that event, such choice shall be recorded in court in accordance with the law of the forum. |
| | If the agreement is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties. Any communication by electronic means which provides a durable record of the agreement shall be equivalent to ‘writing’. |
| | 2.
     
  The partners may also agree that, if no court has been chosen, the courts of the Member State whose law is applicable pursuant to Article 15 to the property regime of their partnership are to have jurisdiction. |

Text proposed by the Commission

Amendment

Article 4a

Choice-of-court agreement

1.
     
  The partners may agree that the courts of the Member State whose law they have chosen, in accordance with Article 15b, as the law applicable to the property regime of their partnership are to have jurisdiction to rule on that property regime. Such jurisdiction shall be exclusive.

Without prejudice to the third subparagraph, a choice-of-court agreement may be concluded or amended at any time, but at the latest when the court is seised.

If the law of the forum so provides, the partners may also choose the competent jurisdiction after the court has been seised. In that event, such choice shall be recorded in court in accordance with the law of the forum.

If the agreement is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties. Any communication by electronic means which provides a durable record of the agreement shall be equivalent to ‘writing’.

2.
     
  The partners may also agree that, if no court has been chosen, the courts of the Member State whose law is applicable pursuant to Article 15 to the property regime of their partnership are to have jurisdiction.

Amendment 51

Proposal for a regulation

Article 4 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 4b |
| | Jurisdiction based on the appearance of the defendant |
| | 1.
     
  Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State whose law has been chosen under Article - 15b, or whose law is applicable under Article 15, and before which a defendant enters an appearance shall have jurisdiction. This rule shall not apply where an appearance was entered to contest the jurisdiction, or where another court has jurisdiction by virtue of Article 3, Article 4 or Article 4a. |
| | 2.
     
  Before assuming jurisdiction under paragraph 1, the court shall ensure that the defendant is informed of his or her right to contest the jurisdiction and of the consequences of entering or not entering an appearance. |

Text proposed by the Commission

Amendment

Article 4b

Jurisdiction based on the appearance of the defendant

1.
     
  Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State whose law has been chosen under Article - 15b, or whose law is applicable under Article 15, and before which a defendant enters an appearance shall have jurisdiction. This rule shall not apply where an appearance was entered to contest the jurisdiction, or where another court has jurisdiction by virtue of Article 3, Article 4 or Article 4a.

2.
     
  Before assuming jurisdiction under paragraph 1, the court shall ensure that the defendant is informed of his or her right to contest the jurisdiction and of the consequences of entering or not entering an appearance.

(Corresponds to AM 46 of the report in 2011/0059(CNS).)

Amendment 52

Proposal for a regulation

Article 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   
  In cases other than those provided for in
  Articles 3
  and
  4, jurisdiction to rule on proceedings concerning
  the
  property consequences
  of a registered partnership
  shall lie with the courts of the Member State: | 1.   
  Where no court has jurisdiction pursuant to
  Articles 3, 4
  and 4a
  , jurisdiction to rule on proceedings concerning property consequences shall lie with the courts of the Member State: |
| (a) | of
  the partners
  ' common habitual residence
  , or failing that, |

Text proposed by the Commission

Amendment

1.   
  In cases other than those provided for in
  Articles 3
  and
  4, jurisdiction to rule on proceedings concerning
  the
  property consequences
  of a registered partnership
  shall lie with the courts of the Member State:

1.   
  Where no court has jurisdiction pursuant to
  Articles 3, 4
  and 4a
  , jurisdiction to rule on proceedings concerning property consequences shall lie with the courts of the Member State:

(a)

of
  the partners
  ' common habitual residence
  , or failing that,

| (a) | in whose territory
  the partners
  are habitually resident at the time when the court is seised
  , or failing that, |
| --- | --- |

(a)

in whose territory
  the partners
  are habitually resident at the time when the court is seised
  , or failing that,

| (b) | of the last common habitual residence
  if one of them still resides there, or failing that |
| --- | --- |

(b)

of the last common habitual residence
  if one of them still resides there, or failing that

| (b) | in whose territory the partners were last habitually resident
  if one of them still resides there
  at the time when the court is seised
  , or failing that, |
| --- | --- |

(b)

in whose territory the partners were last habitually resident
  if one of them still resides there
  at the time when the court is seised
  , or failing that,

| (c) | of
  the defendant
  's habitual residence
  , or failing that, |
| --- | --- |

(c)

of
  the defendant
  's habitual residence
  , or failing that,

| (c) | in whose territory
  the defendant is
  habitually resident at the time when the court is seised
  , or failing that, |
| --- | --- |

(c)

in whose territory
  the defendant is
  habitually resident at the time when the court is seised
  , or failing that,

| (ca) | of the nationality of both partners at the time when the court is seised or, in the case of the United Kingdom and Ireland, of their common domicile, or failing that, |
| --- | --- |

(ca)

of the nationality of both partners at the time when the court is seised or, in the case of the United Kingdom and Ireland, of their common domicile, or failing that,

| (d) | of registration of the partnership. |
| --- | --- |

(d)

of registration of the partnership.

| (d) | of registration of the partnership. |
| --- | --- |

(d)

of registration of the partnership.

2.   The courts referred to in points (a), (b)
  and
  (c) of paragraph 1 may decline jurisdiction if their law does not recognise the institution of registered partnership.

2.   The courts referred to in points (a), (b), (c)
  and (ca)
  of paragraph 1 may decline jurisdiction if their law does not recognise the institution of registered partnership.

(Regarding Article 5(ca)(new), see the amendment to Article 6(1)(b), Corresponds to AM 47 of the report in 2011/0059(CNS).)

Amendment 53

Proposal for a regulation

Article 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where no court has jurisdiction
  under
  Articles 3, 4 or 5, or the court
  designated by those provisions
  has declined jurisdiction, the courts of a Member State shall have jurisdiction in so far as: | Where no court
  of a Member State
  has jurisdiction
  pursuant to
  Articles 3, 4
  , 4a
  or 5, or the court has declined jurisdiction, the courts of a Member State shall have jurisdiction in so far as
  immovable
  property or
  registered assets
  of one or both partners are located in the territory of that Member State
  ; in
  that event the court seised shall have jurisdiction to rule only in respect of the
  immovable
  property or
  registered assets
  in question. |
| (a) | property or properties of one or both partners are located in the territory of that Member State
  , but in
  that event the court seised shall have jurisdiction to rule only in respect of the property or properties in question; |

Text proposed by the Commission

Amendment

Where no court has jurisdiction
  under
  Articles 3, 4 or 5, or the court
  designated by those provisions
  has declined jurisdiction, the courts of a Member State shall have jurisdiction in so far as:

Where no court
  of a Member State
  has jurisdiction
  pursuant to
  Articles 3, 4
  , 4a
  or 5, or the court has declined jurisdiction, the courts of a Member State shall have jurisdiction in so far as
  immovable
  property or
  registered assets
  of one or both partners are located in the territory of that Member State
  ; in
  that event the court seised shall have jurisdiction to rule only in respect of the
  immovable
  property or
  registered assets
  in question.

(a)

property or properties of one or both partners are located in the territory of that Member State
  , but in
  that event the court seised shall have jurisdiction to rule only in respect of the property or properties in question;

| (b) | both partners are nationals of that Member State or, in the case of the United Kingdom and Ireland, have their common ‘domicile’ there. |
| --- | --- |

(b)

both partners are nationals of that Member State or, in the case of the United Kingdom and Ireland, have their common ‘domicile’ there.

In such cases the courts of a Member State shall have jurisdiction to rule only on immovable property or registered assets located in that Member State.

(Corresponds to AM 48 of the report in 2011/0059(CNS).)

Amendment 54

Proposal for a regulation

Article 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where no court of a Member State has jurisdiction
  under
  Articles 3, 4, 5 or 6,
  or the court designated by those provisions has declined jurisdiction,
  the courts of a Member State may,
  exceptionally and if the case has a sufficient connection with that Member State
  , rule on
  the property consequences of a registered partnership
  if proceedings
  would be impossible or
  cannot reasonably be brought or conducted in a third State. | Where no court of a Member State has jurisdiction
  pursuant to
  Articles 3, 4,
  4a,
  5 or 6, the courts of a Member State may,
  on an exceptional basis
  , rule on
  a property regime case
  if proceedings cannot reasonably be brought or conducted
  , or would be impossible,
  in a third State
  with which the case is closely connected
  . |
| | The case must have a sufficient connection with the Member State of the court seised. |

Text proposed by the Commission

Amendment

Where no court of a Member State has jurisdiction
  under
  Articles 3, 4, 5 or 6,
  or the court designated by those provisions has declined jurisdiction,
  the courts of a Member State may,
  exceptionally and if the case has a sufficient connection with that Member State
  , rule on
  the property consequences of a registered partnership
  if proceedings
  would be impossible or
  cannot reasonably be brought or conducted in a third State.

Where no court of a Member State has jurisdiction
  pursuant to
  Articles 3, 4,
  4a,
  5 or 6, the courts of a Member State may,
  on an exceptional basis
  , rule on
  a property regime case
  if proceedings cannot reasonably be brought or conducted
  , or would be impossible,
  in a third State
  with which the case is closely connected
  .

The case must have a sufficient connection with the Member State of the court seised.

(Corresponds to Article 11 of Regulation (EU) No 650/2012 and AM 49 of the report in 2011/0059(CNS).)

Amendment 55

Proposal for a regulation

Article 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| The court seised pursuant to Articles 3, 4, 5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation. | The court seised pursuant to Articles 3, 4,
  4a,
  5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation. |
| | If a court has been seised pursuant to Article 6, its jurisdiction to rule on a counterclaim shall be limited to the immovable property or registered assets which form the subject-matter of the main proceedings. |

Text proposed by the Commission

Amendment

The court seised pursuant to Articles 3, 4, 5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation.

The court seised pursuant to Articles 3, 4,
  4a,
  5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation.

If a court has been seised pursuant to Article 6, its jurisdiction to rule on a counterclaim shall be limited to the immovable property or registered assets which form the subject-matter of the main proceedings.

(Corresponds to AM 50 of the report in 2011/0059(CNS).)

Amendment 56

Proposal for a regulation

Article 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| A
  court shall be deemed to be seised: | For the purposes of this Chapter, a
  court shall be deemed to be seised: |
| (a) | at the time when(...) the document instituting the proceedings or an equivalent document is lodged with the court, provided that the applicant(...) has not subsequently failed to take the steps he (...)was required to take to have service effected on the defendant
  , or |

Text proposed by the Commission

Amendment

A
  court shall be deemed to be seised:

For the purposes of this Chapter, a
  court shall be deemed to be seised:

(a)

at the time when(...) the document instituting the proceedings or an equivalent document is lodged with the court, provided that the applicant(...) has not subsequently failed to take the steps he (...)was required to take to have service effected on the defendant
  , or

| (a) | at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the applicant has not subsequently failed to take the steps he was required to take to have service effected on the defendant; |
| --- | --- |

(a)

at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the applicant has not subsequently failed to take the steps he was required to take to have service effected on the defendant;

| (b) | where
  the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he or she was required to take to have the document lodged with the court. |
| --- | --- |

(b)

where
  the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he or she was required to take to have the document lodged with the court.

| (b) | if
  the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he was required to take to have the document lodged with the court
  , or |
| --- | --- |

(b)

if
  the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he was required to take to have the document lodged with the court
  , or

| (ba) | if the proceedings are opened of the court's own motion, at the time when the decision to open the proceedings is taken by the court, or, where such a decision is not required, at the time when the case is registered by the court
  . |
| --- | --- |

(ba)

if the proceedings are opened of the court's own motion, at the time when the decision to open the proceedings is taken by the court, or, where such a decision is not required, at the time when the case is registered by the court
  .

(Corresponds to Article 14 of Regulation (EU) No 650/2012 and AM 51 of the report in 2011/0059(CNS).)

Amendment 57

Proposal for a regulation

Article 12 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where proceedings involving the same cause of action and between the
  same parties
  are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. | 1.   Where proceedings involving the same cause of action and between the
  partners
  are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. |

Text proposed by the Commission

Amendment

1.   Where proceedings involving the same cause of action and between the
  same parties
  are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.

1.   Where proceedings involving the same cause of action and between the
  partners
  are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.

(Corresponds to AM 52 of the report in 2011/0059(CNS).)

Amendment 59

Proposal for a regulation

Article 13 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where these actions are pending at first instance, any court other than the court first seised may also, on the application of one of the
  parties
  , decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof. | 2.   Where those actions are pending at first instance, any court other than the court first seised may also, on the application of one of the
  partners
  , decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof. |

Text proposed by the Commission

Amendment

2.   Where these actions are pending at first instance, any court other than the court first seised may also, on the application of one of the
  parties
  , decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof.

2.   Where those actions are pending at first instance, any court other than the court first seised may also, on the application of one of the
  partners
  , decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof.

(Corresponds to Article 18 of Regulation (EU) No 650/2012 and AM 54 of the report in 2011/0059(CNS).)

Amendment 60

Proposal for a regulation

Article 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| Provisional, including protective, measures provided for by the law
  of a Member State
  may be requested from the courts
  of that State, even
  where,
  under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter. | Application may be made to the courts
  of a Member State
  for such provisional
  ,
  including protective, measures as may be available under the law
  of that State, even
  if,
  under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter. |

Text proposed by the Commission

Amendment

Provisional, including protective, measures provided for by the law
  of a Member State
  may be requested from the courts
  of that State, even
  where,
  under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter.

Application may be made to the courts
  of a Member State
  for such provisional
  ,
  including protective, measures as may be available under the law
  of that State, even
  if,
  under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter.

(Corresponds to Article 19 of Regulation (EU) No 650/2012 and AM 56 of the report in 2011/0059(CNS).)

Amendment 61

Proposal for a regulation

Article - 15 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article - 15 |
| | Unity and scope of the applicable law |
| | 1.
     
  The law applicable to the property consequences of a registered partnership shall apply to all assets that are subject to those consequences, regardless of where the assets are located. |
| | 2.
     
  The law applicable to the property consequences of registered partnerships shall determine, without prejudice to points (g) and (ga) of Article 1(3), inter alia: |
| | (a) | the division of the partners’ property into different categories before and after the registered partnership; |

Text proposed by the Commission

Amendment

Article - 15

Unity and scope of the applicable law

1.
     
  The law applicable to the property consequences of a registered partnership shall apply to all assets that are subject to those consequences, regardless of where the assets are located.

2.
     
  The law applicable to the property consequences of registered partnerships shall determine, without prejudice to points (g) and (ga) of Article 1(3), inter alia:

(a)

the division of the partners’ property into different categories before and after the registered partnership;

| (b) | the transfer of property from one category to another; |
| --- | --- |

(b)

the transfer of property from one category to another;

| (c) | liability for the other partner’s debts, where necessary; |
| --- | --- |

(c)

liability for the other partner’s debts, where necessary;

| (d) | the partners’ rights of disposal during the partnership; |
| --- | --- |

(d)

the partners’ rights of disposal during the partnership;

| (e) | dissolution and liquidation of the property regime of a registered partnership and division of property in the event of dissolution of the registered partnership; |
| --- | --- |

(e)

dissolution and liquidation of the property regime of a registered partnership and division of property in the event of dissolution of the registered partnership;

| (f) | the impact of the property regime of a registered partnership on a legal relationship between one of the partners and a third party on the basis of Article 31. |
| --- | --- |

(f)

the impact of the property regime of a registered partnership on a legal relationship between one of the partners and a third party on the basis of Article 31.

(Corresponds to AMs 57 and 58 of the report in 2011/0059(CNS).)

Amendment 62

Proposal for a regulation

Article - 15 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article - 15a |
| | Universal application |
| | Any law specified by this Regulation shall be applied whether or not it is the law of a Member State. |

Text proposed by the Commission

Amendment

Article - 15a

Universal application

Any law specified by this Regulation shall be applied whether or not it is the law of a Member State.

(See amendment to Article 16; the text has been changed. Corresponds to Article 20 of Regulation (EU) No 650/2012 and AM 59 of the report in 2011/0059(CNS).)

Amendment 63

Proposal for a regulation

Article - 15 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article - 15b |
| | Choice of law |
| | 1.
     
  The partners or future partners may agree on or change the law applicable to the property regime of their registered partnership, provided that that law recognises the institution of registered partnership and attaches property consequences to it, and provided that it is one of the following: |
| | (a) | the law of the State in which the partners or future partners, or one of them, is/are habitually resident at the time when the agreement is concluded, or |

Text proposed by the Commission

Amendment

Article - 15b

Choice of law

1.
     
  The partners or future partners may agree on or change the law applicable to the property regime of their registered partnership, provided that that law recognises the institution of registered partnership and attaches property consequences to it, and provided that it is one of the following:

(a)

the law of the State in which the partners or future partners, or one of them, is/are habitually resident at the time when the agreement is concluded, or

| (b) | the law of a State of which one of the partners or future partners is a national at the time when the agreement is concluded, or |
| --- | --- |

(b)

the law of a State of which one of the partners or future partners is a national at the time when the agreement is concluded, or

| (c) | the law of a State in which the partnership is registered. |
| --- | --- |

(c)

the law of a State in which the partnership is registered.

2.
     
  If the law chosen does not recognise the institution of registered partnership or does not attach property consequences to it, the applicable law shall be determined in accordance with Article 15.

3.
     
  The choice of law pursuant to paragraph 1 shall be valid only if the partners or future partners can prove that, prior to making the choice, they have taken advice on its legal consequences.

This requirement shall be deemed to be fulfilled if the provision of advice is ensured by additional national formal rules governing the choice of law.

4.
     
  Unless the partners agree otherwise, a change of the law applicable to the property regime of their registered partnership made during the partnership shall have prospective effect only.

5.
     
  If the partners choose to make that change retroactive, its retroactive effect shall not affect the validity of previous transactions entered into under the law hitherto applicable or the rights of third parties under the law previously applicable.

(Corresponds in part to AM 60 of the report in 2011/0059(CNS).)

Amendment 64

Proposal for a regulation

Article 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| Determination of
  the applicable law | Establishing
  the applicable law
  where no choice is made |
| The law applicable to
  the property consequences of registered partnerships
  is the law of
  the State
  in which the partnership was registered. | 1.
     
  If no choice-of-law agreement is made pursuant to Article - 15b,
  the property consequences of registered partnerships
  shall be governed by
  the
  law of the
  State: |
| | (a) | in which the partners have their first common habitual residence at the time when their partnership was established or where they set up their first common habitual residence after establishing their partnership, or |

Text proposed by the Commission

Amendment

Determination of
  the applicable law

Establishing
  the applicable law
  where no choice is made

The law applicable to
  the property consequences of registered partnerships
  is the law of
  the State
  in which the partnership was registered.

1.
     
  If no choice-of-law agreement is made pursuant to Article - 15b,
  the property consequences of registered partnerships
  shall be governed by
  the
  law of the
  State:

(a)

in which the partners have their first common habitual residence at the time when their partnership was established or where they set up their first common habitual residence after establishing their partnership, or

| (b) | the nationality of which both partners have at the time when their partnership is established, or |
| --- | --- |

(b)

the nationality of which both partners have at the time when their partnership is established, or

| (c) | with which the partners have the closest ties at the time when their partnership is established, with due consideration given to all the circumstances, or |
| --- | --- |

(c)

with which the partners have the closest ties at the time when their partnership is established, with due consideration given to all the circumstances, or

| (d) | in which the partnership is registered. |
| --- | --- |

(d)

in which the partnership is registered.

2.
     
  Points (a), (b) and (c) of paragraph 1 shall not apply if the law in question does not recognise the institution of registered partnership.

3.
     
  Point (b) of paragraph 1 shall not apply if the partners have more than one common nationality.

(Corresponds in part to AM 61 et seq. of the report in 2011/0059(CNS).)

Amendment 65

Proposal for a regulation

Article 15 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 15a |
| | Multiple registration |
| | If registered partnerships between the same persons exist in different States, the partnership which was most recently established, dating from the day on which it was established, shall be decisive for the purposes of determining the applicable law pursuant to point (d) of Article 15(1). |

Text proposed by the Commission

Amendment

Article 15a

Multiple registration

If registered partnerships between the same persons exist in different States, the partnership which was most recently established, dating from the day on which it was established, shall be decisive for the purposes of determining the applicable law pursuant to point (d) of Article 15(1).

Amendment 66

Proposal for a regulation

Article 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 16 | deleted |
| Universal nature of the conflict-of-law rule | |
| Any law determined in accordance with the provisions of this Chapter shall apply even if it is not the law of a Member State. | |

Text proposed by the Commission

Amendment

Article 16

deleted

Universal nature of the conflict-of-law rule

Any law determined in accordance with the provisions of this Chapter shall apply even if it is not the law of a Member State.

(Corresponds to AM 68 of the report in 2011/0059(CNS).)

Amendment 67

Proposal for a regulation

Article 16 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 16a |
| | Formal requirements for choosing the applicable law |
| | 1.
     
  The agreement on the choice of law referred to in Article - 15b shall be expressed in writing, dated and signed by both partners. Any communication by electronic means which provides a durable record of the agreement shall be deemed equivalent to writing. |
| | 2.
     
  That agreement shall comply with the formal requirements of the law applicable to the property regime of the registered partnership or the law of the State in which the agreement was concluded. |
| | 3.
     
  However, if the law of the State in which both partners have their habitual residence at the time of their agreement on the choice of applicable law provides for additional formal requirements for agreements of that type or, failing that, for the partnership agreement, those requirements shall apply. |
| | 4.
     
  If the partners are habitually resident in different States at the time when the choice is made and the laws of those States provide for different formal requirements, the agreement shall be formally valid if it satisfies the requirements of either of those laws. |

Text proposed by the Commission

Amendment

Article 16a

Formal requirements for choosing the applicable law

1.
     
  The agreement on the choice of law referred to in Article - 15b shall be expressed in writing, dated and signed by both partners. Any communication by electronic means which provides a durable record of the agreement shall be deemed equivalent to writing.

2.
     
  That agreement shall comply with the formal requirements of the law applicable to the property regime of the registered partnership or the law of the State in which the agreement was concluded.

3.
     
  However, if the law of the State in which both partners have their habitual residence at the time of their agreement on the choice of applicable law provides for additional formal requirements for agreements of that type or, failing that, for the partnership agreement, those requirements shall apply.

4.
     
  If the partners are habitually resident in different States at the time when the choice is made and the laws of those States provide for different formal requirements, the agreement shall be formally valid if it satisfies the requirements of either of those laws.

(Similar to Article 5(2) of Regulation (EU) No 650/2012. See also AM 65 of the report in 2011/0059(CNS).)

Amendment 68

Proposal for a regulation

Article 16 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 16b |
| | Formal requirements for a partnership agreement |
| | The formal aspects of a partnership agreement shall be governed mutatis mutandis by Article 16a. Any additional formal requirements within the meaning of Article 16a(3) shall, for the purposes of this Article relate only to the partnership agreement. |

Text proposed by the Commission

Amendment

Article 16b

Formal requirements for a partnership agreement

The formal aspects of a partnership agreement shall be governed mutatis mutandis by Article 16a. Any additional formal requirements within the meaning of Article 16a(3) shall, for the purposes of this Article relate only to the partnership agreement.

(Corresponds to AM 66 of the report in 2011/0059(CNS).)

Amendment 69

Proposal for a regulation

Article 16 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 16c |
| | Adaptation of rights in rem |
| | Where a person invokes a right in rem to which he or she is entitled under the law applicable to the property regime of the registered partnership and the law of the Member State in which that right is invoked does not know the right in rem in question, that right shall, if necessary and to the extent possible, be adapted to the closest equivalent right in rem under the law of that State, taking into account the aims and the interests pursued by the specific right in rem and the effects attached to it. |

Text proposed by the Commission

Amendment

Article 16c

Adaptation of rights in rem

Where a person invokes a right in rem to which he or she is entitled under the law applicable to the property regime of the registered partnership and the law of the Member State in which that right is invoked does not know the right in rem in question, that right shall, if necessary and to the extent possible, be adapted to the closest equivalent right in rem under the law of that State, taking into account the aims and the interests pursued by the specific right in rem and the effects attached to it.

(Corresponds to Article 31 of Regulation (EU) No 650/2012 and AM 67 of the report in 2011/0059(CNS).)

Amendment 70

Proposal for a regulation

Article 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| The provisions of this Regulation shall be without prejudice to the application of imperative provisions the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the property consequences of a registered partnership under this Regulation. | 1.
     
  Overriding mandatory provisions are provisions the disregard for which would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. The competent authorities should not interpret the public policy exception in a way that is contrary to the Charter of Fundamental rights of the European Union, and in particular Article 21 thereof, which prohibits all forms of discrimination. |
| | 2.
     
  This Regulation shall not restrict the application of the overriding mandatory provisions of the law of the forum, without prejudice to the transaction protection provisions applicable pursuant to Article 31. |

Text proposed by the Commission

Amendment

The provisions of this Regulation shall be without prejudice to the application of imperative provisions the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the property consequences of a registered partnership under this Regulation.

1.
     
  Overriding mandatory provisions are provisions the disregard for which would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. The competent authorities should not interpret the public policy exception in a way that is contrary to the Charter of Fundamental rights of the European Union, and in particular Article 21 thereof, which prohibits all forms of discrimination.

2.
     
  This Regulation shall not restrict the application of the overriding mandatory provisions of the law of the forum, without prejudice to the transaction protection provisions applicable pursuant to Article 31.

(Corresponds to AM 69 of the report in 2011/0059(CNS).)

Amendment 71

Proposal for a regulation

Article 18 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The application of a rule of the law determined by this Regulation may be refused only if
  such
  application is manifestly incompatible with the public policy of the forum. | 1.   The application of a rule of the law
  of any State
  determined by this Regulation may be refused only if
  its
  application is manifestly incompatible with the public policy of the forum. |

Text proposed by the Commission

Amendment

1.   The application of a rule of the law determined by this Regulation may be refused only if
  such
  application is manifestly incompatible with the public policy of the forum.

1.   The application of a rule of the law
  of any State
  determined by this Regulation may be refused only if
  its
  application is manifestly incompatible with the public policy of the forum.

(Corresponds to Article 35 of Regulation (EU) No 650/2012 and AM 70 of the report in 2011/0059(CNS).)

Amendment 72

Proposal for a regulation

Article 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where this Regulation provides for the application of the law of a State, it means the rules of
  substantive
  law in force in that State other than its rules of private international law. | Where this Regulation provides for the application of the law of a State, it
  refers to
  the rules of law in force in that State other than its rules of private international law. |

Text proposed by the Commission

Amendment

Where this Regulation provides for the application of the law of a State, it means the rules of
  substantive
  law in force in that State other than its rules of private international law.

Where this Regulation provides for the application of the law of a State, it
  refers to
  the rules of law in force in that State other than its rules of private international law.

(Corresponds to AM 71 of the report in 2011/0059(CNS).)

Amendment 73

Proposal for a regulation

Article 20

| Text proposed by the Commission | Amendment |
| --- | --- |
| States with
  two or
  more legal
  systems
  — territorial conflicts of laws | States with more
  than one
  legal
  system
  — territorial conflicts of laws |
| | 1.
     
  Where the law specified by this Regulation is that of a State which comprises several territorial units each of which has its own rules of law in respect of property regimes of registered partnerships, the internal conflict-of-laws rules of that State shall determine the relevant territorial unit whose rules of law are to apply. |
| Where a State comprises several territorial units, each of which has its own system of law or its own set of rules concerning matters governed by this Regulation
  : | 1a.
     
  In the absence of such internal conflict-of-laws
  :
  rules: |
| (a) | any reference to the law of that State shall
  be construed
  , for the purposes of determining the law applicable
  under this Regulation
  , as a reference to the law in force in the
  relevant
  territorial unit; |

Text proposed by the Commission

Amendment

States with
  two or
  more legal
  systems
  — territorial conflicts of laws

States with more
  than one
  legal
  system
  — territorial conflicts of laws

1.
     
  Where the law specified by this Regulation is that of a State which comprises several territorial units each of which has its own rules of law in respect of property regimes of registered partnerships, the internal conflict-of-laws rules of that State shall determine the relevant territorial unit whose rules of law are to apply.

Where a State comprises several territorial units, each of which has its own system of law or its own set of rules concerning matters governed by this Regulation
  :

1a.
     
  In the absence of such internal conflict-of-laws
  :
  rules:

(a)

any reference to the law of that State shall
  be construed
  , for the purposes of determining the law applicable
  under this Regulation
  , as a reference to the law in force in the
  relevant
  territorial unit;

| (a) | any reference to the law of that State
  referred to in paragraph 1
  shall, for the purposes of determining the law applicable
  pursuant to provisions referring to the habitual residence of the partners
  ,
  be construed
  as
  referring
  to the law in force in the territorial unit
  in which the partners have their habitual residence
  ; |
| --- | --- |

(a)

any reference to the law of that State
  referred to in paragraph 1
  shall, for the purposes of determining the law applicable
  pursuant to provisions referring to the habitual residence of the partners
  ,
  be construed
  as
  referring
  to the law in force in the territorial unit
  in which the partners have their habitual residence
  ;

| (b) | any reference to
  habitual residence in that
  State shall be construed as
  a reference
  to
  habitual residence in a
  territorial unit; |
| --- | --- |

(b)

any reference to
  habitual residence in that
  State shall be construed as
  a reference
  to
  habitual residence in a
  territorial unit;

| (b) | any reference to
  the law of the
  State
  referred to in paragraph 1
  shall
  , for the purposes of determining the law applicable pursuant to provisions referring to the nationality of the partners,
  be construed as
  referring
  to
  the law of the
  territorial unit
  with which the partners have the closest connection
  ; |
| --- | --- |

(b)

any reference to
  the law of the
  State
  referred to in paragraph 1
  shall
  , for the purposes of determining the law applicable pursuant to provisions referring to the nationality of the partners,
  be construed as
  referring
  to
  the law of the
  territorial unit
  with which the partners have the closest connection
  ;

| (c) | any reference to
  nationality
  shall
  refer
  to
  the territorial unit determined by
  the law of
  that State, or, in the absence of relevant rules, to
  the territorial unit
  chosen by the parties or, in absence of such a choice, to the territorial unit with
  which the
  spouse or spouses has or have the closest connection
  . |
| --- | --- |

(c)

any reference to
  nationality
  shall
  refer
  to
  the territorial unit determined by
  the law of
  that State, or, in the absence of relevant rules, to
  the territorial unit
  chosen by the parties or, in absence of such a choice, to the territorial unit with
  which the
  spouse or spouses has or have the closest connection
  .

| (c) | any reference to
  the law of the State referred to in paragraph 1
  shall
  , for the purposes of determining the law applicable pursuant to any other provisions referring to other elements as connecting factors, be construed as referring
  to the law of the territorial unit
  in
  which the
  relevant element is located
  . |
| --- | --- |

(c)

any reference to
  the law of the State referred to in paragraph 1
  shall
  , for the purposes of determining the law applicable pursuant to any other provisions referring to other elements as connecting factors, be construed as referring
  to the law of the territorial unit
  in
  which the
  relevant element is located
  .

(Corresponds to Article 36 of Regulation (EU) No 650/2012 and AM 72 of the report in 2011/0059(CNS).)

Amendment 74

Proposal for a regulation

Article 20 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 20a |
| | States with more than one legal system — inter-personal conflicts of laws |
| | In relation to a State which has two or more systems of law or sets of rules applicable to different categories of persons in respect of the property regimes of registered partnerships, any reference to the law of such a State shall be construed as referring to the system of law or set of rules determined by the rules in force in that State. In the absence of such rules, the system of law or the set of rules with which the partners have the closest connection shall apply. |

Text proposed by the Commission

Amendment

Article 20a

States with more than one legal system — inter-personal conflicts of laws

In relation to a State which has two or more systems of law or sets of rules applicable to different categories of persons in respect of the property regimes of registered partnerships, any reference to the law of such a State shall be construed as referring to the system of law or set of rules determined by the rules in force in that State. In the absence of such rules, the system of law or the set of rules with which the partners have the closest connection shall apply.

(Corresponds to AM 73 of the report in 2011/0059(CNS).)

Amendment 75

Proposal for a regulation

Article 20 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 20b |
| | Non-application of this Regulation to internal conflicts of laws |
| | A Member State which comprises several territorial units each of which has its own rules of law in respect of the property regimes of registered partnerships shall not be required to apply this Regulation to conflicts of laws arising between such units only. |

Text proposed by the Commission

Amendment

Article 20b

Non-application of this Regulation to internal conflicts of laws

A Member State which comprises several territorial units each of which has its own rules of law in respect of the property regimes of registered partnerships shall not be required to apply this Regulation to conflicts of laws arising between such units only.

(Corresponds to AM 74 of the report in 2011/0059(CNS).)

Amendment 76

Proposal for a regulation

Article 21 — paragraph 1

| Text of the Commission | Amendment |
| --- | --- |
| 1.   A decision given in a Member State shall be recognised in the other Member States without any special procedure being required. | 1.   A decision given in a Member State shall be recognised in the other Member States without any special procedure being required.
  The recognition of such decisions shall not, however, imply that Member States recognise registered partnerships as a legal institution in their own law. |

Text of the Commission

Amendment

1.   A decision given in a Member State shall be recognised in the other Member States without any special procedure being required.

1.   A decision given in a Member State shall be recognised in the other Member States without any special procedure being required.
  The recognition of such decisions shall not, however, imply that Member States recognise registered partnerships as a legal institution in their own law.

Amendment 77

Proposal for a regulation

Article 21 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles
  [38
  to
  56] of Regulation (EC) No 44/2001
  , apply for
  the
  decision to be recognised. | 2.   Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles
  27b
  to
  27o
  , apply for
  that
  decision to be recognised. |

Text proposed by the Commission

Amendment

2.   Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles
  [38
  to
  56] of Regulation (EC) No 44/2001
  , apply for
  the
  decision to be recognised.

2.   Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles
  27b
  to
  27o
  , apply for
  that
  decision to be recognised.

(Corresponds to Article 39 of Regulation (EU) No 650/2012 and AM 75 of the report in 2011/0059(CNS).)

Amendment 78

Proposal for a regulation

Article 22 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | such recognition is manifestly contrary to public policy in the Member State
  addressed
  ; |

Text proposed by the Commission

Amendment

(a)

such recognition is manifestly contrary to public policy in the Member State
  addressed
  ;

| (a) | such recognition is manifestly contrary to public policy in the Member State
  in which recognition is sought
  ; |
| --- | --- |

(a)

such recognition is manifestly contrary to public policy in the Member State
  in which recognition is sought
  ;

(Corresponds to Article 40 of Regulation (EU) No 650/2012 and AM 76 of the report in 2011/0059(CNS).)

Amendment 79

Proposal for a regulation

Article 22 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | where it was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him or her to arrange for his or her defence, unless the defendant failed to
  commence proceedings to challenge
  the decision when it was possible for him or her to do so; |

Text proposed by the Commission

Amendment

(b)

where it was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him or her to arrange for his or her defence, unless the defendant failed to
  commence proceedings to challenge
  the decision when it was possible for him or her to do so;

| (b) | where it was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him or her to arrange for his or her defence, unless the defendant failed to
  appeal against
  the decision when it was possible for him or her to do so; |
| --- | --- |

(b)

where it was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him or her to arrange for his or her defence, unless the defendant failed to
  appeal against
  the decision when it was possible for him or her to do so;

(Corresponds in part to Article 40 of Regulation (EU) No 650/2012.)

Amendment 80

Proposal for a regulation

Article 22 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | it is irreconcilable with a decision given in
  a matter
  between the same parties in the Member State
  addressed
  ; |

Text proposed by the Commission

Amendment

(c)

it is irreconcilable with a decision given in
  a matter
  between the same parties in the Member State
  addressed
  ;

| (c) | it is irreconcilable with a decision given in
  proceedings
  between the same parties in the Member State
  in which recognition is granted
  ; |
| --- | --- |

(c)

it is irreconcilable with a decision given in
  proceedings
  between the same parties in the Member State
  in which recognition is granted
  ;

(Corresponds to Article 40 of Regulation (EU) No 650/2012 and AM 78 of the report in 2011/0059(CNS).)

Amendment 81

Proposal for a regulation

Article 22 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | it is irreconcilable with an earlier decision given in another Member State or in a third State involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State
  addressed
  . |

Text proposed by the Commission

Amendment

(d)

it is irreconcilable with an earlier decision given in another Member State or in a third State involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State
  addressed
  .

| (d) | it is irreconcilable with an earlier decision given in another Member State or in a third State
  in proceedings
  involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State
  in which recognition is sought
  ; |
| --- | --- |

(d)

it is irreconcilable with an earlier decision given in another Member State or in a third State
  in proceedings
  involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State
  in which recognition is sought
  ;

(Corresponds to Article 40 of Regulation (EU) No 650/2012 and AM 79 of the report in 2011/0059(CNS).)

Amendment 82

Proposal for a regulation

Article 25

| Text proposed by the Commission | Amendment |
| --- | --- |
| Under no circumstances may a
  foreign
  decision be reviewed as to its substance. | Under no circumstances may a decision
  given in a Member State
  be reviewed as to its substance. |

Text proposed by the Commission

Amendment

Under no circumstances may a
  foreign
  decision be reviewed as to its substance.

Under no circumstances may a decision
  given in a Member State
  be reviewed as to its substance.

(Corresponds to Article 41 of Regulation (EU) No 650/2012 and AM 80 of the report in 2011/0059(CNS).)

Amendment 83

Proposal for a regulation

Article 26

| Text proposed by the Commission | Amendment |
| --- | --- |
| A court of a Member State in which recognition
  is sought
  of a decision given in another Member State may stay the proceedings if an ordinary appeal against the decision has been lodged. | A court of a Member State in which recognition of a decision given in another Member State
  is sought
  may stay the proceedings if an ordinary appeal against the decision has been lodged
  in the Member State of origin
  . |

Text proposed by the Commission

Amendment

A court of a Member State in which recognition
  is sought
  of a decision given in another Member State may stay the proceedings if an ordinary appeal against the decision has been lodged.

A court of a Member State in which recognition of a decision given in another Member State
  is sought
  may stay the proceedings if an ordinary appeal against the decision has been lodged
  in the Member State of origin
  .

(Corresponds to Article 42 of Regulation (EU) No 650/2012 and AM 81 of the report in 2011/0059(CNS).)

Amendment 84

Proposal for a regulation

Article 27

| Text proposed by the Commission | Amendment |
| --- | --- |
| Decisions given
  and enforceable
  in a Member State and court settlements shall be
  enforced
  in
  the other Member States
  in accordance with Articles
  [38 to 56 and 58] of Regulation (EC) No 44/2001
  . | Decisions given in a Member State
  and enforceable in that State
  and court settlements shall be
  enforceable
  in
  another Member State if, on the application of any interested party, they have been declared enforceable there
  in accordance with
  the procedure provided for in
  Articles
  27b to 27o. |

Text proposed by the Commission

Amendment

Decisions given
  and enforceable
  in a Member State and court settlements shall be
  enforced
  in
  the other Member States
  in accordance with Articles
  [38 to 56 and 58] of Regulation (EC) No 44/2001
  .

Decisions given in a Member State
  and enforceable in that State
  and court settlements shall be
  enforceable
  in
  another Member State if, on the application of any interested party, they have been declared enforceable there
  in accordance with
  the procedure provided for in
  Articles
  27b to 27o.

(Corresponds to Article 43 of Regulation (EU) No 650/2012 and AM 82 of the report in 2011/0059(CNS).)

Amendment 85

Proposal for a regulation

Article 27 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 27a |
| | Determination of domicile |
| | To determine whether, for the purposes of the procedure provided for in Articles 27b to 27o, a party is domiciled in the Member State of enforcement, the court seised shall apply the internal law of that Member State. |

Text proposed by the Commission

Amendment

Article 27a

Determination of domicile

To determine whether, for the purposes of the procedure provided for in Articles 27b to 27o, a party is domiciled in the Member State of enforcement, the court seised shall apply the internal law of that Member State.

(Corresponds to Article 44 of Regulation (EU) No 650/2012 and AM 83 of the report in 2011/0059(CNS).)

Amendment 86

Proposal for a regulation

Article 27 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 27b |
| | Jurisdiction of local courts |
| | 1.
     
  The application for a declaration of enforceability shall be submitted to the court or competent authority of the Member State of enforcement notified by that Member State to the Commission in accordance with Article 33. |
| | 2.
     
  The local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement. |

Text proposed by the Commission

Amendment

Article 27b

Jurisdiction of local courts

1.
     
  The application for a declaration of enforceability shall be submitted to the court or competent authority of the Member State of enforcement notified by that Member State to the Commission in accordance with Article 33.

2.
     
  The local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement.

(Corresponds to Article 45 of Regulation (EU) No 650/2012 and AM 84 of the report in 2011/0059(CNS).)

Amendment 87

Proposal for a regulation

Article 27 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 27c |
| | Procedure |
| | 1.
     
  The application procedure shall be governed by the law of the Member State of enforcement. |
| | 2.
     
  The applicant shall not be required to have a postal address or an authorised representative in the Member State of enforcement. |
| | 3.
     
  The application shall be accompanied by the following documents: |
| | (a) | a copy of the decision which satisfies the conditions necessary to establish its authenticity; |

Text proposed by the Commission

Amendment

Article 27c

Procedure

1.
     
  The application procedure shall be governed by the law of the Member State of enforcement.

2.
     
  The applicant shall not be required to have a postal address or an authorised representative in the Member State of enforcement.

3.
     
  The application shall be accompanied by the following documents:

(a)

a copy of the decision which satisfies the conditions necessary to establish its authenticity;

| (b) | the attestation issued by the court or competent authority of the Member State of origin using the form to be established in accordance with the advisory procedure referred to in Article 33c(2), without prejudice to Article 27d. |
| --- | --- |

(b)

the attestation issued by the court or competent authority of the Member State of origin using the form to be established in accordance with the advisory procedure referred to in Article 33c(2), without prejudice to Article 27d.

(Corresponds to Article 46 of Regulation (EU) No 650/2012 and AM 85 of the report in 2011/0059(CNS).)

Amendment 88

Proposal for a regulation

Article 27 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 27d |
| | Non-production of the attestation |
| | 1.
     
  If the attestation referred to in point (b) of Article 27c(3) is not produced, the court or competent authority may specify a deadline for its production or accept an equivalent document or, if it considers that it has sufficient information before it, dispense with its production. |
| | 2.
     
  If the court or competent authority so requires, a translation of the documents shall be produced. The translation shall be done by a person qualified to do translations in one of the Member States. |

Text proposed by the Commission

Amendment

Article 27d

Non-production of the attestation

1.
     
  If the attestation referred to in point (b) of Article 27c(3) is not produced, the court or competent authority may specify a deadline for its production or accept an equivalent document or, if it considers that it has sufficient information before it, dispense with its production.

2.
     
  If the court or competent authority so requires, a translation of the documents shall be produced. The translation shall be done by a person qualified to do translations in one of the Member States.

(Corresponds to Article 47 of Regulation (EU) No 650/2012 and AM 86 of the report in 2011/0059(CNS).)

Amendment 89

Proposal for a regulation

Article 27 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 27e |
| | Declaration of enforceability |
| | The decision shall be declared enforceable immediately on completion of the formalities in Article 27c without any review under Article 22. The party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application. |

Text proposed by the Commission

Amendment

Article 27e

Declaration of enforceability

The decision shall be declared enforceable immediately on completion of the formalities in Article 27c without any review under Article 22. The party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application.

(Corresponds to Article 48 of Regulation (EU) No 650/2012 and AM 87 of the report in 2011/0059(CNS).)

Amendment 90

Proposal for a regulation

Article 27 f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 27f |
| | Notice of the decision on the application for a declaration of enforceability |
| | 1.
     
  The decision on the application for a declaration of enforceability shall forthwith be brought to the notice of the applicant in accordance with the procedure laid down by the law of the Member State of enforcement. |
| | 2.
     
  The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the decision, if not already served on that party. |

Text proposed by the Commission

Amendment

Article 27f

Notice of the decision on the application for a declaration of enforceability

1.
     
  The decision on the application for a declaration of enforceability shall forthwith be brought to the notice of the applicant in accordance with the procedure laid down by the law of the Member State of enforcement.

2.
     
  The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the decision, if not already served on that party.

(Corresponds to Article 49 of Regulation (EU) No 650/2012 and AM 88 of the report in 2011/0059(CNS).)

Amendment 91

Proposal for a regulation

Article 27 g (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 27 g |
| | Appeal against the decision on the application for a declaration of enforceability |
| | 1.
     
  The decision on the application for a declaration of enforceability may be appealed against by either party. |
| | 2.
     
  The appeal shall be lodged with the court communicated by the Member State concerned to the Commission in accordance with Article 33. |
| | 3.
     
  The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters. |
| | 4.
     
  If the party against whom enforcement is sought fails to appear before the appellate court in proceedings concerning an appeal brought by the applicant, Article 11 shall apply, even where the party against whom enforcement is sought is not domiciled in any of the Member States. |
| | 5.
     
  An appeal against the declaration of enforceability shall be lodged within 30 days of service thereof. If the party against whom enforcement is sought is domiciled in a Member State other than that in which the declaration of enforceability was given, the time for appealing shall be 60 days and shall run from the date of service, either on him or her in person or at his or her residence. No extension may be granted on account of distance. |

Text proposed by the Commission

Amendment

Article 27 g

Appeal against the decision on the application for a declaration of enforceability

1.
     
  The decision on the application for a declaration of enforceability may be appealed against by either party.

2.
     
  The appeal shall be lodged with the court communicated by the Member State concerned to the Commission in accordance with Article 33.

3.
     
  The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters.

4.
     
  If the party against whom enforcement is sought fails to appear before the appellate court in proceedings concerning an appeal brought by the applicant, Article 11 shall apply, even where the party against whom enforcement is sought is not domiciled in any of the Member States.

5.
     
  An appeal against the declaration of enforceability shall be lodged within 30 days of service thereof. If the party against whom enforcement is sought is domiciled in a Member State other than that in which the declaration of enforceability was given, the time for appealing shall be 60 days and shall run from the date of service, either on him or her in person or at his or her residence. No extension may be granted on account of distance.

(Corresponds to Article 50 of Regulation (EU) No 650/2012 and AM 89 of the report in 2011/0059(CNS).)

Amendment 92

Proposal for a regulation

Article 27 h (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 27h |
| | Procedure to contest the decision given on appeal |
| | The decision given on the appeal may be contested only by the procedure communicated by the Member State concerned to the Commission in accordance with Article 33. |

Text proposed by the Commission

Amendment

Article 27h

Procedure to contest the decision given on appeal

The decision given on the appeal may be contested only by the procedure communicated by the Member State concerned to the Commission in accordance with Article 33.

(Corresponds to Article 51 of Regulation (EU) No 650/2012 and AM 90 of the report in 2011/0059(CNS).)

Amendment 93

Proposal for a regulation

Article 27 i (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 27i |
| | Refusal or revocation of a declaration of enforceability |
| | The court with which an appeal is lodged under Article 27 g or Article 27h shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Article 22. It shall give its decision without delay. |

Text proposed by the Commission

Amendment

Article 27i

Refusal or revocation of a declaration of enforceability

The court with which an appeal is lodged under Article 27 g or Article 27h shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Article 22. It shall give its decision without delay.

(Corresponds to Article 52 of Regulation (EU) No 650/2012 and AM 91 of the report in 2011/0059(CNS).)

Amendment 94

Proposal for a regulation

Article 27 j (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 27j |
| | Staying of proceedings |
| | The court with which an appeal is lodged under Article 27 g or Article 27h shall, on the application of the party against whom enforcement is sought, stay the proceedings if the enforceability of the decision is suspended in the Member State of origin by reason of an appeal. |

Text proposed by the Commission

Amendment

Article 27j

Staying of proceedings

The court with which an appeal is lodged under Article 27 g or Article 27h shall, on the application of the party against whom enforcement is sought, stay the proceedings if the enforceability of the decision is suspended in the Member State of origin by reason of an appeal.

(Corresponds to Article 52 of Regulation (EU) No 650/2012 and AM 92 of the report in 2011/0059(CNS).)

Amendment 95

Proposal for a regulation

Article 27 k (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 27k |
| | Provisional, including protective, measures |
| | 1.
     
  When a decision must be recognised in accordance with this Section, nothing shall prevent the applicant from availing himself or herself of provisional, including protective, measures in accordance with the law of the Member State of enforcement without a declaration of enforceability under Article 27e being required. |
| | 2.
     
  The declaration of enforceability shall carry with it by operation of law the power to proceed to any protective measures. |
| | 3.
     
  During the time specified for an appeal pursuant to Article 27 g(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought. |

Text proposed by the Commission

Amendment

Article 27k

Provisional, including protective, measures

1.
     
  When a decision must be recognised in accordance with this Section, nothing shall prevent the applicant from availing himself or herself of provisional, including protective, measures in accordance with the law of the Member State of enforcement without a declaration of enforceability under Article 27e being required.

2.
     
  The declaration of enforceability shall carry with it by operation of law the power to proceed to any protective measures.

3.
     
  During the time specified for an appeal pursuant to Article 27 g(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought.

(Corresponds to Article 54 of Regulation (EU) No 650/2012 and AM 93 of the report in 2011/0059(CNS).)

Amendment 96

Proposal for a regulation

Article 27 l (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 27l |
| | Partial enforceability |
| | 1.
     
  Where a decision has been given in respect of several matters and the declaration of enforceability cannot be given for all of them, the court or competent authority shall give it for one or more of them. |
| | 2.
     
  An applicant may request a declaration of enforceability limited to parts of a decision. |

Text proposed by the Commission

Amendment

Article 27l

Partial enforceability

1.
     
  Where a decision has been given in respect of several matters and the declaration of enforceability cannot be given for all of them, the court or competent authority shall give it for one or more of them.

2.
     
  An applicant may request a declaration of enforceability limited to parts of a decision.

(Corresponds to Article 55 of Regulation (EU) No 650/2012 and AM 94 of the report in 2011/0059(CNS).)

Amendment 97

Proposal for a regulation

Article 27 m (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 27m |
| | Legal aid |
| | An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in any proceedings for a declaration of enforceability, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the Member State of enforcement. |

Text proposed by the Commission

Amendment

Article 27m

Legal aid

An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in any proceedings for a declaration of enforceability, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the Member State of enforcement.

(Corresponds to Article 56 of Regulation (EU) No 650/2012 and AM 95 of the report in 2011/0059(CNS).)

Amendment 98

Proposal for a regulation

Article 27 n (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 27n |
| | No security, bond or deposit |
| | No security, bond or deposit, however described, shall be required of a party who in one Member State applies for recognition, enforceability or enforcement of a decision given in another Member State on the ground that he or she is a foreign national or that he or she is not domiciled or resident in the Member State of enforcement. |

Text proposed by the Commission

Amendment

Article 27n

No security, bond or deposit

No security, bond or deposit, however described, shall be required of a party who in one Member State applies for recognition, enforceability or enforcement of a decision given in another Member State on the ground that he or she is a foreign national or that he or she is not domiciled or resident in the Member State of enforcement.

(Corresponds to Article 57 of Regulation (EU) No 650/2012 and AM 96 of the report in 2011/0059(CNS).)

Amendment 99

Proposal for a regulation

Article 27 o (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 27o |
| | No charge, duty or fee |
| | In proceedings for the issue of a declaration of enforceability, no charge, duty or fee calculated by reference to the value of the matter at issue may be levied in the Member State of enforcement. |

Text proposed by the Commission

Amendment

Article 27o

No charge, duty or fee

In proceedings for the issue of a declaration of enforceability, no charge, duty or fee calculated by reference to the value of the matter at issue may be levied in the Member State of enforcement.

(Corresponds to Article 58 of Regulation (EU) No 650/2012 and AM 97 of the report in 2011/0059(CNS).)

Amendment 100

Proposal for a regulation

Article 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| Recognition
  of authentic instruments | Acceptance
  of authentic instruments |
| 1.   Authentic instruments
  drawn up
  in a Member State shall
  be recognised
  in
  the other
  Member
  States, unless their validity is disputed in accordance with the applicable law, and
  provided
  such recognition
  is not manifestly contrary to public policy in the Member State
  addressed
  . | 1.   Authentic instruments
  established
  in a Member State shall
  have the same evidentiary effects
  in
  another
  Member
  State as they have in the Member State of origin or the most comparable effects
  , provided
  this
  is not manifestly contrary to public policy in the Member State
  concerned
  . |
| | A person wishing to use an authentic instrument in another Member State may ask the authority establishing the authentic instrument in the Member State of origin to fill in the form to be established in accordance with the advisory procedure referred to in Article 33(2) describing the evidentiary effects which the authentic instrument produces in the Member State of origin. |
| | 1a.
     
  Any challenge relating to the authenticity of an authentic instrument shall be made before the courts of the Member State of origin and shall be decided upon under the law of that State. The authentic instrument challenged shall not produce any evidentiary effect in another Member State as long as the challenge is pending before the competent court. |
| | 1b.
     
  Any challenge relating to the legal acts or legal relationships recorded in an authentic instrument shall be made before the courts having jurisdiction under this Regulation and shall be decided upon under the law applicable pursuant to Chapter III or the law referred to in Article 32. The authentic instrument challenged shall not produce any evidentiary effect in a Member State other than the Member State of origin as regards the matter being challenged as long as the challenge is pending before the competent court. |
| | 1c.
     
  If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question relating to the legal acts or legal relationships recorded in an authentic instrument in property regime matters, that court shall have jurisdiction over that question. |
| 2.
     
  The recognition of authentic instruments confers on them evidentiary effect with regard to their contents and a presumption of validity. | |

Text proposed by the Commission

Amendment

Recognition
  of authentic instruments

Acceptance
  of authentic instruments

1.   Authentic instruments
  drawn up
  in a Member State shall
  be recognised
  in
  the other
  Member
  States, unless their validity is disputed in accordance with the applicable law, and
  provided
  such recognition
  is not manifestly contrary to public policy in the Member State
  addressed
  .

1.   Authentic instruments
  established
  in a Member State shall
  have the same evidentiary effects
  in
  another
  Member
  State as they have in the Member State of origin or the most comparable effects
  , provided
  this
  is not manifestly contrary to public policy in the Member State
  concerned
  .

A person wishing to use an authentic instrument in another Member State may ask the authority establishing the authentic instrument in the Member State of origin to fill in the form to be established in accordance with the advisory procedure referred to in Article 33(2) describing the evidentiary effects which the authentic instrument produces in the Member State of origin.

1a.
     
  Any challenge relating to the authenticity of an authentic instrument shall be made before the courts of the Member State of origin and shall be decided upon under the law of that State. The authentic instrument challenged shall not produce any evidentiary effect in another Member State as long as the challenge is pending before the competent court.

1b.
     
  Any challenge relating to the legal acts or legal relationships recorded in an authentic instrument shall be made before the courts having jurisdiction under this Regulation and shall be decided upon under the law applicable pursuant to Chapter III or the law referred to in Article 32. The authentic instrument challenged shall not produce any evidentiary effect in a Member State other than the Member State of origin as regards the matter being challenged as long as the challenge is pending before the competent court.

1c.
     
  If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question relating to the legal acts or legal relationships recorded in an authentic instrument in property regime matters, that court shall have jurisdiction over that question.

2.
     
  The recognition of authentic instruments confers on them evidentiary effect with regard to their contents and a presumption of validity.

(Corresponds to Article 59 of Regulation (EU) No 650/2012 and AM 98 of the report in 2011/0059(CNS).)

Amendment 101

Proposal for a regulation

Article 29 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Authentic instruments
  drawn up and
  enforceable in
  one
  Member State shall
  , on request,
  be declared enforceable in another Member State
  following
  the procedure
  set out
  in Articles
  [38 to 57] of Regulation (EC) No 44/2001
  . | 1.   
  An
  authentic
  instrument which is
  enforceable in
  the
  Member State
  of origin
  shall be declared enforceable in another Member State
  on the application of any interested party in accordance with
  the procedure
  provided for
  in Articles
  27b
  to
  27o
  . |
| | 1a.
     
  For the purposes of point (b) of Article 27c(3), the authority which established the authentic instrument shall, on the application of any interested party, issue an attestation using the form to be established in accordance with the advisory procedure referred to in Article 33(2). |
| 2.   The court with which an appeal is lodged under
  Articles [43 and 44] of Regulation (EC) No 44/2001 may
  refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the Member State
  addressed
  . | 2.   The court with which an appeal is lodged under
  Article 27 g or Article 27h shall
  refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the Member State
  of enforcement
  . |

Text proposed by the Commission

Amendment

1.   Authentic instruments
  drawn up and
  enforceable in
  one
  Member State shall
  , on request,
  be declared enforceable in another Member State
  following
  the procedure
  set out
  in Articles
  [38 to 57] of Regulation (EC) No 44/2001
  .

1.   
  An
  authentic
  instrument which is
  enforceable in
  the
  Member State
  of origin
  shall be declared enforceable in another Member State
  on the application of any interested party in accordance with
  the procedure
  provided for
  in Articles
  27b
  to
  27o
  .

1a.
     
  For the purposes of point (b) of Article 27c(3), the authority which established the authentic instrument shall, on the application of any interested party, issue an attestation using the form to be established in accordance with the advisory procedure referred to in Article 33(2).

2.   The court with which an appeal is lodged under
  Articles [43 and 44] of Regulation (EC) No 44/2001 may
  refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the Member State
  addressed
  .

2.   The court with which an appeal is lodged under
  Article 27 g or Article 27h shall
  refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the Member State
  of enforcement
  .

(Corresponds to Article 60 of Regulation (EU) No 650/2012 and AM 99 of the report in 2011/0059(CNS).)

Amendment 102

Proposal for a regulation

Article 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| Recognition and enforceability of court settlements | Enforceability of court settlements |
| Court settlements
  that
  are enforceable in the Member State of origin shall be
  recognised and
  declared enforceable in another Member State
  at the request
  of any interested party
  under the same conditions as authentic instruments
  . The court with which an appeal is lodged under Article [42 or 44] of Regulation (EC) No 44/2001 may refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to public policy in the Member State
  addressed
  . | 1.
     Court settlements
  which
  are enforceable in the Member State of origin shall be declared enforceable in another Member State
  on the application
  of any interested party
  in accordance with the procedure provided for in Articles 27b to 27o
  . |
| | 1a.
     
  For the purposes of point (b) of Article 27c(3), the court which approved the settlement or before which it was concluded shall, on the application of any interested party, issue an attestation using the form to be established in accordance with the advisory procedure referred to in Article 33c(2). |
| | 1b.
     The court with which an appeal is lodged under
  Article 27 g or Article 27h shall
  refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to
  the
  public policy
  (ordre public) of
  the Member State
  of enforcement. |

Text proposed by the Commission

Amendment

Recognition and enforceability of court settlements

Enforceability of court settlements

Court settlements
  that
  are enforceable in the Member State of origin shall be
  recognised and
  declared enforceable in another Member State
  at the request
  of any interested party
  under the same conditions as authentic instruments
  . The court with which an appeal is lodged under Article [42 or 44] of Regulation (EC) No 44/2001 may refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to public policy in the Member State
  addressed
  .

1.
     Court settlements
  which
  are enforceable in the Member State of origin shall be declared enforceable in another Member State
  on the application
  of any interested party
  in accordance with the procedure provided for in Articles 27b to 27o
  .

1a.
     
  For the purposes of point (b) of Article 27c(3), the court which approved the settlement or before which it was concluded shall, on the application of any interested party, issue an attestation using the form to be established in accordance with the advisory procedure referred to in Article 33c(2).

1b.
     The court with which an appeal is lodged under
  Article 27 g or Article 27h shall
  refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to
  the
  public policy
  (ordre public) of
  the Member State
  of enforcement.

(Corresponds to Article 61 of Regulation (EU) No 650/2012 and AM 100 of the report in 2011/0059(CNS).)

Amendment 103

Proposal for a regulation

Article 31 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Effects in respect of
  third parties | Protection of
  third parties |

Text proposed by the Commission

Amendment

Effects in respect of
  third parties

Protection of
  third parties

(Corresponds AM 101 of the report in 2011/0059(CNS).)

Amendment 104

Proposal for a regulation

Article 31 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The property consequences of a registered partnership for a legal relationship between a partner and a third party are governed by the law
  of the State where the partnership was registered in accordance with Article 15
  . | 1.   The property consequences of a registered partnership for a legal relationship between a partner and a third party are governed by the law
  applicable to property regimes of registered partnerships under this Regulation
  . |

Text proposed by the Commission

Amendment

1.   The property consequences of a registered partnership for a legal relationship between a partner and a third party are governed by the law
  of the State where the partnership was registered in accordance with Article 15
  .

1.   The property consequences of a registered partnership for a legal relationship between a partner and a third party are governed by the law
  applicable to property regimes of registered partnerships under this Regulation
  .

Amendment 105

Proposal for a regulation

Article 31 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   However,
  the law of a Member State may provide that
  the law applicable
  may not be relied on by a partner in dealings with a third party if one or other of the partners or
  the third party
  has
  their habitual residence in the
  territory of that Member
  State
  and the conditions of disclosure or registration provided for in the law of that State are
  not
  satisfied, unless the third party was aware of or ought to have been aware of
  the law applicable to the property
  consequences
  of the registered partnership. | 2.   However,
  in a legal relationship between a partner and a third party, neither of the partners may rely on
  the law applicable
  to the property regime of a registered partnership if the partner in a legal relationship with
  the third party
  and the third party have
  their habitual residence in the
  same
  State,
  which is
  not the
  State whose
  law
  is
  applicable to the property
  regime
  of the registered partnership.
  In such cases, the law of the Member State where the partner concerned and the third party have their habitual residence shall apply to the effects of the property regime on the third party. |

Text proposed by the Commission

Amendment

2.   However,
  the law of a Member State may provide that
  the law applicable
  may not be relied on by a partner in dealings with a third party if one or other of the partners or
  the third party
  has
  their habitual residence in the
  territory of that Member
  State
  and the conditions of disclosure or registration provided for in the law of that State are
  not
  satisfied, unless the third party was aware of or ought to have been aware of
  the law applicable to the property
  consequences
  of the registered partnership.

2.   However,
  in a legal relationship between a partner and a third party, neither of the partners may rely on
  the law applicable
  to the property regime of a registered partnership if the partner in a legal relationship with
  the third party
  and the third party have
  their habitual residence in the
  same
  State,
  which is
  not the
  State whose
  law
  is
  applicable to the property
  regime
  of the registered partnership.
  In such cases, the law of the Member State where the partner concerned and the third party have their habitual residence shall apply to the effects of the property regime on the third party.

(Corresponds AM 102 of the report in 2011/0059(CNS).)

Amendment 106

Proposal for a regulation

Article 31 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   
  The law of the Member State in which immovable property is located may provide for a similar rule to that laid down in paragraph 2 in respect of the legal relationship between a partner and a third party in respect of that property. | 3.   
  Paragraph 2 shall not apply if: |
| | (a) | the third party was aware, or ought to have been aware, of the law applicable to the property regime of a registered partnership; |

Text proposed by the Commission

Amendment

3.   
  The law of the Member State in which immovable property is located may provide for a similar rule to that laid down in paragraph 2 in respect of the legal relationship between a partner and a third party in respect of that property.

3.   
  Paragraph 2 shall not apply if:

(a)

the third party was aware, or ought to have been aware, of the law applicable to the property regime of a registered partnership;

| (b) | the requirements concerning registration or disclosure of the property regime of the registered partnership in accordance with the law of the State of the habitual residence of the third party and the partner in a legal relationship with the third party were fulfilled, or |
| --- | --- |

(b)

the requirements concerning registration or disclosure of the property regime of the registered partnership in accordance with the law of the State of the habitual residence of the third party and the partner in a legal relationship with the third party were fulfilled, or

| (c) | in dealings concerning immovable property, the requirements concerning registration or disclosure of the property regime of the registered partnership in respect of the immovable property in accordance with the law of the State of the location of the immovable property were fulfilled. |
| --- | --- |

(c)

in dealings concerning immovable property, the requirements concerning registration or disclosure of the property regime of the registered partnership in respect of the immovable property in accordance with the law of the State of the location of the immovable property were fulfilled.

(Corresponds AM 103 of the report in 2011/0059(CNS).)

Amendment 107

Proposal for a regulation

Article - 32 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article - 32 |
| | Habitual residence |
| | 1.
     
  For the purposes of this Regulation, the habitual residence of companies, associations and legal persons shall be the place of their central administration. The habitual residence of natural persons acting in the course of their business activities shall be their principal place of business. |
| | 2.
     
  Where the legal relationship is concluded in the course of the operations of a branch, agency or any other establishment, or if, under the contract, performance is the responsibility of such branch, agency or establishment, the place where the branch, agency or any other establishment is located shall be treated as the place of habitual residence. |
| | 3.
     
  For the purposes of determining the habitual residence, the relevant point in time shall be the time of conclusion of the legal relationship. |

Text proposed by the Commission

Amendment

Article - 32

Habitual residence

1.
     
  For the purposes of this Regulation, the habitual residence of companies, associations and legal persons shall be the place of their central administration. The habitual residence of natural persons acting in the course of their business activities shall be their principal place of business.

2.
     
  Where the legal relationship is concluded in the course of the operations of a branch, agency or any other establishment, or if, under the contract, performance is the responsibility of such branch, agency or establishment, the place where the branch, agency or any other establishment is located shall be treated as the place of habitual residence.

3.
     
  For the purposes of determining the habitual residence, the relevant point in time shall be the time of conclusion of the legal relationship.

(Corresponds AM 104 of the report in 2011/0059(CNS).)

Amendment 108

Proposal for a regulation

Article 33 — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the names and contact details of the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 27b(1) and with appeals against decisions on such applications in accordance with Article 27 g(2); |

Text proposed by the Commission

Amendment

(ba)

the names and contact details of the courts or authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 27b(1) and with appeals against decisions on such applications in accordance with Article 27 g(2);

(Corresponds to Article 78(1), point (a), of Regulation (EU) No 650/2012 and AM 105 of the report in 2011/0059(CNS).)

Amendment 109

Proposal for a regulation

Article 33 — paragraph 1 — point b b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (bb) | the procedures to contest the decision given on appeal referred to in Article 27h. |

Text proposed by the Commission

Amendment

(bb)

the procedures to contest the decision given on appeal referred to in Article 27h.

Amendment 110

Proposal for a regulation

Article 33 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Member States shall
  notify
  the Commission of any subsequent changes
  in
  this information. | 2.   Member States shall
  apprise
  the Commission of any subsequent changes
  to
  this information. |

Text proposed by the Commission

Amendment

2.   Member States shall
  notify
  the Commission of any subsequent changes
  in
  this information.

2.   Member States shall
  apprise
  the Commission of any subsequent changes
  to
  this information.

Amendment 111

Proposal for a regulation

Article 33 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available by appropriate means, in particular through the multilingual internet site of the European Judicial Network in civil and commercial matters. | 3.   The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available
  in a simple manner
  by appropriate means, in particular through the multilingual internet site of the European Judicial Network in civil and commercial matters. |
| | The Member States shall ensure that the information on that multilingual website is also accessible through any official website they set up, in particular by providing a link to the Commission website. |

Text proposed by the Commission

Amendment

3.   The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available by appropriate means, in particular through the multilingual internet site of the European Judicial Network in civil and commercial matters.

3.   The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available
  in a simple manner
  by appropriate means, in particular through the multilingual internet site of the European Judicial Network in civil and commercial matters.

The Member States shall ensure that the information on that multilingual website is also accessible through any official website they set up, in particular by providing a link to the Commission website.

(Corresponds to Article 78(3) of Regulation (EU) No 650/2012 and AM 108 of the report in 2011/0059(CNS).)

Amendment 112

Proposal for a regulation

Article 33 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  The Commission shall introduce an information and training tool for the relevant court officials and legal practitioners by setting up an interactive portal in all official languages of the institutions of the Union, including a system for sharing professional expertise and practices. |

Text proposed by the Commission

Amendment

3a.
     
  The Commission shall introduce an information and training tool for the relevant court officials and legal practitioners by setting up an interactive portal in all official languages of the institutions of the Union, including a system for sharing professional expertise and practices.

(Corresponds to AM 109 of the report in 2011/0059(CNS).)

Amendment 113

Proposal for a regulation

Article 33 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 33a |
| | Establishment and subsequent amendment of the list containing the information referred to in Article 2(1a) |
| | 1.
     
  The Commission shall, on the basis of the notifications by the Member States, establish the list of the other authorities and legal professionals referred to in Article 2(1a). |
| | 2.
     
  The Member States shall notify the Commission of any subsequent changes to the information contained in that list. The Commission shall amend the list accordingly. |
| | 3.
     
  The Commission shall publish the list and any subsequent amendments in the Official Journal of the European Union. |
| | 4.
     
  The Commission shall make all information notified in accordance with paragraphs 1 and 2 publicly available through any other appropriate means, in particular through the European Judicial Network in civil and commercial matters. |

Text proposed by the Commission

Amendment

Article 33a

Establishment and subsequent amendment of the list containing the information referred to in Article 2(1a)

1.
     
  The Commission shall, on the basis of the notifications by the Member States, establish the list of the other authorities and legal professionals referred to in Article 2(1a).

2.
     
  The Member States shall notify the Commission of any subsequent changes to the information contained in that list. The Commission shall amend the list accordingly.

3.
     
  The Commission shall publish the list and any subsequent amendments in the Official Journal of the European Union.

4.
     
  The Commission shall make all information notified in accordance with paragraphs 1 and 2 publicly available through any other appropriate means, in particular through the European Judicial Network in civil and commercial matters.

(Corresponds to Article 79 of Regulation (EU) No 650/2012 and AM 110 of the report in 2011/0059(CNS).)

Amendment 114

Proposal for a regulation

Article 33 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 33b |
| | Establishment and subsequent amendment of the attestations and forms referred to in Articles 27c, 28, 29 and 30 |
| | The Commission shall adopt implementing acts establishing and/or subsequently amending the attestations and forms referred to in Articles 27c, 28, 29 and 30. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 33c(2). |

Text proposed by the Commission

Amendment

Article 33b

Establishment and subsequent amendment of the attestations and forms referred to in Articles 27c, 28, 29 and 30

The Commission shall adopt implementing acts establishing and/or subsequently amending the attestations and forms referred to in Articles 27c, 28, 29 and 30. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 33c(2).

(Corresponds to Article 80 of Regulation (EU) No 650/2012 and AM 111 of the report in 2011/0059(CNS).)

Amendment 115

Proposal for a regulation

Article 33 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 33c |
| | Committee procedure |
| | 1.
     
  The Commission shall be assisted by a committee. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011. |
| | 2.
     
  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. |

Text proposed by the Commission

Amendment

Article 33c

Committee procedure

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

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

(Corresponds to Article 81 of Regulation (EU) No 650/2012 and AM 112 of the report in 2011/0059(CNS).)

Amendment 116

Proposal for a regulation

Article 34 — paragraph 1 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The Commission shall investigate the following issues in its reports: |
| | — | the use made by registered partnerships of the opportunities to agree on the choice of law and court and its practical impact, |

Text proposed by the Commission

Amendment

The Commission shall investigate the following issues in its reports:

—

the use made by registered partnerships of the opportunities to agree on the choice of law and court and its practical impact,

| — | the effectiveness of the advisory requirement in the choice of law, |
| --- | --- |

—

the effectiveness of the advisory requirement in the choice of law,

| — | the use made of the possibility of lack of jurisdiction by the courts of those Member States which do not recognise the institution of registered partnership, and the practical impact of this, and |
| --- | --- |

—

the use made of the possibility of lack of jurisdiction by the courts of those Member States which do not recognise the institution of registered partnership, and the practical impact of this, and

| — | the potential for further convergence of the rules laid down in this Regulation with those laid down in [the Regulation on jurisdiction, applicable law, recognition and enforcement of decisions in matters of matrimonial property regimes], with the objective of increasing equality. |
| --- | --- |

—

the potential for further convergence of the rules laid down in this Regulation with those laid down in [the Regulation on jurisdiction, applicable law, recognition and enforcement of decisions in matters of matrimonial property regimes], with the objective of increasing equality.

Amendment 117

Proposal for a regulation

Article 35 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Chapter III shall apply only to partners who have
  registered their partnership. | 3.   Chapter III shall apply only to
  registered
  partners who
  , following the date of application of this Regulation,
  have |
| | (a) | entered into a registered partnership, or |

Text proposed by the Commission

Amendment

3.   Chapter III shall apply only to partners who have
  registered their partnership.

3.   Chapter III shall apply only to
  registered
  partners who
  , following the date of application of this Regulation,
  have

(a)

entered into a registered partnership, or

| (b) | made a choice of law with respect to the law applicable to their property regime. |
| --- | --- |

(b)

made a choice of law with respect to the law applicable to their property regime.

An agreement on the choice of law made prior to [date of application of this Regulation] shall likewise be valid if it meets the conditions set out in Chapter III or if it is valid under the law applicable in accordance with the relevant rules of private international law at the time when the agreement on the choice of law is concluded.

Where an agreement on the choice of law has been concluded prior to [date of application of this Regulation] in anticipation of the possibility of choosing the law provided for in this Regulation, but that agreement was not valid under the law applicable in accordance with the relevant rules of private international law at the time when the agreement on the choice of law was concluded because no possibility of making a choice of law for registered partnerships existed under the applicable law, that agreement shall be valid as from [date of application of this Regulation].

---

(1)  

  OJ L 201, 27.7.2012, p. 107.

(2)  

  OJ L 55, 28.2.2011, p. 13.

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/251 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/251

---

P7_TA(2013)0338

Matrimonial property regimes *

European Parliament legislative resolution of 10 September 2013 on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes (COM(2011)0126 — C7-0093/2011 — 2011/0059(CNS))

(Special legislative procedure — consultation)

(2016/C 093/33)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2011)0126), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2011)0126),

| — | having regard to Article 81(3) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0093/2011), |
| --- | --- |

—

having regard to Article 81(3) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0093/2011),

| — | having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Italian Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Italian Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality (A7-0253/2013), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality (A7-0253/2013),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

| 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 substantially amend the Commission proposal; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

| 5. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

5.

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

Amendment 1

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | This Regulation covers issues in connection with matrimonial property regimes. It does not define ‘marriage’, which is defined by the national laws of the Member States. |

Text proposed by the Commission

Amendment

(10)

This Regulation covers issues in connection with matrimonial property regimes. It does not define ‘marriage’, which is defined by the national laws of the Member States.

| (10) | This Regulation covers issues in connection with matrimonial property regimes. It does not define ‘marriage’, which is defined by the national laws of the Member States.
  Rather, it adopts a neutral attitude towards that concept. This Regulation does not affect the definition of the concept of marriage in the national law of the Member States. |
| --- | --- |

(10)

This Regulation covers issues in connection with matrimonial property regimes. It does not define ‘marriage’, which is defined by the national laws of the Member States.
  Rather, it adopts a neutral attitude towards that concept. This Regulation does not affect the definition of the concept of marriage in the national law of the Member States.

Amendment 2

Proposal for a regulation

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | The scope of this Regulation should extend to all civil matters in relation to matrimonial property regimes, both the daily management of marital property and the liquidation of the regime, in particular as a result of the couple’s separation or the death of one of the spouses. |

Text proposed by the Commission

Amendment

(11)

The scope of this Regulation should extend to all civil matters in relation to matrimonial property regimes, both the daily management of marital property and the liquidation of the regime, in particular as a result of the couple’s separation or the death of one of the spouses.

| (11) | The scope of this Regulation should extend to all civil matters in relation to matrimonial property regimes, both the daily management of marital property and the liquidation of the regime, in particular as a result of the couple’s separation
  , or divorce
  or the death of one of the spouses. |
| --- | --- |

(11)

The scope of this Regulation should extend to all civil matters in relation to matrimonial property regimes, both the daily management of marital property and the liquidation of the regime, in particular as a result of the couple’s separation
  , or divorce
  or the death of one of the spouses.

(Corresponds to recital 9 in Regulation (EU) No 650/2012.)

Amendment 3

Proposal for a regulation

Recital 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (11a) | This Regulation should not, however, apply to areas of civil law concerning matters other than matrimonial property regimes. For reasons of clarity, therefore, a number of questions which could be seen as having a link with matters of matrimonial property regimes should be explicitly excluded from the scope of this Regulation. |

Text proposed by the Commission

Amendment

(11a)

This Regulation should not, however, apply to areas of civil law concerning matters other than matrimonial property regimes. For reasons of clarity, therefore, a number of questions which could be seen as having a link with matters of matrimonial property regimes should be explicitly excluded from the scope of this Regulation.

(Corresponds to recital 11 in Regulation (EU) No 650/2012.)

Amendment 4

Proposal for a regulation

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | As
  maintenance obligations between spouses are governed by Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations,
  they
  should be excluded from the scope of this Regulation, as should issues relating to
  the validity and effect of gifts
  covered by Regulation
  (EC)
  No
  593/2008
  of the European Parliament and Council
  of 17 June 2008 on the law applicable to contractual obligations (Rome I)
  . |

Text proposed by the Commission

Amendment

(12)

As
  maintenance obligations between spouses are governed by Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations,
  they
  should be excluded from the scope of this Regulation, as should issues relating to
  the validity and effect of gifts
  covered by Regulation
  (EC)
  No
  593/2008
  of the European Parliament and Council
  of 17 June 2008 on the law applicable to contractual obligations (Rome I)
  .

| (12) | Maintenance obligations between spouses
  , which
  are governed by Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, should be excluded from the scope of this Regulation, as should issues relating to
  legal succession in the event of death
  covered by Regulation
  (EU)
  No
  650/2012
  of the European Parliament and
  of the
  Council
  of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession

   (1). |
| --- | --- |

(12)

Maintenance obligations between spouses
  , which
  are governed by Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, should be excluded from the scope of this Regulation, as should issues relating to
  legal succession in the event of death
  covered by Regulation
  (EU)
  No
  650/2012
  of the European Parliament and
  of the
  Council
  of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession

   (1).

Amendment 5

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | Issues relating to the nature of
  rights in rem
  that may exist under
  the national law of Member States
  , and those linked to the disclosure of such rights, should also be excluded from the scope of this Regulation, as they are from Regulation (EU) No ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession. This means that the courts of the Member State in which property of one or both spouses is located may take measures under property law, regarding such things as the recording of a transfer of the property in the public register, where the law of that Member State so provides. |

Text proposed by the Commission

Amendment

(13)

Issues relating to the nature of
  rights in rem
  that may exist under
  the national law of Member States
  , and those linked to the disclosure of such rights, should also be excluded from the scope of this Regulation, as they are from Regulation (EU) No ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession. This means that the courts of the Member State in which property of one or both spouses is located may take measures under property law, regarding such things as the recording of a transfer of the property in the public register, where the law of that Member State so provides.

| (13) | This Regulation — like Regulation (EU) No 650/2012 — should not affect the limited number (‘numerus clausus’) of
  rights in rem
  known in
  the national law of
  some
  Member States
  . A Member State should not be required to recognise a right in rem relating to property located in that Member State if the right in rem in question is not known in its law. |
| --- | --- |

(13)

This Regulation — like Regulation (EU) No 650/2012 — should not affect the limited number (‘numerus clausus’) of
  rights in rem
  known in
  the national law of
  some
  Member States
  . A Member State should not be required to recognise a right in rem relating to property located in that Member State if the right in rem in question is not known in its law.

(Corresponds in part to recital 15 in Regulation (EU) No 650/2012.)

Amendment 6

Proposal for a regulation

Recital 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | However, in order to allow the beneficiaries to enjoy in another Member State the rights which have been created or transferred to them, for example in the context of a dispute concerning a matrimonial property regime, this Regulation should provide for the adaptation of an unknown right in rem to the closest equivalent right in rem under the law of that other Member State. In the context of such an adaptation, account should be taken of the aims and the interests pursued by the specific right in rem and the effects attached to it. For the purposes of determining the closest equivalent national right in rem, the authorities or competent persons of the State whose law applies to the matrimonial property regime may be contacted for further information on the nature and the effects of the right. To that end, the existing networks in the area of judicial cooperation in civil and commercial matters could be used as well as any other available means facilitating the understanding of foreign law. |

Text proposed by the Commission

Amendment

(13a)

However, in order to allow the beneficiaries to enjoy in another Member State the rights which have been created or transferred to them, for example in the context of a dispute concerning a matrimonial property regime, this Regulation should provide for the adaptation of an unknown right in rem to the closest equivalent right in rem under the law of that other Member State. In the context of such an adaptation, account should be taken of the aims and the interests pursued by the specific right in rem and the effects attached to it. For the purposes of determining the closest equivalent national right in rem, the authorities or competent persons of the State whose law applies to the matrimonial property regime may be contacted for further information on the nature and the effects of the right. To that end, the existing networks in the area of judicial cooperation in civil and commercial matters could be used as well as any other available means facilitating the understanding of foreign law.

(Corresponds to recital 16 in Regulation (EU) No 650/2012.)

Amendment 7

Proposal for a regulation

Recital 13 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13b) | The requirements for the recording in a register of a right in immovable or movable property should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept (for immovable property, the lex rei sitae) which determines under what legal conditions and how the recording must be carried out and which authorities, such as land registers or notaries, are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information. |

Text proposed by the Commission

Amendment

(13b)

The requirements for the recording in a register of a right in immovable or movable property should be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept (for immovable property, the lex rei sitae) which determines under what legal conditions and how the recording must be carried out and which authorities, such as land registers or notaries, are in charge of checking that all requirements are met and that the documentation presented or established is sufficient or contains the necessary information.

(Corresponds in part to recital 18 in Regulation (EU) No 650/2012.)

Amendment 8

Proposal for a regulation

Recital 13 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13c) | The effects of the recording of a right in a register should also be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept which determines whether the recording is, for instance, declaratory or constitutive in effect. Thus where, for example, the acquisition of a right in immovable property requires a recording in a register under the law of the Member State in which the register is kept in order to ensure the erga omnes effect of registers or to protect legal transactions, the moment of such acquisition should be governed by the law of that Member State. |

Text proposed by the Commission

Amendment

(13c)

The effects of the recording of a right in a register should also be excluded from the scope of this Regulation. It should therefore be the law of the Member State in which the register is kept which determines whether the recording is, for instance, declaratory or constitutive in effect. Thus where, for example, the acquisition of a right in immovable property requires a recording in a register under the law of the Member State in which the register is kept in order to ensure the erga omnes effect of registers or to protect legal transactions, the moment of such acquisition should be governed by the law of that Member State.

(Corresponds to recital 19 in Regulation (EU) No 650/2012.)

Amendment 9

Proposal for a regulation

Recital 13 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13d) | The term ‘matrimonial property regime’, which determines the scope of this Regulation, should cover all rules concerning property relationships between spouses and in respect of third parties arising from their marriage and after its termination. These include not only the compulsory provisions of the applicable law but also any optional arrangements which the spouses may have agreed in accordance with the applicable law. |

Text proposed by the Commission

Amendment

(13d)

The term ‘matrimonial property regime’, which determines the scope of this Regulation, should cover all rules concerning property relationships between spouses and in respect of third parties arising from their marriage and after its termination. These include not only the compulsory provisions of the applicable law but also any optional arrangements which the spouses may have agreed in accordance with the applicable law.

Amendment 10

Proposal for a regulation

Recital 13 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13e) | Like Regulation (EU) No 650/2012, this Regulation should respect the different systems for dealing with property-regime issues applied in the Member States. For the purposes of this Regulation, the term ‘court’ should therefore be given a broad meaning so as to cover not only courts in the true sense of the word, exercising judicial functions, but also the notaries or registry offices in some Member States who or which, in certain matters of property regimes, exercise judicial functions like courts, and the notaries and legal professionals who, in some Member States, exercise judicial functions in a given property-regime matter by delegation of power by a court. All courts as defined in this Regulation should be bound by the rules of jurisdiction set out in this Regulation. Conversely, the term ‘court’ should not cover non-judicial authorities of a Member State empowered under national law to deal with property regimes, such as the notaries in most Member States where, as is usually the case, they are not exercising judicial functions. |

Text proposed by the Commission

Amendment

(13e)

Like Regulation (EU) No 650/2012, this Regulation should respect the different systems for dealing with property-regime issues applied in the Member States. For the purposes of this Regulation, the term ‘court’ should therefore be given a broad meaning so as to cover not only courts in the true sense of the word, exercising judicial functions, but also the notaries or registry offices in some Member States who or which, in certain matters of property regimes, exercise judicial functions like courts, and the notaries and legal professionals who, in some Member States, exercise judicial functions in a given property-regime matter by delegation of power by a court. All courts as defined in this Regulation should be bound by the rules of jurisdiction set out in this Regulation. Conversely, the term ‘court’ should not cover non-judicial authorities of a Member State empowered under national law to deal with property regimes, such as the notaries in most Member States where, as is usually the case, they are not exercising judicial functions.

(Corresponds to recital 20 in Regulation (EU) No 650/2012.)

Amendment 11

Proposal for a regulation

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | To reflect the increasing mobility of couples during their married life and facilitate the proper administration of justice, the rules on jurisdiction in this Regulation provide that matters of matrimonial property regimes, including liquidation of the regime as a result of divorce, legal separation or marriage annulment, are to be dealt with by the courts of the Member State having jurisdiction to deal with the divorce, separation or marriage annulment proceedings under Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000. |

Text proposed by the Commission

Amendment

(14)

To reflect the increasing mobility of couples during their married life and facilitate the proper administration of justice, the rules on jurisdiction in this Regulation provide that matters of matrimonial property regimes, including liquidation of the regime as a result of divorce, legal separation or marriage annulment, are to be dealt with by the courts of the Member State having jurisdiction to deal with the divorce, separation or marriage annulment proceedings under Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.

| (14) | To reflect the increasing mobility of couples during their married life and facilitate the proper administration of justice, the rules on jurisdiction in this Regulation provide that matters of matrimonial property regimes, including liquidation of the regime as a result of divorce, legal separation or marriage annulment, are to be dealt with by the courts of the Member State having jurisdiction to deal with the divorce, separation or marriage annulment proceedings under Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000
  , if the jurisdiction of the courts concerned has been expressly or in some other manner recognised by the spouses
  . |
| --- | --- |

(14)

To reflect the increasing mobility of couples during their married life and facilitate the proper administration of justice, the rules on jurisdiction in this Regulation provide that matters of matrimonial property regimes, including liquidation of the regime as a result of divorce, legal separation or marriage annulment, are to be dealt with by the courts of the Member State having jurisdiction to deal with the divorce, separation or marriage annulment proceedings under Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000
  , if the jurisdiction of the courts concerned has been expressly or in some other manner recognised by the spouses
  .

Amendment 12

Proposal for a regulation

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | Where matters of matrimonial property regimes are not linked to a divorce, separation or marriage annulment or to the death of a spouse, the spouses may decide to submit questions related to their matrimonial regime to the courts of the Member State of the law they chose as the law applicable to their matrimonial property regime.
  Such a decision is expressed by
  an agreement between the spouses which may be concluded
  at any moment, even during the proceedings
  . |

Text proposed by the Commission

Amendment

(16)

Where matters of matrimonial property regimes are not linked to a divorce, separation or marriage annulment or to the death of a spouse, the spouses may decide to submit questions related to their matrimonial regime to the courts of the Member State of the law they chose as the law applicable to their matrimonial property regime.
  Such a decision is expressed by
  an agreement between the spouses which may be concluded
  at any moment, even during the proceedings
  .

| (16) | Where matters of matrimonial property regimes are not linked to a divorce, separation or marriage annulment or to the death of a spouse, the spouses may decide to submit questions related to their matrimonial regime to the courts of the Member State of the law they chose as the law applicable to their matrimonial property regime.
  This requires
  an agreement between the spouses which may be concluded
  , at the latest, until the matter is put before the court and subsequently as provided for by the lex fori
  . |
| --- | --- |

(16)

Where matters of matrimonial property regimes are not linked to a divorce, separation or marriage annulment or to the death of a spouse, the spouses may decide to submit questions related to their matrimonial regime to the courts of the Member State of the law they chose as the law applicable to their matrimonial property regime.
  This requires
  an agreement between the spouses which may be concluded
  , at the latest, until the matter is put before the court and subsequently as provided for by the lex fori
  .

Amendment 13

Proposal for a regulation

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | This Regulation must allow the territorial jurisdiction of a Member State's courts over applications concerning matrimonial property regimes to be determined in cases other than those of separation of the couple or death of a spouse,
  and must in particular have a forum necessitatis provision to prevent situations where justice is denied
  . |

Text proposed by the Commission

Amendment

(17)

This Regulation must allow the territorial jurisdiction of a Member State's courts over applications concerning matrimonial property regimes to be determined in cases other than those of separation of the couple or death of a spouse,
  and must in particular have a forum necessitatis provision to prevent situations where justice is denied
  .

| (17) | This Regulation must protect the territorial jurisdiction of a Member State's courts over applications concerning matrimonial property regimes to be determined in cases other than those of separation of the couple or death of a spouse,
  in accordance with a set of criteria, listed in order of precedence, designed to ensure the existence of a close link between the spouses and the Member State whose courts have jurisdiction
  . |
| --- | --- |

(17)

This Regulation must protect the territorial jurisdiction of a Member State's courts over applications concerning matrimonial property regimes to be determined in cases other than those of separation of the couple or death of a spouse,
  in accordance with a set of criteria, listed in order of precedence, designed to ensure the existence of a close link between the spouses and the Member State whose courts have jurisdiction
  .

Amendment 14

Proposal for a regulation

Recital 17 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17a) | In order to remedy, in particular, situations of denial of justice, this Regulation should provide a forum necessitatis allowing a court of a Member State, on an exceptional basis, to rule on a matrimonial property case which is closely connected with a third State. Such an exceptional basis may be deemed to exist when proceedings prove impossible in the third State in question, for example because of civil war, or when a beneficiary cannot reasonably be expected to initiate or conduct proceedings in that State. Jurisdiction based on forum necessitatis should, however, be exercised only if the matrimonial property case has a sufficient connection with the Member State of the court seised. |

Text proposed by the Commission

Amendment

(17a)

In order to remedy, in particular, situations of denial of justice, this Regulation should provide a forum necessitatis allowing a court of a Member State, on an exceptional basis, to rule on a matrimonial property case which is closely connected with a third State. Such an exceptional basis may be deemed to exist when proceedings prove impossible in the third State in question, for example because of civil war, or when a beneficiary cannot reasonably be expected to initiate or conduct proceedings in that State. Jurisdiction based on forum necessitatis should, however, be exercised only if the matrimonial property case has a sufficient connection with the Member State of the court seised.

(Corresponds to recital 31 in Regulation (EU) No 650/2012.)

Amendment 15

Proposal for a regulation

Recital 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (21) | Where no applicable law is chosen, and with a view to reconciling predictability and legal certainty with consideration of the life actually lived by the couple, this Regulation must introduce harmonised conflict-of-laws rules to establish the law applicable to all the spouses' property on the basis of a scale of connecting factors. The first common habitual residence of the spouses after marriage should constitute the first criterion, ahead of the law of the spouses' common nationality at the time of their marriage. If neither of these criteria apply, or failing a first common habitual residence in cases where the spouses have dual common nationalities at marriage, the third criterion should be the State with which the spouses have the closest links, taking into account all the circumstances,
  including the place where the marriage was celebrated,
  it being made clear that these links are to be considered as they were at the time the marriage was entered into. |

Text proposed by the Commission

Amendment

(21)

Where no applicable law is chosen, and with a view to reconciling predictability and legal certainty with consideration of the life actually lived by the couple, this Regulation must introduce harmonised conflict-of-laws rules to establish the law applicable to all the spouses' property on the basis of a scale of connecting factors. The first common habitual residence of the spouses after marriage should constitute the first criterion, ahead of the law of the spouses' common nationality at the time of their marriage. If neither of these criteria apply, or failing a first common habitual residence in cases where the spouses have dual common nationalities at marriage, the third criterion should be the State with which the spouses have the closest links, taking into account all the circumstances,
  including the place where the marriage was celebrated,
  it being made clear that these links are to be considered as they were at the time the marriage was entered into.

| (21) | Where no applicable law is chosen, and with a view to reconciling predictability and legal certainty with consideration of the life actually lived by the couple, this Regulation must introduce harmonised conflict-of-laws rules to establish the law applicable to all the spouses' property on the basis of a scale of connecting factors.
  The common habitual residence of the spouses at the time of marriage or
  the first common habitual residence of the spouses after marriage should constitute the first criterion, ahead of the spouses' common nationality at the time of their marriage. If neither of those criteria applies, or failing a first common habitual residence in cases where the spouses have dual common nationalities at marriage, the third criterion should be the State with which the spouses have the closest links, taking into account all the circumstances, it being made clear that those links are to be considered as they were at the time the marriage was entered into. |
| --- | --- |

(21)

Where no applicable law is chosen, and with a view to reconciling predictability and legal certainty with consideration of the life actually lived by the couple, this Regulation must introduce harmonised conflict-of-laws rules to establish the law applicable to all the spouses' property on the basis of a scale of connecting factors.
  The common habitual residence of the spouses at the time of marriage or
  the first common habitual residence of the spouses after marriage should constitute the first criterion, ahead of the spouses' common nationality at the time of their marriage. If neither of those criteria applies, or failing a first common habitual residence in cases where the spouses have dual common nationalities at marriage, the third criterion should be the State with which the spouses have the closest links, taking into account all the circumstances, it being made clear that those links are to be considered as they were at the time the marriage was entered into.

Amendment 16

Proposal for a regulation

Recital 22 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22a) | For the purposes of the application of this Regulation, i.e. where it refers to nationality as a criterion for the application of the law of a State, the question of how to deal with cases of plural nationality and whether a person is to be regarded as a national of a State should be left to national law, or where appropriate also to international agreements, in full observance of the general principles of the European Union. |

Text proposed by the Commission

Amendment

(22a)

For the purposes of the application of this Regulation, i.e. where it refers to nationality as a criterion for the application of the law of a State, the question of how to deal with cases of plural nationality and whether a person is to be regarded as a national of a State should be left to national law, or where appropriate also to international agreements, in full observance of the general principles of the European Union.

Amendment 17

Proposal for a regulation

Recital 24

| Text proposed by the Commission | Amendment |
| --- | --- |
| (24) | Given the importance of choosing the law applicable to the matrimonial property regime, the Regulation must contain some guarantees to ensure that spouses or prospective spouses are aware of the consequences of their choice. This choice should
  be made in the form prescribed for the marriage contract by the law of the State chosen or by that of the State where the instrument is drawn up, and
  at least be in writing and dated and signed by the couple.
  Any additional formal requirements imposed by the law of the State chosen or that of the State where the instrument is drawn up concerning the validity, disclosure or registration of such contracts should be complied with. |

Text proposed by the Commission

Amendment

(24)

Given the importance of choosing the law applicable to the matrimonial property regime, the Regulation must contain some guarantees to ensure that spouses or prospective spouses are aware of the consequences of their choice. This choice should
  be made in the form prescribed for the marriage contract by the law of the State chosen or by that of the State where the instrument is drawn up, and
  at least be in writing and dated and signed by the couple.
  Any additional formal requirements imposed by the law of the State chosen or that of the State where the instrument is drawn up concerning the validity, disclosure or registration of such contracts should be complied with.

| (24) | Given the importance of choosing the law applicable to the matrimonial property regime, this Regulation must contain some guarantees to ensure that spouses or prospective spouses are aware of the consequences of their choice.
  The agreement establishing

  that choice should at least be in writing and dated and signed by the couple.
  The choice should be made in the form prescribed by the law applicable to the matrimonial property regime or the law of the State where the agreement has been concluded. |
| --- | --- |

(24)

Given the importance of choosing the law applicable to the matrimonial property regime, this Regulation must contain some guarantees to ensure that spouses or prospective spouses are aware of the consequences of their choice.
  The agreement establishing

  that choice should at least be in writing and dated and signed by the couple.
  The choice should be made in the form prescribed by the law applicable to the matrimonial property regime or the law of the State where the agreement has been concluded.

Amendment 18

Proposal for a regulation

Recital 24 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (24a) | To take account of certain rules of the Member States, in particular those for protection of the family home and for assigning rights of use in relations between the spouses, this Regulation should not prevent the application of overriding mandatory rules by the court before which a matter is brought, and should therefore allow a Member State to set aside the application of a foreign law in favour of its own. For this purpose ‘overriding mandatory rules’ should refer to imperative provisions, the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, particularly its political, social or economic organisation. In order, for example, to protect the family home, the Member State where the home is located should be permitted to apply its own law, without prejudice to the transaction protection provisions applicable in the Member State concerned, whose precedence is guaranteed by Article 35. |

Text proposed by the Commission

Amendment

(24a)

To take account of certain rules of the Member States, in particular those for protection of the family home and for assigning rights of use in relations between the spouses, this Regulation should not prevent the application of overriding mandatory rules by the court before which a matter is brought, and should therefore allow a Member State to set aside the application of a foreign law in favour of its own. For this purpose ‘overriding mandatory rules’ should refer to imperative provisions, the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, particularly its political, social or economic organisation. In order, for example, to protect the family home, the Member State where the home is located should be permitted to apply its own law, without prejudice to the transaction protection provisions applicable in the Member State concerned, whose precedence is guaranteed by Article 35.

Amendment 19

Proposal for a regulation

Recital 27

| Text proposed by the Commission | Amendment |
| --- | --- |
| (27) | Since mutual recognition of decisions rendered in the Member States is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition and enforcement of decisions on the basis of
  Regulation (EC) No 44/2001, adjusted where necessary to meet the specific requirements of matters covered by this Regulation
  . |

Text proposed by the Commission

Amendment

(27)

Since mutual recognition of decisions rendered in the Member States is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition and enforcement of decisions on the basis of
  Regulation (EC) No 44/2001, adjusted where necessary to meet the specific requirements of matters covered by this Regulation
  .

| (27) | Since mutual recognition of decisions rendered in the Member States
  in matrimonial property cases
  is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition
  , enforceability
  and enforcement of decisions on the basis of
  other legal instruments of the Union in the field of judicial cooperation in civil matters
  . |
| --- | --- |

(27)

Since mutual recognition of decisions rendered in the Member States
  in matrimonial property cases
  is one of the objectives of this Regulation, this Regulation must lay down rules on the recognition
  , enforceability
  and enforcement of decisions on the basis of
  other legal instruments of the Union in the field of judicial cooperation in civil matters
  .

Amendment 20

Proposal for a regulation

Recital 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| (28) | In order to take into account the different
  methods of
  dealing with
  matters of
  matrimonial property
  regimes
  in the Member States, this Regulation
  must
  guarantee the
  recognition
  and
  enforcement
  of authentic instruments.
  Nevertheless, authentic instruments cannot be treated as court decisions with regard to their recognition. The recognition of authentic instruments means that they enjoy the same evidentiary effect with regard to their contents and the same effects as in their country of origin, and a presumption of validity which may be rebutted if they are contested. |

Text proposed by the Commission

Amendment

(28)

In order to take into account the different
  methods of
  dealing with
  matters of
  matrimonial property
  regimes
  in the Member States, this Regulation
  must
  guarantee the
  recognition
  and
  enforcement
  of authentic instruments.
  Nevertheless, authentic instruments cannot be treated as court decisions with regard to their recognition. The recognition of authentic instruments means that they enjoy the same evidentiary effect with regard to their contents and the same effects as in their country of origin, and a presumption of validity which may be rebutted if they are contested.

| (28) | In order to take into account the different
  systems for
  dealing with matrimonial property
  cases
  in the Member States, this Regulation
  should
  guarantee the
  acceptance
  and
  enforceability in all Member States
  of authentic instruments
  in matrimonial property matters
  . |
| --- | --- |

(28)

In order to take into account the different
  systems for
  dealing with matrimonial property
  cases
  in the Member States, this Regulation
  should
  guarantee the
  acceptance
  and
  enforceability in all Member States
  of authentic instruments
  in matrimonial property matters
  .

(Corresponds to recital 60 in Regulation (EU) No 650/2012.)

Amendment 21

Proposal for a regulation

Recital 28 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (28a) | In terms of the recognition, enforceability and enforcement of judicial decisions and of the acceptance and enforceability of authentic instruments and the enforceability of court settlements, this Regulation should therefore lay down rules on the basis of, in particular, Regulation (EU) No 650/2012. |

Text proposed by the Commission

Amendment

(28a)

In terms of the recognition, enforceability and enforcement of judicial decisions and of the acceptance and enforceability of authentic instruments and the enforceability of court settlements, this Regulation should therefore lay down rules on the basis of, in particular, Regulation (EU) No 650/2012.

Amendment 22

Proposal for a regulation

Recital 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| (29) | While
  the law applicable to matrimonial property regimes must govern the legal relationship between a spouse and a third party
  , the conditions for relying on that law should be regulated by the law of the Member State of habitual residence of the spouse or the third party,
  in the interests of the third party's protection
  . The law of that Member State may thus provide that the spouse may invoke the law of his or her matrimonial property regime against the third party only if the conditions of registration or disclosure laid down in that Member State have been complied with, unless the third party
  was aware of or ought to have been aware of the law applicable
  to the matrimonial property regime
  . |

Text proposed by the Commission

Amendment

(29)

While
  the law applicable to matrimonial property regimes must govern the legal relationship between a spouse and a third party
  , the conditions for relying on that law should be regulated by the law of the Member State of habitual residence of the spouse or the third party,
  in the interests of the third party's protection
  . The law of that Member State may thus provide that the spouse may invoke the law of his or her matrimonial property regime against the third party only if the conditions of registration or disclosure laid down in that Member State have been complied with, unless the third party
  was aware of or ought to have been aware of the law applicable
  to the matrimonial property regime
  .

| (29) | The law applicable to matrimonial property regimes
  under this Regulation
  must govern the legal relationship between a spouse and a third party
  . However,
  in the interests of the third party's protection
  , neither of the spouses should be able to invoke that law in a legal relationship between one of the spouses and a third party if the spouse who has a legal relationship with the third party, and the third party, are habitually resident in the same State, which is not the State whose law is applicable to the matrimonial property. Exceptions should apply if the third party does not merit protection, in other words if he or she
  was aware of, or ought to have been aware of, the law applicable
  or if the requirements applicable to registration or disclosure in the State were complied with
  . |
| --- | --- |

(29)

The law applicable to matrimonial property regimes
  under this Regulation
  must govern the legal relationship between a spouse and a third party
  . However,
  in the interests of the third party's protection
  , neither of the spouses should be able to invoke that law in a legal relationship between one of the spouses and a third party if the spouse who has a legal relationship with the third party, and the third party, are habitually resident in the same State, which is not the State whose law is applicable to the matrimonial property. Exceptions should apply if the third party does not merit protection, in other words if he or she
  was aware of, or ought to have been aware of, the law applicable
  or if the requirements applicable to registration or disclosure in the State were complied with
  .

Amendment 23

Proposal for a regulation

Recital 30 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (30a) | In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the establishment and subsequent amendment of the attestations and forms pertaining to the declaration of enforceability of decisions, court settlements and authentic instruments. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

   (2)

  . |

Text proposed by the Commission

Amendment

(30a)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission with regard to the establishment and subsequent amendment of the attestations and forms pertaining to the declaration of enforceability of decisions, court settlements and authentic instruments. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

   (2)

  .

(Corresponds to recital 78 in Regulation (EU) No 650/2012.)

Amendment 24

Proposal for a regulation

Recital 30 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (30b) | The advisory procedure should be used for the adoption of implementing acts establishing and subsequently amending the attestations and forms provided for in this Regulation in accordance with the procedure laid down in Article 4 of Regulation (EU) No 182/2011. |

Text proposed by the Commission

Amendment

(30b)

The advisory procedure should be used for the adoption of implementing acts establishing and subsequently amending the attestations and forms provided for in this Regulation in accordance with the procedure laid down in Article 4 of Regulation (EU) No 182/2011.

(Corresponds to recital 79 in Regulation (EU) No 650/2012.)

Amendment 25

Proposal for a regulation

Recital 32

| Text proposed by the Commission | Amendment |
| --- | --- |
| (32) | This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17, 21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with these rights and principles. |

Text proposed by the Commission

Amendment

(32)

This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17, 21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with these rights and principles.

| (32) | This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17,
  20,
  21
  , 23
  and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights,
  equality before the law,
  the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with those rights and principles. |
| --- | --- |

(32)

This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 7, 9, 17,
  20,
  21
  , 23
  and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights,
  equality before the law,
  the prohibition of any form of discrimination and the right to an effective remedy and to a fair trial. The Member States' courts must apply this Regulation in a manner consistent with those rights and principles.

(Corresponds in part to recital 81 in Regulation (EU) No 650/2012.)

Amendment 26

Proposal for a regulation

Article 1 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the capacity of spouses, |

Text proposed by the Commission

Amendment

(a)

the capacity of spouses,

| (a) | the
  general
  capacity of spouses, |
| --- | --- |

(a)

the
  general
  capacity of spouses,

Amendment 27

Proposal for a regulation

Article 1 — paragraph 3 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | the existence, validity or recognition of a marriage, |

Text proposed by the Commission

Amendment

(aa)

the existence, validity or recognition of a marriage,

Amendment 28

Proposal for a regulation

Article 1 — paragraph 3 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | gifts between spouses, |

Text proposed by the Commission

Amendment

(c)

gifts between spouses,

deleted

Amendment 29

Proposal for a regulation

Article 1 — paragraph 3 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | the
  succession
  rights of a
  surviving spouse, |

Text proposed by the Commission

Amendment

(d)

the
  succession
  rights of a
  surviving spouse,

| (d) | issues relating to
  succession
  due to death with reference to the
  surviving spouse, |
| --- | --- |

(d)

issues relating to
  succession
  due to death with reference to the
  surviving spouse,

Amendment 30

Proposal for a regulation

Article 1 — paragraph 3 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | companies set up between spouses, |

Text proposed by the Commission

Amendment

(e)

companies set up between spouses,

| (e) | questions governed by the law of companies and other bodies, corporate or unincorporated, |
| --- | --- |

(e)

questions governed by the law of companies and other bodies, corporate or unincorporated,

(Corresponds to Article 1, point (h), of Regulation (EU) No 650/2012.)

Amendment 31

Proposal for a regulation

Article 1 — paragraph 3 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | the nature of rights in rem
  relating to a property and the disclosure of such rights. |

Text proposed by the Commission

Amendment

(f)

the nature of rights in rem
  relating to a property and the disclosure of such rights.

| (f) | the nature of rights in rem, |
| --- | --- |

(f)

the nature of rights in rem,

(Corresponds to Article 1, point (k), of Regulation (EU) No 650/2012.)

Amendment 32

Proposal for a regulation

Article 1 — paragraph 3 — point f a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fa) | any recording in a register of rights in movable or immovable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register, and |

Text proposed by the Commission

Amendment

(fa)

any recording in a register of rights in movable or immovable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register, and

(Corresponds to Article 1, point (l), of Regulation (EU) No 650/2012.)

Amendment 33

Proposal for a regulation

Article 1 — paragraph 3 — point f b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (fb) | questions of entitlement to transfer or adjustment, in the case of a divorce, between spouses or former spouses, of rights to retirement or disability pensions accrued during marriage. |

Text proposed by the Commission

Amendment

(fb)

questions of entitlement to transfer or adjustment, in the case of a divorce, between spouses or former spouses, of rights to retirement or disability pensions accrued during marriage.

Amendment 34

Proposal for a regulation

Article 2 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | ‘matrimonial property regime’: a set of rules
  concerning
  the property relationships of spouses, between the spouses and in respect of third parties; |

Text proposed by the Commission

Amendment

(a)

‘matrimonial property regime’: a set of rules
  concerning
  the property relationships of spouses, between the spouses and in respect of third parties;

| (a) | ‘matrimonial property regime’: a set of rules
  applicable to
  the property relationships of spouses, between the spouses and in respect of third parties
  , as a result of marriage
  ; |
| --- | --- |

(a)

‘matrimonial property regime’: a set of rules
  applicable to
  the property relationships of spouses, between the spouses and in respect of third parties
  , as a result of marriage
  ;

Amendment 35

Proposal for a regulation

Article 2 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | ‘marriage contract’: any agreement by which spouses organise their property relationships
  between themselves and in relation to third parties
  ; |

Text proposed by the Commission

Amendment

(b)

‘marriage contract’: any agreement by which spouses organise their property relationships
  between themselves and in relation to third parties
  ;

| (b) | ‘marriage contract’: any agreement by which spouses
  or future spouses
  organise their
  matrimonial
  property relationships; |
| --- | --- |

(b)

‘marriage contract’: any agreement by which spouses
  or future spouses
  organise their
  matrimonial
  property relationships;

Amendment 36

Proposal for a regulation

Article 2 — paragraph 1 — point c — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | ‘authentic instrument’: an instrument which has been
  officially
  drawn up or registered as an authentic instrument in
  the
  Member State
  of origin
  and the authenticity of which: |

Text proposed by the Commission

Amendment

(c)

‘authentic instrument’: an instrument which has been
  officially
  drawn up or registered as an authentic instrument in
  the
  Member State
  of origin
  and the authenticity of which:

| (c) | ‘authentic instrument’: an instrument
  in property matters
  which has been
  formally
  drawn up or registered as an authentic instrument in
  a
  Member State and the authenticity of which: |
| --- | --- |

(c)

‘authentic instrument’: an instrument
  in property matters
  which has been
  formally
  drawn up or registered as an authentic instrument in
  a
  Member State and the authenticity of which:

(Corresponds to Article 3(1), point (i), of Regulation (EU) No 650/2012.)

Amendment 37

Proposal for a regulation

Article 2 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | ‘decision’: any decision given in a matter of a matrimonial property regime by a court of a Member State, whatever the decision may be called
  , including the terms ‘decree’, ‘judgment’, ‘order’ or ‘writ of execution’,
  and the determination of costs or expenses by an officer of the court; |

Text proposed by the Commission

Amendment

(d)

‘decision’: any decision given in a matter of a matrimonial property regime by a court of a Member State, whatever the decision may be called
  , including the terms ‘decree’, ‘judgment’, ‘order’ or ‘writ of execution’,
  and the determination of costs or expenses by an officer of the court;

| (d) | ‘decision’: any decision given in a matter of a matrimonial property regime by a court of a Member State, whatever the decision may be called, and the determination of costs or expenses by an officer of the court; |
| --- | --- |

(d)

‘decision’: any decision given in a matter of a matrimonial property regime by a court of a Member State, whatever the decision may be called, and the determination of costs or expenses by an officer of the court;

(Corresponds to Article 3(1), point (g), of Regulation (EU) No 650/2012.)

Amendment 38

Proposal for a regulation

Article 2 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | ‘Member State of origin’: the Member State in which
  , as the case may be,
  the decision has been given,
  the marriage contract concluded,
  the authentic instrument
  drawn up,
  the court settlement approved or
  the instrument liquidating the common property or any other instrument produced by or before the judicial authority or authority of delegation or designation
  ; |

Text proposed by the Commission

Amendment

(e)

‘Member State of origin’: the Member State in which
  , as the case may be,
  the decision has been given,
  the marriage contract concluded,
  the authentic instrument
  drawn up,
  the court settlement approved or
  the instrument liquidating the common property or any other instrument produced by or before the judicial authority or authority of delegation or designation
  ;

| (e) | ‘Member State of origin’: the Member State in which the decision has been given, the authentic instrument
  established or
  the court settlement approved or
  concluded
  ; |
| --- | --- |

(e)

‘Member State of origin’: the Member State in which the decision has been given, the authentic instrument
  established or
  the court settlement approved or
  concluded
  ;

(Corresponds to Article 3(1), point (e), of Regulation (EU) No 650/2012.)

Amendment 39

Proposal for a regulation

Article 2 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | ‘Member State
  addressed’
  : the Member State in which
  recognition and/
  or enforcement of the decision,
  marriage contract,
  authentic instrument
  , court settlement, instrument of liquidation of the common property or any other instrument produced by or before the judicial authority or authority of delegation or designation is requested
  ; |

Text proposed by the Commission

Amendment

(f)

‘Member State
  addressed’
  : the Member State in which
  recognition and/
  or enforcement of the decision,
  marriage contract,
  authentic instrument
  , court settlement, instrument of liquidation of the common property or any other instrument produced by or before the judicial authority or authority of delegation or designation is requested
  ;

| (f) | ‘Member State
  of enforcement’
  : the Member State in which
  the declaration of enforceability
  or enforcement of the decision,
  court settlement or
  authentic instrument
  is sought
  ; |
| --- | --- |

(f)

‘Member State
  of enforcement’
  : the Member State in which
  the declaration of enforceability
  or enforcement of the decision,
  court settlement or
  authentic instrument
  is sought
  ;

(Corresponds to Article 3(1), point (f), of Regulation (EU) No 650/2012.)

Amendment 40

Proposal for a regulation

Article 2 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | any competent judicial authority in the Member States which carries out a judicial function in matters of matrimonial property regimes, or any other non-judicial authority or person carrying out, by delegation or designation by a judicial authority of a Member State, the functions falling within the jurisdiction of the courts as provided for in this Regulation; |

Text proposed by the Commission

Amendment

(g)

any competent judicial authority in the Member States which carries out a judicial function in matters of matrimonial property regimes, or any other non-judicial authority or person carrying out, by delegation or designation by a judicial authority of a Member State, the functions falling within the jurisdiction of the courts as provided for in this Regulation;

deleted

Amendment 41

Proposal for a regulation

Article 2 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  For the purposes of this Regulation, the term ‘court’ means any judicial authority and all other authorities and legal professionals with competence in matters of matrimonial property regimes which exercise judicial functions or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority, provided that such other authorities and legal professionals offer guarantees with regard to impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate: |
| | (a) | may be made the subject of an appeal to or review by a judicial authority; and |

Text proposed by the Commission

Amendment

1a.
     
  For the purposes of this Regulation, the term ‘court’ means any judicial authority and all other authorities and legal professionals with competence in matters of matrimonial property regimes which exercise judicial functions or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority, provided that such other authorities and legal professionals offer guarantees with regard to impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate:

(a)

may be made the subject of an appeal to or review by a judicial authority; and

| (b) | have a similar force and effect as a decision of a judicial authority on the same matter. |
| --- | --- |

(b)

have a similar force and effect as a decision of a judicial authority on the same matter.

The Member States shall notify the Commission of the other authorities and legal professionals referred to in the first subparagraph in accordance with Article 37a.

(This provision corresponds to Article 3(2) of Regulation (EU) No 650/2012.)

Amendment 42

Proposal for a regulation

Article - 3 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article - 3 |
| | Jurisdiction in matters of matrimonial property regimes within the Member States |
| | This Regulation shall not affect domestic jurisdiction over matrimonial property cases in the Member States. |

Text proposed by the Commission

Amendment

Article - 3

Jurisdiction in matters of matrimonial property regimes within the Member States

This Regulation shall not affect domestic jurisdiction over matrimonial property cases in the Member States.

Amendment 43

Proposal for a regulation

Article 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The courts of a Member State
  seised by an application concerning
  the succession of a spouse under Regulation
  (EC) ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession]
  shall also have jurisdiction to rule on matters of the matrimonial property regime arising in connection with the
  application
  . | The courts of a Member State seised
  in matters of
  the succession of a spouse under Regulation
  (EU) No 650/2012
  shall also have jurisdiction to rule on matters of the matrimonial property regime arising in connection with the
  succession case
  . |

Text proposed by the Commission

Amendment

The courts of a Member State
  seised by an application concerning
  the succession of a spouse under Regulation
  (EC) ... [of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession]
  shall also have jurisdiction to rule on matters of the matrimonial property regime arising in connection with the
  application
  .

The courts of a Member State seised
  in matters of
  the succession of a spouse under Regulation
  (EU) No 650/2012
  shall also have jurisdiction to rule on matters of the matrimonial property regime arising in connection with the
  succession case
  .

Amendment 44

Proposal for a regulation

Article 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| The courts of a Member State called upon to rule on an application for divorce, judicial separation or marriage annulment under Regulation (EC) No 2201/2003, shall also have jurisdiction,
  where the spouses so agree,
  to rule on matters of the matrimonial property regime arising in connection with the application. | The courts of a Member State called upon to rule on an application for divorce, judicial separation or marriage annulment under Regulation (EC) No 2201/2003 shall also have jurisdiction to rule on matters of the matrimonial property regime arising in connection with the application
  , if the jurisdiction of the courts concerned has been recognised, expressly or otherwise in an unequivocal manner by the spouses
  . |
| Such an agreement may be concluded at any time, even during the proceedings. If it is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties. | |
| Failing
  agreement between the spouses,
  jurisdiction
  is
  governed by
  Articles
   5 et seq. | Failing
  recognition of the jurisdiction of the court referred to in paragraph 1,
  jurisdiction
  shall be
  governed by
  Article
   5 et seq. |

Text proposed by the Commission

Amendment

The courts of a Member State called upon to rule on an application for divorce, judicial separation or marriage annulment under Regulation (EC) No 2201/2003, shall also have jurisdiction,
  where the spouses so agree,
  to rule on matters of the matrimonial property regime arising in connection with the application.

The courts of a Member State called upon to rule on an application for divorce, judicial separation or marriage annulment under Regulation (EC) No 2201/2003 shall also have jurisdiction to rule on matters of the matrimonial property regime arising in connection with the application
  , if the jurisdiction of the courts concerned has been recognised, expressly or otherwise in an unequivocal manner by the spouses
  .

Such an agreement may be concluded at any time, even during the proceedings. If it is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties.

Failing
  agreement between the spouses,
  jurisdiction
  is
  governed by
  Articles
   5 et seq.

Failing
  recognition of the jurisdiction of the court referred to in paragraph 1,
  jurisdiction
  shall be
  governed by
  Article
   5 et seq.

Amendment 45

Proposal for a regulation

Article 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 4a |
| | Choice-of-court agreement |
| | 1.
     
  The spouses may agree that the courts of the Member State whose law they have chosen as the law applicable to their matrimonial property regime in accordance with Article 16 are to have jurisdiction to rule on matters of their matrimonial property regime. Such jurisdiction shall be exclusive. |
| | Without prejudice to the third subparagraph, a choice-of-court agreement may be concluded or amended at any time, but no later than when the case is brought before the court. |
| | If the law of the forum so provides, the spouses may also choose the court after the case has been brought before the court. In that event, such choice shall be recorded in court in accordance with the law of the forum. |
| | If the agreement is concluded before the proceedings, it must be drawn up in writing and dated and signed by the spouses. Any communication by electronic means which provides a durable record of the agreement shall be equivalent to ‘writing’. |
| | 2.
     
  The spouses may also agree that, if no court has been chosen, the courts of the Member State whose law is applicable pursuant to Article 17 are to have jurisdiction. |

Text proposed by the Commission

Amendment

Article 4a

Choice-of-court agreement

1.
     
  The spouses may agree that the courts of the Member State whose law they have chosen as the law applicable to their matrimonial property regime in accordance with Article 16 are to have jurisdiction to rule on matters of their matrimonial property regime. Such jurisdiction shall be exclusive.

Without prejudice to the third subparagraph, a choice-of-court agreement may be concluded or amended at any time, but no later than when the case is brought before the court.

If the law of the forum so provides, the spouses may also choose the court after the case has been brought before the court. In that event, such choice shall be recorded in court in accordance with the law of the forum.

If the agreement is concluded before the proceedings, it must be drawn up in writing and dated and signed by the spouses. Any communication by electronic means which provides a durable record of the agreement shall be equivalent to ‘writing’.

2.
     
  The spouses may also agree that, if no court has been chosen, the courts of the Member State whose law is applicable pursuant to Article 17 are to have jurisdiction.

Amendment 46

Proposal for a regulation

Article 4 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 4b |
| | Jurisdiction based on the appearance of the defendant |
| | 1.
     
  Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State whose law has been chosen under Article 16, or whose law is applicable under Article 17, and before which a defendant enters an appearance shall have jurisdiction. This rule shall not apply where an appearance was entered to contest the jurisdiction, or where another court has jurisdiction by virtue of Article 3, Article 4 or Article 4a. |
| | 2.
     
  Before assuming jurisdiction under paragraph 1, the court shall ensure that the defendant is informed of his or her right to contest the jurisdiction and of the consequences of entering or not entering an appearance. |

Text proposed by the Commission

Amendment

Article 4b

Jurisdiction based on the appearance of the defendant

1.
     
  Apart from jurisdiction derived from other provisions of this Regulation, a court of a Member State whose law has been chosen under Article 16, or whose law is applicable under Article 17, and before which a defendant enters an appearance shall have jurisdiction. This rule shall not apply where an appearance was entered to contest the jurisdiction, or where another court has jurisdiction by virtue of Article 3, Article 4 or Article 4a.

2.
     
  Before assuming jurisdiction under paragraph 1, the court shall ensure that the defendant is informed of his or her right to contest the jurisdiction and of the consequences of entering or not entering an appearance.

Amendment 47

Proposal for a regulation

Article 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1)
     
  In cases other than those provided for in
  Articles 3
  and
  4 jurisdiction to rule on proceedings in a matter of the spouses' matrimonial property regime shall lie with the courts of the Member State: | Where no court has jurisdiction pursuant to
  Articles 3, 4
  and 4a,
  jurisdiction to rule on proceedings in a matter of the spouses' matrimonial property regime shall lie with the courts of the Member State: |
| (a) | of the spouses' common habitual residence
  , or failing that, |

Text proposed by the Commission

Amendment

(1)
     
  In cases other than those provided for in
  Articles 3
  and
  4 jurisdiction to rule on proceedings in a matter of the spouses' matrimonial property regime shall lie with the courts of the Member State:

Where no court has jurisdiction pursuant to
  Articles 3, 4
  and 4a,
  jurisdiction to rule on proceedings in a matter of the spouses' matrimonial property regime shall lie with the courts of the Member State:

(a)

of the spouses' common habitual residence
  , or failing that,

| (a) | in whose territory the spouses are habitually resident at the time when the court is seised
  , or failing that, |
| --- | --- |

(a)

in whose territory the spouses are habitually resident at the time when the court is seised
  , or failing that,

| (b) | of the last common habitual residence
  if one of them still resides there, or, failing that, |
| --- | --- |

(b)

of the last common habitual residence
  if one of them still resides there, or, failing that,

| (b) | in whose territory the spouses were last habitually resident,
  if one of them still resides there
  at the time when the court is seised
  , or, failing that, |
| --- | --- |

(b)

in whose territory the spouses were last habitually resident,
  if one of them still resides there
  at the time when the court is seised
  , or, failing that,

| (c) | of the defendant's habitual residence
  , or failing that, |
| --- | --- |

(c)

of the defendant's habitual residence
  , or failing that,

| (c) | in whose territory the defendant is habitually resident at the time when the court is seised
  , or failing that, |
| --- | --- |

(c)

in whose territory the defendant is habitually resident at the time when the court is seised
  , or failing that,

| (d) | of the nationality of both spouses or, in the case of the United Kingdom and Ireland, of their common ‘domicile’. |
| --- | --- |

(d)

of the nationality of both spouses or, in the case of the United Kingdom and Ireland, of their common ‘domicile’.

| (d) | of the nationality of both spouses
  at the time when the court is seised
  or, in the case of the United Kingdom and Ireland, of their common ‘domicile’
  , or failing that, |
| --- | --- |

(d)

of the nationality of both spouses
  at the time when the court is seised
  or, in the case of the United Kingdom and Ireland, of their common ‘domicile’
  , or failing that,

(2)
     
  Both parties may also agree that the courts of the Member State whose law they have chosen as the law applicable to their matrimonial property regime in accordance with Articles 16 and 18 shall also have jurisdiction to rule on matters of their matrimonial property regime.

| (da) | of the nationality of the defendant or, in the case of the United Kingdom and Ireland, of his or her domicile. |
| --- | --- |

(da)

of the nationality of the defendant or, in the case of the United Kingdom and Ireland, of his or her domicile.

Such an agreement may be concluded at any time, even during the proceedings. If it is concluded before the proceedings, it must be drawn up in writing and dated and signed by both parties.

(With regard to paragraph 2, see amendment to Article 4a (new); the text has been altered.)

Amendment 48

Proposal for a regulation

Article 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where no court has jurisdiction according to Articles 3, 4 and 5, the courts of a Member State shall have jurisdiction in so far as property or
  properties
  of one or both spouses are located in the territory of that Member State
  , but
  in that event the court seised shall have jurisdiction to rule only in respect of the property or
  properties
  in question. | Where no court
  of a Member State
  has jurisdiction pursuant to Articles 3, 4
  , 4a
  and 5, the courts of a Member State shall have jurisdiction in so far as
  immovable
  property or
  registered assets
  of one or both spouses are located in the territory of that Member State; in that event the court seised shall have jurisdiction to rule only in respect of the
  immovable
  property or
  registered assets
  in question. |
| | In such cases the courts of a Member State shall have jurisdiction to rule only on immovable property or registered assets located in that Member State. |

Text proposed by the Commission

Amendment

Where no court has jurisdiction according to Articles 3, 4 and 5, the courts of a Member State shall have jurisdiction in so far as property or
  properties
  of one or both spouses are located in the territory of that Member State
  , but
  in that event the court seised shall have jurisdiction to rule only in respect of the property or
  properties
  in question.

Where no court
  of a Member State
  has jurisdiction pursuant to Articles 3, 4
  , 4a
  and 5, the courts of a Member State shall have jurisdiction in so far as
  immovable
  property or
  registered assets
  of one or both spouses are located in the territory of that Member State; in that event the court seised shall have jurisdiction to rule only in respect of the
  immovable
  property or
  registered assets
  in question.

In such cases the courts of a Member State shall have jurisdiction to rule only on immovable property or registered assets located in that Member State.

Amendment 49

Proposal for a regulation

Article 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where no court of a Member State has jurisdiction under Articles 3, 4, 5 and 6, the courts of a Member State may,
  exceptionally and if the case has a sufficient connection with that Member State
  , rule on a matrimonial property regime case if proceedings
  would be impossible or
  cannot reasonably be brought or conducted in a third State. | Where no court of a Member State has jurisdiction pursuant to Articles 3, 4,
  4a,
  5 and 6, the courts of a Member State may,
  on an exceptional basis,
  rule on a matrimonial property regime case if proceedings cannot reasonably be brought or conducted
  , or would be impossible,
  in a third State
  with which the case is closely connected
  . |
| | The case must have a sufficient connection with the Member State of the court seised. |

Text proposed by the Commission

Amendment

Where no court of a Member State has jurisdiction under Articles 3, 4, 5 and 6, the courts of a Member State may,
  exceptionally and if the case has a sufficient connection with that Member State
  , rule on a matrimonial property regime case if proceedings
  would be impossible or
  cannot reasonably be brought or conducted in a third State.

Where no court of a Member State has jurisdiction pursuant to Articles 3, 4,
  4a,
  5 and 6, the courts of a Member State may,
  on an exceptional basis,
  rule on a matrimonial property regime case if proceedings cannot reasonably be brought or conducted
  , or would be impossible,
  in a third State
  with which the case is closely connected
  .

The case must have a sufficient connection with the Member State of the court seised.

(Corresponds to Article 11 of Regulation (EU) No 650/2012.)

Amendment 50

Proposal for a regulation

Article 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| The court seised pursuant to Articles 3, 4, 5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation. | The court seised pursuant to Articles 3, 4,
  4a,
  5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation. |
| | If the court has been seised pursuant to Article 6, its jurisdiction to rule on a counterclaim shall be limited to the immovable property or registered assets which form the subject-matter of the main proceedings. |

Text proposed by the Commission

Amendment

The court seised pursuant to Articles 3, 4, 5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation.

The court seised pursuant to Articles 3, 4,
  4a,
  5, 6 or 7 before which proceedings are pending shall also have jurisdiction to rule on a counterclaim if it falls within the scope of this Regulation.

If the court has been seised pursuant to Article 6, its jurisdiction to rule on a counterclaim shall be limited to the immovable property or registered assets which form the subject-matter of the main proceedings.

Amendment 51

Proposal for a regulation

Article 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| A court shall be deemed to be seised: | For the purposes of this Chapter,
  a court shall be deemed to be seised: |
| (a) | on the date when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the
  plaintiff
  has not subsequently failed to take the steps he or she was required to take to have service effected on the defendant,
  or |

Text proposed by the Commission

Amendment

A court shall be deemed to be seised:

For the purposes of this Chapter,
  a court shall be deemed to be seised:

(a)

on the date when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the
  plaintiff
  has not subsequently failed to take the steps he or she was required to take to have service effected on the defendant,
  or

| (a) | on the date when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the
  applicant
  has not subsequently failed to take the steps he or she was required to take to have service effected on the defendant, |
| --- | --- |

(a)

on the date when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the
  applicant
  has not subsequently failed to take the steps he or she was required to take to have service effected on the defendant,

| (b) | where
  the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he or she was required to take to have the document lodged with the court. |
| --- | --- |

(b)

where
  the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he or she was required to take to have the document lodged with the court.

| (b) | if
  the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he or she was required to take to have the document lodged with the court
  , or |
| --- | --- |

(b)

if
  the document has to be served before being lodged with the court, on the date on which it is formally drawn up or registered by the authority responsible for service, provided that the applicant has not subsequently failed to take the steps he or she was required to take to have the document lodged with the court
  , or

| (ba) | if the proceedings are opened of the court's own motion, at the time when the decision to open the proceedings is taken by the court, or, where such a decision is not required, at the time when the case is registered by the court
  . |
| --- | --- |

(ba)

if the proceedings are opened of the court's own motion, at the time when the decision to open the proceedings is taken by the court, or, where such a decision is not required, at the time when the case is registered by the court
  .

(Corresponds to Article 14 of Regulation (EU) No 650/2012.)

Amendment 52

Proposal for a regulation

Article 12 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where proceedings involving the same cause of action and between the
  same parties
  are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. | 1.   Where proceedings involving the same cause of action and between the
  spouses
  are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established. |

Text proposed by the Commission

Amendment

1.   Where proceedings involving the same cause of action and between the
  same parties
  are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.

1.   Where proceedings involving the same cause of action and between the
  spouses
  are brought before courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.

(Corresponds to Article 17 of Regulation (EU) No 650/2012.)

Amendment 54

Proposal for a regulation

Article 13 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where these actions are pending at first instance, any court other than the court first seised may also, on the application of one of the
  parties
  , decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof. | 2.   Where those actions are pending at first instance, any court other than the court first seised may also, on the application of one of the
  spouses
  , decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof. |

Text proposed by the Commission

Amendment

2.   Where these actions are pending at first instance, any court other than the court first seised may also, on the application of one of the
  parties
  , decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof.

2.   Where those actions are pending at first instance, any court other than the court first seised may also, on the application of one of the
  spouses
  , decline jurisdiction if the court first seised has jurisdiction over the actions in question and its law permits the consolidation thereof.

(Corresponds to Article 18 of Regulation (EU) No 650/2012.)

Amendment 55

Proposal for a regulation

Article 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 13a |
| | Provision of information to spouses |
| | The competent authority shall be obliged to inform the spouse(s), within a reasonable time, of any matrimonial property regime proceedings which are initiated against them. |

Text proposed by the Commission

Amendment

Article 13a

Provision of information to spouses

The competent authority shall be obliged to inform the spouse(s), within a reasonable time, of any matrimonial property regime proceedings which are initiated against them.

Amendment 56

Proposal for a regulation

Article 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| Provisional
  , including protective, measures
  provided for by the law of
  a Member State
  may be requested from the courts
  of that State, even
  where,
  under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter. | Application may be made to the courts of
  a Member State
  for such provisional
  , including protective, measures
  as may be available under the law
  of that State, even
  if,
  under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter. |

Text proposed by the Commission

Amendment

Provisional
  , including protective, measures
  provided for by the law of
  a Member State
  may be requested from the courts
  of that State, even
  where,
  under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter.

Application may be made to the courts of
  a Member State
  for such provisional
  , including protective, measures
  as may be available under the law
  of that State, even
  if,
  under this Regulation, the courts of another Member State have jurisdiction as to the substance of the matter.

(Corresponds to Article 19 of Regulation (EU) No 650/2012.)

Amendment 57

Proposal for a regulation

Article 15 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The law applicable to a matrimonial property regime under
  Article
  16, 17
  and 18
  shall apply to all
  the couple's property
  . | 1.
     The law applicable to a matrimonial property regime under
  Articles
  16
  and
  17 shall apply to all
  assets falling under that regime, regardless of their location
  . |

Text proposed by the Commission

Amendment

The law applicable to a matrimonial property regime under
  Article
  16, 17
  and 18
  shall apply to all
  the couple's property
  .

1.
     The law applicable to a matrimonial property regime under
  Articles
  16
  and
  17 shall apply to all
  assets falling under that regime, regardless of their location
  .

Amendment 58

Proposal for a regulation

Article 15 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  The law applicable to a matrimonial property regime shall determine, without prejudice to points (f) and (fa) of Article 1(3), inter alia: |
| | (a) | the division of the spouses’ property into different categories before and after the marriage; |

Text proposed by the Commission

Amendment

1a.
     
  The law applicable to a matrimonial property regime shall determine, without prejudice to points (f) and (fa) of Article 1(3), inter alia:

(a)

the division of the spouses’ property into different categories before and after the marriage;

| (b) | the transfer of property from one category to another; |
| --- | --- |

(b)

the transfer of property from one category to another;

| (c) | liability for the other spouse’s debts, where necessary; |
| --- | --- |

(c)

liability for the other spouse’s debts, where necessary;

| (d) | the spouses’ rights of disposal during the marriage; |
| --- | --- |

(d)

the spouses’ rights of disposal during the marriage;

| (e) | dissolution and liquidation of the matrimonial property regime and division of property in the event of dissolution of the marriage; |
| --- | --- |

(e)

dissolution and liquidation of the matrimonial property regime and division of property in the event of dissolution of the marriage;

| (f) | the impact of the matrimonial property regime on a legal relationship between one of the spouses and a third party on the basis of Article 35; |
| --- | --- |

(f)

the impact of the matrimonial property regime on a legal relationship between one of the spouses and a third party on the basis of Article 35;

| (g) | the material validity of a matrimonial property agreement. |
| --- | --- |

(g)

the material validity of a matrimonial property agreement.

Amendment 59

Proposal for a regulation

Article 15 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 15a |
| | Universal application |
| | Any law specified by this Regulation shall be applied whether or not it is the law of a Member State. |

Text proposed by the Commission

Amendment

Article 15a

Universal application

Any law specified by this Regulation shall be applied whether or not it is the law of a Member State.

(See amendment to Article 21; the text has been altered.)

Amendment 60

Proposal for a regulation

Article 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| The spouses or future spouses may
  choose
  the law applicable to their matrimonial property regime, as long as it is one of the following laws: | 1.
     The spouses or future spouses may
  agree to designate or to change
  the law applicable to their matrimonial property regime, as long as it is one of the following laws: |
| (a) | the law of the State of the habitual common residence of the spouses or future spouses, or |

Text proposed by the Commission

Amendment

The spouses or future spouses may
  choose
  the law applicable to their matrimonial property regime, as long as it is one of the following laws:

1.
     The spouses or future spouses may
  agree to designate or to change
  the law applicable to their matrimonial property regime, as long as it is one of the following laws:

(a)

the law of the State of the habitual common residence of the spouses or future spouses, or

| (b) | the law of the State
  of habitual residence of one of
  the spouses at the time
  this choice is made
  , or |
| --- | --- |

(b)

the law of the State
  of habitual residence of one of
  the spouses at the time
  this choice is made
  , or

| (a) | the law of the State
  where
  the spouses
  or future spouses, or one of them, is/are habitually resident
  at the time
  when the agreement is concluded
  , or |
| --- | --- |

(a)

the law of the State
  where
  the spouses
  or future spouses, or one of them, is/are habitually resident
  at the time
  when the agreement is concluded
  , or

| (c) | the law of
  the
  State of which one of the spouses or future spouses is a national at the time
  this choice is made
  . |
| --- | --- |

(c)

the law of
  the
  State of which one of the spouses or future spouses is a national at the time
  this choice is made
  .

| (b) | the law of
  a
  State of which one of the spouses or future spouses is a national at the time
  when the agreement is concluded
  . |
| --- | --- |

(b)

the law of
  a
  State of which one of the spouses or future spouses is a national at the time
  when the agreement is concluded
  .

2.
     
  Unless the spouses agree otherwise, a change of the law applicable to the matrimonial property regime made during the marriage shall have prospective effect only.

3.
     
  If the spouses choose to make that change of applicable law retroactive, its retroactive effect shall not affect the validity of previous transactions entered into under the law hitherto applicable or the rights of third parties deriving from the law previously applicable.

Amendment 61

Proposal for a regulation

Article 17 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   If
  the spouses do not make a choice
  , the law applicable to the matrimonial property regime shall be: | 1.   If
  no choice-of-law agreement is made pursuant to Article 16
  , the law applicable to the matrimonial property regime shall be: |

Text proposed by the Commission

Amendment

1.   If
  the spouses do not make a choice
  , the law applicable to the matrimonial property regime shall be:

1.   If
  no choice-of-law agreement is made pursuant to Article 16
  , the law applicable to the matrimonial property regime shall be:

Amendment 62

Proposal for a regulation

Article 17 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the law of the State of the spouses' first common habitual residence after their marriage or, failing that, |

Text proposed by the Commission

Amendment

(a)

the law of the State of the spouses' first common habitual residence after their marriage or, failing that,

| (a) | the law of the State of the spouses’
  common habitual residence at the time of marriage or of their
  first common habitual residence after their marriage or, failing that, |
| --- | --- |

(a)

the law of the State of the spouses’
  common habitual residence at the time of marriage or of their
  first common habitual residence after their marriage or, failing that,

Amendment 63

Proposal for a regulation

Article 17 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the law of the State with which the spouses jointly have the closest links, taking into account all the circumstances,
  in particular
  the place where the marriage was celebrated. |

Text proposed by the Commission

Amendment

(c)

the law of the State with which the spouses jointly have the closest links, taking into account all the circumstances,
  in particular
  the place where the marriage was celebrated.

| (c) | the law of the State with which the spouses jointly have the closest links
  at the time of
  the marriage, taking into account all the circumstances,
  regardless of
  the place where the marriage was celebrated. |
| --- | --- |

(c)

the law of the State with which the spouses jointly have the closest links
  at the time of
  the marriage, taking into account all the circumstances,
  regardless of
  the place where the marriage was celebrated.

Amendment 64

Proposal for a regulation

Article 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 18 | deleted |
| Change of applicable law | |
| The spouses may, at any time during the marriage, make their matrimonial property regime subject to a law other than the one hitherto applicable. They may designate only one of the following laws: | |
| (a) | the law of the State of habitual residence of one of the spouses at the time this choice is made; |

Text proposed by the Commission

Amendment

Article 18

deleted

Change of applicable law

The spouses may, at any time during the marriage, make their matrimonial property regime subject to a law other than the one hitherto applicable. They may designate only one of the following laws:

(a)

the law of the State of habitual residence of one of the spouses at the time this choice is made;

| (b) | the law of a State of which one of the spouses is a national at the time this choice is made. |
| --- | --- |

(b)

the law of a State of which one of the spouses is a national at the time this choice is made.

Unless the spouses desire otherwise, a change of the law applicable to the matrimonial property regime made during the marriage shall be effective only in the future.

If the spouses choose to make this change of applicable law retrospective, the retrospective effect may not affect the validity of previous transactions entered into under the law applicable hitherto or the rights of third parties deriving from the law previously applicable.

Amendment 65

Proposal for a regulation

Article 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The choice of applicable law
  shall be made in the way specified for the marriage contract, either by the law of the State chosen or by the law of the State in which the document is drawn up. | 1.   
  The agreement on
  the choice of applicable law
  referred to in Article 16 shall be expressed in writing, dated and signed by both spouses. Any communication by electronic means which provides a durable record of the agreement shall be deemed equivalent to writing. |
| 2.   
  Notwithstanding paragraph 1, the choice must at least be made expressly in a document dated and signed by both spouses. | 2.   
  That agreement shall comply with the formal requirements of the law applicable to the matrimonial property regime or of the law of the State in which the agreement was concluded. |
| 3.   If the law of the
  Member
  State in which
  the
  spouses have their
  common
  habitual residence at the time of the choice
  referred to in paragraph 1
  provides for additional formal requirements for the marriage contract, these requirements
  must be complied with
  . | 3.   
  However,
  if the law of the State in which
  both
  spouses have their habitual residence at the time of
  their agreement on
  the choice
  of applicable law
  provides for additional formal requirements for
  agreements of that type or, failing that,
  for the marriage contract, those requirements
  shall apply
  . |
| | 4.
     
  If the spouses are habitually resident in different States at the time of their agreement on the choice of the applicable law and the laws of those States provide for different formal requirements, the agreement shall be formally valid if it satisfies the requirements of either of those laws. |
| | 5.
     
  If only one of the spouses is habitually resident in a Member State at the time when the agreement is concluded and that State lays down additional formal requirements for agreements of that type, those requirements shall apply. |

Text proposed by the Commission

Amendment

1.   The choice of applicable law
  shall be made in the way specified for the marriage contract, either by the law of the State chosen or by the law of the State in which the document is drawn up.

1.   
  The agreement on
  the choice of applicable law
  referred to in Article 16 shall be expressed in writing, dated and signed by both spouses. Any communication by electronic means which provides a durable record of the agreement shall be deemed equivalent to writing.

2.   
  Notwithstanding paragraph 1, the choice must at least be made expressly in a document dated and signed by both spouses.

2.   
  That agreement shall comply with the formal requirements of the law applicable to the matrimonial property regime or of the law of the State in which the agreement was concluded.

3.   If the law of the
  Member
  State in which
  the
  spouses have their
  common
  habitual residence at the time of the choice
  referred to in paragraph 1
  provides for additional formal requirements for the marriage contract, these requirements
  must be complied with
  .

3.   
  However,
  if the law of the State in which
  both
  spouses have their habitual residence at the time of
  their agreement on
  the choice
  of applicable law
  provides for additional formal requirements for
  agreements of that type or, failing that,
  for the marriage contract, those requirements
  shall apply
  .

4.
     
  If the spouses are habitually resident in different States at the time of their agreement on the choice of the applicable law and the laws of those States provide for different formal requirements, the agreement shall be formally valid if it satisfies the requirements of either of those laws.

5.
     
  If only one of the spouses is habitually resident in a Member State at the time when the agreement is concluded and that State lays down additional formal requirements for agreements of that type, those requirements shall apply.

(Similar to Article 5(2) of Regulation (EU) No 650/2012.)

Amendment 66

Proposal for a regulation

Article 20

| Text proposed by the Commission | Amendment |
| --- | --- |
| Law applicable to the form of
  marriage contract | Formal requirements
  for a marriage contract |
| 1.
     The
  form of the
  marriage contract shall be
  that prescribed by the law applicable to the matrimonial property regime or by the law of the State where the contract is drawn up. | The
  formal aspects of a
  marriage contract shall be
  governed mutatis mutandis by Article 19
  .
  Any additional formal requirements within the meaning of Article 19(3) shall for the purposes of this Article relate only to the marriage contract. |
| 2.
     
  Notwithstanding paragraph 1, the marriage contract must at least be set out in a document dated and signed by both spouses. | |
| 3.
     
  If the law of the Member State in which the spouses have their common habitual residence at the time the marriage contract is concluded provides for additional formal requirements for that contract, these requirements must be complied with. | |

Text proposed by the Commission

Amendment

Law applicable to the form of
  marriage contract

Formal requirements
  for a marriage contract

1.
     The
  form of the
  marriage contract shall be
  that prescribed by the law applicable to the matrimonial property regime or by the law of the State where the contract is drawn up.

The
  formal aspects of a
  marriage contract shall be
  governed mutatis mutandis by Article 19
  .
  Any additional formal requirements within the meaning of Article 19(3) shall for the purposes of this Article relate only to the marriage contract.

2.
     
  Notwithstanding paragraph 1, the marriage contract must at least be set out in a document dated and signed by both spouses.

3.
     
  If the law of the Member State in which the spouses have their common habitual residence at the time the marriage contract is concluded provides for additional formal requirements for that contract, these requirements must be complied with.

Amendment 67

Proposal for a regulation

Article 20 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 20a |
| | Adaptation of rights in rem |
| | Where a person invokes a right in rem to which he or she is entitled under the law applicable to the matrimonial property regime and the law of the Member State in which the right is invoked does not know the right in rem in question, that right shall, if necessary and to the extent possible, be adapted to the closest equivalent right in rem under the law of that State, taking into account the aims and the interests pursued by the specific right in rem and the effects attached to it. |

Text proposed by the Commission

Amendment

Article 20a

Adaptation of rights in rem

Where a person invokes a right in rem to which he or she is entitled under the law applicable to the matrimonial property regime and the law of the Member State in which the right is invoked does not know the right in rem in question, that right shall, if necessary and to the extent possible, be adapted to the closest equivalent right in rem under the law of that State, taking into account the aims and the interests pursued by the specific right in rem and the effects attached to it.

(Corresponds to Article 31 of Regulation (EU) No 650/2012.)

Amendment 68

Proposal for a regulation

Article 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 21 | deleted |
| Universal nature of the conflict-of-law rule | |
| Any law determined in accordance with the provisions of this Chapter shall apply even if it is not the law of a Member State. | |

Text proposed by the Commission

Amendment

Article 21

deleted

Universal nature of the conflict-of-law rule

Any law determined in accordance with the provisions of this Chapter shall apply even if it is not the law of a Member State.

Amendment 69

Proposal for a regulation

Article 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| The provisions of this Regulation shall be without prejudice to the application of imperative provisions the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the matrimonial property regime under this Regulation. | 1.
     
  Overriding mandatory provisions are provisions the disregard for which would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. The competent authorities should not interpret the public policy exception in a way that is contrary to the Charter of Fundamental rights of the European Union, and in particular Article 21 thereof, which prohibits all forms of discrimination. |
| | 2.
     
  This Regulation shall not restrict the application of the overriding mandatory provisions of the law of the forum, without prejudice to the transaction protection provisions applicable pursuant to Article 35. |

Text proposed by the Commission

Amendment

The provisions of this Regulation shall be without prejudice to the application of imperative provisions the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the matrimonial property regime under this Regulation.

1.
     
  Overriding mandatory provisions are provisions the disregard for which would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. The competent authorities should not interpret the public policy exception in a way that is contrary to the Charter of Fundamental rights of the European Union, and in particular Article 21 thereof, which prohibits all forms of discrimination.

2.
     
  This Regulation shall not restrict the application of the overriding mandatory provisions of the law of the forum, without prejudice to the transaction protection provisions applicable pursuant to Article 35.

Amendment 70

Proposal for a regulation

Article 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| The application of a rule of the law determined by this Regulation may be refused only if such application is manifestly incompatible with the public policy of the forum. | The application of a rule of the law
  of any State
  determined by this Regulation may be refused only if such application is manifestly incompatible with the public policy of the forum. |

Text proposed by the Commission

Amendment

The application of a rule of the law determined by this Regulation may be refused only if such application is manifestly incompatible with the public policy of the forum.

The application of a rule of the law
  of any State
  determined by this Regulation may be refused only if such application is manifestly incompatible with the public policy of the forum.

(Corresponds to Article 35 of Regulation (EU) No 650/2012.)

Amendment 71

Proposal for a regulation

Article 24

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where this Regulation provides for the application of the law of a State, it
  means
  the rules of
  substantive
  law in force in that State other than its rules of private international law. | Where this Regulation provides for the application of the law of a State, it
  refers to
  the rules of law in force in that State other than its rules of private international law. |

Text proposed by the Commission

Amendment

Where this Regulation provides for the application of the law of a State, it
  means
  the rules of
  substantive
  law in force in that State other than its rules of private international law.

Where this Regulation provides for the application of the law of a State, it
  refers to
  the rules of law in force in that State other than its rules of private international law.

Amendment 72

Proposal for a regulation

Article 25

| Text proposed by the Commission | Amendment |
| --- | --- |
| States with
  two or more
  legal
  systems
  — territorial conflicts of laws | States with
  more than one
  legal
  system
  — territorial conflicts of laws |
| | 1.
     Where
  the law specified by this Regulation is that of
  a State
  which
  comprises several territorial units each of which has its own
  rules
  of law
  in respect of matrimonial property regimes, the internal conflict-of-laws rules of that State shall determine the relevant territorial unit whose rules of law are to apply. |
| Where a State comprises several territorial units each of which has its own
  system
  of law
  or its own rules concerning matters governed by this Regulation: | 1a.
     
  In the absence of such internal conflict-of-laws rules: |
| (a) | any reference to the law of
  that
  State shall
  be construed
  , for the purposes of determining the law applicable
  under this Regulation
  , as
  a reference
  to the law
  in force in
  the
  relevant
  territorial unit; |

Text proposed by the Commission

Amendment

States with
  two or more
  legal
  systems
  — territorial conflicts of laws

States with
  more than one
  legal
  system
  — territorial conflicts of laws

1.
     Where
  the law specified by this Regulation is that of
  a State
  which
  comprises several territorial units each of which has its own
  rules
  of law
  in respect of matrimonial property regimes, the internal conflict-of-laws rules of that State shall determine the relevant territorial unit whose rules of law are to apply.

Where a State comprises several territorial units each of which has its own
  system
  of law
  or its own rules concerning matters governed by this Regulation:

1a.
     
  In the absence of such internal conflict-of-laws rules:

(a)

any reference to the law of
  that
  State shall
  be construed
  , for the purposes of determining the law applicable
  under this Regulation
  , as
  a reference
  to the law
  in force in
  the
  relevant
  territorial unit;

| (a) | any reference to the law of
  the
  State
  referred to in paragraph 1
  shall, for the purposes of determining the law applicable
  pursuant to provisions referring to the habitual residence of the spouses
  ,
  be construed
  as
  referring
  to the law
  of
  the territorial unit
  in which the spouses have their habitual residence
  ; |
| --- | --- |

(a)

any reference to the law of
  the
  State
  referred to in paragraph 1
  shall, for the purposes of determining the law applicable
  pursuant to provisions referring to the habitual residence of the spouses
  ,
  be construed
  as
  referring
  to the law
  of
  the territorial unit
  in which the spouses have their habitual residence
  ;

| (b) | any reference to
  habitual residence in that State
  shall be construed as a reference to
  habitual residence in a
  territorial unit; |
| --- | --- |

(b)

any reference to
  habitual residence in that State
  shall be construed as a reference to
  habitual residence in a
  territorial unit;

| (b) | any reference to
  the law of the State referred to in paragraph 1
  shall
  , for the purposes of determining the law applicable pursuant to provisions referring to the nationality of the spouses,
  be construed as a reference to
  the law of the
  territorial unit
  with which the spouses have the closest connection
  ; |
| --- | --- |

(b)

any reference to
  the law of the State referred to in paragraph 1
  shall
  , for the purposes of determining the law applicable pursuant to provisions referring to the nationality of the spouses,
  be construed as a reference to
  the law of the
  territorial unit
  with which the spouses have the closest connection
  ;

| (c) | any reference to
  nationality shall refer to the territorial unit determined by the law of that State, or, in the absence of relevant rules, to the territorial unit chosen by the parties or, in absence of such a choice, to
  the territorial unit
  with which the spouse or spouses has or have the closest connection
  . |
| --- | --- |

(c)

any reference to
  nationality shall refer to the territorial unit determined by the law of that State, or, in the absence of relevant rules, to the territorial unit chosen by the parties or, in absence of such a choice, to
  the territorial unit
  with which the spouse or spouses has or have the closest connection
  .

| (c) | any reference to
  the law of the State referred to in paragraph 1 shall, for the purposes of determining the law applicable pursuant to any other provisions referring to other elements as connecting factors, be construed as referring to the law of
  the territorial unit
  in which the relevant element is located
  . |
| --- | --- |

(c)

any reference to
  the law of the State referred to in paragraph 1 shall, for the purposes of determining the law applicable pursuant to any other provisions referring to other elements as connecting factors, be construed as referring to the law of
  the territorial unit
  in which the relevant element is located
  .

(Corresponds to Article 36 of Regulation (EU) No 650/2012.)

Amendment 73

Proposal for a regulation

Article 25 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 25a |
| | States with more than one legal system — inter-personal conflicts of laws |
| | In relation to a State which has two or more systems of law or sets of rules applicable to different categories of persons in respect of matrimonial property regimes, any reference to the law of such a State shall be construed as referring to the system of law or set of rules determined by the rules in force in that State. In the absence of such rules, the system of law or the set of rules with which the spouses have the closest connection shall apply. |

Text proposed by the Commission

Amendment

Article 25a

States with more than one legal system — inter-personal conflicts of laws

In relation to a State which has two or more systems of law or sets of rules applicable to different categories of persons in respect of matrimonial property regimes, any reference to the law of such a State shall be construed as referring to the system of law or set of rules determined by the rules in force in that State. In the absence of such rules, the system of law or the set of rules with which the spouses have the closest connection shall apply.

Amendment 74

Proposal for a regulation

Article 25 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 25b |
| | Non-application of this Regulation to internal conflicts of laws |
| | A Member State which comprises several territorial units each of which has its own rules of law in respect of matrimonial property regimes shall not be required to apply this Regulation to conflicts of laws arising between such units only. |

Text proposed by the Commission

Amendment

Article 25b

Non-application of this Regulation to internal conflicts of laws

A Member State which comprises several territorial units each of which has its own rules of law in respect of matrimonial property regimes shall not be required to apply this Regulation to conflicts of laws arising between such units only.

(Corresponds to Article 38 of Regulation (EU) No 650/2012.)

Amendment 75

Proposal for a regulation

Article 26 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles
  [38 to 56] of Regulation (EC) No 44/2001
  , apply for
  the
  decision to be recognised. | 2.   Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles
  31b to 31o
  , apply for
  that
  decision to be recognised. |

Text proposed by the Commission

Amendment

2.   Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles
  [38 to 56] of Regulation (EC) No 44/2001
  , apply for
  the
  decision to be recognised.

2.   Any interested party who raises the recognition of a decision as the principal issue in a dispute may, in accordance with the procedures set out in Articles
  31b to 31o
  , apply for
  that
  decision to be recognised.

(Corresponds to Article 39 of Regulation (EU) No 650/2012.)

Amendment 76

Proposal for a regulation

Article 27 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | such recognition is manifestly contrary to public policy in the Member State
  addressed
  ; |

Text proposed by the Commission

Amendment

(a)

such recognition is manifestly contrary to public policy in the Member State
  addressed
  ;

| (a) | such recognition is manifestly contrary to public policy in the Member State
  in which recognition is sought
  ; |
| --- | --- |

(a)

such recognition is manifestly contrary to public policy in the Member State
  in which recognition is sought
  ;

(Corresponds to Article 40 of Regulation (EU) No 650/2012.)

Amendment 78

Proposal for a regulation

Article 27 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | it is irreconcilable with a decision given in
  a matter
  between the same parties in the Member State
  addressed
  ; |

Text proposed by the Commission

Amendment

(c)

it is irreconcilable with a decision given in
  a matter
  between the same parties in the Member State
  addressed
  ;

| (c) | if it is irreconcilable with a decision given in
  proceedings
  between the same parties in the Member State
  in which recognition is sought
  ; |
| --- | --- |

(c)

if it is irreconcilable with a decision given in
  proceedings
  between the same parties in the Member State
  in which recognition is sought
  ;

(Corresponds to Article 40 of Regulation (EU) No 650/2012.)

Amendment 79

Proposal for a regulation

Article 27 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | it is irreconcilable with an earlier decision given in another Member State or in a third State involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State
  addressed
  . |

Text proposed by the Commission

Amendment

(d)

it is irreconcilable with an earlier decision given in another Member State or in a third State involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State
  addressed
  .

| (d) | if it is irreconcilable with an earlier decision given in another Member State or in a third State
  in proceedings
  involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State
  in which recognition is sought
  . |
| --- | --- |

(d)

if it is irreconcilable with an earlier decision given in another Member State or in a third State
  in proceedings
  involving the same cause of action and between the same parties, provided that the earlier decision fulfils the conditions necessary for its recognition in the Member State
  in which recognition is sought
  .

(Corresponds to Article 40 of Regulation (EU) No 650/2012.)

Amendment 80

Proposal for a regulation

Article 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| Under no circumstances may a
  foreign
  decision be reviewed as to its substance. | Under no circumstances may a decision
  given in a Member State
  be reviewed as to its substance. |

Text proposed by the Commission

Amendment

Under no circumstances may a
  foreign
  decision be reviewed as to its substance.

Under no circumstances may a decision
  given in a Member State
  be reviewed as to its substance.

(Corresponds to Article 41 of Regulation (EU) No 650/2012.)

Amendment 81

Proposal for a regulation

Article 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| A court of a Member State in which recognition is sought of a decision given in another Member State may stay the proceedings if an ordinary appeal against the decision has been lodged. | A court of a Member State in which recognition is sought of a decision given in another Member State may stay the proceedings if an ordinary appeal against the decision has been lodged
  in the Member State of origin
  . |

Text proposed by the Commission

Amendment

A court of a Member State in which recognition is sought of a decision given in another Member State may stay the proceedings if an ordinary appeal against the decision has been lodged.

A court of a Member State in which recognition is sought of a decision given in another Member State may stay the proceedings if an ordinary appeal against the decision has been lodged
  in the Member State of origin
  .

(Corresponds to Article 42 of Regulation (EU) No 650/2012.)

Amendment 82

Proposal for a regulation

Article 31

| Text proposed by the Commission | Amendment |
| --- | --- |
| Decisions given in a Member State
  where they are
  enforceable shall be
  enforced
  in
  the other
  Member
  States
  i
  n accordance with Articles [38 to 56 and 58] of Regulation (EC) No 44/2001
  . | Decisions given in a Member State
  and
  enforceable
  in that State
  shall be
  enforceable
  in
  another
  Member
  State when, on the application of any interested party, they have been declared enforceable there in accordance with the procedure laid down in Articles 31b to 31o. |

Text proposed by the Commission

Amendment

Decisions given in a Member State
  where they are
  enforceable shall be
  enforced
  in
  the other
  Member
  States
  i
  n accordance with Articles [38 to 56 and 58] of Regulation (EC) No 44/2001
  .

Decisions given in a Member State
  and
  enforceable
  in that State
  shall be
  enforceable
  in
  another
  Member
  State when, on the application of any interested party, they have been declared enforceable there in accordance with the procedure laid down in Articles 31b to 31o.

(Corresponds to Article 43 of Regulation (EU) No 650/2012.)

Amendment 83

Proposal for a regulation

Article 31 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31a |
| | Determination of domicile |
| | To determine whether, for the purposes of the procedure provided for in Articles 31b to 31o, a party is domiciled in the Member State of enforcement, the court seised shall apply the internal law of that Member State. |

Text proposed by the Commission

Amendment

Article 31a

Determination of domicile

To determine whether, for the purposes of the procedure provided for in Articles 31b to 31o, a party is domiciled in the Member State of enforcement, the court seised shall apply the internal law of that Member State.

(Corresponds to Article 44 of Regulation (EU) No 650/2012.)

Amendment 84

Proposal for a regulation

Article 31 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31b |
| | Jurisdiction of local courts |
| | 1.
     
  The application for a declaration of enforceability shall be submitted to the court or competent authority of the Member State of enforcement communicated by that Member State to the Commission in accordance with Article 37. |
| | 2.
     
  The local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement. |

Text proposed by the Commission

Amendment

Article 31b

Jurisdiction of local courts

1.
     
  The application for a declaration of enforceability shall be submitted to the court or competent authority of the Member State of enforcement communicated by that Member State to the Commission in accordance with Article 37.

2.
     
  The local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement.

(Corresponds to Article 45 of Regulation (EU) No 650/2012.)

Amendment 85

Proposal for a regulation

Article 31 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31c |
| | Procedure |
| | 1.
     
  The application procedure shall be governed by the law of the Member State of enforcement. |
| | 2.
     
  The applicant shall not be required to have a postal address or an authorised representative in the Member State of enforcement. |
| | 3.
     
  The application shall be accompanied by the following documents: |
| | (a) | a copy of the decision which satisfies the conditions necessary to establish its authenticity; |

Text proposed by the Commission

Amendment

Article 31c

Procedure

1.
     
  The application procedure shall be governed by the law of the Member State of enforcement.

2.
     
  The applicant shall not be required to have a postal address or an authorised representative in the Member State of enforcement.

3.
     
  The application shall be accompanied by the following documents:

(a)

a copy of the decision which satisfies the conditions necessary to establish its authenticity;

| (b) | the attestation issued by the court or competent authority of the Member State of origin using the form established in accordance with the advisory procedure referred to in Article 37c(2), without prejudice to Article 31d. |
| --- | --- |

(b)

the attestation issued by the court or competent authority of the Member State of origin using the form established in accordance with the advisory procedure referred to in Article 37c(2), without prejudice to Article 31d.

(Corresponds to Article 46 of Regulation (EU) No 650/2012.)

Amendment 86

Proposal for a regulation

Article 31 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31d |
| | Non-production of the attestation |
| | 1.
     
  If the attestation referred to in point (b) of Article 31c(3) is not produced, the court or competent authority may specify a time for its production or accept an equivalent document or, if it considers that it has sufficient information before it, dispense with its production. |
| | 2.
     
  If the court or competent authority so requires, a translation of the documents shall be produced. The translation shall be done by a person qualified to do translations in one of the Member States. |

Text proposed by the Commission

Amendment

Article 31d

Non-production of the attestation

1.
     
  If the attestation referred to in point (b) of Article 31c(3) is not produced, the court or competent authority may specify a time for its production or accept an equivalent document or, if it considers that it has sufficient information before it, dispense with its production.

2.
     
  If the court or competent authority so requires, a translation of the documents shall be produced. The translation shall be done by a person qualified to do translations in one of the Member States.

(Corresponds to Article 47 of Regulation (EU) No 650/2012.)

Amendment 87

Proposal for a regulation

Article 31 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31e |
| | Declaration of enforceability |
| | The decision shall be declared enforceable immediately on completion of the formalities in Article 31c without any review under Article 27. The party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application. |

Text proposed by the Commission

Amendment

Article 31e

Declaration of enforceability

The decision shall be declared enforceable immediately on completion of the formalities in Article 31c without any review under Article 27. The party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application.

(Corresponds to Article 48 of Regulation (EU) No 650/2012.)

Amendment 88

Proposal for a regulation

Article 31 f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31f |
| | Notice of the decision on the application for a declaration of enforceability |
| | 1.
     
  The decision on the application for a declaration of enforceability shall forthwith be brought to the notice of the applicant in accordance with the procedure laid down by the law of the Member State of enforcement. |
| | 2.
     
  The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the decision, if not already served on that party. |

Text proposed by the Commission

Amendment

Article 31f

Notice of the decision on the application for a declaration of enforceability

1.
     
  The decision on the application for a declaration of enforceability shall forthwith be brought to the notice of the applicant in accordance with the procedure laid down by the law of the Member State of enforcement.

2.
     
  The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the decision, if not already served on that party.

(Corresponds to Article 49 of Regulation (EU) No 650/2012.)

Amendment 89

Proposal for a regulation

Article 31 g (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31 g |
| | Appeal against the decision on the application for a declaration of enforceability |
| | 1.
     
  The decision on the application for a declaration of enforceability may be appealed against by either party. |
| | 2.
     
  The appeal shall be lodged with the court communicated by the Member State concerned to the Commission in accordance with Article 37. |
| | 3.
     
  The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters. |
| | 4.
     
  If the party against whom enforcement is sought fails to appear before the appellate court in proceedings concerning an appeal brought by the applicant, Article 11 shall apply, even where the party against whom enforcement is sought is not domiciled in any of the Member States. |
| | 5.
     
  An appeal against the declaration of enforceability shall be lodged within 30 days of service thereof. If the party against whom enforcement is sought is domiciled in a Member State other than that in which the declaration of enforceability was given, the time for appealing shall be 60 days and shall run from the date of service, either on him or her in person or at his or her residence. No extension may be granted on account of distance. |

Text proposed by the Commission

Amendment

Article 31 g

Appeal against the decision on the application for a declaration of enforceability

1.
     
  The decision on the application for a declaration of enforceability may be appealed against by either party.

2.
     
  The appeal shall be lodged with the court communicated by the Member State concerned to the Commission in accordance with Article 37.

3.
     
  The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters.

4.
     
  If the party against whom enforcement is sought fails to appear before the appellate court in proceedings concerning an appeal brought by the applicant, Article 11 shall apply, even where the party against whom enforcement is sought is not domiciled in any of the Member States.

5.
     
  An appeal against the declaration of enforceability shall be lodged within 30 days of service thereof. If the party against whom enforcement is sought is domiciled in a Member State other than that in which the declaration of enforceability was given, the time for appealing shall be 60 days and shall run from the date of service, either on him or her in person or at his or her residence. No extension may be granted on account of distance.

(Corresponds to Article 50 of Regulation (EU) No 650/2012.)

Amendment 90

Proposal for a regulation

Article 31 h (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31h |
| | Procedure to contest the decision given on appeal |
| | The decision given on the appeal may be contested only by the procedure communicated by the Member State concerned to the Commission in accordance with Article 37. |

Text proposed by the Commission

Amendment

Article 31h

Procedure to contest the decision given on appeal

The decision given on the appeal may be contested only by the procedure communicated by the Member State concerned to the Commission in accordance with Article 37.

(Corresponds to Article 51 of Regulation (EU) No 650/2012.)

Amendment 91

Proposal for a regulation

Article 31 i (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31i |
| | Refusal or revocation of a declaration of enforceability |
| | The court with which an appeal is lodged under Article 31 g or Article 31h shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Article 27. It shall give its decision without delay. |

Text proposed by the Commission

Amendment

Article 31i

Refusal or revocation of a declaration of enforceability

The court with which an appeal is lodged under Article 31 g or Article 31h shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Article 27. It shall give its decision without delay.

(Corresponds to Article 52 of Regulation (EU) No 650/2012.)

Amendment 92

Proposal for a regulation

Article 31 j (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31j |
| | Staying of proceedings |
| | The court with which an appeal is lodged under Article 31 g or Article 31h shall, on the application of the party against whom enforcement is sought, stay the proceedings if the enforceability of the decision is suspended in the Member State of origin by reason of an appeal. |

Text proposed by the Commission

Amendment

Article 31j

Staying of proceedings

The court with which an appeal is lodged under Article 31 g or Article 31h shall, on the application of the party against whom enforcement is sought, stay the proceedings if the enforceability of the decision is suspended in the Member State of origin by reason of an appeal.

(Corresponds to Article 53 of Regulation (EU) No 650/2012.)

Amendment 93

Proposal for a regulation

Article 31 k (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31k |
| | Provisional, including protective, measures |
| | 1.
     
  When a decision must be recognised in accordance with this Section, nothing shall prevent the applicant from availing himself or herself of provisional, including protective, measures in accordance with the law of the Member State of enforcement without a declaration of enforceability under Article 31e being required. |
| | 2.
     
  The declaration of enforceability shall carry with it by operation of law the power to proceed to any protective measures. |
| | 3.
     
  During the time specified for an appeal pursuant to Article 31 g(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought. |

Text proposed by the Commission

Amendment

Article 31k

Provisional, including protective, measures

1.
     
  When a decision must be recognised in accordance with this Section, nothing shall prevent the applicant from availing himself or herself of provisional, including protective, measures in accordance with the law of the Member State of enforcement without a declaration of enforceability under Article 31e being required.

2.
     
  The declaration of enforceability shall carry with it by operation of law the power to proceed to any protective measures.

3.
     
  During the time specified for an appeal pursuant to Article 31 g(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought.

(Corresponds to Article 54 of Regulation (EU) No 650/2012.)

Amendment 94

Proposal for a regulation

Article 31 l (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31l |
| | Partial enforceability |
| | 1.
     
  Where a decision has been given in respect of several matters and the declaration of enforceability cannot be given for all of them, the court or competent authority shall give it for one or more of them. |
| | 2.
     
  An applicant may request a declaration of enforceability limited to parts of a decision. |

Text proposed by the Commission

Amendment

Article 31l

Partial enforceability

1.
     
  Where a decision has been given in respect of several matters and the declaration of enforceability cannot be given for all of them, the court or competent authority shall give it for one or more of them.

2.
     
  An applicant may request a declaration of enforceability limited to parts of a decision.

(Corresponds to Article 55 of Regulation (EU) No 650/2012.)

Amendment 95

Proposal for a regulation

Article 31 m (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31m |
| | Legal aid |
| | An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in any proceedings for a declaration of enforceability, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the Member State of enforcement. |

Text proposed by the Commission

Amendment

Article 31m

Legal aid

An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses, shall be entitled, in any proceedings for a declaration of enforceability, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the Member State of enforcement.

(Corresponds to Article 56 of Regulation (EU) No 650/2012.)

Amendment 96

Proposal for a regulation

Article 31 n (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31n |
| | No security, bond or deposit |
| | No security, bond or deposit, however described, shall be required of a party who in one Member State applies for recognition, enforceability or enforcement of a decision given in another Member State on the ground that he or she is a foreign national or that he or she is not domiciled or resident in the Member State of enforcement. |

Text proposed by the Commission

Amendment

Article 31n

No security, bond or deposit

No security, bond or deposit, however described, shall be required of a party who in one Member State applies for recognition, enforceability or enforcement of a decision given in another Member State on the ground that he or she is a foreign national or that he or she is not domiciled or resident in the Member State of enforcement.

(Corresponds to Article 57 of Regulation (EU) No 650/2012.)

Amendment 97

Proposal for a regulation

Article 31 o (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 31o |
| | No charge, duty or fee |
| | In proceedings for the issue of a declaration of enforceability, no charge, duty or fee calculated by reference to the value of the matter at issue may be levied in the Member State of enforcement. |

Text proposed by the Commission

Amendment

Article 31o

No charge, duty or fee

In proceedings for the issue of a declaration of enforceability, no charge, duty or fee calculated by reference to the value of the matter at issue may be levied in the Member State of enforcement.

(Corresponds to Article 58 of Regulation (EU) No 650/2012.)

Amendment 98

Proposal for a regulation

Article 32

| Text proposed by the Commission | Amendment |
| --- | --- |
| Recognition
  of authentic instruments | Acceptance
  of authentic instruments |
| 1.   Authentic
  instruments drawn up
  in a Member State shall
  be recognised in the other Member States, unless their validity is disputed in accordance with the applicable law, and
  provided
  such recognition
  is not contrary to public policy
  in
  the Member State
  addressed
  . | 1.   
  An
  authentic
  instrument established in
  a Member State shall
  have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects
  , provided
  that this
  is not
  manifestly
  contrary to
  the
  public policy
  (ordre public) of
  the Member State
  concerned
  . |
| | A person wishing to use an authentic instrument in another Member State may ask the authority establishing the authentic instrument in the Member State of origin to fill in the form established in accordance with the advisory procedure referred to in Article 37c(2) describing the evidentiary effects which the authentic instrument produces in the Member State of origin. |
| | 1a.
     
  Any challenge relating to the authenticity of an authentic instrument shall be made before the courts of the Member State of origin and shall be decided upon under the law of that State. The authentic instrument challenged shall not produce any evidentiary effect in another Member State as long as the challenge is pending before the competent court. |
| | 1b.
     
  Any challenge relating to the legal acts or legal relationships recorded in an authentic instrument shall be made before the courts having jurisdiction under this Regulation and shall be decided upon under the law applicable pursuant to Chapter III or the law referred to in Article 36. The authentic instrument challenged shall not produce any evidentiary effect in a Member State other than the Member State of origin as regards the matter being challenged as long as the challenge is pending before the competent court. |
| | 1c.
     
  If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question relating to the legal acts or legal relationships recorded in an authentic instrument concerning a property regime, that court shall have jurisdiction over that question. |
| 2.
     
  The recognition of authentic instruments confers on them evidentiary effect with regard to their contents and a presumption of validity. | |

Text proposed by the Commission

Amendment

Recognition
  of authentic instruments

Acceptance
  of authentic instruments

1.   Authentic
  instruments drawn up
  in a Member State shall
  be recognised in the other Member States, unless their validity is disputed in accordance with the applicable law, and
  provided
  such recognition
  is not contrary to public policy
  in
  the Member State
  addressed
  .

1.   
  An
  authentic
  instrument established in
  a Member State shall
  have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects
  , provided
  that this
  is not
  manifestly
  contrary to
  the
  public policy
  (ordre public) of
  the Member State
  concerned
  .

A person wishing to use an authentic instrument in another Member State may ask the authority establishing the authentic instrument in the Member State of origin to fill in the form established in accordance with the advisory procedure referred to in Article 37c(2) describing the evidentiary effects which the authentic instrument produces in the Member State of origin.

1a.
     
  Any challenge relating to the authenticity of an authentic instrument shall be made before the courts of the Member State of origin and shall be decided upon under the law of that State. The authentic instrument challenged shall not produce any evidentiary effect in another Member State as long as the challenge is pending before the competent court.

1b.
     
  Any challenge relating to the legal acts or legal relationships recorded in an authentic instrument shall be made before the courts having jurisdiction under this Regulation and shall be decided upon under the law applicable pursuant to Chapter III or the law referred to in Article 36. The authentic instrument challenged shall not produce any evidentiary effect in a Member State other than the Member State of origin as regards the matter being challenged as long as the challenge is pending before the competent court.

1c.
     
  If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question relating to the legal acts or legal relationships recorded in an authentic instrument concerning a property regime, that court shall have jurisdiction over that question.

2.
     
  The recognition of authentic instruments confers on them evidentiary effect with regard to their contents and a presumption of validity.

(Corresponds to Article 59 of Regulation (EU) No 650/2012.)

Amendment 99

Proposal for a regulation

Article 33

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Authentic
  instruments drawn up and
  enforceable in
  one
  Member State shall
  , on request,
  be declared enforceable in another Member State
  following
  the procedure
  set out
  in
  Articles [38 to 57] of Regulation (EC) No 44/2001
  . | 1.   
  An
  authentic
  instrument which is
  enforceable in
  the
  Member State
  of origin
  shall be declared enforceable in another Member State
  on the application of any interested party in accordance with
  the procedure
  provided for
  in
  Articles 31b to 31o
  . |
| | 1a.
     
  For the purposes of point (b) of Article 31c(3), the authority which established the authentic instrument shall, on the application of any interested party, issue an attestation using the form established in accordance with the advisory procedure referred to in Article 37c(2). |
| 2.   The court with which an appeal is lodged under
  Articles [43 and 44] of Regulation (EC) No 44/2001 may
  refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy
  in
  the Member State
  addressed
  . | 2.   The court with which an appeal is lodged under
  Article 31 g or Article 31h shall
  refuse or revoke a declaration of enforceability only if enforcement of the authentic instrument is manifestly contrary to
  the
  public policy
  (ordre public) of
  the Member State
  of enforcement
  . |

Text proposed by the Commission

Amendment

1.   Authentic
  instruments drawn up and
  enforceable in
  one
  Member State shall
  , on request,
  be declared enforceable in another Member State
  following
  the procedure
  set out
  in
  Articles [38 to 57] of Regulation (EC) No 44/2001
  .

1.   
  An
  authentic
  instrument which is
  enforceable in
  the
  Member State
  of origin
  shall be declared enforceable in another Member State
  on the application of any interested party in accordance with
  the procedure
  provided for
  in
  Articles 31b to 31o
  .

1a.
     
  For the purposes of point (b) of Article 31c(3), the authority which established the authentic instrument shall, on the application of any interested party, issue an attestation using the form established in accordance with the advisory procedure referred to in Article 37c(2).

2.   The court with which an appeal is lodged under
  Articles [43 and 44] of Regulation (EC) No 44/2001 may
  refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy
  in
  the Member State
  addressed
  .

2.   The court with which an appeal is lodged under
  Article 31 g or Article 31h shall
  refuse or revoke a declaration of enforceability only if enforcement of the authentic instrument is manifestly contrary to
  the
  public policy
  (ordre public) of
  the Member State
  of enforcement
  .

(Corresponds to Article 60 of Regulation (EU) No 650/2012.)

Amendment 100

Proposal for a regulation

Article 34

| Text proposed by the Commission | Amendment |
| --- | --- |
| Recognition and
  enforceability of court settlements | Enforceability of court settlements |
| Court settlements
  that
  are enforceable in the Member State of origin shall be
  recognised and
  declared enforceable in another Member State
  at the request
  of any interested party
  under the same conditions as authentic instruments
  . The court with which an appeal is lodged under
  Article [42 or 44] of Regulation (EC) No 44/2001 may
  refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to public policy
  in
  the Member State
  addressed
  . | 1.
     Court settlements
  which
  are enforceable in the Member State of origin shall be declared enforceable in another Member State
  on the application
  of any interested party
  in accordance with the procedure provided for in Articles 31b to 31o
  . |
| | 1a.
     
  For the purposes of point (b) of Article 31c(3), the court which approved the settlement or before which it was concluded shall, on the application of any interested party, issue an attestation using the form established in accordance with the advisory procedure referred to in Article 37c(2). |
| | 1b.
     The court with which an appeal is lodged under
  Article 31 g or 31h shall
  refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to
  the
  public policy
  (ordre public) of
  the Member State
  of enforcement
  . |

Text proposed by the Commission

Amendment

Recognition and
  enforceability of court settlements

Enforceability of court settlements

Court settlements
  that
  are enforceable in the Member State of origin shall be
  recognised and
  declared enforceable in another Member State
  at the request
  of any interested party
  under the same conditions as authentic instruments
  . The court with which an appeal is lodged under
  Article [42 or 44] of Regulation (EC) No 44/2001 may
  refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to public policy
  in
  the Member State
  addressed
  .

1.
     Court settlements
  which
  are enforceable in the Member State of origin shall be declared enforceable in another Member State
  on the application
  of any interested party
  in accordance with the procedure provided for in Articles 31b to 31o
  .

1a.
     
  For the purposes of point (b) of Article 31c(3), the court which approved the settlement or before which it was concluded shall, on the application of any interested party, issue an attestation using the form established in accordance with the advisory procedure referred to in Article 37c(2).

1b.
     The court with which an appeal is lodged under
  Article 31 g or 31h shall
  refuse or revoke a declaration of enforceability only if enforcement of the court settlement is manifestly contrary to
  the
  public policy
  (ordre public) of
  the Member State
  of enforcement
  .

(Corresponds to Article 61 of Regulation (EU) No 650/2012.)

Amendment 101

Proposal for a regulation

Article 35 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Effects in respect
  of third parties | Protection
  of third parties |

Text proposed by the Commission

Amendment

Effects in respect
  of third parties

Protection
  of third parties

Amendment 102

Proposal for a regulation

Article 35 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   However,
  the law of a Member State may provide that
  the law applicable to the matrimonial property regime
  may not be relied on by a spouse
  in dealings with a third party if
  one or other has
  their habitual residence in
  the territory of that Member
  State
  and the conditions of disclosure or registration provided for in the law of that State are not satisfied, unless the third party was aware of or ought to have been aware of the
  law applicable to the matrimonial property regime. | 2.   However,
  in a legal relationship between a spouse and a third party, neither of the spouses may rely on
  the law applicable to the matrimonial property regime if
  the spouse in a legal relationship with the third party and the third party have
  their habitual residence in
  the same
  State
  , which is not the State whose law is
  applicable to the matrimonial property regime.
  In such cases, the law of the Member State of the habitual residence of that spouse and the third party shall apply to the effects on the third party of the matrimonial property regime. |

Text proposed by the Commission

Amendment

2.   However,
  the law of a Member State may provide that
  the law applicable to the matrimonial property regime
  may not be relied on by a spouse
  in dealings with a third party if
  one or other has
  their habitual residence in
  the territory of that Member
  State
  and the conditions of disclosure or registration provided for in the law of that State are not satisfied, unless the third party was aware of or ought to have been aware of the
  law applicable to the matrimonial property regime.

2.   However,
  in a legal relationship between a spouse and a third party, neither of the spouses may rely on
  the law applicable to the matrimonial property regime if
  the spouse in a legal relationship with the third party and the third party have
  their habitual residence in
  the same
  State
  , which is not the State whose law is
  applicable to the matrimonial property regime.
  In such cases, the law of the Member State of the habitual residence of that spouse and the third party shall apply to the effects on the third party of the matrimonial property regime.

Amendment 103

Proposal for a regulation

Article 35 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   
  The law of the Member State in which immovable property is located may provide for a similar rule to that laid down in paragraph 2 in respect of the legal relationship between a spouse and a third party in respect of that property
  . | 3.   
  Paragraph 2 shall not apply if: |
| | (a) | the third party was aware, or ought to have been aware, of the legal order applicable to the matrimonial property regime, or |

Text proposed by the Commission

Amendment

3.   
  The law of the Member State in which immovable property is located may provide for a similar rule to that laid down in paragraph 2 in respect of the legal relationship between a spouse and a third party in respect of that property
  .

3.   
  Paragraph 2 shall not apply if:

(a)

the third party was aware, or ought to have been aware, of the legal order applicable to the matrimonial property regime, or

| (b) | the requirements concerning registration or disclosure of the matrimonial property regime in accordance with the law of the State of the habitual residence of the third party and the spouse dealing with the third party were fulfilled, or |
| --- | --- |

(b)

the requirements concerning registration or disclosure of the matrimonial property regime in accordance with the law of the State of the habitual residence of the third party and the spouse dealing with the third party were fulfilled, or

| (c) | in dealings concerning immovable property, the requirements concerning registration or disclosure of the matrimonial property regime in respect of the immovable property in accordance with the law of the State of the location of the immovable property were fulfilled
  . |
| --- | --- |

(c)

in dealings concerning immovable property, the requirements concerning registration or disclosure of the matrimonial property regime in respect of the immovable property in accordance with the law of the State of the location of the immovable property were fulfilled
  .

Amendment 104

Proposal for a regulation

Article - 36 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article - 36 |
| | Habitual residence |
| | 1.
     
  For the purposes of this Regulation, the habitual residence of companies and other bodies, corporate or unincorporated, shall be the place of their central administration. |
| | The habitual residence of a natural person acting in the course of his or her business activity shall be his or her principal place of business. |
| | 2.
     
  Where the legal relationship is concluded in the course of the operations of a branch, agency or any other establishment, or if, under the contract, performance is the responsibility of such branch, agency or establishment, the place where the branch, agency or any other establishment is located shall be treated as the place of habitual residence. |
| | 3.
     
  For the purposes of determining the habitual residence, the relevant point in time shall be the time of the conclusion of the legal relationship. |

Text proposed by the Commission

Amendment

Article - 36

Habitual residence

1.
     
  For the purposes of this Regulation, the habitual residence of companies and other bodies, corporate or unincorporated, shall be the place of their central administration.

The habitual residence of a natural person acting in the course of his or her business activity shall be his or her principal place of business.

2.
     
  Where the legal relationship is concluded in the course of the operations of a branch, agency or any other establishment, or if, under the contract, performance is the responsibility of such branch, agency or establishment, the place where the branch, agency or any other establishment is located shall be treated as the place of habitual residence.

3.
     
  For the purposes of determining the habitual residence, the relevant point in time shall be the time of the conclusion of the legal relationship.

Amendment 105

Proposal for a regulation

Article 37 — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the names and contact details of the courts and authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 31b(1) and with appeals against decisions on such applications in accordance with Article 31 g(2); |

Text proposed by the Commission

Amendment

(ba)

the names and contact details of the courts and authorities with competence to deal with applications for a declaration of enforceability in accordance with Article 31b(1) and with appeals against decisions on such applications in accordance with Article 31 g(2);

(Corresponds to Article 78(1), point (a), of Regulation (EU) No 650/2012.)

Amendment 106

Proposal for a regulation

Article 37 — paragraph 1 — point b b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (bb) | the procedures to contest the decision given on appeal referred to in Article 31h; |

Text proposed by the Commission

Amendment

(bb)

the procedures to contest the decision given on appeal referred to in Article 31h;

Amendment 108

Proposal for a regulation

Article 37 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available by appropriate means, in particular through the multilingual internet site of the European Judicial Network in civil and commercial matters. | 3.   The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available
  in a simple manner
  by appropriate means, in particular, through the multilingual internet site of the European Judicial Network in civil and commercial matters. |
| | The Member States shall ensure that the information on that multilingual website is also accessible through any official website they set up, in particular by providing a link to the Commission website. |

Text proposed by the Commission

Amendment

3.   The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available by appropriate means, in particular through the multilingual internet site of the European Judicial Network in civil and commercial matters.

3.   The Commission shall make all information communicated in accordance with paragraphs 1 and 2 publicly available
  in a simple manner
  by appropriate means, in particular, through the multilingual internet site of the European Judicial Network in civil and commercial matters.

The Member States shall ensure that the information on that multilingual website is also accessible through any official website they set up, in particular by providing a link to the Commission website.

(Corresponds to Article 78(3) of Regulation (EU) No 650/2012.)

Amendment 109

Proposal for a regulation

Article 37 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  The Commission shall introduce an information and training tool for the relevant court officials and legal practitioners by setting up an interactive portal in all official languages of the institutions of the Union, including a system for sharing professional expertise and practices. |

Text proposed by the Commission

Amendment

3a.
     
  The Commission shall introduce an information and training tool for the relevant court officials and legal practitioners by setting up an interactive portal in all official languages of the institutions of the Union, including a system for sharing professional expertise and practices.

Amendment 110

Proposal for a regulation

Article 37 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 37a |
| | Establishment and subsequent amendment of the list containing the information referred to in Article 2(1a) |
| | 1.
     
  The Commission shall, on the basis of the notifications by the Member States, establish the list of the other authorities and legal professionals referred to in Article 2(1a). |
| | 2.
     
  The Member States shall notify the Commission of any subsequent changes to the information contained in that list. The Commission shall amend the list accordingly. |
| | 3.
     
  The Commission shall publish the list and any subsequent amendments in the Official Journal of the European Union. |
| | 4.
     
  The Commission shall make all information notified in accordance with paragraphs 1 and 2 publicly available through any other appropriate means, in particular through the European Judicial Network in civil and commercial matters. |

Text proposed by the Commission

Amendment

Article 37a

Establishment and subsequent amendment of the list containing the information referred to in Article 2(1a)

1.
     
  The Commission shall, on the basis of the notifications by the Member States, establish the list of the other authorities and legal professionals referred to in Article 2(1a).

2.
     
  The Member States shall notify the Commission of any subsequent changes to the information contained in that list. The Commission shall amend the list accordingly.

3.
     
  The Commission shall publish the list and any subsequent amendments in the Official Journal of the European Union.

4.
     
  The Commission shall make all information notified in accordance with paragraphs 1 and 2 publicly available through any other appropriate means, in particular through the European Judicial Network in civil and commercial matters.

(Corresponds to Article 79 of Regulation (EU) No 650/2012.)

Amendment 111

Proposal for a regulation

Article 37 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 37b |
| | Establishment and subsequent amendment of the attestations and forms referred to in Articles 31c, 32, 33 and 34 |
| | The Commission shall adopt implementing acts establishing and subsequently amending the attestations and forms referred to in Articles 31c, 32, 33 and 34. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37c(2). |

Text proposed by the Commission

Amendment

Article 37b

Establishment and subsequent amendment of the attestations and forms referred to in Articles 31c, 32, 33 and 34

The Commission shall adopt implementing acts establishing and subsequently amending the attestations and forms referred to in Articles 31c, 32, 33 and 34. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 37c(2).

(Corresponds to Article 80 of Regulation (EU) No 650/2012.)

Amendment 112

Proposal for a regulation

Article 37 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 37c |
| | Committee procedure |
| | 1.
     
  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. |
| | 2.
     
  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. |

Text proposed by the Commission

Amendment

Article 37c

Committee procedure

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

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

(Corresponds to Article 81 of Regulation (EU) No 650/2012.)

Amendment 113

Proposal for a regulation

Article 39 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Chapter III shall apply only to spouses who
  marry or who specify the law applicable to the matrimonial property regime
  after the date of application of this Regulation. | 3.   Chapter III shall apply only to spouses who after the date of application of this Regulation: |
| | (a) | marry, or |

Text proposed by the Commission

Amendment

3.   Chapter III shall apply only to spouses who
  marry or who specify the law applicable to the matrimonial property regime
  after the date of application of this Regulation.

3.   Chapter III shall apply only to spouses who after the date of application of this Regulation:

(a)

marry, or

| (b) | specify the law applicable to the matrimonial property regime. |
| --- | --- |

(b)

specify the law applicable to the matrimonial property regime.

An agreement on the choice of applicable law concluded before [the time of application of this Regulation] shall likewise be valid if it meets the conditions laid down in Chapter III or if it is valid in application of the rules of private international law in force at the time when the agreement on the choice of law is concluded.

---

(1)  

  OJ L 201, 27.7.2012, p. 107.

(2)  

  OJ L 55, 28.2.2011, p. 13.

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/294 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/294

---

P7_TA(2013)0340

Right of access to a lawyer in criminal proceedings and right to communicate upon arrest ***I

European Parliament legislative resolution of 10 September 2013 on the proposal for a directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest (COM(2011)0326 — C7-0157/2011 — 2011/0154(COD))

(Ordinary legislative procedure: first reading)

(2016/C 093/34)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0326), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0326),

| — | having regard to Article 294(2) and Article 82(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0157/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 82(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0157/2011),

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

—

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

| — | having regard to the contributions submitted by the Bulgarian Parliament, the Italian Senate and the Portuguese Parliament on the draft legislative act, |
| --- | --- |

—

having regard to the contributions submitted by the Bulgarian Parliament, the Italian Senate and the Portuguese Parliament on the draft legislative act,

| — | having regard to the opinion of the European Economic and Social Committee of 7 December 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 7 December 2011 (1),

| — | after consulting the Committee of the Regions, |
| --- | --- |

—

after consulting the Committee of the Regions,

| — | having regard to the undertaking given by the Council representative by letter of 4 June 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 4 June 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Legal Affairs (A7-0228/2013), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Legal Affairs (A7-0228/2013),

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

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

3.

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

---

(1)  OJ C 43, 15.2.2012, p. 51.

---

P7_TC1-COD(2011)0154

Position of the European Parliament adopted at first reading on 10 September 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2013/48/EU.)

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/295 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/295

---

P7_TA(2013)0341

Credit agreements relating to residential property ***I

Amendments adopted
  by the
  European Parliament on 10 September 2013 on the proposal for a directive of the European Parliament and of the Council on credit agreements relating to residential property (COM(2011)0142 — C7-0085/2011 — 2011/0062(COD))
   (1)

(Ordinary legislative procedure: first reading)

(2016/C 093/35)

[Amendment No 117]

AMENDMENTS BY THE EUROPEAN PARLIAMENT (*)

to the Commission proposal

---

(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0202/2012).

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

---

DIRECTIVE 2013/.../EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on credit agreements for consumers relating to residential immovable property and amending Directive 2008/48/EC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Central Bank (1),

Having regard to the opinion of the European Economic and Social Committee (2),

▌

Acting in accordance with the ordinary legislative procedure,

Whereas:

| (1) | In March 2003, the Commission launched a process of identifying and assessing the impact of barriers to the internal market for credit agreements relating to residential immovable property. On 18 December 2007, it adopted a White Paper on the Integration of EU Mortgage Credit Markets. The White Paper announced the Commission’s intention to assess the impact of, among other things, the policy options for pre-contractual information, credit databases, creditworthiness, the annual percentage rate of charge (APRC) and advice
  on credit agreements
  . The Commission established an Expert Group on Credit Histories to assist the Commission in preparing measures to improve the accessibility, comparability and completeness of credit data. Studies on the role and operations of credit intermediaries and non-credit institutions providing credit agreements relating to residential immovable property were also launched. |
| --- | --- |

(1)

In March 2003, the Commission launched a process of identifying and assessing the impact of barriers to the internal market for credit agreements relating to residential immovable property. On 18 December 2007, it adopted a White Paper on the Integration of EU Mortgage Credit Markets. The White Paper announced the Commission’s intention to assess the impact of, among other things, the policy options for pre-contractual information, credit databases, creditworthiness, the annual percentage rate of charge (APRC) and advice
  on credit agreements
  . The Commission established an Expert Group on Credit Histories to assist the Commission in preparing measures to improve the accessibility, comparability and completeness of credit data. Studies on the role and operations of credit intermediaries and non-credit institutions providing credit agreements relating to residential immovable property were also launched.

| (2) | In accordance with the Treaty
  on the Functioning of the European Union (TFEU)
  , the internal market comprises an area without internal frontiers in which the free movement of goods and services and the freedom of establishment are ensured. The development of a more transparent and efficient credit market within that area is vital in promoting the development of cross-border activity and creating an internal market
  for
  credit agreements relating to residential immovable property. There are substantial differences in the laws of the various Member States with regard to
  the
  conduct of business in the granting of credit agreements relating to residential immovable property and in the regulation and supervision of credit intermediaries and non-credit institutions providing credit agreements relating to residential immovable property. Such differences create obstacles that restrict the level of cross-border activity on the supply and demand sides, thus reducing competition and choice in the market, raising the cost of lending for providers and even preventing them from doing business. |
| --- | --- |

(2)

In accordance with the Treaty
  on the Functioning of the European Union (TFEU)
  , the internal market comprises an area without internal frontiers in which the free movement of goods and services and the freedom of establishment are ensured. The development of a more transparent and efficient credit market within that area is vital in promoting the development of cross-border activity and creating an internal market
  for
  credit agreements relating to residential immovable property. There are substantial differences in the laws of the various Member States with regard to
  the
  conduct of business in the granting of credit agreements relating to residential immovable property and in the regulation and supervision of credit intermediaries and non-credit institutions providing credit agreements relating to residential immovable property. Such differences create obstacles that restrict the level of cross-border activity on the supply and demand sides, thus reducing competition and choice in the market, raising the cost of lending for providers and even preventing them from doing business.

| (3) | The financial crisis has shown that irresponsible behaviour by market participants can undermine the foundations of the financial system, leading to a lack of confidence among all parties, in particular consumers, and potentially severe social and economic consequences. Many consumers have lost confidence in the financial sector and borrowers have found their loans increasingly unaffordable,
  resulting in
  defaults and forced sales rising.
  As a result, the G20 has commissioned work from the Financial Stability Board to establish principles on sound underwriting standards in relation to residential immovable property. Although some of the greatest problems in the financial crisis occurred outside the Union, consumers within the Union hold significant levels of debt, much of which is concentrated in credits related to residential immovable property. It is therefore appropriate to ensure that the Union's regulatory framework in this area is robust, consistent with international principles and makes appropriate use of the range of tools available, which may include the use of loan-to-value, loan-to-income, debt-to-income or similar ratios, minimum levels below which no credit would be deemed acceptable or other compensatory measures for the situations where the underlying risks are higher to consumers or where needed to prevent household over-indebtedness.
  In view of the problems brought to light in the financial crisis and
  with a view to ensuring
  an efficient and competitive internal market
  which contributes to financial stability
  , the Commission has proposed
  , in its Communication of 4 March 2009 entitled ‘Driving European recovery’,
  measures with regard to credit agreements relating to residential immovable property, including a reliable framework on credit intermediation, in the context of delivering responsible and reliable markets for the future and restoring consumer confidence
  . The Commission reaffirmed its commitment to an efficient and competitive internal market in its Communication of 13 April 2011 entitled ‘Single Market Act: Twelve levers to boost growth and strengthen confidence’. |
| --- | --- |

(3)

The financial crisis has shown that irresponsible behaviour by market participants can undermine the foundations of the financial system, leading to a lack of confidence among all parties, in particular consumers, and potentially severe social and economic consequences. Many consumers have lost confidence in the financial sector and borrowers have found their loans increasingly unaffordable,
  resulting in
  defaults and forced sales rising.
  As a result, the G20 has commissioned work from the Financial Stability Board to establish principles on sound underwriting standards in relation to residential immovable property. Although some of the greatest problems in the financial crisis occurred outside the Union, consumers within the Union hold significant levels of debt, much of which is concentrated in credits related to residential immovable property. It is therefore appropriate to ensure that the Union's regulatory framework in this area is robust, consistent with international principles and makes appropriate use of the range of tools available, which may include the use of loan-to-value, loan-to-income, debt-to-income or similar ratios, minimum levels below which no credit would be deemed acceptable or other compensatory measures for the situations where the underlying risks are higher to consumers or where needed to prevent household over-indebtedness.
  In view of the problems brought to light in the financial crisis and
  with a view to ensuring
  an efficient and competitive internal market
  which contributes to financial stability
  , the Commission has proposed
  , in its Communication of 4 March 2009 entitled ‘Driving European recovery’,
  measures with regard to credit agreements relating to residential immovable property, including a reliable framework on credit intermediation, in the context of delivering responsible and reliable markets for the future and restoring consumer confidence
  . The Commission reaffirmed its commitment to an efficient and competitive internal market in its Communication of 13 April 2011 entitled ‘Single Market Act: Twelve levers to boost growth and strengthen confidence’.

| (4) | A series of problems
  have been identified
  in ▌mortgage markets
  within the Union relating to
  irresponsible lending and borrowing ▌and the potential scope for irresponsible behaviour by
  market participants including
  credit intermediaries and non-credit institutions ▌. Some problems concerned credits denominated in a foreign currency which consumers had taken out in that currency in order to take advantage of the borrowing rate offered but without having ▌adequate
  information about or
  understanding of the exchange rate risk involved.
  Those
  problems are driven by market and regulatory failures as well as other factors such as the general economic climate and low levels of financial literacy. Other problems include ineffective, inconsistent, or non-existent ▌ regimes for credit intermediaries and non-credit institutions providing credit for residential immovable property. The problems identified have potentially significant macroeconomic spill-over effects, can lead to consumer detriment, act as economic or legal barriers to cross-border activity and create an unlevel playing field between actors. |
| --- | --- |

(4)

A series of problems
  have been identified
  in ▌mortgage markets
  within the Union relating to
  irresponsible lending and borrowing ▌and the potential scope for irresponsible behaviour by
  market participants including
  credit intermediaries and non-credit institutions ▌. Some problems concerned credits denominated in a foreign currency which consumers had taken out in that currency in order to take advantage of the borrowing rate offered but without having ▌adequate
  information about or
  understanding of the exchange rate risk involved.
  Those
  problems are driven by market and regulatory failures as well as other factors such as the general economic climate and low levels of financial literacy. Other problems include ineffective, inconsistent, or non-existent ▌ regimes for credit intermediaries and non-credit institutions providing credit for residential immovable property. The problems identified have potentially significant macroeconomic spill-over effects, can lead to consumer detriment, act as economic or legal barriers to cross-border activity and create an unlevel playing field between actors.

| (5) | In order to facilitate the emergence of a smoothly functioning internal market with a high level of consumer protection in the area of credit agreements relating to ▌immovable property
  and
  in order to ensure that consumers looking for
  such
  agreements ▌ are able to do so confident in the knowledge that the institutions they interact with act in a professional and responsible manner
  , an appropriately harmonised Union legal framework needs to be established in a number of areas, taking into account differences in credit agreements arising in particular from differences in national and regional immovable property markets
  . |
| --- | --- |

(5)

In order to facilitate the emergence of a smoothly functioning internal market with a high level of consumer protection in the area of credit agreements relating to ▌immovable property
  and
  in order to ensure that consumers looking for
  such
  agreements ▌ are able to do so confident in the knowledge that the institutions they interact with act in a professional and responsible manner
  , an appropriately harmonised Union legal framework needs to be established in a number of areas, taking into account differences in credit agreements arising in particular from differences in national and regional immovable property markets
  .

| (6) | This Directive should therefore develop a more transparent, efficient and competitive internal market, through consistent, flexible and fair credit agreements relating to immovable property, while promoting sustainable lending and borrowing and financial inclusion, and hence providing a high level of consumer protection. |
| --- | --- |

(6)

This Directive should therefore develop a more transparent, efficient and competitive internal market, through consistent, flexible and fair credit agreements relating to immovable property, while promoting sustainable lending and borrowing and financial inclusion, and hence providing a high level of consumer protection.

| (7) | In order to create a genuine internal market with a high and equivalent level of consumer protection, this Directive lays down provisions subject to maximum harmonisation in relation to the provision of pre-contractual information through the European Standardised Information Sheet (ESIS) standardised format and the calculation of the APRC. However, taking into account the specificity of credit agreements relating to immovable property and differences in market developments and conditions in Member States, concerning in particular market structure and market participants, categories of products available and procedures involved in the credit granting process, Member States should be allowed to maintain or introduce more stringent provisions than those laid down in this Directive in those areas not clearly specified as being subject to maximum harmonisation. Such a targeted approach is necessary in order to avoid adversely affecting the level of protection of consumers relating to credit agreements in the scope of this Directive. Member States should, for example, be allowed to maintain or introduce more stringent provisions with regard to knowledge and competence requirements for staff and instructions for completing the ESIS. |
| --- | --- |

(7)

In order to create a genuine internal market with a high and equivalent level of consumer protection, this Directive lays down provisions subject to maximum harmonisation in relation to the provision of pre-contractual information through the European Standardised Information Sheet (ESIS) standardised format and the calculation of the APRC. However, taking into account the specificity of credit agreements relating to immovable property and differences in market developments and conditions in Member States, concerning in particular market structure and market participants, categories of products available and procedures involved in the credit granting process, Member States should be allowed to maintain or introduce more stringent provisions than those laid down in this Directive in those areas not clearly specified as being subject to maximum harmonisation. Such a targeted approach is necessary in order to avoid adversely affecting the level of protection of consumers relating to credit agreements in the scope of this Directive. Member States should, for example, be allowed to maintain or introduce more stringent provisions with regard to knowledge and competence requirements for staff and instructions for completing the ESIS.

| (8) | This Directive should improve conditions for the establishment and functioning of the internal market through the approximation of Member States’ laws and the establishment of quality standards for certain services, in particular with regard to the distribution and provision of credit through creditors and credit intermediaries
  and the promotion of good practices
  . The establishment of quality standards for services for the provision of credit necessarily involves the introduction of
  certain
  provisions regarding
  admission, supervision
  and prudential requirements. |
| --- | --- |

(8)

This Directive should improve conditions for the establishment and functioning of the internal market through the approximation of Member States’ laws and the establishment of quality standards for certain services, in particular with regard to the distribution and provision of credit through creditors and credit intermediaries
  and the promotion of good practices
  . The establishment of quality standards for services for the provision of credit necessarily involves the introduction of
  certain
  provisions regarding
  admission, supervision
  and prudential requirements.

| (9) | For those areas not covered by this Directive, Member States are free to maintain or introduce national law.
  In particular,
  Member States may maintain or introduce national provisions in areas such as contract law relating to the validity of credit agreements, property
  law
  , land registration, contractual information
  and, to the extent that they are not regulated in this Directive
  , post-contractual issues.
  Member States may provide that the appraiser or appraisal company or notaries may be chosen by mutual agreement of the parties. Given the differences between the processes for the purchase or sale of residential immovable property in the Member States, there is scope for creditors or credit intermediaries to seek to receive payments in advance from consumers on the understanding that such payments could help to secure the conclusion of a credit agreement or the purchase or sale of an immovable property, and for such practices to be misused in particular where consumers are unfamiliar with the requirements and usual practice in that Member State. It is therefore appropriate to allow Member States to impose restrictions on such payments. |
| --- | --- |

(9)

For those areas not covered by this Directive, Member States are free to maintain or introduce national law.
  In particular,
  Member States may maintain or introduce national provisions in areas such as contract law relating to the validity of credit agreements, property
  law
  , land registration, contractual information
  and, to the extent that they are not regulated in this Directive
  , post-contractual issues.
  Member States may provide that the appraiser or appraisal company or notaries may be chosen by mutual agreement of the parties. Given the differences between the processes for the purchase or sale of residential immovable property in the Member States, there is scope for creditors or credit intermediaries to seek to receive payments in advance from consumers on the understanding that such payments could help to secure the conclusion of a credit agreement or the purchase or sale of an immovable property, and for such practices to be misused in particular where consumers are unfamiliar with the requirements and usual practice in that Member State. It is therefore appropriate to allow Member States to impose restrictions on such payments.

| (10) | This Directive should apply irrespective of whether the creditor or credit intermediary is a legal person or a natural person. However, this Directive should not affect the right of Member States to limit, in conformity with Union law, the role of creditor or credit intermediary under this Directive to legal persons only or to certain types of legal persons. |
| --- | --- |

(10)

This Directive should apply irrespective of whether the creditor or credit intermediary is a legal person or a natural person. However, this Directive should not affect the right of Member States to limit, in conformity with Union law, the role of creditor or credit intermediary under this Directive to legal persons only or to certain types of legal persons.

| (11) | Since
  consumers and enterprises are not in the same position, they do not need the same level of protection. While it is important to guarantee
  the rights of
  consumers ▌ by
  means of
  provisions that cannot be derogated from by contract, it is reasonable to allow enterprises and organisations to enter into other agreements. ▌ |
| --- | --- |

(11)

Since
  consumers and enterprises are not in the same position, they do not need the same level of protection. While it is important to guarantee
  the rights of
  consumers ▌ by
  means of
  provisions that cannot be derogated from by contract, it is reasonable to allow enterprises and organisations to enter into other agreements. ▌

| (12) | The definition of consumer should cover natural persons who are acting outside their trade, business or profession. However, in the case of dual purpose contracts, where the contract is concluded for purposes partly within and partly outside the person’s trade, business or profession and the trade, business or professional purpose is so limited as not to be predominant in the overall context of the contract, that person should also be considered as a consumer. |
| --- | --- |

(12)

The definition of consumer should cover natural persons who are acting outside their trade, business or profession. However, in the case of dual purpose contracts, where the contract is concluded for purposes partly within and partly outside the person’s trade, business or profession and the trade, business or professional purpose is so limited as not to be predominant in the overall context of the contract, that person should also be considered as a consumer.

| (13) | While this Directive regulates credit agreements which solely or predominantly relate to residential immovable property, it does not prevent Member States from extending the measures taken in accordance with this Directive to protect consumers in relation to credit agreements related to other forms of immovable property, or from otherwise regulating such credit agreements. |
| --- | --- |

(13)

While this Directive regulates credit agreements which solely or predominantly relate to residential immovable property, it does not prevent Member States from extending the measures taken in accordance with this Directive to protect consumers in relation to credit agreements related to other forms of immovable property, or from otherwise regulating such credit agreements.

| (14) | The definitions set out in this Directive determine the scope of harmonisation. The obligations of Member States to transpose this
  Directive should therefore
  be limited to its scope as determined by those definitions. For instance, the obligations of Member States to transpose this Directive are limited to credit agreements concluded with consumers, meaning with natural persons who, in transactions covered by this Directive, are acting outside their trade, business or profession. Similarly, Member States are obliged to transpose provisions of this Directive regulating the activity of persons acting as credit intermediary as defined in the Directive. However, this Directive should be without prejudice to the application by Member States, in accordance with Union law, of this Directive to areas not covered by its scope. In addition, the definitions set out in this Directive should be without prejudice to the possibility for Member States to adopt sub-definitions under national law for specific purposes, provided that they are still compliant with the definitions set out in this Directive. For example, Member States should be allowed to determine under national law sub-categories of credit intermediaries that are not identified in this Directive, where such sub-categories are necessary at national level for instance to differentiate the level of knowledge and competence requirements to be fulfilled by the different credit intermediaries. |
| --- | --- |

(14)

The definitions set out in this Directive determine the scope of harmonisation. The obligations of Member States to transpose this
  Directive should therefore
  be limited to its scope as determined by those definitions. For instance, the obligations of Member States to transpose this Directive are limited to credit agreements concluded with consumers, meaning with natural persons who, in transactions covered by this Directive, are acting outside their trade, business or profession. Similarly, Member States are obliged to transpose provisions of this Directive regulating the activity of persons acting as credit intermediary as defined in the Directive. However, this Directive should be without prejudice to the application by Member States, in accordance with Union law, of this Directive to areas not covered by its scope. In addition, the definitions set out in this Directive should be without prejudice to the possibility for Member States to adopt sub-definitions under national law for specific purposes, provided that they are still compliant with the definitions set out in this Directive. For example, Member States should be allowed to determine under national law sub-categories of credit intermediaries that are not identified in this Directive, where such sub-categories are necessary at national level for instance to differentiate the level of knowledge and competence requirements to be fulfilled by the different credit intermediaries.

| (15) | The objective of this Directive is to ensure that consumers entering into
  credit agreements relating to immovable property
  benefit from a high level of protection. It should therefore apply to credits secured by immovable property
  regardless of the purpose of the credit, refinancing agreements or other credit agreements that would help an owner or part owner continue to retain rights in immovable property or land and
  credits which are used to purchase an immovable property in some Member States
  including credits that do not require the reimbursement of the capital or, unless Member States have an adequate alternative framework in place, those whose purpose is to provide temporary financing between the sale of one immovable property and the purchase of another, and to secured
  credits for the renovation of residential immovable property ▌. |
| --- | --- |

(15)

The objective of this Directive is to ensure that consumers entering into
  credit agreements relating to immovable property
  benefit from a high level of protection. It should therefore apply to credits secured by immovable property
  regardless of the purpose of the credit, refinancing agreements or other credit agreements that would help an owner or part owner continue to retain rights in immovable property or land and
  credits which are used to purchase an immovable property in some Member States
  including credits that do not require the reimbursement of the capital or, unless Member States have an adequate alternative framework in place, those whose purpose is to provide temporary financing between the sale of one immovable property and the purchase of another, and to secured
  credits for the renovation of residential immovable property ▌.

| (16) | This Directive should not apply to certain credit agreements
  where the creditor contributes a lump sum, periodic payments or other forms of credit disbursement in return for a sum deriving from the sale
  of an immovable property and whose primary objective is to facilitate consumption, such as equity release products or other equivalent specialised products. Such credit agreements have specific characteristics which are beyond the scope of this Directive. An assessment of the consumer’s creditworthiness, for example, is irrelevant since the payments are made from the creditor to the consumer rather than the other way round. Such a transaction would require, inter alia, substantially different pre-contractual information. Furthermore, other products, such as home reversions, which have comparable functions to reverse mortgages or lifetime mortgages, do not involve the provision of credit and so would remain outside the scope of this Directive. ▌ |
| --- | --- |

(16)

This Directive should not apply to certain credit agreements
  where the creditor contributes a lump sum, periodic payments or other forms of credit disbursement in return for a sum deriving from the sale
  of an immovable property and whose primary objective is to facilitate consumption, such as equity release products or other equivalent specialised products. Such credit agreements have specific characteristics which are beyond the scope of this Directive. An assessment of the consumer’s creditworthiness, for example, is irrelevant since the payments are made from the creditor to the consumer rather than the other way round. Such a transaction would require, inter alia, substantially different pre-contractual information. Furthermore, other products, such as home reversions, which have comparable functions to reverse mortgages or lifetime mortgages, do not involve the provision of credit and so would remain outside the scope of this Directive. ▌

| (17) | This Directive should not cover other explicitly listed types of niche credit agreements, that are different in their nature and risks involved from standard mortgage credits and therefore require a tailored approach, in particular credit agreements which are the outcome of a
  settlement
  reached in court or before another statutory authority, and certain types of credit agreements where the credit is granted by an employer to his employees under certain circumstances, as already provided in Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers

   (3)

  . It is appropriate to allow Member States to exclude certain credit agreements, such as those which are granted to a restricted public on advantageous terms or provided by credit unions, provided that adequate alternative arrangements are in place to ensure that policy objectives relating to financial stability and the internal market can be met without impeding financial inclusion and access to credit. Credit agreements where the immovable property is not to be occupied as a house, apartment or another place of residence by the consumer or a family member of the consumer and is occupied as a house, apartment or another place of residence on a basis of a rental agreement, have risks and features that are different from standard credit agreements and therefore may require a more adapted framework. Member States should therefore be able to exclude such credit agreements from the Directive where an appropriate national framework is in place for them. |
| --- | --- |

(17)

This Directive should not cover other explicitly listed types of niche credit agreements, that are different in their nature and risks involved from standard mortgage credits and therefore require a tailored approach, in particular credit agreements which are the outcome of a
  settlement
  reached in court or before another statutory authority, and certain types of credit agreements where the credit is granted by an employer to his employees under certain circumstances, as already provided in Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers

   (3)

  . It is appropriate to allow Member States to exclude certain credit agreements, such as those which are granted to a restricted public on advantageous terms or provided by credit unions, provided that adequate alternative arrangements are in place to ensure that policy objectives relating to financial stability and the internal market can be met without impeding financial inclusion and access to credit. Credit agreements where the immovable property is not to be occupied as a house, apartment or another place of residence by the consumer or a family member of the consumer and is occupied as a house, apartment or another place of residence on a basis of a rental agreement, have risks and features that are different from standard credit agreements and therefore may require a more adapted framework. Member States should therefore be able to exclude such credit agreements from the Directive where an appropriate national framework is in place for them.

| (18) | Unsecured credit agreements the purpose of which is the renovation of a residential immovable property involving a total amount of credit above EUR 75 000 should fall under the scope of Directive 2008/48/EC in order to ensure an equivalent level of protection to those consumers and to avoid any regulatory gap between that Directive and this Directive. Directive 2008/48/EC should therefore be amended accordingly. |
| --- | --- |

(18)

Unsecured credit agreements the purpose of which is the renovation of a residential immovable property involving a total amount of credit above EUR 75 000 should fall under the scope of Directive 2008/48/EC in order to ensure an equivalent level of protection to those consumers and to avoid any regulatory gap between that Directive and this Directive. Directive 2008/48/EC should therefore be amended accordingly.

| (19) | For reasons of legal certainty, the Union
  legal
  framework in the area of credit agreements relating to residential immovable property should be consistent with and complementary to other Union acts, particularly in the areas of consumer protection and prudential supervision.
  Certain essential
  definitions
  including the definition
  of ▌‘consumer’, ▌ and ‘durable medium’, as well as key concepts used in standard information to designate the financial characteristics of the credit,
  including
  ‘total amount payable by the consumer’ and ▌‘borrowing rate ▌’ should be in line with those set out in Directive 2008/48/EC so that the same terminology refers to the same type of facts irrespective of whether the credit is a consumer credit or a credit relating to residential immovable property. Member States should therefore ensure, in the transposition of this Directive, that there is ▌consistency of application and interpretation
  in relation to those essential definitions and key concepts
  . |
| --- | --- |

(19)

For reasons of legal certainty, the Union
  legal
  framework in the area of credit agreements relating to residential immovable property should be consistent with and complementary to other Union acts, particularly in the areas of consumer protection and prudential supervision.
  Certain essential
  definitions
  including the definition
  of ▌‘consumer’, ▌ and ‘durable medium’, as well as key concepts used in standard information to designate the financial characteristics of the credit,
  including
  ‘total amount payable by the consumer’ and ▌‘borrowing rate ▌’ should be in line with those set out in Directive 2008/48/EC so that the same terminology refers to the same type of facts irrespective of whether the credit is a consumer credit or a credit relating to residential immovable property. Member States should therefore ensure, in the transposition of this Directive, that there is ▌consistency of application and interpretation
  in relation to those essential definitions and key concepts
  .

| (20) | In order to ensure a consistent framework for consumers in the area of credit as well as to minimise the administrative burden for creditors and credit intermediaries, the core framework of this Directive should follow the structure of Directive 2008/48/EC
  where possible
  , notably the notions that information included in advertising concerning credit agreements relating to residential immovable property ▌be provided to the consumer by means of a representative example, that detailed pre-contractual information ▌be given to the consumer by means of a standardised information sheet, that the consumer
  receives
  adequate explanations before
  concluding
  the credit agreement
  , a common basis be established for calculating the APRC excluding notary fees,
  and that creditors ▌ assess the consumer’s creditworthiness before
  providing
  a credit. Similarly, non-discriminatory access for creditors to relevant credit databases should be ensured in order to achieve a level playing field with the provisions laid down in Directive 2008/48/EC. Similarly to Directive 2008/48/EC, this Directive should ensure the appropriate
  admission process
  and supervision of all creditors providing credit agreements relating to ▌immovable property and should lay down requirements for the establishment of, and access to, out-of-court dispute resolution mechanisms. |
| --- | --- |

(20)

In order to ensure a consistent framework for consumers in the area of credit as well as to minimise the administrative burden for creditors and credit intermediaries, the core framework of this Directive should follow the structure of Directive 2008/48/EC
  where possible
  , notably the notions that information included in advertising concerning credit agreements relating to residential immovable property ▌be provided to the consumer by means of a representative example, that detailed pre-contractual information ▌be given to the consumer by means of a standardised information sheet, that the consumer
  receives
  adequate explanations before
  concluding
  the credit agreement
  , a common basis be established for calculating the APRC excluding notary fees,
  and that creditors ▌ assess the consumer’s creditworthiness before
  providing
  a credit. Similarly, non-discriminatory access for creditors to relevant credit databases should be ensured in order to achieve a level playing field with the provisions laid down in Directive 2008/48/EC. Similarly to Directive 2008/48/EC, this Directive should ensure the appropriate
  admission process
  and supervision of all creditors providing credit agreements relating to ▌immovable property and should lay down requirements for the establishment of, and access to, out-of-court dispute resolution mechanisms.

| (21) | This Directive should supplement Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services (4) which requires that
  in distance sales a
  consumer be informed of the existence or absence of a right of withdrawal and provides for a right of withdrawal. However, while Directive 2002/65/EC provides for the possibility for the supplier to communicate pre-contractual information after the conclusion of the contract, this would be inappropriate for contracts for credit agreements relating to residential immovable property given the significance of the financial commitment for the consumer.
  This Directive should not affect national general contract law such as the rules on the validity, formation or effect of a contract, insofar as general contract law aspects are not regulated in this Directive.
  ▌ |
| --- | --- |

(21)

This Directive should supplement Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services (4) which requires that
  in distance sales a
  consumer be informed of the existence or absence of a right of withdrawal and provides for a right of withdrawal. However, while Directive 2002/65/EC provides for the possibility for the supplier to communicate pre-contractual information after the conclusion of the contract, this would be inappropriate for contracts for credit agreements relating to residential immovable property given the significance of the financial commitment for the consumer.
  This Directive should not affect national general contract law such as the rules on the validity, formation or effect of a contract, insofar as general contract law aspects are not regulated in this Directive.
  ▌

| (22) | At the same time, it is important
  to
  take into consideration the specificities of credit agreements relating to residential immovable property, which justify a differentiated approach. Given the nature and the possible consequences of a credit agreement relating to residential immovable property for the consumer, advertising materials and personalised pre-contractual information should include
  adequate
  specific risk warnings, for instance about the
  potential impact of exchange rate fluctuations on what the consumer has to repay and, where assessed as appropriate by the Member States, the
  nature and implications of taking out a security. Following what already existed as a voluntary approach by the industry concerning home loans, general pre-contractual information should be made available at all times in addition to the personalised pre-contractual information. Furthermore, a differentiated approach is
  justified
  in order to take into consideration the lessons learnt from the financial crisis and in order to ensure that credit origination takes place in a sound manner. In this respect, the provisions on the creditworthiness assessment should be strengthened in comparison to consumer credit, more precise information should be provided by credit intermediaries on their status and relationship with the creditors in order to disclose potential conflicts of interest, and all actors involved in the origination of credit agreements relating to ▌immovable property should be adequately admitted and supervised. |
| --- | --- |

(22)

At the same time, it is important
  to
  take into consideration the specificities of credit agreements relating to residential immovable property, which justify a differentiated approach. Given the nature and the possible consequences of a credit agreement relating to residential immovable property for the consumer, advertising materials and personalised pre-contractual information should include
  adequate
  specific risk warnings, for instance about the
  potential impact of exchange rate fluctuations on what the consumer has to repay and, where assessed as appropriate by the Member States, the
  nature and implications of taking out a security. Following what already existed as a voluntary approach by the industry concerning home loans, general pre-contractual information should be made available at all times in addition to the personalised pre-contractual information. Furthermore, a differentiated approach is
  justified
  in order to take into consideration the lessons learnt from the financial crisis and in order to ensure that credit origination takes place in a sound manner. In this respect, the provisions on the creditworthiness assessment should be strengthened in comparison to consumer credit, more precise information should be provided by credit intermediaries on their status and relationship with the creditors in order to disclose potential conflicts of interest, and all actors involved in the origination of credit agreements relating to ▌immovable property should be adequately admitted and supervised.

| (23) | It is necessary to regulate some additional areas in order to reflect the specificity of credits related to residential immovable property. Given the significance of the transaction it is necessary to ensure that consumers have sufficient time of at least seven days to consider the implications. Member States should have flexibility to provide this sufficient time either as a period of reflection before the credit agreement is concluded, a period of withdrawal after the conclusion of the credit agreement or a combination of the two. It is appropriate that Member States should have the flexibility to make the reflection period binding on the consumer for a period not exceeding 10 days but that in other cases consumers who wish to proceed during the reflection period are able to do so and that, in the interests of legal certainty in the context of property transactions, Member States should be able to provide that the reflection period or right of withdrawal should cease where the consumer undertakes any action which, under national law, results in the creation or transfer of a property right connected to or using funds obtained through the credit agreement or, where applicable, transfers the funds to a third party. |
| --- | --- |

(23)

It is necessary to regulate some additional areas in order to reflect the specificity of credits related to residential immovable property. Given the significance of the transaction it is necessary to ensure that consumers have sufficient time of at least seven days to consider the implications. Member States should have flexibility to provide this sufficient time either as a period of reflection before the credit agreement is concluded, a period of withdrawal after the conclusion of the credit agreement or a combination of the two. It is appropriate that Member States should have the flexibility to make the reflection period binding on the consumer for a period not exceeding 10 days but that in other cases consumers who wish to proceed during the reflection period are able to do so and that, in the interests of legal certainty in the context of property transactions, Member States should be able to provide that the reflection period or right of withdrawal should cease where the consumer undertakes any action which, under national law, results in the creation or transfer of a property right connected to or using funds obtained through the credit agreement or, where applicable, transfers the funds to a third party.

| (24) | Given the particular characteristics of credit agreements related to residential immovable property it is common practice for creditors to offer to consumers a set of products or services which can be purchased together with the credit agreement. Therefore, given the significance of such agreements for consumers, it is appropriate to lay down specific rules on tying practices. Combining a credit agreement with one or more other financial services or products in packages is a means for creditors to diversify their offer and to compete against each other, provided that the components of the package can also be bought separately. While a combination of credit agreements with one or more other financial services or products in packages can benefit consumers, it may negatively affect consumers' mobility and their ability to make informed choices, unless the components of the package can be bought separately. It is important to prevent practices such as tying of certain products which may induce consumers to enter into credit agreements which are not in their best interest, without however restricting product bundling which can be beneficial to consumers. Member States should however continue monitoring retail financial services markets closely to ensure that bundling practices do not distort consumer choice and competition in the market. |
| --- | --- |

(24)

Given the particular characteristics of credit agreements related to residential immovable property it is common practice for creditors to offer to consumers a set of products or services which can be purchased together with the credit agreement. Therefore, given the significance of such agreements for consumers, it is appropriate to lay down specific rules on tying practices. Combining a credit agreement with one or more other financial services or products in packages is a means for creditors to diversify their offer and to compete against each other, provided that the components of the package can also be bought separately. While a combination of credit agreements with one or more other financial services or products in packages can benefit consumers, it may negatively affect consumers' mobility and their ability to make informed choices, unless the components of the package can be bought separately. It is important to prevent practices such as tying of certain products which may induce consumers to enter into credit agreements which are not in their best interest, without however restricting product bundling which can be beneficial to consumers. Member States should however continue monitoring retail financial services markets closely to ensure that bundling practices do not distort consumer choice and competition in the market.

| (25) | As a general rule, tying practices should not be allowed unless the financial service or product offered together with the credit agreement could not be offered separately as it is a fully integrated part of the credit, for example in the event of a secured overdraft. In other instances, it may however be justified for creditors to offer or sell a credit agreement in a package with a payment account, savings account, investment product or pension product, for instance where the capital in the account is used to repay the credit or is a prerequisite for pooling resources to obtain the credit, or in situations where, for instance, an investment product or a private pension product serves as an additional security for the credit. While it is justified for creditors to be able to require the consumer to have a relevant insurance policy in order to guarantee repayment of the credit or insure the value of the security, the consumer should have the opportunity to choose his own insurance provider, provided that his insurance policy has an equivalent level of guarantee as the insurance policy proposed or offered by the creditor. Moreover Member States may standardise, wholly or in part, the cover provided by insurance contracts in order to facilitate comparisons between different offers for consumers who wish to make such comparisons. |
| --- | --- |

(25)

As a general rule, tying practices should not be allowed unless the financial service or product offered together with the credit agreement could not be offered separately as it is a fully integrated part of the credit, for example in the event of a secured overdraft. In other instances, it may however be justified for creditors to offer or sell a credit agreement in a package with a payment account, savings account, investment product or pension product, for instance where the capital in the account is used to repay the credit or is a prerequisite for pooling resources to obtain the credit, or in situations where, for instance, an investment product or a private pension product serves as an additional security for the credit. While it is justified for creditors to be able to require the consumer to have a relevant insurance policy in order to guarantee repayment of the credit or insure the value of the security, the consumer should have the opportunity to choose his own insurance provider, provided that his insurance policy has an equivalent level of guarantee as the insurance policy proposed or offered by the creditor. Moreover Member States may standardise, wholly or in part, the cover provided by insurance contracts in order to facilitate comparisons between different offers for consumers who wish to make such comparisons.

| (26) | It is important to ensure that the residential immovable property is appropriately valued before the conclusion of the credit agreement and, in particular where the valuation affects the residual obligation of the consumer in the event of default. Member States should therefore ensure that reliable valuation standards are in place. In order to be considered reliable, valuation standards should take into account internationally recognised valuation standards, in particular those developed by the International Valuation Standards Committee, the European Group of Valuers' Associations or the Royal Institution of Chartered Surveyors. Those internationally recognised valuation standards contain high level principles which require creditors, amongst others, to adopt and adhere to adequate internal risk management and securities management processes, which include sound appraisal processes, to adopt appraisal standards and methods that lead to realistic and substantiated property appraisals in order to ensure that all appraisal reports are prepared with appropriate professional skill and diligence and that appraisers meet certain qualification requirements and to maintain adequate appraisal documentation for securities that is comprehensive and plausible. In this regard it is desirable to ensure appropriate monitoring of residential immovable property markets and for the mechanisms in such provisions to be in line with Directive 2013/36/EU of the European Parliament and the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms

   (5)

  . The provisions of this Directive relating to property valuation standards can be complied with for example through law or self-regulation. |
| --- | --- |

(26)

It is important to ensure that the residential immovable property is appropriately valued before the conclusion of the credit agreement and, in particular where the valuation affects the residual obligation of the consumer in the event of default. Member States should therefore ensure that reliable valuation standards are in place. In order to be considered reliable, valuation standards should take into account internationally recognised valuation standards, in particular those developed by the International Valuation Standards Committee, the European Group of Valuers' Associations or the Royal Institution of Chartered Surveyors. Those internationally recognised valuation standards contain high level principles which require creditors, amongst others, to adopt and adhere to adequate internal risk management and securities management processes, which include sound appraisal processes, to adopt appraisal standards and methods that lead to realistic and substantiated property appraisals in order to ensure that all appraisal reports are prepared with appropriate professional skill and diligence and that appraisers meet certain qualification requirements and to maintain adequate appraisal documentation for securities that is comprehensive and plausible. In this regard it is desirable to ensure appropriate monitoring of residential immovable property markets and for the mechanisms in such provisions to be in line with Directive 2013/36/EU of the European Parliament and the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms

   (5)

  . The provisions of this Directive relating to property valuation standards can be complied with for example through law or self-regulation.

| (27) | Given the significant consequences for creditors, consumers and potentially financial stability of foreclosure, it is appropriate to encourage creditors to deal proactively with emerging credit risk at an early stage and that the necessary measures are in place to ensure that creditors exercise reasonable forbearance and make reasonable attempts to resolve the situation through other means before foreclosure proceedings are initiated. Where possible, solutions should be found which take account of the practical circumstances and reasonable need for living expenses of the consumer. Where after foreclosure proceedings outstanding debt remains, Member States should ensure the protection of minimum living conditions and put in place measures to facilitate repayment while avoiding long-term over-indebtedness. At least where the price obtained for the immovable property affects the amount owed by the consumer, Member States should encourage creditors to take reasonable steps to obtain the best efforts price for the foreclosed immovable property in the context of market conditions. Member States should not prevent the parties to a credit agreement from expressly agreeing that the transfer of the security to the creditor is sufficient to repay the credit. |
| --- | --- |

(27)

Given the significant consequences for creditors, consumers and potentially financial stability of foreclosure, it is appropriate to encourage creditors to deal proactively with emerging credit risk at an early stage and that the necessary measures are in place to ensure that creditors exercise reasonable forbearance and make reasonable attempts to resolve the situation through other means before foreclosure proceedings are initiated. Where possible, solutions should be found which take account of the practical circumstances and reasonable need for living expenses of the consumer. Where after foreclosure proceedings outstanding debt remains, Member States should ensure the protection of minimum living conditions and put in place measures to facilitate repayment while avoiding long-term over-indebtedness. At least where the price obtained for the immovable property affects the amount owed by the consumer, Member States should encourage creditors to take reasonable steps to obtain the best efforts price for the foreclosed immovable property in the context of market conditions. Member States should not prevent the parties to a credit agreement from expressly agreeing that the transfer of the security to the creditor is sufficient to repay the credit.

| (28) | Intermediaries often engage in more activities
  than
  just credit intermediation, in particular insurance intermediation or investment services provision. This Directive should therefore also ensure a degree of coherence with Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation (6) and Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments (7)

  . In particular, credit institutions authorised in accordance with Directive 2013/36/EU and other financial institutions subject to an equivalent admission regime under national law should not require a separate admission to operate as a credit intermediary
  in order to simplify the process of establishing as a credit intermediary and operating cross-border.
  The full and unconditional responsibility placed on creditors and credit intermediaries for the activities of tied credit intermediaries or appointed representatives should only extend to activities within the scope of this Directive unless Member States choose to extend that responsibility to other areas. |
| --- | --- |

(28)

Intermediaries often engage in more activities
  than
  just credit intermediation, in particular insurance intermediation or investment services provision. This Directive should therefore also ensure a degree of coherence with Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation (6) and Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments (7)

  . In particular, credit institutions authorised in accordance with Directive 2013/36/EU and other financial institutions subject to an equivalent admission regime under national law should not require a separate admission to operate as a credit intermediary
  in order to simplify the process of establishing as a credit intermediary and operating cross-border.
  The full and unconditional responsibility placed on creditors and credit intermediaries for the activities of tied credit intermediaries or appointed representatives should only extend to activities within the scope of this Directive unless Member States choose to extend that responsibility to other areas.

| (29) | In order to increase the ability of consumers to make informed decisions for themselves about borrowing and managing debt responsibly, Member States should promote measures to support the education of consumers in relation to responsible borrowing and debt management in particular relating to mortgage credit agreements. It is particularly important to provide guidance for consumers taking out mortgage credit for the first time. In that regard, the Commission should identify examples of best practices to facilitate the further development of measures to enhance consumers' financial awareness. |
| --- | --- |

(29)

In order to increase the ability of consumers to make informed decisions for themselves about borrowing and managing debt responsibly, Member States should promote measures to support the education of consumers in relation to responsible borrowing and debt management in particular relating to mortgage credit agreements. It is particularly important to provide guidance for consumers taking out mortgage credit for the first time. In that regard, the Commission should identify examples of best practices to facilitate the further development of measures to enhance consumers' financial awareness.

| (30) | Due to the significant risks attached to borrowing in a foreign currency, it is necessary to provide for measures to ensure that consumers are aware of the risk they are taking on and that the consumer has the possibility to limit their exposure to exchange rate risk during the lifetime of the credit. The risk could be limited either through giving the consumer the right to convert the currency of the credit, or through other arrangements such as caps or, where they are sufficient to limit the exchange rate risk, warnings. |
| --- | --- |

(30)

Due to the significant risks attached to borrowing in a foreign currency, it is necessary to provide for measures to ensure that consumers are aware of the risk they are taking on and that the consumer has the possibility to limit their exposure to exchange rate risk during the lifetime of the credit. The risk could be limited either through giving the consumer the right to convert the currency of the credit, or through other arrangements such as caps or, where they are sufficient to limit the exchange rate risk, warnings.

| (31) | The applicable legal framework should give consumers the confidence that creditors, credit intermediaries
  and appointed representatives take account of the
  interests of the consumer
  , based on the information available to the creditor, credit intermediary and appointed representative at that moment in time and on reasonable assumptions about risks to the consumer's situation over the term of the proposed credit agreement. It could imply, amongst other things, that creditors should not market the credit so that the marketing significantly impairs or is likely to impair the consumer’s ability to carefully consider the taking of the credit, or that the creditor should not use the granting of the credit as a main method of marketing when marketing goods, services or immovable property to consumers
  . A key aspect of ensuring such consumer confidence is the requirement to ensure a high degree of fairness, honesty and professionalism in the industry
  , appropriate management of conflicts of interest including those arising from remuneration and to require advice to be given in the best interests of the consumer
  . |
| --- | --- |

(31)

The applicable legal framework should give consumers the confidence that creditors, credit intermediaries
  and appointed representatives take account of the
  interests of the consumer
  , based on the information available to the creditor, credit intermediary and appointed representative at that moment in time and on reasonable assumptions about risks to the consumer's situation over the term of the proposed credit agreement. It could imply, amongst other things, that creditors should not market the credit so that the marketing significantly impairs or is likely to impair the consumer’s ability to carefully consider the taking of the credit, or that the creditor should not use the granting of the credit as a main method of marketing when marketing goods, services or immovable property to consumers
  . A key aspect of ensuring such consumer confidence is the requirement to ensure a high degree of fairness, honesty and professionalism in the industry
  , appropriate management of conflicts of interest including those arising from remuneration and to require advice to be given in the best interests of the consumer
  .

| (32) | It is appropriate to ensure that the relevant staff of creditors, credit intermediaries and appointed representatives possess an adequate level of knowledge and competence in order to achieve a high level of professionalism. This Directive should, therefore,
  require relevant knowledge and competence to be proven at the level of the company,
  based on the minimum knowledge and competence requirements set out in this Directive.
  Member States should be free to introduce or maintain such requirements applicable to individual natural persons.
  Member States should be able to allow creditors, credit intermediaries and appointed representatives to differentiate between the levels of minimum knowledge requirements according to the involvement in carrying out particular services or processes. In this context, staff includes outsourced personnel, working for and within the creditor, credit intermediary or appointed representatives as well as their employees. For the purpose of this Directive, staff directly engaged in activities under this Directive should include both front- and back-office staff, including management, who fulfil an important role in the credit agreement process. Persons fulfilling support functions which are unrelated to the credit agreement process (for instance human resources and information and communications technology personnel) should not be considered as staff under this Directive. |
| --- | --- |

(32)

It is appropriate to ensure that the relevant staff of creditors, credit intermediaries and appointed representatives possess an adequate level of knowledge and competence in order to achieve a high level of professionalism. This Directive should, therefore,
  require relevant knowledge and competence to be proven at the level of the company,
  based on the minimum knowledge and competence requirements set out in this Directive.
  Member States should be free to introduce or maintain such requirements applicable to individual natural persons.
  Member States should be able to allow creditors, credit intermediaries and appointed representatives to differentiate between the levels of minimum knowledge requirements according to the involvement in carrying out particular services or processes. In this context, staff includes outsourced personnel, working for and within the creditor, credit intermediary or appointed representatives as well as their employees. For the purpose of this Directive, staff directly engaged in activities under this Directive should include both front- and back-office staff, including management, who fulfil an important role in the credit agreement process. Persons fulfilling support functions which are unrelated to the credit agreement process (for instance human resources and information and communications technology personnel) should not be considered as staff under this Directive.

| (33) | Where a creditor or credit intermediary provides its services within the territory of another Member State under the freedom to provide services, the home Member State should be responsible for establishing the minimum knowledge and competence requirements applicable to the staff. However host Member States which deem it necessary should be able to establish their own competence requirements in certain specified areas applicable to creditors and credit intermediaries that provide services within the territory of that Member State under the freedom to provide services. |
| --- | --- |

(33)

Where a creditor or credit intermediary provides its services within the territory of another Member State under the freedom to provide services, the home Member State should be responsible for establishing the minimum knowledge and competence requirements applicable to the staff. However host Member States which deem it necessary should be able to establish their own competence requirements in certain specified areas applicable to creditors and credit intermediaries that provide services within the territory of that Member State under the freedom to provide services.

| (34) | Given the importance of ensuring that knowledge and competence requirements are applied and complied with in practice, Member States should require competent authorities to supervise creditors, credit intermediaries and appointed representatives and empower them to obtain such evidence as they need to reliably assess compliance. |
| --- | --- |

(34)

Given the importance of ensuring that knowledge and competence requirements are applied and complied with in practice, Member States should require competent authorities to supervise creditors, credit intermediaries and appointed representatives and empower them to obtain such evidence as they need to reliably assess compliance.

| (35) | The way in which creditors, credit intermediaries and appointed representatives remunerate their staff should constitute one of the key aspects of ensuring consumer confidence in the financial sector. This Directive provides rules for staff remuneration, with the aim of limiting mis-selling practices and of ensuring that the way in which staff are remunerated does not impede compliance with the obligation to take account of the interests of the consumer. In particular, creditors, credit intermediaries and appointed representatives should not design their remuneration policies in a way that would incentivise their staff to conclude a given number or type of credit agreements or to offer particular ancillary services to consumers with no explicit consideration of their interests and needs. In this context, Member States may find it necessary to decide that a particular practice, for example, tied intermediaries collecting fees, is against the interests of a consumer. Member States should also be able to specify that the remuneration received by staff is not dependent on the rate or the type of credit agreement concluded with the consumer. |
| --- | --- |

(35)

The way in which creditors, credit intermediaries and appointed representatives remunerate their staff should constitute one of the key aspects of ensuring consumer confidence in the financial sector. This Directive provides rules for staff remuneration, with the aim of limiting mis-selling practices and of ensuring that the way in which staff are remunerated does not impede compliance with the obligation to take account of the interests of the consumer. In particular, creditors, credit intermediaries and appointed representatives should not design their remuneration policies in a way that would incentivise their staff to conclude a given number or type of credit agreements or to offer particular ancillary services to consumers with no explicit consideration of their interests and needs. In this context, Member States may find it necessary to decide that a particular practice, for example, tied intermediaries collecting fees, is against the interests of a consumer. Member States should also be able to specify that the remuneration received by staff is not dependent on the rate or the type of credit agreement concluded with the consumer.

| (36) | This Directive provides for harmonised rules as regards the fields of knowledge and competence that creditors', credit intermediaries' and appointed representatives' staff should possess in relation to the manufacturing, offering, granting and intermediation of a credit agreement. This Directive does not provide for specific arrangements directly related to the recognition of professional qualifications obtained by an individual in one Member State in order to meet the knowledge and competence requirements in another Member State. Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications

   (8)

  should therefore continue to apply concerning the conditions for recognition and the compensation measures that a host Member State may require from an individual whose qualification has not been issued within its jurisdiction. |
| --- | --- |

(36)

This Directive provides for harmonised rules as regards the fields of knowledge and competence that creditors', credit intermediaries' and appointed representatives' staff should possess in relation to the manufacturing, offering, granting and intermediation of a credit agreement. This Directive does not provide for specific arrangements directly related to the recognition of professional qualifications obtained by an individual in one Member State in order to meet the knowledge and competence requirements in another Member State. Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications

   (8)

  should therefore continue to apply concerning the conditions for recognition and the compensation measures that a host Member State may require from an individual whose qualification has not been issued within its jurisdiction.

| (37) | Creditors and credit intermediaries frequently use advertisements, often featuring special terms and conditions, to attract consumers to a particular product. Consumers should, therefore, be protected against unfair or misleading advertising practices and should be able to compare advertisements. Specific provisions on the advertising of credit agreements ▌and a list of items to be included in advertisements and marketing materials directed at consumers
  where such advertising specifies interest rates or any figures relating to the cost of credit,
  are necessary to enable them to compare different offers. ▌Member States should remain free to introduce or maintain disclosure requirements in their national laws regarding advertising which does not
  indicate an interest rate or contain any figures relating to the cost of credit. Any such requirements should take into account the specificities of credit agreements relating to residential immovable property. In any event, it should be ensured in accordance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market

   (9)

  that advertising of credit agreements should not create a misleading impression of the product. |
| --- | --- |

(37)

Creditors and credit intermediaries frequently use advertisements, often featuring special terms and conditions, to attract consumers to a particular product. Consumers should, therefore, be protected against unfair or misleading advertising practices and should be able to compare advertisements. Specific provisions on the advertising of credit agreements ▌and a list of items to be included in advertisements and marketing materials directed at consumers
  where such advertising specifies interest rates or any figures relating to the cost of credit,
  are necessary to enable them to compare different offers. ▌Member States should remain free to introduce or maintain disclosure requirements in their national laws regarding advertising which does not
  indicate an interest rate or contain any figures relating to the cost of credit. Any such requirements should take into account the specificities of credit agreements relating to residential immovable property. In any event, it should be ensured in accordance with Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market

   (9)

  that advertising of credit agreements should not create a misleading impression of the product.

| (38) | Advertising tends to focus on one or several products in particular, while consumers should be able to make their decisions in full knowledge of the range of credit products on offer. In
  that
  respect, general information plays an important role in educating the consumer in
  relation to
  the broad range of products and services available ▌and the key features thereof. Consumers should therefore be able at all times to access general information on ▌credit products available.
  Where this requirement is not applicable to non-tied credit intermediaries, this should be without prejudice to their obligation to provide consumers with personalised pre-contractual information. |
| --- | --- |

(38)

Advertising tends to focus on one or several products in particular, while consumers should be able to make their decisions in full knowledge of the range of credit products on offer. In
  that
  respect, general information plays an important role in educating the consumer in
  relation to
  the broad range of products and services available ▌and the key features thereof. Consumers should therefore be able at all times to access general information on ▌credit products available.
  Where this requirement is not applicable to non-tied credit intermediaries, this should be without prejudice to their obligation to provide consumers with personalised pre-contractual information.

| (39) | In order to ensure a level playing field and in order for the consumer’s decision to be based on the details of the credit products on offer rather than on the distribution channel through which such credit products are accessed, consumers should receive information on the credit regardless of whether they are dealing directly with a creditor or a credit intermediary. |
| --- | --- |

(39)

In order to ensure a level playing field and in order for the consumer’s decision to be based on the details of the credit products on offer rather than on the distribution channel through which such credit products are accessed, consumers should receive information on the credit regardless of whether they are dealing directly with a creditor or a credit intermediary.

| (40) | Consumers should further receive personalised information in good time prior to the conclusion of the credit agreement in order to enable them to compare and reflect on the characteristics of credit products. Pursuant to
  Commission Recommendation 2001/193/EC of 1 March 2001 on pre-contractual information to be given to consumers by lenders offering home loans (10)

  , the Commission committed itself to monitoring compliance with
  the Voluntary Code of Conduct on pre-contractual information for home loans, which contains
  the
  ESIS
  which
  provides information, personalised for the consumer, on the credit agreement being provided. ▌Evidence collected by the Commission ▌ highlighted the need to revise the content and presentation of the ESIS to ensure that it is clear, understandable and contains all information found to be relevant for consumers. The content and layout of the ESIS should incorporate the necessary improvements identified during consumer testing in all Member States. The structure of the ESIS, ▌in particular, the order of the information items ▌, should be revised, the wording should be more user-friendly, while sections, such as ‘nominal rate’ and ‘annual percentage rate of charge’, should be merged and new sections, such as ‘
  flexible features
  ’, should be added.
  An illustrative amortisation table should be provided to a consumer as part of the ESIS where the credit is a deferred interest credit, in which the repayment of principal is deferred for an initial period or where the borrowing rate is fixed for the duration of the credit agreement. Member States should be able to provide that such an illustrative amortisation table in the ESIS is not compulsory for other credit agreements. |
| --- | --- |

(40)

Consumers should further receive personalised information in good time prior to the conclusion of the credit agreement in order to enable them to compare and reflect on the characteristics of credit products. Pursuant to
  Commission Recommendation 2001/193/EC of 1 March 2001 on pre-contractual information to be given to consumers by lenders offering home loans (10)

  , the Commission committed itself to monitoring compliance with
  the Voluntary Code of Conduct on pre-contractual information for home loans, which contains
  the
  ESIS
  which
  provides information, personalised for the consumer, on the credit agreement being provided. ▌Evidence collected by the Commission ▌ highlighted the need to revise the content and presentation of the ESIS to ensure that it is clear, understandable and contains all information found to be relevant for consumers. The content and layout of the ESIS should incorporate the necessary improvements identified during consumer testing in all Member States. The structure of the ESIS, ▌in particular, the order of the information items ▌, should be revised, the wording should be more user-friendly, while sections, such as ‘nominal rate’ and ‘annual percentage rate of charge’, should be merged and new sections, such as ‘
  flexible features
  ’, should be added.
  An illustrative amortisation table should be provided to a consumer as part of the ESIS where the credit is a deferred interest credit, in which the repayment of principal is deferred for an initial period or where the borrowing rate is fixed for the duration of the credit agreement. Member States should be able to provide that such an illustrative amortisation table in the ESIS is not compulsory for other credit agreements.

| (41) | Consumer research has underlined the importance of using simple and understandable language in disclosures provided to consumers. For this reason, the terms used in the ESIS are not necessarily the same as the legal terms defined in this Directive but have the same meaning. |
| --- | --- |

(41)

Consumer research has underlined the importance of using simple and understandable language in disclosures provided to consumers. For this reason, the terms used in the ESIS are not necessarily the same as the legal terms defined in this Directive but have the same meaning.

| (42) | The information requirements on credit agreements contained in the ESIS should be without prejudice to Union or national information requirements for other products or services that might be offered with the credit agreement, as conditions for obtaining the credit agreement related to immovable property, or offered so as to obtain that agreement at a lower borrowing rate, such as fire or life insurance or investment products. Member States should be free to maintain or introduce national law where no harmonised provisions exist, for instance information requirements on the level of usury rates at the pre-contractual stage or information which might be useful for the purposes of financial education or for out-of-court settlements. Any additional information should, however, be given in a separate document which may be annexed to the ESIS. Member States should be able, in their national languages, to use different vocabulary in the ESIS, without changing its contents and the order in which information is provided, when this is needed in order to employ a language which might be more easily understandable for consumers. |
| --- | --- |

(42)

The information requirements on credit agreements contained in the ESIS should be without prejudice to Union or national information requirements for other products or services that might be offered with the credit agreement, as conditions for obtaining the credit agreement related to immovable property, or offered so as to obtain that agreement at a lower borrowing rate, such as fire or life insurance or investment products. Member States should be free to maintain or introduce national law where no harmonised provisions exist, for instance information requirements on the level of usury rates at the pre-contractual stage or information which might be useful for the purposes of financial education or for out-of-court settlements. Any additional information should, however, be given in a separate document which may be annexed to the ESIS. Member States should be able, in their national languages, to use different vocabulary in the ESIS, without changing its contents and the order in which information is provided, when this is needed in order to employ a language which might be more easily understandable for consumers.

| (43) | In order to ensure that the ESIS provides the consumer with all relevant information to make an informed choice, the creditor should follow the instructions set out in this Directive when completing the ESIS. Member States should be able to elaborate or further specify the instructions for completing the ESIS on the basis of the instructions set out in this Directive. For instance, Member States should be able to further specify the information to be given in order to describe the ‘type of borrowing rate’ in order to take into account the specificities of the national products and market. However, such further specifications should not be contrary to the instructions contained in this Directive nor imply any change in the text of the ESIS model, which should be reproduced as such by the creditor. Member States should be able to specify further warnings on credit agreements, adapted to their national market and practices, where such warnings are not already specifically included in the ESIS. Member States should be able to provide that the creditor is bound by the information provided for in the ESIS, provided that the creditor decides to grant the credit. |
| --- | --- |

(43)

In order to ensure that the ESIS provides the consumer with all relevant information to make an informed choice, the creditor should follow the instructions set out in this Directive when completing the ESIS. Member States should be able to elaborate or further specify the instructions for completing the ESIS on the basis of the instructions set out in this Directive. For instance, Member States should be able to further specify the information to be given in order to describe the ‘type of borrowing rate’ in order to take into account the specificities of the national products and market. However, such further specifications should not be contrary to the instructions contained in this Directive nor imply any change in the text of the ESIS model, which should be reproduced as such by the creditor. Member States should be able to specify further warnings on credit agreements, adapted to their national market and practices, where such warnings are not already specifically included in the ESIS. Member States should be able to provide that the creditor is bound by the information provided for in the ESIS, provided that the creditor decides to grant the credit.

| (44) | The consumer should receive information by means of the ESIS without undue delay after the consumer has delivered the necessary information on his needs, financial situation and preferences and in good time before the consumer is bound by any credit agreement or offer, in order to enable him to compare and reflect on the characteristics of credit products and obtain third party advice if necessary. In particular when a binding offer is made to the consumer, it should be accompanied by the ESIS, unless the ESIS has already been delivered to the consumer and the characteristics of the offer are consistent with the information previously provided. However, Member States should be able to provide for the obligatory provision of the ESIS both before the provision of any binding offer and together with the binding offer, where an ESIS containing the same information has not previously been given. While the ESIS should be personalised and reflect the preferences expressed by the consumer, the provision of such personalised information should not imply an obligation to provide advice. Credit agreements should only be concluded where the consumer has had sufficient time to compare offers, assess their implications, obtain third party advice if necessary and has taken an informed decision on whether to accept an offer. |
| --- | --- |

(44)

The consumer should receive information by means of the ESIS without undue delay after the consumer has delivered the necessary information on his needs, financial situation and preferences and in good time before the consumer is bound by any credit agreement or offer, in order to enable him to compare and reflect on the characteristics of credit products and obtain third party advice if necessary. In particular when a binding offer is made to the consumer, it should be accompanied by the ESIS, unless the ESIS has already been delivered to the consumer and the characteristics of the offer are consistent with the information previously provided. However, Member States should be able to provide for the obligatory provision of the ESIS both before the provision of any binding offer and together with the binding offer, where an ESIS containing the same information has not previously been given. While the ESIS should be personalised and reflect the preferences expressed by the consumer, the provision of such personalised information should not imply an obligation to provide advice. Credit agreements should only be concluded where the consumer has had sufficient time to compare offers, assess their implications, obtain third party advice if necessary and has taken an informed decision on whether to accept an offer.

| (45) | Where the consumer has a secured credit agreement for the purchase of immovable property or land and the duration of the security is longer than that of the credit agreement, and where the consumer can decide to withdraw the repaid capital again subject to signature of a new credit agreement, a new ESIS disclosing the new APRC and based on the specific characteristics of the new credit agreement should be provided to the consumer before the signature of the new credit agreement. |
| --- | --- |

(45)

Where the consumer has a secured credit agreement for the purchase of immovable property or land and the duration of the security is longer than that of the credit agreement, and where the consumer can decide to withdraw the repaid capital again subject to signature of a new credit agreement, a new ESIS disclosing the new APRC and based on the specific characteristics of the new credit agreement should be provided to the consumer before the signature of the new credit agreement.

| (46) | At least where no right of withdrawal exists, the creditor or, where applicable, the credit intermediary or appointed representative should provide the consumer with a copy of the draft credit agreement, at the time of the provision of an offer binding on the creditor. In other cases, the consumer should at least be offered a copy of the draft credit agreement at the time a binding offer is made. |
| --- | --- |

(46)

At least where no right of withdrawal exists, the creditor or, where applicable, the credit intermediary or appointed representative should provide the consumer with a copy of the draft credit agreement, at the time of the provision of an offer binding on the creditor. In other cases, the consumer should at least be offered a copy of the draft credit agreement at the time a binding offer is made.

| (47) | In order to ensure the fullest possible transparency and to prevent abuses arising from possible conflicts of interest when consumers use the services of credit intermediaries, the latter should be subject to certain information disclosure obligations prior to the performance of their services. Such disclosures should include information on their identity and links with creditors, for instance whether they are considering products from a broad range of creditors or only from a more limited number of creditors.
  The existence of any commission or other inducement payable to the credit intermediary by the creditor or by third parties in relation to the credit agreement should be disclosed to consumers before the carrying out of any credit intermediation activities and consumers should be informed at that stage either of the amount of such payments, where that is known, or of the fact that the amount will be disclosed at a later pre-contractual stage in the ESIS and of their right to be given information on the level of such payments at that stage. Consumers should be informed of any fees they should pay to credit intermediaries in relation to their services. Without prejudice to competition law, Member States should be free to introduce or maintain provisions prohibiting the payment of fees by consumers to some or all categories of credit intermediary. |
| --- | --- |

(47)

In order to ensure the fullest possible transparency and to prevent abuses arising from possible conflicts of interest when consumers use the services of credit intermediaries, the latter should be subject to certain information disclosure obligations prior to the performance of their services. Such disclosures should include information on their identity and links with creditors, for instance whether they are considering products from a broad range of creditors or only from a more limited number of creditors.
  The existence of any commission or other inducement payable to the credit intermediary by the creditor or by third parties in relation to the credit agreement should be disclosed to consumers before the carrying out of any credit intermediation activities and consumers should be informed at that stage either of the amount of such payments, where that is known, or of the fact that the amount will be disclosed at a later pre-contractual stage in the ESIS and of their right to be given information on the level of such payments at that stage. Consumers should be informed of any fees they should pay to credit intermediaries in relation to their services. Without prejudice to competition law, Member States should be free to introduce or maintain provisions prohibiting the payment of fees by consumers to some or all categories of credit intermediary.

| (48) | A
  consumer may still need additional assistance in order to decide which credit agreement, within the range of products proposed, is the most appropriate for his needs and financial situation. Creditors and, where applicable, credit intermediaries should provide such assistance in relation to the credit products which they offer to the consumer
  by explaining the
  relevant information
  including in particular
  the essential characteristics of the products proposed ▌ to the consumer in a personalised manner so that the consumer can understand the effects which they may have on his economic situation.
  Creditors and, where applicable, credit intermediaries should adapt the way
  in which such explanations are ▌given to the ▌ circumstances in which the credit is offered
  and the consumer'
  s need for assistance
  , taking into account the consumer's knowledge and experience of credit
  and the nature of individual credit products.
  Such explanations should not in itself constitute a personal recommendation. |
| --- | --- |

(48)

A
  consumer may still need additional assistance in order to decide which credit agreement, within the range of products proposed, is the most appropriate for his needs and financial situation. Creditors and, where applicable, credit intermediaries should provide such assistance in relation to the credit products which they offer to the consumer
  by explaining the
  relevant information
  including in particular
  the essential characteristics of the products proposed ▌ to the consumer in a personalised manner so that the consumer can understand the effects which they may have on his economic situation.
  Creditors and, where applicable, credit intermediaries should adapt the way
  in which such explanations are ▌given to the ▌ circumstances in which the credit is offered
  and the consumer'
  s need for assistance
  , taking into account the consumer's knowledge and experience of credit
  and the nature of individual credit products.
  Such explanations should not in itself constitute a personal recommendation.

| (49) | In order to promote the establishment and functioning of the internal market and to ensure a high degree of protection for consumers throughout the Union, it is necessary to
  uniformly
  ensure the comparability of information relating to the APRC throughout the Union. |
| --- | --- |

(49)

In order to promote the establishment and functioning of the internal market and to ensure a high degree of protection for consumers throughout the Union, it is necessary to
  uniformly
  ensure the comparability of information relating to the APRC throughout the Union.

| (50) | The total cost of the credit to the consumer should comprise all the costs that the consumer has to pay in connection with the credit agreement
  and which are known to the creditor
  . It should therefore include interest, commissions, taxes, fees for credit intermediaries,
  the costs of property valuation for a mortgage and any other fees, except for notarial fees, required
  to obtain the credit
  , for example life insurance, or to obtain it
  on the terms and conditions marketed
  , for example fire insurance. The provisions of this Directive concerning ancillary products and services (for instance concerning the costs of opening and maintaining a bank account) should be without prejudice to Directive 2005/29/EC and Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts

   (11)

  . The total cost of the credit to the consumer should exclude costs that the consumer pays in relation to the purchase of the immovable property or land, such as associated taxes and notarial costs or the costs of land registration. The creditor’s actual knowledge of the costs should be assessed objectively, taking into account the requirements of professional diligence. In that respect, the creditor should be presumed to have knowledge of the costs of the ancillary services which he offers to the consumer himself, or on behalf of a third party, unless the price thereof depends on the specific characteristics or situation of the consumer. |
| --- | --- |

(50)

The total cost of the credit to the consumer should comprise all the costs that the consumer has to pay in connection with the credit agreement
  and which are known to the creditor
  . It should therefore include interest, commissions, taxes, fees for credit intermediaries,
  the costs of property valuation for a mortgage and any other fees, except for notarial fees, required
  to obtain the credit
  , for example life insurance, or to obtain it
  on the terms and conditions marketed
  , for example fire insurance. The provisions of this Directive concerning ancillary products and services (for instance concerning the costs of opening and maintaining a bank account) should be without prejudice to Directive 2005/29/EC and Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts

   (11)

  . The total cost of the credit to the consumer should exclude costs that the consumer pays in relation to the purchase of the immovable property or land, such as associated taxes and notarial costs or the costs of land registration. The creditor’s actual knowledge of the costs should be assessed objectively, taking into account the requirements of professional diligence. In that respect, the creditor should be presumed to have knowledge of the costs of the ancillary services which he offers to the consumer himself, or on behalf of a third party, unless the price thereof depends on the specific characteristics or situation of the consumer.

| (51) | If estimated information is used, the consumer should be made aware of this and that the information is expected to be representative of the type of agreement or practices under consideration. The additional assumptions for the calculation of the APRC aim to ensure that the APRC is calculated in a consistent way and to ensure comparability. Additional assumptions are necessary for specific types of credit agreement, such as where the amount, duration or cost of the credit are uncertain or vary depending on how the agreement is operated. Where the provisions in themselves do not suffice to calculate the APRC, the creditor should use the additional assumptions set out in Annex I. However, given that the calculation of the APRC will depend on the terms of the individual credit agreement, only those assumptions necessary and relevant to a given credit should be used. |
| --- | --- |

(51)

If estimated information is used, the consumer should be made aware of this and that the information is expected to be representative of the type of agreement or practices under consideration. The additional assumptions for the calculation of the APRC aim to ensure that the APRC is calculated in a consistent way and to ensure comparability. Additional assumptions are necessary for specific types of credit agreement, such as where the amount, duration or cost of the credit are uncertain or vary depending on how the agreement is operated. Where the provisions in themselves do not suffice to calculate the APRC, the creditor should use the additional assumptions set out in Annex I. However, given that the calculation of the APRC will depend on the terms of the individual credit agreement, only those assumptions necessary and relevant to a given credit should be used.

| (52) | In order to further ensure a high degree of comparability of the APRC between offers from different creditors, the intervals between dates used in the calculation should not be expressed in days where they can be expressed as a whole number of years, months or weeks. Implicit in that context is that if certain time intervals are used in the APRC formula, those intervals should be used to ascertain the amounts of interest and other charges used in the formula. For this reason, creditors should use the method of measurement of time intervals described in Annex I to obtain the figures for the payment of charges. However, that is only applicable for the purposes of calculation of the APRC and does not impact on the amounts actually charged by the creditor under the credit agreement. Where those numbers are different it may be necessary to explain them to the consumer in order to avoid misleading the consumer. That implies that in the absence of non-interest charges and assuming an identical method of calculation the APRC will be equal to the effective borrowing rate of the credit. |
| --- | --- |

(52)

In order to further ensure a high degree of comparability of the APRC between offers from different creditors, the intervals between dates used in the calculation should not be expressed in days where they can be expressed as a whole number of years, months or weeks. Implicit in that context is that if certain time intervals are used in the APRC formula, those intervals should be used to ascertain the amounts of interest and other charges used in the formula. For this reason, creditors should use the method of measurement of time intervals described in Annex I to obtain the figures for the payment of charges. However, that is only applicable for the purposes of calculation of the APRC and does not impact on the amounts actually charged by the creditor under the credit agreement. Where those numbers are different it may be necessary to explain them to the consumer in order to avoid misleading the consumer. That implies that in the absence of non-interest charges and assuming an identical method of calculation the APRC will be equal to the effective borrowing rate of the credit.

| (53) | As the APRC can at the
  advertising
  stage be indicated only through an example, such an example should be representative. Therefore, it should correspond, for instance, to the average duration and total amount of credit granted for the type of credit agreement under consideration.
  When determining the representative example, the prevalence of certain types of credit agreements in a specific market should be taken into account. It may be preferable for each creditor to base the representative example on an amount of credit which is representative of that creditor’s own product range and expected customer base, as these may vary considerably among creditors. As regards the APRC disclosed in the ESIS, the preferences of and information provided by the consumer should where possible be taken into account and the creditor or credit intermediary should make it clear whether the information provided is illustrative or reflects the preferences and information given. In any event, the representative examples should not be contrary to the requirements of Directive 2005/29/EC. It is important that in the ESIS it is made clear to the consumer, where applicable, that the APRC is based on assumptions and could change so that consumers can take this into account when comparing products. It is important that the APRC should take account of all drawdowns under the credit agreement, whether paid directly to the consumer or to a third party on the consumer's behalf. |
| --- | --- |

(53)

As the APRC can at the
  advertising
  stage be indicated only through an example, such an example should be representative. Therefore, it should correspond, for instance, to the average duration and total amount of credit granted for the type of credit agreement under consideration.
  When determining the representative example, the prevalence of certain types of credit agreements in a specific market should be taken into account. It may be preferable for each creditor to base the representative example on an amount of credit which is representative of that creditor’s own product range and expected customer base, as these may vary considerably among creditors. As regards the APRC disclosed in the ESIS, the preferences of and information provided by the consumer should where possible be taken into account and the creditor or credit intermediary should make it clear whether the information provided is illustrative or reflects the preferences and information given. In any event, the representative examples should not be contrary to the requirements of Directive 2005/29/EC. It is important that in the ESIS it is made clear to the consumer, where applicable, that the APRC is based on assumptions and could change so that consumers can take this into account when comparing products. It is important that the APRC should take account of all drawdowns under the credit agreement, whether paid directly to the consumer or to a third party on the consumer's behalf.

| (54) | In order to ensure consistency between the calculation of the APRC for different types of credit, the assumptions used for calculating similar forms of credit agreement should be generally consistent. In this respect, assumptions from Commission Directive 2011/90/EU of 14 November 2011 amending Part II of Annex I to Directive 2008/48/EC of the European Parliament and of the Council providing additional assumptions for the calculation of the annual percentage rate of charge

   (12)

  , modifying the assumptions for calculating the APRC should be incorporated. While not all assumptions will necessarily apply to credit agreements available now, product innovation in this sector is active and so it is necessary to have the assumptions in place. Furthermore, for the purpose of calculating the APRC, the identification of the most common drawdown mechanism should be based on reasonable expectations of the drawdown mechanism most frequently used by consumers for the type of product offered by that specific creditor. For existing products, the expectation should be based on the previous 12 months. |
| --- | --- |

(54)

In order to ensure consistency between the calculation of the APRC for different types of credit, the assumptions used for calculating similar forms of credit agreement should be generally consistent. In this respect, assumptions from Commission Directive 2011/90/EU of 14 November 2011 amending Part II of Annex I to Directive 2008/48/EC of the European Parliament and of the Council providing additional assumptions for the calculation of the annual percentage rate of charge

   (12)

  , modifying the assumptions for calculating the APRC should be incorporated. While not all assumptions will necessarily apply to credit agreements available now, product innovation in this sector is active and so it is necessary to have the assumptions in place. Furthermore, for the purpose of calculating the APRC, the identification of the most common drawdown mechanism should be based on reasonable expectations of the drawdown mechanism most frequently used by consumers for the type of product offered by that specific creditor. For existing products, the expectation should be based on the previous 12 months.

| (55) | It is essential that the consumer's ability and propensity to repay the credit is assessed and verified before a credit agreement is concluded. That
  assessment of creditworthiness should take into consideration all necessary
  and relevant
  factors that could influence a consumer’s ability to repay
  the credit
  over
  its lifetime. In particular, the consumer's ability to service and fully repay the credit should include consideration of future payments or payment increases needed due to negative amortisation or deferred payments of principal or interest and should be considered in the light of other regular expenditure, debts and other financial commitments as well as income, savings and assets. Reasonable allowance should be made for future events during the term of the proposed credit agreement such as a reduction in income where the credit term lasts into retirement or, where applicable, an increase in the borrowing rate or negative change in the exchange rate. While the value of the immovable property is an important element in ascertaining the amount of the credit that may be granted to a consumer under a secured credit agreement, the assessment of creditworthiness should focus on the consumer’s ability to meet their obligations under the credit agreement. Consequently, the possibility that the value of the immovable property could exceed the credit amount or could increase in the future should not generally be a sufficient condition for granting the credit in question. Nevertheless, where the purpose of a credit agreement is to construct or renovate an existing immovable property, the creditor should be able to consider this possibility
  . Member States should be able to issue
  additional
  guidance on
  those or additional
  criteria
  and on methods
  to assess a consumer’s creditworthiness, for example by setting limits on loan-to-value or loan-to-income ratios
  and should be encouraged to implement the Financial Stability Board's Principles for Sound Residential Mortgage Underwriting Practices. |
| --- | --- |

(55)

It is essential that the consumer's ability and propensity to repay the credit is assessed and verified before a credit agreement is concluded. That
  assessment of creditworthiness should take into consideration all necessary
  and relevant
  factors that could influence a consumer’s ability to repay
  the credit
  over
  its lifetime. In particular, the consumer's ability to service and fully repay the credit should include consideration of future payments or payment increases needed due to negative amortisation or deferred payments of principal or interest and should be considered in the light of other regular expenditure, debts and other financial commitments as well as income, savings and assets. Reasonable allowance should be made for future events during the term of the proposed credit agreement such as a reduction in income where the credit term lasts into retirement or, where applicable, an increase in the borrowing rate or negative change in the exchange rate. While the value of the immovable property is an important element in ascertaining the amount of the credit that may be granted to a consumer under a secured credit agreement, the assessment of creditworthiness should focus on the consumer’s ability to meet their obligations under the credit agreement. Consequently, the possibility that the value of the immovable property could exceed the credit amount or could increase in the future should not generally be a sufficient condition for granting the credit in question. Nevertheless, where the purpose of a credit agreement is to construct or renovate an existing immovable property, the creditor should be able to consider this possibility
  . Member States should be able to issue
  additional
  guidance on
  those or additional
  criteria
  and on methods
  to assess a consumer’s creditworthiness, for example by setting limits on loan-to-value or loan-to-income ratios
  and should be encouraged to implement the Financial Stability Board's Principles for Sound Residential Mortgage Underwriting Practices.

| (56) | Specific provisions may be necessary for the different elements that may be taken into consideration in the creditworthiness assessment of certain types of credit agreements. For example, for credit agreements which relate to an immovable property which explicitly state that the immovable property is not to be occupied as a house, apartment or another place of residence by the consumer or a family member of the consumer (buy-to-let agreements), Member States should be able to specify that future rental income is taken into account when assessing the consumer's ability to repay the credit. In those Member States where such a specification is not set out by national provisions, creditors may decide to include a prudent assessment of future rental income. The assessment of creditworthiness should not imply the transfer of responsibility to the creditor for any subsequent non-compliance by the consumer with his obligations under the credit agreement. |
| --- | --- |

(56)

Specific provisions may be necessary for the different elements that may be taken into consideration in the creditworthiness assessment of certain types of credit agreements. For example, for credit agreements which relate to an immovable property which explicitly state that the immovable property is not to be occupied as a house, apartment or another place of residence by the consumer or a family member of the consumer (buy-to-let agreements), Member States should be able to specify that future rental income is taken into account when assessing the consumer's ability to repay the credit. In those Member States where such a specification is not set out by national provisions, creditors may decide to include a prudent assessment of future rental income. The assessment of creditworthiness should not imply the transfer of responsibility to the creditor for any subsequent non-compliance by the consumer with his obligations under the credit agreement.

| (57) | The creditor's decision as to whether to grant the credit should be consistent with the outcome of the assessment of creditworthiness. For example, the capacity for the creditor to transfer part of the credit risk to a third party should not lead him to ignore the conclusions of the creditworthiness assessment by making a credit agreement available to a consumer who is likely not to be able to repay it. Member States should be able to transpose this principle by requiring competent authorities to take relevant actions as part of the supervisory activities and to monitor the compliance of creditors’ creditworthiness assessment procedures. However, a
  positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit. |
| --- | --- |

(57)

The creditor's decision as to whether to grant the credit should be consistent with the outcome of the assessment of creditworthiness. For example, the capacity for the creditor to transfer part of the credit risk to a third party should not lead him to ignore the conclusions of the creditworthiness assessment by making a credit agreement available to a consumer who is likely not to be able to repay it. Member States should be able to transpose this principle by requiring competent authorities to take relevant actions as part of the supervisory activities and to monitor the compliance of creditors’ creditworthiness assessment procedures. However, a
  positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit.

| (58) | In line with the recommendations of the Financial Stability Board, the assessment of creditworthiness should be based on information on the financial and economic situation, including income and expenses, of the consumer. That information can be obtained from various sources including from the consumer, and the creditor should appropriately verify such information before granting the credit. In that respect consumers should provide information
  in order to facilitate the creditworthiness assessment
  , since failure to do so is likely to result in refusal of the credit they seek to obtain unless the information can be obtained from elsewhere. Without prejudice to private contract law, Member States should ensure that creditors cannot terminate a credit agreement because they realised, after the signature of the credit agreement, that the assessment of creditworthiness was incorrectly conducted due to incomplete information at the time of the creditworthiness assessment. However, this should be without prejudice to the possibility for Member States to allow creditors to terminate the credit agreement where it can be established that the consumer deliberately provided inaccurate or falsified information at the time of the creditworthiness assessment or intentionally did not provide information that would have led to a negative creditworthiness assessment or where there are other valid reasons compatible with Union law. While it would not be appropriate to apply sanctions to consumers for not being
  in a position to provide certain information or assessments
  or for deciding to discontinue the application process for getting a credit, Member States should be able to provide for sanctions
  where consumers knowingly provide incomplete or
  incorrect information in order to obtain a positive creditworthiness assessment, in particular where the complete and correct information would have resulted in a negative creditworthiness assessment and the consumer is subsequently unable to fulfil the conditions of the agreement
  . |
| --- | --- |

(58)

In line with the recommendations of the Financial Stability Board, the assessment of creditworthiness should be based on information on the financial and economic situation, including income and expenses, of the consumer. That information can be obtained from various sources including from the consumer, and the creditor should appropriately verify such information before granting the credit. In that respect consumers should provide information
  in order to facilitate the creditworthiness assessment
  , since failure to do so is likely to result in refusal of the credit they seek to obtain unless the information can be obtained from elsewhere. Without prejudice to private contract law, Member States should ensure that creditors cannot terminate a credit agreement because they realised, after the signature of the credit agreement, that the assessment of creditworthiness was incorrectly conducted due to incomplete information at the time of the creditworthiness assessment. However, this should be without prejudice to the possibility for Member States to allow creditors to terminate the credit agreement where it can be established that the consumer deliberately provided inaccurate or falsified information at the time of the creditworthiness assessment or intentionally did not provide information that would have led to a negative creditworthiness assessment or where there are other valid reasons compatible with Union law. While it would not be appropriate to apply sanctions to consumers for not being
  in a position to provide certain information or assessments
  or for deciding to discontinue the application process for getting a credit, Member States should be able to provide for sanctions
  where consumers knowingly provide incomplete or
  incorrect information in order to obtain a positive creditworthiness assessment, in particular where the complete and correct information would have resulted in a negative creditworthiness assessment and the consumer is subsequently unable to fulfil the conditions of the agreement
  .

| (59) | Consultation of a credit database is a useful element in the assessment of creditworthiness. Some Member States require creditors to assess the creditworthiness of consumers on the basis of a consultation of the relevant database. Creditors should be able to consult the credit database over the lifetime of the credit
  solely
  in order to identify and assess the potential for default.
  Such consultation of the credit database should be subject to appropriate safeguards to ensure that it is used for the early identification and resolution of credit risk in the interest of the consumer and not to inform commercial negotiations
  . Pursuant to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (13), consumers should be informed by creditors of the consultation of the credit database prior to its consultation, and should have the right to access the information held on them in such a credit database in order to, where necessary, rectify, erase or block the personal data concerning them processed therein where it is inaccurate or has been unlawfully processed. |
| --- | --- |

(59)

Consultation of a credit database is a useful element in the assessment of creditworthiness. Some Member States require creditors to assess the creditworthiness of consumers on the basis of a consultation of the relevant database. Creditors should be able to consult the credit database over the lifetime of the credit
  solely
  in order to identify and assess the potential for default.
  Such consultation of the credit database should be subject to appropriate safeguards to ensure that it is used for the early identification and resolution of credit risk in the interest of the consumer and not to inform commercial negotiations
  . Pursuant to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (13), consumers should be informed by creditors of the consultation of the credit database prior to its consultation, and should have the right to access the information held on them in such a credit database in order to, where necessary, rectify, erase or block the personal data concerning them processed therein where it is inaccurate or has been unlawfully processed.

| (60) | To prevent any distortion of competition among creditors, it should be ensured that all creditors, ▌including credit institutions or non-credit institutions providing credit agreements relating to residential immovable property, have access to all public and private credit databases concerning consumers under non-discriminatory conditions. Such conditions should not therefore include a requirement
  for creditors
  to be established as a credit institution. Access conditions, such as the costs of
  accessing the database
  or requirements
  to provide
  information to
  the database on the basis of reciprocity should
  continue to apply. Member States should be free to determine whether, within their jurisdictions, credit intermediaries may have access to such databases. |
| --- | --- |

(60)

To prevent any distortion of competition among creditors, it should be ensured that all creditors, ▌including credit institutions or non-credit institutions providing credit agreements relating to residential immovable property, have access to all public and private credit databases concerning consumers under non-discriminatory conditions. Such conditions should not therefore include a requirement
  for creditors
  to be established as a credit institution. Access conditions, such as the costs of
  accessing the database
  or requirements
  to provide
  information to
  the database on the basis of reciprocity should
  continue to apply. Member States should be free to determine whether, within their jurisdictions, credit intermediaries may have access to such databases.

| (61) | Where a decision to reject an application for credit is based on data obtained through the consultation of a database or the lack of data therein, the creditor should inform the consumer thereof,
  and provide
  the name of the database consulted and of any other elements required by Directive 95/46/EC so as to enable the consumer to exercise his right to access and, where
  justified
  , rectify, erase or block personal data concerning him and processed therein. Where a decision to reject an application for credit
  results from a negative creditworthiness assessment
  , the creditor should inform the consumer
  of the rejection without undue delay. Member States should be free to decide whether they require creditors to provide further explanations on the reasons of the rejection
  . However, the creditor should not be required to give such information when to do so would be prohibited by other Union law such as provisions on money laundering or the financing of terrorism.
  Such
  information
  should not
  be provided where to do so would be contrary to the objectives of public policy or public security such as the prevention, investigation, detection or prosecution of criminal offences. |
| --- | --- |

(61)

Where a decision to reject an application for credit is based on data obtained through the consultation of a database or the lack of data therein, the creditor should inform the consumer thereof,
  and provide
  the name of the database consulted and of any other elements required by Directive 95/46/EC so as to enable the consumer to exercise his right to access and, where
  justified
  , rectify, erase or block personal data concerning him and processed therein. Where a decision to reject an application for credit
  results from a negative creditworthiness assessment
  , the creditor should inform the consumer
  of the rejection without undue delay. Member States should be free to decide whether they require creditors to provide further explanations on the reasons of the rejection
  . However, the creditor should not be required to give such information when to do so would be prohibited by other Union law such as provisions on money laundering or the financing of terrorism.
  Such
  information
  should not
  be provided where to do so would be contrary to the objectives of public policy or public security such as the prevention, investigation, detection or prosecution of criminal offences.

| (62) | This Directive addresses the use of personal data in the context of the assessment of
  a
  consumer’s creditworthiness. In order to ensure the protection of personal data, Directive 95/46/EC should apply to the data processing activities carried out within the context of such assessments. ▌ |
| --- | --- |

(62)

This Directive addresses the use of personal data in the context of the assessment of
  a
  consumer’s creditworthiness. In order to ensure the protection of personal data, Directive 95/46/EC should apply to the data processing activities carried out within the context of such assessments. ▌

| (63) | Providing advice in the form of a personalised recommendation is a distinct activity which may but need not be combined with other aspects of granting or intermediating credit. Therefore, in
  order to be in a position to understand the nature of the
  services provided to them
  , consumers should be made aware of
  whether advisory services are being or can be provided and when they are not and of what constitutes advisory services. Given the importance which consumers attach to the use of the terms ‘advice’ and ‘advisors’, it is appropriate that Member States should be allowed to prohibit the use of the those terms, or similar terms, when advisory services are being provided to consumers. It is appropriate to ensure that Member States impose safeguards where advice is described as independent to ensure that the range of products considered and remuneration arrangements are commensurate with consumers’ expectations of such advice. |
| --- | --- |

(63)

Providing advice in the form of a personalised recommendation is a distinct activity which may but need not be combined with other aspects of granting or intermediating credit. Therefore, in
  order to be in a position to understand the nature of the
  services provided to them
  , consumers should be made aware of
  whether advisory services are being or can be provided and when they are not and of what constitutes advisory services. Given the importance which consumers attach to the use of the terms ‘advice’ and ‘advisors’, it is appropriate that Member States should be allowed to prohibit the use of the those terms, or similar terms, when advisory services are being provided to consumers. It is appropriate to ensure that Member States impose safeguards where advice is described as independent to ensure that the range of products considered and remuneration arrangements are commensurate with consumers’ expectations of such advice.

| (64) | Those providing
  advisory services
  should comply with
  certain
  standards in order to ensure that the consumer is presented with ▌products suitable for his needs and circumstances.
  Advisory services
  should be based on a fair and sufficiently wide-ranging analysis of the products
  offered, where the advisory services are provided by creditors and tied credit intermediaries, or, where the advisory services are provided by credit intermediaries that are not tied, of products available on the market. Those providing advisory services should be able to specialise in certain ‘niche’ products such as bridging finance, provided they consider a range of products within that particular ‘niche’ and 'their specialisation in those ‘niche’ products is made clear to the consumer. In any event, creditors and credit intermediaries should disclose to the consumer whether they are advising only on their own product range or a wide range from across the market to ensure that the consumer understands the basis for a recommendation. |
| --- | --- |

(64)

Those providing
  advisory services
  should comply with
  certain
  standards in order to ensure that the consumer is presented with ▌products suitable for his needs and circumstances.
  Advisory services
  should be based on a fair and sufficiently wide-ranging analysis of the products
  offered, where the advisory services are provided by creditors and tied credit intermediaries, or, where the advisory services are provided by credit intermediaries that are not tied, of products available on the market. Those providing advisory services should be able to specialise in certain ‘niche’ products such as bridging finance, provided they consider a range of products within that particular ‘niche’ and 'their specialisation in those ‘niche’ products is made clear to the consumer. In any event, creditors and credit intermediaries should disclose to the consumer whether they are advising only on their own product range or a wide range from across the market to ensure that the consumer understands the basis for a recommendation.

| (65) | Advisory services should be based on a proper understanding of the consumer'
  s financial situation, preferences and objectives ▌ based on
  the necessary
  up-to-date information and reasonable assumptions
  about risks to
  the consumer's circumstances during the lifetime of the credit agreement. Member States should be able to clarify how the suitability of a given product is to be assessed in the context of the provision of
  advisory services
  . |
| --- | --- |

(65)

Advisory services should be based on a proper understanding of the consumer'
  s financial situation, preferences and objectives ▌ based on
  the necessary
  up-to-date information and reasonable assumptions
  about risks to
  the consumer's circumstances during the lifetime of the credit agreement. Member States should be able to clarify how the suitability of a given product is to be assessed in the context of the provision of
  advisory services
  .

| (66) | A consumer's ability to repay
  the
  credit prior to the expiry of
  the
  credit agreement may play an important role in promoting competition in the internal market and the free movement of Union citizens
  as well as helping to provide the flexibility during the lifetime of the credit agreement needed to promote financial stability in line with the recommendations of the Financial Stability Board
  . However, substantial differences exist between the national principles and conditions under which consumers have the ability to repay
  their credit
  and the conditions under which such early repayment can take place. Whilst recognising the diversity in mortgage funding mechanisms and the range of products available, certain standards with regard to early repayment of credit are essential at Union level in order to ensure that consumers have the possibility to discharge their obligations before the date agreed in the credit agreement and the confidence to compare offers in order to find the best products to meet their needs. Member States should therefore ensure,
  whether through
  law or
  other
  means
  such as
  contractual clauses, that consumers have a right to early repayment
  . Nevertheless
  , Member States should be able to define the conditions for the exercise of such a right. These conditions may include time limitations on the exercise of the right, different treatment depending on the type of the borrowing rate ▌ or ▌ restrictions with regard to the circumstances under which the right may be exercised.
  Where
  the early repayment falls within a period for which the borrowing rate is fixed, exercise of the right may be made subject to the existence of a
  legitimate
  interest on the part of the consumer
  specified by the Member State
  . Such
  legitimate
  interest may for example occur in the event of divorce or unemployment.
  The conditions set by Member States may provide that the creditor is entitled to fair and objectively justified compensation for potential costs directly linked to early repayment of the credit. In the event where Member States provide that the creditor is entitled to compensation such compensation should be a fair and objectively justified compensation for potential costs directly linked to early repayment of the credit in accordance with the national rules on compensation. The compensation should not exceed the financial loss of the creditor. |
| --- | --- |

(66)

A consumer's ability to repay
  the
  credit prior to the expiry of
  the
  credit agreement may play an important role in promoting competition in the internal market and the free movement of Union citizens
  as well as helping to provide the flexibility during the lifetime of the credit agreement needed to promote financial stability in line with the recommendations of the Financial Stability Board
  . However, substantial differences exist between the national principles and conditions under which consumers have the ability to repay
  their credit
  and the conditions under which such early repayment can take place. Whilst recognising the diversity in mortgage funding mechanisms and the range of products available, certain standards with regard to early repayment of credit are essential at Union level in order to ensure that consumers have the possibility to discharge their obligations before the date agreed in the credit agreement and the confidence to compare offers in order to find the best products to meet their needs. Member States should therefore ensure,
  whether through
  law or
  other
  means
  such as
  contractual clauses, that consumers have a right to early repayment
  . Nevertheless
  , Member States should be able to define the conditions for the exercise of such a right. These conditions may include time limitations on the exercise of the right, different treatment depending on the type of the borrowing rate ▌ or ▌ restrictions with regard to the circumstances under which the right may be exercised.
  Where
  the early repayment falls within a period for which the borrowing rate is fixed, exercise of the right may be made subject to the existence of a
  legitimate
  interest on the part of the consumer
  specified by the Member State
  . Such
  legitimate
  interest may for example occur in the event of divorce or unemployment.
  The conditions set by Member States may provide that the creditor is entitled to fair and objectively justified compensation for potential costs directly linked to early repayment of the credit. In the event where Member States provide that the creditor is entitled to compensation such compensation should be a fair and objectively justified compensation for potential costs directly linked to early repayment of the credit in accordance with the national rules on compensation. The compensation should not exceed the financial loss of the creditor.

| (67) | It is important to ensure that sufficient transparency exists to provide clarity for consumers on the nature of the commitments made in the interests of preserving financial stability and on where there is flexibility during the term of the credit agreement. Consumers should be provided with information concerning the borrowing rate during the contractual relationship as well as at the pre-contractual stage. Member States should be able to maintain or introduce restrictions or prohibitions on unilateral changes to the borrowing rate by the creditor. Member States should be able to provide that where the borrowing rate changes the consumer is entitled to receive an updated amortisation table. |
| --- | --- |

(67)

It is important to ensure that sufficient transparency exists to provide clarity for consumers on the nature of the commitments made in the interests of preserving financial stability and on where there is flexibility during the term of the credit agreement. Consumers should be provided with information concerning the borrowing rate during the contractual relationship as well as at the pre-contractual stage. Member States should be able to maintain or introduce restrictions or prohibitions on unilateral changes to the borrowing rate by the creditor. Member States should be able to provide that where the borrowing rate changes the consumer is entitled to receive an updated amortisation table.

| (68) | Although credit intermediaries play a central role in the distribution of credit agreements relating to residential immovable property in the Union, substantial differences remain between national provisions on the conduct of business and supervision of credit intermediaries which create barriers to the taking-up and pursuit of the activities of credit intermediaries in the internal market. The inability of credit intermediaries to operate freely throughout the Union hinders the proper functioning of the internal market in credit agreements relating to residential immovable property. While recognising the diversity in the types of actor involved in credit intermediation, certain standards at Union level are essential in order to ensure a high level of professionalism and service. |
| --- | --- |

(68)

Although credit intermediaries play a central role in the distribution of credit agreements relating to residential immovable property in the Union, substantial differences remain between national provisions on the conduct of business and supervision of credit intermediaries which create barriers to the taking-up and pursuit of the activities of credit intermediaries in the internal market. The inability of credit intermediaries to operate freely throughout the Union hinders the proper functioning of the internal market in credit agreements relating to residential immovable property. While recognising the diversity in the types of actor involved in credit intermediation, certain standards at Union level are essential in order to ensure a high level of professionalism and service.

| (69) | Before being able to carry out their activities, credit
  intermediaries should be
  subject to an admission process by
  the competent authority of
  their home Member State and subject to ongoing supervision to ensure that they meet
  strict professional requirements
  at least
  in relation to their competence, good repute ▌ and professional indemnity cover.▌Such requirements should apply at least at the level of the institution. However, Member States may clarify whether such requirements for
  admission
  apply to individual employees
  of
  the credit intermediary.
  The home Member State may provide for additional requirements, for instance that the credit intermediary's shareholders are of good repute or that a tied credit intermediary can only be tied to one creditor, where those are proportionate and compatible with other Union law. Relevant information about admitted credit intermediaries should be entered in a public register. Tied credit intermediaries who work exclusively with one creditor under its full and unconditional responsibility should have the possibility to be admitted by the competent authority under the auspices of the creditor on whose behalf they act. Member States should have the right to maintain or to impose restrictions regarding the legal form of certain credit intermediaries, whether they are allowed to act exclusively as legal or natural persons. Member States should be free to decide whether all credit intermediaries are entered into one register or whether different registers are required depending on whether the credit intermediary is tied or acts as independent credit intermediary. Furthermore Member States should be free to maintain or to impose restrictions on the possibility to charge any fees to consumers by the credit intermediaries tied to one or more creditors. |
| --- | --- |

(69)

Before being able to carry out their activities, credit
  intermediaries should be
  subject to an admission process by
  the competent authority of
  their home Member State and subject to ongoing supervision to ensure that they meet
  strict professional requirements
  at least
  in relation to their competence, good repute ▌ and professional indemnity cover.▌Such requirements should apply at least at the level of the institution. However, Member States may clarify whether such requirements for
  admission
  apply to individual employees
  of
  the credit intermediary.
  The home Member State may provide for additional requirements, for instance that the credit intermediary's shareholders are of good repute or that a tied credit intermediary can only be tied to one creditor, where those are proportionate and compatible with other Union law. Relevant information about admitted credit intermediaries should be entered in a public register. Tied credit intermediaries who work exclusively with one creditor under its full and unconditional responsibility should have the possibility to be admitted by the competent authority under the auspices of the creditor on whose behalf they act. Member States should have the right to maintain or to impose restrictions regarding the legal form of certain credit intermediaries, whether they are allowed to act exclusively as legal or natural persons. Member States should be free to decide whether all credit intermediaries are entered into one register or whether different registers are required depending on whether the credit intermediary is tied or acts as independent credit intermediary. Furthermore Member States should be free to maintain or to impose restrictions on the possibility to charge any fees to consumers by the credit intermediaries tied to one or more creditors.

| (70) | In some Member States, credit intermediaries may decide to use the services of appointed representatives to perform activities on their behalf. Member States should have the possibility to apply the specific regime laid down by this Directive for appointed representatives. However, Member States should be free not to introduce such a regime or to allow other entities to perform a role which is comparable to that of appointed representatives, provided that those entities are subject to the same regime as credit intermediaries. The rules on appointed representatives set out in this Directive do not oblige Member States to allow appointed representatives to operate in their jurisdiction unless such appointed representatives are considered credit intermediaries under this Directive. |
| --- | --- |

(70)

In some Member States, credit intermediaries may decide to use the services of appointed representatives to perform activities on their behalf. Member States should have the possibility to apply the specific regime laid down by this Directive for appointed representatives. However, Member States should be free not to introduce such a regime or to allow other entities to perform a role which is comparable to that of appointed representatives, provided that those entities are subject to the same regime as credit intermediaries. The rules on appointed representatives set out in this Directive do not oblige Member States to allow appointed representatives to operate in their jurisdiction unless such appointed representatives are considered credit intermediaries under this Directive.

| (71) | In order to ensure the effective supervision of credit intermediaries by competent authorities, a credit intermediary which is a legal person should be admitted in the Member State in which it has its registered office. A credit intermediary which is not a legal person should be admitted in the Member State in which it has its head office. In addition, Member States should require that a credit intermediary’s head office always be situated in its home Member State and that it actually operates there. |
| --- | --- |

(71)

In order to ensure the effective supervision of credit intermediaries by competent authorities, a credit intermediary which is a legal person should be admitted in the Member State in which it has its registered office. A credit intermediary which is not a legal person should be admitted in the Member State in which it has its head office. In addition, Member States should require that a credit intermediary’s head office always be situated in its home Member State and that it actually operates there.

| (72) | The
  requirements
  for admission
  should allow credit intermediaries to operate in other Member States in accordance with the principles of freedom of establishment and freedom to provide services, provided that an appropriate notification procedure has been followed between the competent authorities. Even in cases where Member States decide to
  admit
  all individual staff within the credit intermediary, the notification of the intention to provide services should be made on the basis of the credit intermediary rather than the individual employee.
  However, while this Directive provides a framework for all admitted credit intermediaries, including credit intermediaries tied to only one creditor, to operate throughout the Union, this Directive does not provide such a framework for appointed representatives. In such instances, appointed representatives wishing to operate in another Member State would have to comply with the requirements for the admission of credit intermediaries set out in this Directive. |
| --- | --- |

(72)

The
  requirements
  for admission
  should allow credit intermediaries to operate in other Member States in accordance with the principles of freedom of establishment and freedom to provide services, provided that an appropriate notification procedure has been followed between the competent authorities. Even in cases where Member States decide to
  admit
  all individual staff within the credit intermediary, the notification of the intention to provide services should be made on the basis of the credit intermediary rather than the individual employee.
  However, while this Directive provides a framework for all admitted credit intermediaries, including credit intermediaries tied to only one creditor, to operate throughout the Union, this Directive does not provide such a framework for appointed representatives. In such instances, appointed representatives wishing to operate in another Member State would have to comply with the requirements for the admission of credit intermediaries set out in this Directive.

| (73) | In some Member States, credit intermediaries can carry out their activities in respect of credit agreements offered by non-credit institutions and credit institutions. As a principle, admitted credit intermediaries should be allowed to operate in the entire territory of the Union. However, the admission by the competent authorities of the home Member States should not allow credit intermediaries to provide their services in relation to credit agreements offered by non-credit institutions to a consumer in a Member State where such non-credit institutions are not allowed to operate. |
| --- | --- |

(73)

In some Member States, credit intermediaries can carry out their activities in respect of credit agreements offered by non-credit institutions and credit institutions. As a principle, admitted credit intermediaries should be allowed to operate in the entire territory of the Union. However, the admission by the competent authorities of the home Member States should not allow credit intermediaries to provide their services in relation to credit agreements offered by non-credit institutions to a consumer in a Member State where such non-credit institutions are not allowed to operate.

| (74) | Member States should be able to provide that persons carrying out credit intermediation activities only on an incidental basis in the course of professional activity, such as lawyers or notaries, are not subject to the admission procedure set out in this Directive provided that such professional activity is regulated and the relevant rules do not prohibit the carrying out, on an incidental basis, of credit intermediation activities. Such an exemption from the admission procedure laid down in this Directive should however mean that such persons cannot benefit from the passport regime provided in this Directive. Persons who merely introduce or refer a consumer to a creditor or credit intermediary on an incidental basis in the course of their professional activity, for instance by indicating the existence of a particular creditor or credit intermediary to the consumer or a type of product with this particular creditor or credit intermediary to the consumer without further advertising or engaging in the presentation, offering, preparatory work or conclusion of the credit agreement, should not be regarded as credit intermediaries for the purposes of this Directive. Neither should borrowers who merely transfer a credit agreement to a consumer through a process of subrogation without carrying out any other credit intermediation activity be regarded as credit intermediaries for the purposes of this Directive. |
| --- | --- |

(74)

Member States should be able to provide that persons carrying out credit intermediation activities only on an incidental basis in the course of professional activity, such as lawyers or notaries, are not subject to the admission procedure set out in this Directive provided that such professional activity is regulated and the relevant rules do not prohibit the carrying out, on an incidental basis, of credit intermediation activities. Such an exemption from the admission procedure laid down in this Directive should however mean that such persons cannot benefit from the passport regime provided in this Directive. Persons who merely introduce or refer a consumer to a creditor or credit intermediary on an incidental basis in the course of their professional activity, for instance by indicating the existence of a particular creditor or credit intermediary to the consumer or a type of product with this particular creditor or credit intermediary to the consumer without further advertising or engaging in the presentation, offering, preparatory work or conclusion of the credit agreement, should not be regarded as credit intermediaries for the purposes of this Directive. Neither should borrowers who merely transfer a credit agreement to a consumer through a process of subrogation without carrying out any other credit intermediation activity be regarded as credit intermediaries for the purposes of this Directive.

| (75) | In order to ensure a level playing field between creditors and promote financial stability, and pending further harmonisation, Member States should ensure that appropriate measures are in place for the
  admission
  and supervision of non-credit institutions providing credit agreements relating to residential immovable property.
  In accordance with the principle of proportionality, this Directive should not lay down detailed conditions for the admission
  or supervision of creditors providing such credit agreements and that are not credit institutions as defined in Regulation (EU) No 575/2013 of the European Parliament and the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms (14). The number of such institutions operating in the
  Union
  at present is limited as is their market share and the number of Member States in which they are active, particularly since the financial crisis. Nor should the introduction of a ‘passport’ for such institutions be provided for in this Directive for the same reason. |
| --- | --- |

(75)

In order to ensure a level playing field between creditors and promote financial stability, and pending further harmonisation, Member States should ensure that appropriate measures are in place for the
  admission
  and supervision of non-credit institutions providing credit agreements relating to residential immovable property.
  In accordance with the principle of proportionality, this Directive should not lay down detailed conditions for the admission
  or supervision of creditors providing such credit agreements and that are not credit institutions as defined in Regulation (EU) No 575/2013 of the European Parliament and the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms (14). The number of such institutions operating in the
  Union
  at present is limited as is their market share and the number of Member States in which they are active, particularly since the financial crisis. Nor should the introduction of a ‘passport’ for such institutions be provided for in this Directive for the same reason.

| (76) | Member States should lay down rules on
  sanctions
  applicable to infringements of the national provisions adopted pursuant to this Directive and ensure that they are implemented. While the choice of
  sanctions
  remains within the discretion of Member States, the
  sanctions
  provided for should be effective, proportionate and dissuasive. |
| --- | --- |

(76)

Member States should lay down rules on
  sanctions
  applicable to infringements of the national provisions adopted pursuant to this Directive and ensure that they are implemented. While the choice of
  sanctions
  remains within the discretion of Member States, the
  sanctions
  provided for should be effective, proportionate and dissuasive.

| (77) | Consumers should have access to out-of-court complaint and redress procedures for the settlement of disputes arising from the rights and obligations set out in this Directive between creditors and consumers as well as between credit intermediaries and consumers.
  Member States should ensure that participation in such alternative dispute resolution procedures is not optional for creditors and credit intermediaries. To ensure the smooth functioning of alternative dispute resolution procedures in cases of cross-border activity, Member States should require and encourage the bodies responsible for resolving out-of-court complaints and redress to cooperate. In that context, Member States' out-of-court complaint and redress bodies should be encouraged to participate in FIN-NET, a financial dispute resolution network of national out-of-court schemes that are responsible for handling disputes between consumers and financial services providers. |
| --- | --- |

(77)

Consumers should have access to out-of-court complaint and redress procedures for the settlement of disputes arising from the rights and obligations set out in this Directive between creditors and consumers as well as between credit intermediaries and consumers.
  Member States should ensure that participation in such alternative dispute resolution procedures is not optional for creditors and credit intermediaries. To ensure the smooth functioning of alternative dispute resolution procedures in cases of cross-border activity, Member States should require and encourage the bodies responsible for resolving out-of-court complaints and redress to cooperate. In that context, Member States' out-of-court complaint and redress bodies should be encouraged to participate in FIN-NET, a financial dispute resolution network of national out-of-court schemes that are responsible for handling disputes between consumers and financial services providers.

| (78) | In order to
  ensure consistent harmonisation and to
  take account of developments in the markets for credit
  agreements
  or in the evolution of credit products
  or in
  economic
  conditions
  , and in order to
  further specify certain requirements in this Directive, the power to adopt
  acts in accordance with Article 290
  TFEU should be delegated to the Commission in respect of amending the standard wording or the instructions for completing the ESIS and amending the remarks or update the assumptions used to calculate the APRC. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.


  ▌ |
| --- | --- |

(78)

In order to
  ensure consistent harmonisation and to
  take account of developments in the markets for credit
  agreements
  or in the evolution of credit products
  or in
  economic
  conditions
  , and in order to
  further specify certain requirements in this Directive, the power to adopt
  acts in accordance with Article 290
  TFEU should be delegated to the Commission in respect of amending the standard wording or the instructions for completing the ESIS and amending the remarks or update the assumptions used to calculate the APRC. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

▌

| (79) | In order to facilitate the ability of credit intermediaries to provide their services on a cross-border basis, for
  the
  purposes of cooperation, information exchange and dispute resolution between competent authorities, the competent authorities responsible for the
  admission
  of credit intermediaries should be those acting under the auspices of the
  European Supervisory Authority (European Banking Authority) (EBA)
  , as set out in Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority) (15)

  or other national authorities provided that they cooperate with the authorities acting under the auspices of EBA in order to carry out their duties under this Directive
  . |
| --- | --- |

(79)

In order to facilitate the ability of credit intermediaries to provide their services on a cross-border basis, for
  the
  purposes of cooperation, information exchange and dispute resolution between competent authorities, the competent authorities responsible for the
  admission
  of credit intermediaries should be those acting under the auspices of the
  European Supervisory Authority (European Banking Authority) (EBA)
  , as set out in Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority) (15)

  or other national authorities provided that they cooperate with the authorities acting under the auspices of EBA in order to carry out their duties under this Directive
  .

| (80) | Member States should designate competent authorities empowered to ensure enforcement of this Directive and ensure that they are granted investigation and enforcement powers and adequate resources necessary for the performance of their duties. Competent authorities could act for certain aspects of this Directive by application to courts competent to grant a legal decision, including, where appropriate, by appeal. This could enable Member States, in particular where provisions of this Directive were transposed into civil law, to leave the enforcement of these provisions to the abovementioned bodies and the courts. Member States should be able to designate different competent authorities in order to enforce the wide ranging obligations laid down in this Directive. For instance, for some provisions, Member States could designate competent authorities responsible for the enforcement of consumer protection, while for others, they could decide to designate prudential supervisors. The option to designate different competent authorities should not affect the obligations for ongoing supervision and cooperation between the competent authorities, as provided for in this Directive. |
| --- | --- |

(80)

Member States should designate competent authorities empowered to ensure enforcement of this Directive and ensure that they are granted investigation and enforcement powers and adequate resources necessary for the performance of their duties. Competent authorities could act for certain aspects of this Directive by application to courts competent to grant a legal decision, including, where appropriate, by appeal. This could enable Member States, in particular where provisions of this Directive were transposed into civil law, to leave the enforcement of these provisions to the abovementioned bodies and the courts. Member States should be able to designate different competent authorities in order to enforce the wide ranging obligations laid down in this Directive. For instance, for some provisions, Member States could designate competent authorities responsible for the enforcement of consumer protection, while for others, they could decide to designate prudential supervisors. The option to designate different competent authorities should not affect the obligations for ongoing supervision and cooperation between the competent authorities, as provided for in this Directive.

| (81) | The efficient functioning of this Directive will need to be reviewed, as will progress on the establishment of an internal market with a high level of consumer protection for credit agreements relating to residential immovable property. The review should include, among other things, an
  assessment of compliance with and the impact of this Directive, an assessment of whether the scope of the Directive remains appropriate, an analysis of the provision of credit agreements by non-credit institutions,
  an assessment of the need for further measures, including a passport for non-credit institutions
  and
  examination of the necessity to introduce
  further
  rights and obligations with regard to the post-contractual stage of credit agreements ▌. |
| --- | --- |

(81)

The efficient functioning of this Directive will need to be reviewed, as will progress on the establishment of an internal market with a high level of consumer protection for credit agreements relating to residential immovable property. The review should include, among other things, an
  assessment of compliance with and the impact of this Directive, an assessment of whether the scope of the Directive remains appropriate, an analysis of the provision of credit agreements by non-credit institutions,
  an assessment of the need for further measures, including a passport for non-credit institutions
  and
  examination of the necessity to introduce
  further
  rights and obligations with regard to the post-contractual stage of credit agreements ▌.

| (82) | Action by Member States alone is likely to result in different sets of rules, which may undermine or create new obstacles to the functioning of the internal market. Since the objective of this Directive, namely the creation of an efficient and competitive internal market in credit agreements relating to residential immovable property whilst ensuring a high level of consumer protection, cannot be sufficiently achieved by Member States and can therefore, by reason of the effectiveness of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty
  on European Union
  . 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. |
| --- | --- |

(82)

Action by Member States alone is likely to result in different sets of rules, which may undermine or create new obstacles to the functioning of the internal market. Since the objective of this Directive, namely the creation of an efficient and competitive internal market in credit agreements relating to residential immovable property whilst ensuring a high level of consumer protection, cannot be sufficiently achieved by Member States and can therefore, by reason of the effectiveness of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty
  on European Union
  . 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.

| (83) | Member States may decide to transpose certain aspects covered by this Directive in national law by prudential law, for example the creditworthiness assessment of the consumer, while others are transposed by civil or criminal law, for example the obligations relating to responsible borrowers. |
| --- | --- |

(83)

Member States may decide to transpose certain aspects covered by this Directive in national law by prudential law, for example the creditworthiness assessment of the consumer, while others are transposed by civil or criminal law, for example the obligations relating to responsible borrowers.

| (84) | In accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011

   (16)

  , Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified. |
| --- | --- |

(84)

In accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011

   (16)

  , Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.

| (85) | The European Data Protection Supervisor delivered an opinion on 25 July 2011

   (17)

  based on Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data

   (18), |
| --- | --- |

(85)

The European Data Protection Supervisor delivered an opinion on 25 July 2011

   (17)

  based on Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data

   (18),

HAVE ADOPTED THIS DIRECTIVE:

Chapter 1

Subject matter, scope, definitions and competent authorities

Article 1

Subject matter

This
  Directive
  lays
  down a
  common
  framework for certain aspects of the laws, regulations and administrative provisions of the Member States concerning ▌agreements
  covering credit for consumers secured by a mortgage or otherwise
  relating to residential immovable property
  , including an obligation to carry out a creditworthiness assessment before granting a credit, as a basis for the development of effective underwriting standards in relation to residential immovable property in the Member States, and for certain
  prudential and supervisory requirements
  , including for the establishment and supervision of
  credit intermediaries
  , appointed representatives and non-credit institutions
  .

Article 2

Level of harmonisation

1.
     
  This Directive shall not preclude Member States from maintaining or introducing more stringent provisions in order to protect consumers, provided that such provisions are consistent with their obligations under Union law.

2.
     
  Notwithstanding paragraph 1, Member States shall not maintain or introduce in their national law provisions diverging from those laid down in Article 14(2) and Annex II Part A with regard to standard pre-contractual information through a European Standardised Information Sheet (ESIS) and Article 17(1) to (5), (7) and (8) and Annex I with regard to a common, consistent Union standard for the calculation of the annual percentage rate of charge (APRC).

Article 3

Scope

1.   This
  Directive
  shall apply to ▌:

| (a) | credit agreements which are secured either by a mortgage or by another comparable security commonly used in a Member State on residential immovable property or secured by a right related to residential immovable property; and |
| --- | --- |

(a)

credit agreements which are secured either by a mortgage or by another comparable security commonly used in a Member State on residential immovable property or secured by a right related to residential immovable property; and

| (b) | credit agreements the purpose of which is to acquire or retain property rights in land or in an existing or projected ▌building. |
| --- | --- |

(b)

credit agreements the purpose of which is to acquire or retain property rights in land or in an existing or projected ▌building.

▌

2.
     This Directive shall not apply to:

| (a) | Equity release credit agreements
  where the creditor:










  i) | contributes a lump sum, periodic payments or other forms of credit disbursement in return for a sum deriving from the future sale of a residential immovable property or a right relating to residential immovable property; and |
| --- | --- | --- |

(a)

Equity release credit agreements
  where the creditor:

i)

contributes a lump sum, periodic payments or other forms of credit disbursement in return for a sum deriving from the future sale of a residential immovable property or a right relating to residential immovable property; and

| ii) | will not seek repayment of the credit until the occurrence of one or more specified life events of the consumer, as defined by Member States, unless the consumer breaches his contractual obligations which allows the creditor to terminate the credit agreement; |
| --- | --- |

ii)

will not seek repayment of the credit until the occurrence of one or more specified life events of the consumer, as defined by Member States, unless the consumer breaches his contractual obligations which allows the creditor to terminate the credit agreement;

| (b) | credit
  agreements where the credit is granted by an employer to his employees as a secondary activity where such a credit agreement is offered free of interest or at an APRC lower than those prevailing on the market and not offered to the public generally; |
| --- | --- |

(b)

credit
  agreements where the credit is granted by an employer to his employees as a secondary activity where such a credit agreement is offered free of interest or at an APRC lower than those prevailing on the market and not offered to the public generally;

| (c) | credit agreements where the credit is granted free of interest and without any other charges except those that recover costs directly related to the securing of the credit; |
| --- | --- |

(c)

credit agreements where the credit is granted free of interest and without any other charges except those that recover costs directly related to the securing of the credit;

| (d) | credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month; |
| --- | --- |

(d)

credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month;

| (e) | credit agreements which are the outcome of a settlement reached in court or before another statutory authority
  ; |
| --- | --- |

(e)

credit agreements which are the outcome of a settlement reached in court or before another statutory authority
  ;

| (f) | credit agreements which relate to the deferred payment, free of charge, of an existing debt and which do not fall within the scope of point (a) of paragraph 1. |
| --- | --- |

(f)

credit agreements which relate to the deferred payment, free of charge, of an existing debt and which do not fall within the scope of point (a) of paragraph 1.

3.
     
  Member States may decide not to apply:

| (a) | Articles 11 and 14 and Annex II to credit agreements for consumers, secured by a mortgage or by another comparable security commonly used in a Member State on residential immovable property or secured by a right related to residential immovable property, the purpose of which is not to acquire or retain the right to residential immovable property, provided that the Member States apply to such credit agreements Articles 4 and 5 of and Annexes II and III to Directive 2008/48/EC; |
| --- | --- |

(a)

Articles 11 and 14 and Annex II to credit agreements for consumers, secured by a mortgage or by another comparable security commonly used in a Member State on residential immovable property or secured by a right related to residential immovable property, the purpose of which is not to acquire or retain the right to residential immovable property, provided that the Member States apply to such credit agreements Articles 4 and 5 of and Annexes II and III to Directive 2008/48/EC;

| (b) | this Directive to credit agreements which relate to an immovable property where the credit agreement provides that the immovable property cannot at any time be occupied as a house, apartment or another place of residence by the consumer or a family member of the consumer and is to be occupied as a house, apartment or another place of residence on the basis of a rental agreement; |
| --- | --- |

(b)

this Directive to credit agreements which relate to an immovable property where the credit agreement provides that the immovable property cannot at any time be occupied as a house, apartment or another place of residence by the consumer or a family member of the consumer and is to be occupied as a house, apartment or another place of residence on the basis of a rental agreement;

| (c) | this Directive to credit agreements which relate to credits granted to a restricted public under a statutory provision with a general interest purpose, free of interest or at lower borrowing rates than those prevailing on the market or on other terms which are more favourable to the consumer than those prevailing on the market and at borrowing rates not higher than those prevailing on the market; |
| --- | --- |

(c)

this Directive to credit agreements which relate to credits granted to a restricted public under a statutory provision with a general interest purpose, free of interest or at lower borrowing rates than those prevailing on the market or on other terms which are more favourable to the consumer than those prevailing on the market and at borrowing rates not higher than those prevailing on the market;

| (d) | this Directive to bridging loans; |
| --- | --- |

(d)

this Directive to bridging loans;

| (e) | this Directive to credit agreements where the creditor is an organisation within the scope of Article 2(5) of Directive 2008/48/EC. |
| --- | --- |

(e)

this Directive to credit agreements where the creditor is an organisation within the scope of Article 2(5) of Directive 2008/48/EC.

4.
     
  Member States which use the option referred to in point (b) of paragraph 3 shall ensure the application of an appropriate framework at a national level for this type of credit.

5.
     
  Member States which use the option referred to in point (c) or (e) of paragraph 3 shall ensure the application of adequate alternative arrangements to ensure consumers receive timely information on the main features, risks and costs of such credit agreements at the pre-contractual stage and that advertising of such credit agreements is fair, clear and not misleading.

Article 4

Definitions

For the purposes of this Directive, the following definitions shall apply:

| (1) | ‘Consumer’ means a consumer as defined in point (a) of Article 3 of Directive 2008/48/EC. |
| --- | --- |

(1)

‘Consumer’ means a consumer as defined in point (a) of Article 3 of Directive 2008/48/EC.

| (2) | ‘Creditor’ means a natural or legal person who grants or promises to grant credit
  falling
  within the
  scope
  of Article 3 in the course of his trade, business or profession. |
| --- | --- |

(2)

‘Creditor’ means a natural or legal person who grants or promises to grant credit
  falling
  within the
  scope
  of Article 3 in the course of his trade, business or profession.

| (3) | ‘Credit agreement’ means an agreement whereby a creditor ▌ grants or promises to grant, to a consumer, a credit
  falling
  within the
  scope
  of Article 3 in the form of a deferred payment, loan or other similar financial accommodation. |
| --- | --- |

(3)

‘Credit agreement’ means an agreement whereby a creditor ▌ grants or promises to grant, to a consumer, a credit
  falling
  within the
  scope
  of Article 3 in the form of a deferred payment, loan or other similar financial accommodation.

| (4) | ‘Ancillary service’ means a ▌service offered to the consumer ▌in conjunction with the credit agreement. |
| --- | --- |

(4)

‘Ancillary service’ means a ▌service offered to the consumer ▌in conjunction with the credit agreement.

| (5) | ‘Credit intermediary’ means a natural or legal person who is not acting as a creditor
  or notary and not merely introducing, either directly or indirectly, a consumer to a creditor or credit intermediary,
  and who, in the course of his trade, business or profession, for
  remuneration
  , which may take a pecuniary form or any other agreed form of financial consideration:






  (a) | presents or
  offers credit agreements ▌to consumers; |
| --- | --- | --- |

(5)

‘Credit intermediary’ means a natural or legal person who is not acting as a creditor
  or notary and not merely introducing, either directly or indirectly, a consumer to a creditor or credit intermediary,
  and who, in the course of his trade, business or profession, for
  remuneration
  , which may take a pecuniary form or any other agreed form of financial consideration:

(a)

presents or
  offers credit agreements ▌to consumers;

| (b) | assists consumers by undertaking preparatory work
  or other pre-contractual administration
  in respect of credit agreements ▌other than as referred to in point (a);
  or |
| --- | --- |

(b)

assists consumers by undertaking preparatory work
  or other pre-contractual administration
  in respect of credit agreements ▌other than as referred to in point (a);
  or

| (c) | concludes credit agreements ▌with consumers on behalf of the creditor. |
| --- | --- |

(c)

concludes credit agreements ▌with consumers on behalf of the creditor.

| (6) | ‘Group’ means
  a group of
  creditors which are
  to be consolidated
  for the purposes of
  drawing up
  consolidated accounts, as defined in Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings (19). |
| --- | --- |

(6)

‘Group’ means
  a group of
  creditors which are
  to be consolidated
  for the purposes of
  drawing up
  consolidated accounts, as defined in Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings (19).

| (7) | ‘Tied credit intermediary’ means any credit intermediary who acts on behalf of and under the full
  and unconditional
  responsibility of:








  (a) | only one creditor; |
| --- | --- | --- |

(7)

‘Tied credit intermediary’ means any credit intermediary who acts on behalf of and under the full
  and unconditional
  responsibility of:

(a)

only one creditor;

| (b) | only
  one group
  ; or |
| --- | --- |

(b)

only
  one group
  ; or

| (c) | a number of creditors or groups which does not represent the majority of the market
  . |
| --- | --- |

(c)

a number of creditors or groups which does not represent the majority of the market
  .

| (8) | ‘Appointed representative’ means a natural or legal person who performs activities referred to in point 5 that is acting on behalf of and under the full and unconditional responsibility of only one credit intermediary. |
| --- | --- |

(8)

‘Appointed representative’ means a natural or legal person who performs activities referred to in point 5 that is acting on behalf of and under the full and unconditional responsibility of only one credit intermediary.

| (9) | ‘Credit institution’ means credit institution as defined in point 1 of Article 4(1) of Regulation (EU) No 575/2013. |
| --- | --- |

(9)

‘Credit institution’ means credit institution as defined in point 1 of Article 4(1) of Regulation (EU) No 575/2013.

| (10) | ‘Non-credit institution’ means any
  creditor that
  is not a credit institution. |
| --- | --- |

(10)

‘Non-credit institution’ means any
  creditor that
  is not a credit institution.

| (11) | ‘Staff’ means:








  (a) | any natural person working for
  the creditor, or credit intermediary
  who is directly
  engaged in the activities covered by this Directive
  or who has contacts with consumers in the course of activities covered by this Directive; |
| --- | --- | --- |

(11)

‘Staff’ means:

(a)

any natural person working for
  the creditor, or credit intermediary
  who is directly
  engaged in the activities covered by this Directive
  or who has contacts with consumers in the course of activities covered by this Directive;

| (b) | any natural person working for an appointed representative who has contacts with consumers in the course of activities covered by this Directive; |
| --- | --- |

(b)

any natural person working for an appointed representative who has contacts with consumers in the course of activities covered by this Directive;

| (c) | any natural person directly managing or supervising the natural persons referred to in points (a) and (b)
  . |
| --- | --- |

(c)

any natural person directly managing or supervising the natural persons referred to in points (a) and (b)
  .

| (12) | ‘Total amount of credit’ means the total amount of credit as defined in point (l) of Article 3 of Directive 2008/48/EC. |
| --- | --- |

(12)

‘Total amount of credit’ means the total amount of credit as defined in point (l) of Article 3 of Directive 2008/48/EC.

| (13) | ‘Total cost of the credit to the consumer’ means the total cost of the credit to the consumer as defined in point (g) of Article 3 of Directive 2008/48/EC
  including the cost of valuation of property where such valuation is necessary to obtain the credit but excluding registration fees for the transfer of ownership of the immovable property. It excludes any charges payable by the consumer for non-compliance with the commitments laid down in the credit agreement. |
| --- | --- |

(13)

‘Total cost of the credit to the consumer’ means the total cost of the credit to the consumer as defined in point (g) of Article 3 of Directive 2008/48/EC
  including the cost of valuation of property where such valuation is necessary to obtain the credit but excluding registration fees for the transfer of ownership of the immovable property. It excludes any charges payable by the consumer for non-compliance with the commitments laid down in the credit agreement.

| (14) | ‘Total amount payable by the consumer’ means the total amount payable by the consumer as defined in
  point
  (h) of
  Article 3 of
  Directive 2008/48/EC. |
| --- | --- |

(14)

‘Total amount payable by the consumer’ means the total amount payable by the consumer as defined in
  point
  (h) of
  Article 3 of
  Directive 2008/48/EC.

| (15) | ‘Annual percentage rate of charge’ (APRC) means the total cost of the credit to the consumer, expressed as an annual percentage of the total amount of credit, where applicable, including the costs referred to in Article 17(2)
  and equates, on an annual basis, to the present value of all future or existing commitments (drawdowns, repayments and charges) agreed by the creditor and the consumer
  . |
| --- | --- |

(15)

‘Annual percentage rate of charge’ (APRC) means the total cost of the credit to the consumer, expressed as an annual percentage of the total amount of credit, where applicable, including the costs referred to in Article 17(2)
  and equates, on an annual basis, to the present value of all future or existing commitments (drawdowns, repayments and charges) agreed by the creditor and the consumer
  .

| (16) | ‘Borrowing rate’ means the borrowing rate as defined in point (j) of Article 3 of Directive 2008/48/EC. |
| --- | --- |

(16)

‘Borrowing rate’ means the borrowing rate as defined in point (j) of Article 3 of Directive 2008/48/EC.

| (17) | ‘Creditworthiness assessment’ means the evaluation of
  the prospect for the
  debt obligation
  resulting from the credit agreement to be met
  . |
| --- | --- |

(17)

‘Creditworthiness assessment’ means the evaluation of
  the prospect for the
  debt obligation
  resulting from the credit agreement to be met
  .

| (18) | ‘Durable medium’ means durable medium as defined in point (m) of Article 3 of Directive 2008/48/EC. |
| --- | --- |

(18)

‘Durable medium’ means durable medium as defined in point (m) of Article 3 of Directive 2008/48/EC.

| (19) | ‘Home Member State’ means:






  (a) | where the creditor or credit intermediary is a natural person, the Member State in which his
  head office
  is situated ▌; |
| --- | --- | --- |

(19)

‘Home Member State’ means:

(a)

where the creditor or credit intermediary is a natural person, the Member State in which his
  head office
  is situated ▌;

| (b) | where the creditor or credit intermediary is a legal person, the Member State in which its registered office is situated or, if under its national law it has no registered office, the Member State in which its head office is situated. |
| --- | --- |

(b)

where the creditor or credit intermediary is a legal person, the Member State in which its registered office is situated or, if under its national law it has no registered office, the Member State in which its head office is situated.

| (20) | ‘Host Member State’ means the Member State
  , other than the home Member State,
  in which the creditor or credit intermediary has a branch or provides services. |
| --- | --- |

(20)

‘Host Member State’ means the Member State
  , other than the home Member State,
  in which the creditor or credit intermediary has a branch or provides services.

| (21) | ‘Advisory services’ means the provision of personal recommendations to a consumer in respect of one or more transactions relating to credit agreements and constitutes a separate activity from the granting of a credit and from the credit intermediation activities set out in point 5. |
| --- | --- |

(21)

‘Advisory services’ means the provision of personal recommendations to a consumer in respect of one or more transactions relating to credit agreements and constitutes a separate activity from the granting of a credit and from the credit intermediation activities set out in point 5.

| (22) | ‘Competent authority’ means an authority designated as competent by a Member State in accordance with Article 5. |
| --- | --- |

(22)

‘Competent authority’ means an authority designated as competent by a Member State in accordance with Article 5.

| (23) | ‘Bridging loan’ means a credit agreement either of no fixed duration or which is due to be repaid within 12 months, used by the consumer as a temporary financing solution while transitioning to another financial arrangement for the immovable property. |
| --- | --- |

(23)

‘Bridging loan’ means a credit agreement either of no fixed duration or which is due to be repaid within 12 months, used by the consumer as a temporary financing solution while transitioning to another financial arrangement for the immovable property.

| (24) | ‘Contingent liability or guarantee’ means a credit agreement which acts as a guarantee to another separate but ancillary transaction, and where the capital secured against an immovable property is only drawn down if an event or events specified in the contract occur. |
| --- | --- |

(24)

‘Contingent liability or guarantee’ means a credit agreement which acts as a guarantee to another separate but ancillary transaction, and where the capital secured against an immovable property is only drawn down if an event or events specified in the contract occur.

| (25) | ‘Shared equity credit agreement’ means a credit agreement where the capital repayable is based on a contractually set percentage of the value of the immovable property at the time of the capital repayment or repayments. |
| --- | --- |

(25)

‘Shared equity credit agreement’ means a credit agreement where the capital repayable is based on a contractually set percentage of the value of the immovable property at the time of the capital repayment or repayments.

| (26) | ‘Tying practice’ means the offering or the selling of a credit agreement in a package with other distinct financial products or services where the credit agreement is not made available to the consumer separately. |
| --- | --- |

(26)

‘Tying practice’ means the offering or the selling of a credit agreement in a package with other distinct financial products or services where the credit agreement is not made available to the consumer separately.

| (27) | ‘Bundling practice’ means the offering or the selling of a credit agreement in a package with other distinct financial products or services where the credit agreement is also made available to the consumer separately but not necessarily on the same terms or conditions as when offered bundled with the ancillary services. |
| --- | --- |

(27)

‘Bundling practice’ means the offering or the selling of a credit agreement in a package with other distinct financial products or services where the credit agreement is also made available to the consumer separately but not necessarily on the same terms or conditions as when offered bundled with the ancillary services.

| (28) | ‘Foreign currency loan’ means a credit agreement where the credit is:










  (a) | denominated in a currency other than that in which the consumer receives the income or holds the assets from which the credit is to be repaid; or |
| --- | --- | --- |

(28)

‘Foreign currency loan’ means a credit agreement where the credit is:

(a)

denominated in a currency other than that in which the consumer receives the income or holds the assets from which the credit is to be repaid; or

| (b) | denominated in a currency other than that of the Member State in which the consumer is resident. |
| --- | --- |

(b)

denominated in a currency other than that of the Member State in which the consumer is resident.

Article 5 ▌

Competent authorities

1.   Member States shall designate the
  national
  competent authorities empowered to ensure
  the application and enforcement
  of this Directive and shall ensure that they are granted
  investigating and enforcement
  powers
  and adequate resources
  necessary for the
  efficient and effective
  performance of their duties.

The authorities referred to in the first subparagraph shall be either public authorities or bodies recognised by national law or by public authorities expressly empowered for that purpose by national law. They shall not be creditors, credit intermediaries or appointed representatives.

2.
     
  Member States shall ensure that competent authorities, all persons who work or who have worked for the competent authorities, as well as auditors and experts instructed by the competent authorities, are bound by the obligation of professional secrecy. No confidential information which they may receive in the course of their duties may be divulged to any person or authority whatsoever, save in summary or aggregate form, without prejudice to cases covered by criminal law or by this Directive. This shall not, however, prevent the competent authorities from exchanging or transmitting confidential information in accordance with national and Union law.

3.
     Member States shall ensure that the authorities designated as competent for ensuring the
  application and enforcement
  of Articles
  9, 29, 32, 33, 34 and 35
  of this Directive are either or both of the following:

| (a) | competent authorities as defined in Article 4(2) of Regulation (EU) No 1093/2010; |
| --- | --- |

(a)

competent authorities as defined in Article 4(2) of Regulation (EU) No 1093/2010;

| (b) | authorities other than the competent authorities referred to in point (a) provided that national laws, regulations or administrative provisions require those authorities to cooperate with the competent authorities referred to in point (a) whenever necessary in order to carry out their duties under this Directive, including for the purposes of co-operating with the European Supervisory Authority (European Banking Authority) (EBA) as required under this Directive
  . |
| --- | --- |

(b)

authorities other than the competent authorities referred to in point (a) provided that national laws, regulations or administrative provisions require those authorities to cooperate with the competent authorities referred to in point (a) whenever necessary in order to carry out their duties under this Directive, including for the purposes of co-operating with the European Supervisory Authority (European Banking Authority) (EBA) as required under this Directive
  .

4.
     Member States shall inform the Commission
  and EBA
  of the designation of the competent authorities
  and any changes thereto
  , indicating any division of the respective duties between different competent authorities.
  The first such notification shall be made as soon as possible and at the latest on ...

   (*).

5.
     
  The competent authorities shall exercise their powers in conformity with national law either:

| (a) | directly under their own authority or under the supervision of the judicial authorities; or |
| --- | --- |

(a)

directly under their own authority or under the supervision of the judicial authorities; or

| (b) | by application to courts which are competent to grant the necessary decision, including, where appropriate, by appeal, if the application to grant the necessary decision is not successful, except for Articles 9, 29, 32,33, 34 and 35. |
| --- | --- |

(b)

by application to courts which are competent to grant the necessary decision, including, where appropriate, by appeal, if the application to grant the necessary decision is not successful, except for Articles 9, 29, 32,33, 34 and 35.

6.   Where there is more than one competent authority on their territory, Member States shall ensure that
  their respective duties are clearly defined and that
  those authorities collaborate closely so that they can discharge their respective duties effectively.

7.
     
  The Commission shall publish a list of the competent authorities in the Official Journal of the European Union at least once a year, and update it continuously on its website.

Chapter 2

Financial education

Article 6

Financial education of consumers

1.
     
  Member States shall promote measures that support the education of consumers in relation to responsible borrowing and debt management, in particular in relation to mortgage credit agreements. Clear and general information on the credit granting process is necessary in order to guide consumers, especially those who take out a mortgage credit for the first time. Information regarding the guidance that consumer organisations and national authorities may provide to consumers, is also necessary.

2.
     
  The Commission shall publish an assessment of the financial education available to consumers in the Member States and identify examples of best practices which could be further developed in order to increase the financial awareness of consumers.

Chapter 3

Conditions applicable to creditors, credit intermediaries
  and appointed representatives

Article 7

Conduct of business obligations when providing credit to consumers

1.   Member States shall require that ▌ when manufacturing credit products or granting, intermediating or
  providing advisory services
  on credit and, where appropriate, ancillary services to consumers
  or when executing a credit agreement
  , the creditor, credit intermediary
  or appointed representative
  acts honestly, fairly
  , transparently
  and professionally
  , taking account of the rights and
  interests of the consumers
  . In relation to the granting, intermediating or provision of advisory services on credit and, where appropriate, of ancillary services the activities shall be based on information about the consumer's circumstances and any specific requirement made known by a consumer and on reasonable assumptions about risks to the consumer's situation over the term of the credit agreement. In relation to such provision of advisory services, the activity shall in addition be based on the information required under point (a) of Article 22(3).

2.   Member States shall ensure that the manner in which creditors remunerate their staff and ▌credit intermediaries and the manner in which credit intermediaries remunerate their staff
  and appointed representatives
  do not impede compliance with the obligation ▌set out in paragraph 1.

3.
     
  Member States shall ensure that, when establishing and applying remuneration policies for staff responsible for the assessment of creditworthiness, creditors comply with the following principles in a way and to the extent that is appropriate to their size, internal organisation and the nature, scope and complexity of their activities:

| (a) | the remuneration policy is consistent with and promotes sound and effective risk management and does not encourage risk-taking that exceeds the level of tolerated risk of the creditor; |
| --- | --- |

(a)

the remuneration policy is consistent with and promotes sound and effective risk management and does not encourage risk-taking that exceeds the level of tolerated risk of the creditor;

| (b) | the remuneration policy is in line with the business strategy, objectives, values and long-term interests of the creditor, and incorporates measures to avoid conflicts of interest, in particular by providing that remuneration is not contingent on the number or proportion of applications accepted. |
| --- | --- |

(b)

the remuneration policy is in line with the business strategy, objectives, values and long-term interests of the creditor, and incorporates measures to avoid conflicts of interest, in particular by providing that remuneration is not contingent on the number or proportion of applications accepted.

4.
     
  Member States shall ensure that where creditors, credit intermediaries or appointed representatives provide advisory services the remuneration structure of the staff involved does not prejudice their ability to act in the consumer's best interest and in particular is not contingent on sales targets. In order to achieve that goal, Member States may in addition ban commissions paid by the creditor to the credit intermediary.

5.
     
  Member States may prohibit or impose restrictions on payments from a consumer to a creditor or credit intermediary prior to the conclusion of a credit agreement.

Article 8

Obligation to provide information free of charge to consumers

Member States shall ensure that, when information is provided to consumers in compliance with the requirements set out in this Directive, such information is provided without charge to the consumer.

Article 9

Knowledge and
  competence requirements
  for staff

1.
     ▌Member States shall ensure that ▌creditors, credit intermediaries
  and appointed representatives require their staff to
  possess
  and to keep up-to-date
  an appropriate level of knowledge and competence in relation to the
  manufacturing, the
  offering or granting of credit agreements
  , the carrying out
  of credit intermediation activities set out in point 5 of Article 4
  or the provision of advisory services
  . Where the conclusion of a credit agreement includes an ancillary service, ▌appropriate knowledge and competence in relation to that ancillary service
  shall be required.

2.
     
  Except in the circumstances referred to in paragraph 3, home Member States shall establish minimum knowledge and competence requirements for creditors’, credit intermediaries’ and appointed representatives’ staff in accordance with the principles set out in Annex III
  .

3.
     
  Where a creditor or credit intermediary provides its services within the territory of one or more other Member States:

| (i) | through a branch, the host Member State shall be responsible for establishing the minimum knowledge and competence requirements applicable to the staff of a branch; |
| --- | --- |

(i)

through a branch, the host Member State shall be responsible for establishing the minimum knowledge and competence requirements applicable to the staff of a branch;

| (ii) | under the freedom to provide services, the home Member State shall be responsible for establishing the minimum knowledge and competence requirements applicable to the staff in accordance with Annex III, however host Member States may establish the minimum knowledge and competence requirements for those requirements referred to in points (b), (c), (e) and (f) of paragraph 1 of Annex III. |
| --- | --- |

(ii)

under the freedom to provide services, the home Member State shall be responsible for establishing the minimum knowledge and competence requirements applicable to the staff in accordance with Annex III, however host Member States may establish the minimum knowledge and competence requirements for those requirements referred to in points (b), (c), (e) and (f) of paragraph 1 of Annex III.

4.
     
  Member States shall ensure that compliance with the requirements of paragraph 1 is supervised by the competent authorities, and that the competent authorities have powers to require creditors, credit intermediaries and appointed representatives to provide such evidence as the competent authority deems necessary to enable such supervision.

5.
     
  For the effective supervision of creditors and credit intermediaries providing their services within the territory of other Member States under the freedom to provide services, the competent authorities of the host and the home Member States shall cooperate closely for the effective supervision and enforcement of the minimum knowledge and competence requirements of the host Member State. For that purpose they may delegate tasks and responsibilities to each other.

Chapter 4

Information and practices ▌ preliminary to the conclusion of the credit agreement

Article 10

General provisions applicable to advertising and marketing

Without prejudice to Directive 2005/29/EC,
  Member States shall require that any advertising and marketing communications concerning credit agreements ▌are fair, clear and not misleading ▌. In particular, wording that may create false expectations for a consumer regarding the availability or the cost of a credit shall be prohibited.

Article 11

Standard information to be included in advertising

1.   Member States shall ensure that any advertising concerning credit agreements ▌ which indicates an interest rate or any figures relating to the cost of the credit to the consumer includes the standard information in accordance with this Article.

Member States may provide that the first subparagraph shall not apply where national law requires the indication of the APRC in advertising concerning credit agreements which does not indicate an interest rate or any figures relating to any cost of credit to the consumer within the meaning of the first subparagraph.

2.   The standard information shall specify ▌ in a clear, concise and prominent way ▌:

| (a) | the identity of the creditor or, where applicable, the credit intermediary
  or appointed representative
  ; |
| --- | --- |

(a)

the identity of the creditor or, where applicable, the credit intermediary
  or appointed representative
  ;

| (b) | where applicable,
  that the ▌credit agreement
  will be
  secured ▌ by a mortgage or another comparable security commonly used in a Member State on residential immovable property or by a right related to residential immovable property; |
| --- | --- |

(b)

where applicable,
  that the ▌credit agreement
  will be
  secured ▌ by a mortgage or another comparable security commonly used in a Member State on residential immovable property or by a right related to residential immovable property;

| (c) | the borrowing rate, indicating whether this is fixed or variable or a combination of both, together with particulars of any charges included in the total cost of the credit to the consumer; |
| --- | --- |

(c)

the borrowing rate, indicating whether this is fixed or variable or a combination of both, together with particulars of any charges included in the total cost of the credit to the consumer;

| (d) | the total amount of credit; |
| --- | --- |

(d)

the total amount of credit;

| (e) | the APRC
  which shall be included in the advertisement at least as prominently as any interest rate; |
| --- | --- |

(e)

the APRC
  which shall be included in the advertisement at least as prominently as any interest rate;

| (f) | where applicable,
  the duration of the credit agreement; |
| --- | --- |

(f)

where applicable,
  the duration of the credit agreement;

| (g) | where applicable,
  the amount of the instalments; |
| --- | --- |

(g)

where applicable,
  the amount of the instalments;

| (h) | where applicable,
  the total amount payable by the consumer; |
| --- | --- |

(h)

where applicable,
  the total amount payable by the consumer;

| (i) | where applicable, the number of instalments; |
| --- | --- |

(i)

where applicable, the number of instalments;

| (j) | where applicable, a warning regarding the fact that possible fluctuations of the exchange rate could affect the amount payable by the consumer. |
| --- | --- |

(j)

where applicable, a warning regarding the fact that possible fluctuations of the exchange rate could affect the amount payable by the consumer.

3.
     
  The information listed in paragraph 2, other than that listed in points (a), (b) or (j) thereof, shall be specified by means of a representative example and shall adhere to that representative example throughout. Member States shall adopt criteria for determining a representative example.

4.   Where the conclusion of a contract regarding an ancillary service ▌, in particular insurance, is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed, and the cost of that service cannot be determined in advance, the obligation to enter into that contract shall be stated in a clear, concise and prominent way, together with the APRC.

▌

5.
     
  The information referred to in paragraphs 2 and 4 shall be easily legible or clearly audible as appropriate, depending on the medium used for advertising.

6.
     
  Member States may require the inclusion of a concise and proportionate warning concerning specific risks associated with credit agreements. They shall notify those requirements to the Commission without delay.

7.   This Article shall be without prejudice to Directive 2005/29/EC.

Article 12

Tying and bundling practices

1.
     
  Member States shall allow bundling practices but shall prohibit tying practices.

2.
     
  Notwithstanding paragraph 1, Member States may provide that creditors can request the consumer or a family member or close relation of the consumer to:

| (a) | open or maintain a payment or a savings account, where the only purpose of such an account is to accumulate capital to repay the credit, to service the credit, to pool resources to obtain the credit, or to provide additional security for the creditor in the event of default; |
| --- | --- |

(a)

open or maintain a payment or a savings account, where the only purpose of such an account is to accumulate capital to repay the credit, to service the credit, to pool resources to obtain the credit, or to provide additional security for the creditor in the event of default;

| (b) | purchase or keep an investment product or a private pension product, where such product which primarily offers the investor an income in retirement serves also to provide additional security for the creditor in the event of default or to accumulate capital to repay the credit, to service the credit or to pool resources to obtain the credit; |
| --- | --- |

(b)

purchase or keep an investment product or a private pension product, where such product which primarily offers the investor an income in retirement serves also to provide additional security for the creditor in the event of default or to accumulate capital to repay the credit, to service the credit or to pool resources to obtain the credit;

| (c) | conclude a separate credit agreement in conjunction with a shared-equity credit agreement to obtain the credit. |
| --- | --- |

(c)

conclude a separate credit agreement in conjunction with a shared-equity credit agreement to obtain the credit.

3.
     
  Notwithstanding paragraph 1, Member States may allow tying practices when the creditor can demonstrate to its competent authority that the tied products or categories of product offered, on terms and conditions similar to each other, which are not made available separately, result in a clear benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market. This paragraph shall only apply to products which are marketed after ...

   (**).

4.
     
  Member States may allow creditors to require the consumer to hold a relevant insurance policy related to the credit agreement. In such cases Member States shall ensure that the creditor accepts the insurance policy from a supplier different to his preferred supplier where such policy has a level of guarantee equivalent to the one the creditor has proposed.

Article 13

General
  information

1.   Member States shall ensure that
  clear and comprehensible
  general information about credit agreements is made available by creditors or, where applicable,
  by tied
  credit intermediaries
  or their appointed representatives
  at all times
  on paper or on another
  durable medium or in electronic form.
  In addition, Member States may provide that general information is made available by non-tied credit intermediaries.

Such
  general information shall include at least the following:

| (a) | the
  identity and the geographical address of the
  issuer of the information
  ; |
| --- | --- |

(a)

the
  identity and the geographical address of the
  issuer of the information
  ;

| (b) | the purposes for which the credit may be used; |
| --- | --- |

(b)

the purposes for which the credit may be used;

| (c) | the
  forms
  of security, including, where applicable, the possibility for it to be located in a different Member State; |
| --- | --- |

(c)

the
  forms
  of security, including, where applicable, the possibility for it to be located in a different Member State;

| (d) | the
  possible
  duration of the credit agreements; |
| --- | --- |

(d)

the
  possible
  duration of the credit agreements;

| (e) | ▌ types of ▌available
  borrowing rate, indicating whether fixed or variable or both
  , with a short description of the characteristics of
  a
  fixed and variable rate ▌, including related implications for the consumer; |
| --- | --- |

(e)

▌ types of ▌available
  borrowing rate, indicating whether fixed or variable or both
  , with a short description of the characteristics of
  a
  fixed and variable rate ▌, including related implications for the consumer;

| (f) | where foreign currency loans are available, an indication of the foreign currency or currencies
  , including an explanation of the implications for the consumer where the credit is denominated in a foreign currency; |
| --- | --- |

(f)

where foreign currency loans are available, an indication of the foreign currency or currencies
  , including an explanation of the implications for the consumer where the credit is denominated in a foreign currency;

| (g) | a representative
  example of the total
  amount of credit, the total
  cost of the credit to
  the consumer, the total amount payable by
  the consumer and the APRC; |
| --- | --- |

(g)

a representative
  example of the total
  amount of credit, the total
  cost of the credit to
  the consumer, the total amount payable by
  the consumer and the APRC;

| (h) | an indication of possible further costs, not included in the total cost of the credit to the consumer, to be paid in connection with a credit agreement; |
| --- | --- |

(h)

an indication of possible further costs, not included in the total cost of the credit to the consumer, to be paid in connection with a credit agreement;

| (i) | the
  range of
  different options available for reimbursing the credit to the creditor, including the number, frequency and amount of the regular repayment instalments; |
| --- | --- |

(i)

the
  range of
  different options available for reimbursing the credit to the creditor, including the number, frequency and amount of the regular repayment instalments;

| (j) | where applicable, a clear and concise statement that compliance with the terms and conditions of the credit agreement does not guarantee repayment of the total amount of credit under the credit agreement; |
| --- | --- |

(j)

where applicable, a clear and concise statement that compliance with the terms and conditions of the credit agreement does not guarantee repayment of the total amount of credit under the credit agreement;

| (k) | ▌ a description of the conditions
  directly relating
  to early repayment; |
| --- | --- |

(k)

▌ a description of the conditions
  directly relating
  to early repayment;

| (l) | whether a valuation of the property is necessary and, where applicable,
  who is responsible for ensuring that the valuation is carried out, and whether any related costs arise for the consumer
  ; |
| --- | --- |

(l)

whether a valuation of the property is necessary and, where applicable,
  who is responsible for ensuring that the valuation is carried out, and whether any related costs arise for the consumer
  ;

| (m) | indication of ancillary services the consumer is obliged to acquire in order to obtain the credit or to obtain it on the terms and conditions marketed and, where applicable, a clarification that the ancillary services may be purchased from a provider that is not the creditor; and |
| --- | --- |

(m)

indication of ancillary services the consumer is obliged to acquire in order to obtain the credit or to obtain it on the terms and conditions marketed and, where applicable, a clarification that the ancillary services may be purchased from a provider that is not the creditor; and

| (n) | a general warning concerning possible consequences of non-compliance with the commitments linked to the credit agreement. |
| --- | --- |

(n)

a general warning concerning possible consequences of non-compliance with the commitments linked to the credit agreement.

2.
     
  Member States may oblige the creditors to include other types of warnings which are relevant in a Member State. They shall notify those requirements to the Commission without delay.

Article 14

Pre-contractual information

1.
     Member States shall ensure that the creditor and, where applicable, the credit intermediary
  or appointed representative,
  provides the consumer with the personalised information needed to compare the credits available on the market, assess their implications and make an informed decision on whether to conclude a credit agreement:

| (a) | without undue delay after the consumer has given the necessary information on his needs, financial situation and preferences in accordance with Article 20; and |
| --- | --- |

(a)

without undue delay after the consumer has given the necessary information on his needs, financial situation and preferences in accordance with Article 20; and

| (b) | in good time before the consumer is bound by any credit agreement or offer
  . |
| --- | --- |

(b)

in good time before the consumer is bound by any credit agreement or offer
  .

2.
     The personalised information referred to in paragraph 1, on paper or on another durable medium, shall be provided by means of the ESIS, as set out in Annex II.

3.
     Member States shall ensure that when an offer binding on the creditor is provided to the consumer, it shall be
  provided on paper or on another durable medium and
  accompanied by an ESIS
  where:

| (a) | no ESIS has been provided to the consumer previously; or |
| --- | --- |

(a)

no ESIS has been provided to the consumer previously; or

| (b) | the characteristics of the offer are different from the information contained in the ESIS previously provided. |
| --- | --- |

(b)

the characteristics of the offer are different from the information contained in the ESIS previously provided.

4.
     
  Member States may provide for the obligatory provision of the ESIS before the provision of an offer binding on the creditor. Where a Member State so provides, it shall require that the ESIS shall only be required to be provided again where point (b) of paragraph 3 is met.

5
  .   
  Member States which before ...

   (***)

  have implemented an information sheet that meets equivalent information requirements to those set out in Annex II may continue to use it for the purposes of this Article until ...

   (****).

6.
     
  Member States shall specify a time period of at least seven days during which the consumer will have
  sufficient time to compare ▌offers, assess their implications and
  make
  an informed decision ▌.

Member States shall specify that the time period referred to in the first subparagraph shall be either a reflection period before the conclusion of the credit agreement or a period for exercising a right of withdrawal after the conclusion of the credit agreement or a combination of the two.

Where a Member State specifies a reflection period before the conclusion of a credit agreement:

| (a) | the offer shall be binding on the creditor for the duration of the reflection period; and |
| --- | --- |

(a)

the offer shall be binding on the creditor for the duration of the reflection period; and

| (b) | the consumer may accept the offer at any time during the reflection period. |
| --- | --- |

(b)

the consumer may accept the offer at any time during the reflection period.

Member States may provide that consumers cannot accept the offer for a period not exceeding the first 10 days of the reflection period.

Where the borrowing rate or other costs applicable to the offer are determined on the basis of the selling of underlying bonds or other long-term funding instruments, Member States may provide that the borrowing rate or other costs may vary from that stated in the offer in accordance with the value of the underlying bond or other long-term funding instrument.

Where the consumer has a right of withdrawal in accordance with the second subparagraph of this paragraph, Article 6 of Directive 2002/65/EC shall not apply.

7.
     The creditor and, where applicable, the credit intermediary
  or appointed representative who has supplied the ESIS to the consumer
  shall be deemed to have fulfilled the requirements
  regarding
  information provision to the consumer prior to the conclusion of a distance contract as
  laid down
  in Article 3
  (1)
  of Directive 2002/65/EC
  and shall be deemed to satisfy the requirements of Article 5(1) of that Directive only
  where they have
  at least
  supplied the ESIS
  prior to the conclusion of the contract
  .

8.
     
  Member States shall not modify the ESIS model other than as provided for in Annex II.
  Any additional information which the creditor or, where applicable, the credit intermediary
  or appointed representative
  , may provide to the consumer
  or is required to provide to the consumer by national law
  shall be given in a separate document which may be annexed to the ESIS.

9.   
  The Commission shall be empowered to adopt delegated acts in accordance with Article 40 to amend the standard wording in Part A of Annex II or the instructions in Part B thereof to address the need for information or warnings concerning new products that were not marketed before ...

   (*****)

  . Such delegated acts shall however not change the structure or format of the ESIS
  .

10.   In the case of voice telephony communications, as referred to in Article 3(3) of Directive 2002/65/EC, the description of the main characteristics of the financial service to be provided pursuant to the second indent of
  point (b) of
  Article 3(3) of that Directive shall include at least the items referred to in sections
  2 to 5
  of Part A of Annex II to this Directive.

11.   Member States shall ensure that
  at least where no right of withdrawal exists
  the creditor or
  , where applicable,
  the credit intermediary
  or appointed representative
  provides the consumer with a copy of the draft credit agreement
  , at the time of the provision of an offer binding on the creditor. Where a right of withdrawal exists, Member States shall ensure that the creditor or, where applicable, the credit intermediary or appointed representative offers to provide the consumer with a copy of the draft credit agreement at the time of the provision of an offer binding on the creditor.

Article 15

Information requirements concerning credit intermediaries
  and appointed representatives

1.   
  Member States shall ensure that in good time before the carrying out
  of any of the credit intermediation activities set out in
  point 5 of
  Article
  4, the
  credit intermediary
  or appointed representative
  shall provide the consumer with at least the following information
  on paper or on another durable medium
  :

| (a) | the
  identity and the geographical address of the credit intermediary; |
| --- | --- |

(a)

the
  identity and the geographical address of the credit intermediary;

| (b) | the register in which he has been included
  , the registration number, where applicable,
  and the means for verifying
  such registration; |
| --- | --- |

(b)

the register in which he has been included
  , the registration number, where applicable,
  and the means for verifying
  such registration;

| (c) | whether the credit intermediary is tied to or works exclusively for one or more creditors. Where the credit intermediary is tied to or works exclusively for one or more creditors, it shall
  provide the names of the creditors for which
  it is acting. The credit intermediary may disclose that it is independent where it meets the conditions laid down in accordance with Article 22(4); |
| --- | --- |

(c)

whether the credit intermediary is tied to or works exclusively for one or more creditors. Where the credit intermediary is tied to or works exclusively for one or more creditors, it shall
  provide the names of the creditors for which
  it is acting. The credit intermediary may disclose that it is independent where it meets the conditions laid down in accordance with Article 22(4);

| (d) | whether the credit intermediary offers advisory services; |
| --- | --- |

(d)

whether the credit intermediary offers advisory services;

| (e) | the fee, where applicable, payable by the consumer to the credit intermediary for its services
  or where this is not possible, the method for calculating the fee; |
| --- | --- |

(e)

the fee, where applicable, payable by the consumer to the credit intermediary for its services
  or where this is not possible, the method for calculating the fee;

| (f) | the ▌procedures allowing consumers
  or
  other interested parties to register complaints
  internally
  about credit intermediaries and, where appropriate, the means by which recourse to ▌out-of-court complaint and redress procedures can be sought; |
| --- | --- |

(f)

the ▌procedures allowing consumers
  or
  other interested parties to register complaints
  internally
  about credit intermediaries and, where appropriate, the means by which recourse to ▌out-of-court complaint and redress procedures can be sought;

| (g) | where applicable
  , the existence
  and where known the amount
  of commissions
  or other inducements
  , payable by the creditor
  or third parties
  to the credit intermediary for
  their services in relation to the credit agreement. Where the amount is not known at the time of disclosure the credit intermediary shall inform the consumer that the actual amount will be disclosed at a later stage in the ESIS. |
| --- | --- |

(g)

where applicable
  , the existence
  and where known the amount
  of commissions
  or other inducements
  , payable by the creditor
  or third parties
  to the credit intermediary for
  their services in relation to the credit agreement. Where the amount is not known at the time of disclosure the credit intermediary shall inform the consumer that the actual amount will be disclosed at a later stage in the ESIS.

2.   Credit intermediaries who are not tied
  but who receive commission from one or more creditors
  shall, at the consumer’s request, provide information on the variation in levels of commission payable by the different creditors providing the credit agreements being offered to the consumer. The consumer shall be informed that he has the right to request such information.

3.
     
  Where the credit intermediary charges a fee to the consumer and additionally receives commission from the creditor or a third party, the credit intermediary shall explain to the consumer whether or not the commission will be offset against the fee, either in part or in full.

4.
     
  Member States shall ensure that the fee, if any, payable by the consumer to the credit intermediary for its services is communicated to the creditor by the credit intermediary, for the purpose of calculating of the APRC.

5.
     
  Member States shall require credit intermediaries to ensure that in addition to the disclosures required by this Article, their appointed representative discloses to the consumer the capacity in which he is acting and the credit intermediary he is representing when contacting or before dealing with any consumer.

▌

Article 16

Adequate explanations

1.
     Member States shall ensure that creditors and, where applicable, credit intermediaries
  or appointed representatives
  provide adequate explanations to the consumer on the proposed credit agreements and any ancillary services, in order to place the consumer in a position enabling him to assess whether the proposed credit agreements
  and ancillary services
  are adapted to his needs and financial situation. ▌

The
  explanations shall
  , where applicable, include in particular:

| (a) | the pre-contractual information to be provided in accordance with:








  (i) | Article 14 in the case of creditors; |
| --- | --- | --- |

(a)

the pre-contractual information to be provided in accordance with:

(i)

Article 14 in the case of creditors;

| (ii) | Articles 14 and 15 in the case of credit intermediaries or appointed representatives; |
| --- | --- |

(ii)

Articles 14 and 15 in the case of credit intermediaries or appointed representatives;

| (b) | the essential characteristics of the products proposed; |
| --- | --- |

(b)

the essential characteristics of the products proposed;

| (c) | the specific effects the products proposed may have on
  the consumer, including ▌the
  consequences
  of default in payment by the consumer
  ; and |
| --- | --- |

(c)

the specific effects the products proposed may have on
  the consumer, including ▌the
  consequences
  of default in payment by the consumer
  ; and

| (d) | where ancillary services are bundled with a credit agreement, whether each component of the bundle can be terminated separately and the implications for the consumer of doing so
  . |
| --- | --- |

(d)

where ancillary services are bundled with a credit agreement, whether each component of the bundle can be terminated separately and the implications for the consumer of doing so
  .

2.
     
  Member States may adapt the manner by which and the extent to which the explanations referred to in paragraph 1 is given, as well as by whom it is given, to the circumstances of the situation in which the credit agreement is offered, the person to whom it is offered and the nature of the credit offered.

Chapter 5

Annual percentage rate of charge

Article 17

Calculation of the APRC

1.   The APRC ▌ shall be calculated in accordance with the mathematical formula set out in Annex I.

2.   
  The costs of opening and maintaining a specific account,
  of using a means of payment for both ▌transactions and drawdowns on that account ▌ and
  of
  other costs relating to payment transactions shall be included in the total cost of credit to the consumer
  whenever the opening or maintaining of an account is obligatory in order to obtain the credit or to obtain it on the terms and conditions marketed
  .

3.   The calculation of the APRC shall be based on the assumption that the credit agreement is to remain valid for the period agreed and that the creditor and the consumer will fulfil their obligations under the terms and by the dates specified in the credit agreement.

4.   In the case of credit agreements containing clauses allowing variations in the borrowing rate and, where applicable, in the charges contained in the APRC but unquantifiable at the time of calculation, the APRC shall be calculated on the assumption that the borrowing rate and other charges will
  remain fixed in relation to
  the level set at the
  conclusion
  of the contract.

▌

5.
     
  For credit agreements for which a fixed borrowing rate is agreed in relation to the initial period of at least five years, at the end of which a negotiation on the borrowing rate takes place to agree on a new fixed rate for a further material period, the calculation of the additional, illustrative APRC disclosed in the ESIS shall cover only the initial fixed rate period and shall be based on the assumption that, at the end of the fixed borrowing rate period, the capital outstanding is repaid.

6.
     
  Where the credit agreement allows for variations in the borrowing rate, Member States shall ensure that the consumer is informed of the possible impacts of variations on the amounts payable and on the APRC at least by means of the ESIS. This shall be done by providing the consumer with an additional APRC which illustrates the possible risks linked to a significant increase in the borrowing rate. Where the borrowing rate is not capped, this information shall be accompanied by a warning highlighting that the total cost of the credit to the consumer, shown by the APRC, may change. This provision shall not apply to credit agreements where the borrowing rate is fixed for an initial period of at least five years, at the end of which a negotiation on the borrowing rate takes place in order to agree on a new fixed rate for a further material period, for which an additional, illustrative APRC is provided for in the ESIS.

7.
     
  Where applicable, the additional assumptions set out in Annex I shall be used in calculating the APRC.

8.
     The Commission shall
  be empowered to adopt
  delegated acts
  in accordance with Article 40 in order to
  amend ▌ the
  remarks
  or
  update the
  assumptions
  used to calculate the APRC as set out
  in Annex I, in particular if the
  remarks or
  assumptions set out in this Article and in Annex I do not suffice to calculate the APRC in a uniform manner or are no
  longer
  adapted ▌to the commercial situation
  on
  the market.

▌

Chapter 6

Creditworthiness assessment

Article 18

Obligation to assess the creditworthiness of the consumer

1.   Member States shall ensure that, before
  concluding a
  credit agreement,
  the creditor makes
  a thorough assessment of the consumer
  's creditworthiness. That assessment shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his obligations under the credit agreement.

2.
     Member States shall ensure that
  the procedures and information on which the assessment is based are established, documented and
  maintained.

3.
     
  The assessment of creditworthiness shall not rely predominantly on the value of the residential immovable property exceeding the amount of the credit or the assumption that the residential immovable property will increase in value unless the purpose of the credit agreement is to construct or renovate the residential immovable property.

4.
     
  Member States shall ensure that where a creditor concludes a credit agreement with a consumer the creditor shall not subsequently cancel or alter the credit agreement to the detriment of the consumer on the grounds that the assessment of creditworthiness was incorrectly conducted. This paragraph shall not apply where it is demonstrated that the consumer knowingly withheld or falsified the information within the meaning of Article 20.

5.   Member States shall ensure
  that
  :

▌

| (a) | the creditor only makes the credit available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement are likely to be met in the manner required under that agreement; |
| --- | --- |

(a)

the creditor only makes the credit available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement are likely to be met in the manner required under that agreement;

| (b) | in accordance with Article 10 of Directive 95/46/EC, the creditor informs the consumer in advance that a database is to be consulted; |
| --- | --- |

(b)

in accordance with Article 10 of Directive 95/46/EC, the creditor informs the consumer in advance that a database is to be consulted;

| (c) | where the credit application is rejected ▌the creditor informs the consumer
  without delay of the rejection and, where applicable, that the decision is based on automated processing of data. Where the rejection is based on the result of the database consultation, the creditor shall inform the consumer of the result of such consultation and of the particulars of the database consulted. |
| --- | --- |

(c)

where the credit application is rejected ▌the creditor informs the consumer
  without delay of the rejection and, where applicable, that the decision is based on automated processing of data. Where the rejection is based on the result of the database consultation, the creditor shall inform the consumer of the result of such consultation and of the particulars of the database consulted.

▌

6.   Member States shall ensure that ▌ the consumer’s creditworthiness
  is
  re-assessed
  on the basis of updated information
  before any significant increase in the total amount of credit is granted
  after the conclusion of the credit agreement unless such additional credit was envisaged and included in the original creditworthiness assessment.

7.
     
  This Article shall be without prejudice to Directive 95/46/EC.

Article 19

Property valuation

1.
     
  Member States shall ensure that reliable standards for the valuation of residential immovable property for mortgage lending purposes are developed within their territory. Member States shall require creditors to ensure that those standards are used where they carry out a property valuation or to take reasonable steps to ensure that those standards are applied where a valuation is conducted by a third party. Where national authorities are responsible for regulating independent appraisers who carry out property valuations they shall ensure that they comply with the national rules that are in place.

2.
     
  Member States shall ensure that internal and external appraisers conducting property valuations are professionally competent and sufficiently independent from the credit underwriting process so that they can provide an impartial and objective valuation, which shall be documented in a durable medium and of which a record shall be kept by the creditor.

Article 20

Disclosure
  and verification of
  consumer
  information

1.
     
  The assessment of creditworthiness referred to in Article 18 shall be carried out on the basis of information on the consumer's income and expenses and other financial and economic circumstances which is necessary, sufficient and proportionate. The information shall be obtained by the creditor from relevant internal or external sources, including the consumer, and including information provided to the credit intermediary or appointed representative during the credit application process. The information shall be appropriately verified, including through reference to independently verifiable documentation when necessary.

2.
     
  Member States shall ensure that credit intermediaries or appointed representatives accurately submit the necessary information obtained from the consumer to the relevant creditor to enable the creditworthiness assessment to be carried out.

3.   
  Member States shall ensure that creditors specify in a clear and straightforward way
  at the pre-contractual phase ▌ the
  necessary
  information
  and
  independently verifiable evidence ▌that the consumer needs to provide
  and the timeframe within which the consumer needs to provide the information. Such request for information shall be proportionate and limited to what is necessary to conduct a proper creditworthiness assessment. Member States shall allow creditors to seek clarification of the information received in response to that request where necessary to enable the assessment of creditworthiness.

Member States shall not allow a creditor to terminate the credit agreement on the grounds that the information provided by the consumer before the conclusion of the credit agreement was incomplete.

The second subparagraph shall not prevent Member States from allowing the termination of the credit agreement by the creditor where it is demonstrated that the consumer knowingly withheld or falsified the information.

4.
     
  Member States shall have measures in place to ensure that consumers are aware of the need to provide correct information in response to the request referred to in the first subparagraph of paragraph 3 and that such information is as complete as necessary to conduct a proper creditworthiness assessment. The creditor, credit intermediary or appointed representative shall warn the consumer that, where the creditor is unable to carry out an assessment of creditworthiness because
  the consumer chooses not to provide the information
  or verification
  necessary for an assessment of
  creditworthiness, the credit cannot
  be granted. That warning may be provided in a standardised format.

5.   This Article shall be without prejudice to Directive 95/46/EC, in particular Article 6 thereof.

Chapter 7

Database access

Article 21

Database access

1.   Each Member State shall ensure ▌access for all creditors
  from all Member States
  to databases used in that Member State for assessing the creditworthiness of consumers and for
  the sole purpose of
  monitoring consumers' compliance with the credit obligations over the life of the credit agreement.
  The conditions for such access shall be non-discriminatory.

2.
     
  Paragraph 1 shall apply both to databases which are
  operated by private credit bureaux or credit reference agencies and
  to
  public registers.

▌

3.   This Article shall be without prejudice to Directive 95/46/EC.

Chapter 8

Advisory services

Article 22

Standards for advisory services

1.   Member States shall ensure that the creditor, credit intermediary
  or appointed representative explicitly
  informs the consumer, in the context of a given transaction, whether
  advisory services are being or can be provided to the consumer.

2.
     
  Member States shall ensure that before the provision of advisory services or, where applicable, the conclusion of a contract for the provision of advisory services, the creditor, credit intermediary or appointed representative provides the consumer with the following information on paper or another durable medium:

| (a) | whether the recommendation will be based on considering only their own product range in accordance with point (b) of paragraph 3 or a wide range of products from across the market in accordance with point (c) of paragraph 3 so that the consumer can understand the basis on which the recommendation is made; |
| --- | --- |

(a)

whether the recommendation will be based on considering only their own product range in accordance with point (b) of paragraph 3 or a wide range of products from across the market in accordance with point (c) of paragraph 3 so that the consumer can understand the basis on which the recommendation is made;

| (b) | where applicable, the fee payable by the consumer for the advisory services or, where the amount cannot be ascertained at the time of disclosure, the method used for its calculation. |
| --- | --- |

(b)

where applicable, the fee payable by the consumer for the advisory services or, where the amount cannot be ascertained at the time of disclosure, the method used for its calculation.

The information referred to in points (a) and (b) of the first subparagraph may be provided to the consumer in the form of
  additional pre-contractual information.

3.
     Where
  advisory services are
  provided to consumers
  , Member States shall ensure
  , in addition to the requirements set out in Articles 7 and
  9, that
  :

| (a) | creditors, credit intermediaries or appointed representatives obtain
  the necessary information regarding the consumer’s personal and financial situation, his preferences and objectives so as to enable the recommendation of suitable credit agreements. Such an assessment shall be based on information that is up to date at that moment in time and
  shall take into account
  reasonable assumptions as
  to risks
  to the consumer’s situation over the term of the proposed credit agreement ▌; |
| --- | --- |

(a)

creditors, credit intermediaries or appointed representatives obtain
  the necessary information regarding the consumer’s personal and financial situation, his preferences and objectives so as to enable the recommendation of suitable credit agreements. Such an assessment shall be based on information that is up to date at that moment in time and
  shall take into account
  reasonable assumptions as
  to risks
  to the consumer’s situation over the term of the proposed credit agreement ▌;

| (b) | creditors, tied credit intermediaries or appointed representatives of tied credit intermediaries consider a sufficiently large number of credit agreements in their product range and recommend a suitable credit agreements or several suitable credit agreements from among their product range for the consumer’s needs, financial situation and personal circumstances; |
| --- | --- |

(b)

creditors, tied credit intermediaries or appointed representatives of tied credit intermediaries consider a sufficiently large number of credit agreements in their product range and recommend a suitable credit agreements or several suitable credit agreements from among their product range for the consumer’s needs, financial situation and personal circumstances;

| (c) | non-tied credit intermediaries or appointed representatives of non-tied credit intermediaries consider a sufficiently large number of credit agreements available on the market and recommend a suitable credit agreement or several suitable credit agreements available on the market for the consumer’s needs, financial situation and personal circumstances; |
| --- | --- |

(c)

non-tied credit intermediaries or appointed representatives of non-tied credit intermediaries consider a sufficiently large number of credit agreements available on the market and recommend a suitable credit agreement or several suitable credit agreements available on the market for the consumer’s needs, financial situation and personal circumstances;

| (d) | creditors, credit intermediaries or appointed representatives act in the best interests of the consumer by:










  (i) | informing themselves about the consumer's needs and circumstances; and |
| --- | --- | --- |

(d)

creditors, credit intermediaries or appointed representatives act in the best interests of the consumer by:

(i)

informing themselves about the consumer's needs and circumstances; and

| (ii) | recommending suitable credit agreements in accordance with points (a), (b) and (c); and |
| --- | --- |

(ii)

recommending suitable credit agreements in accordance with points (a), (b) and (c); and

| (e) | creditors, credit intermediaries or appointed representatives give the consumer a record on paper or on another durable medium of the recommendation provided. |
| --- | --- |

(e)

creditors, credit intermediaries or appointed representatives give the consumer a record on paper or on another durable medium of the recommendation provided.

4.
     
  Member States may prohibit the use of the term ‘advice’ and ‘advisor’ or similar terms when the advisory services are being provided to consumers by creditors, tied credit intermediaries or appointed representatives of tied credit intermediaries.

Where Member States do not prohibit the use of the term ‘advice’ and ‘advisor’, they shall impose the following conditions on the use of the term ‘independent advice’ or ‘independent advisor’ by creditors, credit intermediaries or appointed representatives providing advisory services:

| (a) | creditors, credit intermediaries or appointed representatives shall consider a sufficiently large number of credit agreements available on the market; and |
| --- | --- |

(a)

creditors, credit intermediaries or appointed representatives shall consider a sufficiently large number of credit agreements available on the market; and

| (b) | creditors, credit intermediaries or appointed representatives shall not be remunerated for those advisory services by one or more creditors. |
| --- | --- |

(b)

creditors, credit intermediaries or appointed representatives shall not be remunerated for those advisory services by one or more creditors.

Point (b) of the second subparagraph shall apply only where the number of creditors considered is less than a majority of the market.

Member States may impose more stringent requirements in relation to the use of the terms ‘independent advice’ or ‘independent advisor’ by creditors, credit intermediaries or appointed representatives, including a ban on receiving remuneration from a creditor.

5.
     
  Member States may provide for an obligation for creditors, credit intermediaries and appointed representatives to warn a consumer when, considering the consumer's financial situation, a credit agreement may induce a specific risk for the consumer.

6.
     
  Member States shall ensure that advisory services are only provided by creditors, credit intermediaries or appointed representatives.

Member States may decide not to apply the first subparagraph to persons:

| (a) | carrying out the credit intermediation activities set out in point 5 of Article 4 or providing advisory services where those activities are carried out or services are provided in an incidental manner in the course of a professional activity and that activity is regulated by legal or regulatory provisions or a code of ethics governing the profession which do not exclude carrying out of those activities or the provision of those services; |
| --- | --- |

(a)

carrying out the credit intermediation activities set out in point 5 of Article 4 or providing advisory services where those activities are carried out or services are provided in an incidental manner in the course of a professional activity and that activity is regulated by legal or regulatory provisions or a code of ethics governing the profession which do not exclude carrying out of those activities or the provision of those services;

| (b) | providing advisory services in the context of managing existing debt which are insolvency practitioners where that activity is regulated by legal or regulatory provisions or public or voluntary debt advisory services which do not operate on a commercial basis; or |
| --- | --- |

(b)

providing advisory services in the context of managing existing debt which are insolvency practitioners where that activity is regulated by legal or regulatory provisions or public or voluntary debt advisory services which do not operate on a commercial basis; or

| (c) | providing advisory services who are not creditors, credit intermediaries or appointed representatives where such persons are admitted and supervised by competent authorities in accordance with the requirements for credit intermediaries under this Directive. |
| --- | --- |

(c)

providing advisory services who are not creditors, credit intermediaries or appointed representatives where such persons are admitted and supervised by competent authorities in accordance with the requirements for credit intermediaries under this Directive.

Persons benefiting from the waiver in the second subparagraph shall not benefit from the right referred to in Article 32(1) to provide services for the entire territory of the Union.

7.
     
  This Article shall be without prejudice to Article 16 and to Member States' competence to ensure that services are made available to consumers to help them understand their financial needs and which types of products are likely to meet those needs.

Chapter 9

Foreign currency loans and variable rate loans

Article 23

Foreign currency loans

1.
     
  Member States shall ensure that, where a credit agreement relates to a foreign currency loan, an appropriate regulatory framework is in place at the time the credit agreement is concluded to at least ensure that:

| (a) | the consumer has a right to convert the credit agreement into an alternative currency under specified conditions; or |
| --- | --- |

(a)

the consumer has a right to convert the credit agreement into an alternative currency under specified conditions; or

| (b) | there are other arrangements in place to limit the exchange rate risk to which the consumer is exposed under the credit agreement. |
| --- | --- |

(b)

there are other arrangements in place to limit the exchange rate risk to which the consumer is exposed under the credit agreement.

2.
     
  The alternative currency referred to in point (a) of paragraph 1 shall be either:

| (a) | the currency in which the consumer primarily receives income or holds assets from which the credit is to be repaid, as indicated at the time the most recent creditworthiness assessment in relation to the credit agreement was made; or |
| --- | --- |

(a)

the currency in which the consumer primarily receives income or holds assets from which the credit is to be repaid, as indicated at the time the most recent creditworthiness assessment in relation to the credit agreement was made; or

| (b) | the currency of the Member State in which the consumer either was resident at the time the credit agreement was concluded or is currently resident. |
| --- | --- |

(b)

the currency of the Member State in which the consumer either was resident at the time the credit agreement was concluded or is currently resident.

Member States may specify whether both of the choices referred to in points (a) and (b) of the first subparagraph are available to the consumer or only one of them or may allow creditors to specify whether both of the choices referred to in points (a) and (b) of the first subparagraph are available to the consumer or only one of them.

3.
     
  Where a consumer has a right to convert the credit agreement into an alternative currency in accordance with point (a) of paragraph 1, the Member States shall ensure that the exchange rate at which the conversion is carried out is the market exchange rate applicable on the day of application for conversion unless otherwise specified in the credit agreement.

4.
     
  Member States shall ensure that where a consumer has a foreign currency loan, the creditor warns the consumer on a regular basis on paper or on another durable medium at least where the value of the total amount payable by the consumer which remains outstanding or of the regular instalments varies by more than 20 % from what it would be if the exchange rate between the currency of the credit agreement and the currency of the Member State applicable at the time of the conclusion of the credit agreement were applied. The warning shall inform the consumer of a rise in the total amount payable by the consumer, set out where applicable the right to convert to an alternative currency and the conditions for doing so and explain any other applicable mechanism for limiting the exchange rate risk to which the consumer is exposed.

5.
     
  Member States may further regulate foreign currency loans provided that such regulation is not applied with retrospective effect.

6.
     
  The arrangements applicable under this Article shall be disclosed to the consumer in the ESIS and in the credit agreement. Where there is no provision in the credit agreement to limit the exchange rate risk to which the consumer is exposed to a fluctuation in the exchange rate of less than 20 %, the ESIS shall include an illustrative example of the impact of a 20 % fluctuation in the exchange rate.

Article 24

Variable rate credits

Where the credit agreement is a variable rate credit, Member States shall ensure that:

| (a) | any indexes or reference rates used to calculate the borrowing rate are clear, accessible, objective and verifiable by the parties to the credit agreement and the competent authorities; and |
| --- | --- |

(a)

any indexes or reference rates used to calculate the borrowing rate are clear, accessible, objective and verifiable by the parties to the credit agreement and the competent authorities; and

| (b) | historical records of indexes for calculating the borrowing rates are maintained either by the providers of these indexes or the creditors. |
| --- | --- |

(b)

historical records of indexes for calculating the borrowing rates are maintained either by the providers of these indexes or the creditors.

Chapter 10

Sound execution of credit agreements and related rights

Article 25

Early repayment

1.
     Member States shall ensure that the consumer has a ▌ right to discharge
  fully or partially
  his obligations under a credit agreement prior to the expiry of that agreement. In such cases,
  the consumer
  shall be entitled to a reduction in the total cost of the credit to the consumer, ▌ such ▌ reduction consisting of the interest and the costs for the remaining duration of the contract.

2.   Member States may provide that the exercise of the right referred to in paragraph 1
  is
  subject to certain conditions. Such conditions may include time limitations on the exercise of the right,
  a
  different treatment depending on the type of the borrowing rate
  or on the moment the consumer exercises the right
  , or restrictions with regard to the circumstances under which the right may be exercised.

3.
     Member States may ▌provide that the creditor
  is
  entitled to fair and
  objective
  compensation
  , where justified,
  for
  possible
  costs directly linked to
  the
  early repayment
  but shall not impose a sanction on the consumer. In that regard, the compensation shall not exceed the financial loss of the creditor. Subject to those conditions Member States may provide that the compensation may not exceed a certain level or be allowed only for a certain period of time.

4.
     
  Where a consumer seeks to discharge his obligations under a credit agreement prior to the expiry of the agreement, the creditor shall provide the consumer without delay after receipt of the request, on paper or on another durable medium, with the information necessary to consider that option. That information shall at least quantify the implications for the consumer of discharging his obligations prior to the expiry of the credit agreement and clearly set out any assumptions used. Any assumptions used shall be reasonable and justifiable.

5.
     
  Where
  the early repayment falls within a period for which the borrowing rate is fixed
  Member States may provide that the
  exercise of the right
  referred to in paragraph 1 is
  subject to the existence of a
  legitimate
  interest on the part of the consumer.

▌

Article 26

Flexible and reliable markets

1.
     
  Member States shall have appropriate mechanisms in place to ensure that the claim against the security is enforceable by or on behalf of creditors. Member States shall ensure that creditors keep appropriate records concerning the types of immovable property accepted as a security as well as the related mortgage underwriting policies used.

2.
     
  Member States shall take the necessary measures to ensure an appropriate statistical monitoring of the residential property market, including for market surveillance purposes, where appropriate by encouraging the development and use of specific price indexes which may be public or private or both.

Article 27

Information concerning changes in the borrowing rate

1.
     
  Member States shall ensure that the creditor informs the consumer of any change in the borrowing rate, on paper or another durable medium, before the change takes effect. The information shall at least state the amount of the payments to be made after the new borrowing rate takes effect and, in cases where the number or frequency of the payments changes, particulars thereof.

2.
     
  However, the Member States may allow the parties to agree in the credit agreement that the information referred to in paragraph 1 is to be given to the consumer periodically where the change in the borrowing rate is correlated with a change in a reference rate, the new reference rate is made publicly available by appropriate means and the information concerning the new reference rate is kept available in the premises of the creditor and communicated personally to the consumer together with the amount of new periodic instalments.

3.
     
  Creditors may continue to inform consumers periodically where the change in the borrowing rate is not correlated with a change in a reference rate where this was allowed under national law before ...

   (******).

4.
     
  Where changes in the borrowing rate are determined by way of auction on the capital markets and it is therefore impossible for the creditor to inform the consumer of any change before the change takes effect, the creditor shall, in good time before the auction, inform the consumer on paper or on another durable medium of the upcoming procedure and provide an indication of how the borrowing rate could be affected.

Article 28

Arrears and foreclosure

1.
     
  Member States shall adopt measures to encourage creditors to exercise reasonable forbearance before foreclosure proceedings are initiated.

2.
     
  Member States may require that, where the creditor is permitted to define and impose charges on the consumer arising from the default, those charges are no greater than is necessary to compensate the creditor for costs it has incurred as a result of the default.

3.
     
  Member States may allow creditors to impose additional charges on the consumer in the event of default. In that case Member States shall place a cap on those charges.

4.
     
  Member States shall not prevent the parties to a credit agreement from expressly agreeing that return or transfer to the creditor of the security or proceeds from the sale of the security is sufficient to repay the credit.

5.
     
  Where the price obtained for the immovable property affects the amount owed by the consumer Member States shall have procedures or measures to enable the best efforts price for the foreclosed immovable property to be obtained.

Where after foreclosure proceedings outstanding debt remains, Member States shall ensure that measures to facilitate repayment in order to protect consumers are put in place.

Chapter 11

Requirements for establishment and supervision of credit intermediaries and appointed representatives

Article 29

Admission
  of credit intermediaries

1.   Credit intermediaries shall be duly
  admitted
  to carry out all or part of the credit intermediation activities set out in point 5 of Article 4
  or to provide advisory services
  by a competent authority ▌in their home Member State
  . Where a Member State allows appointed representatives under Article 31, such an appointed representative shall not need to be admitted as a credit intermediary under this Article.

▌

2.
     Member States shall ensure that
  the admission of credit intermediaries is made subject to fulfilment of at least the following professional requirements in addition to the requirements provided for in Article 9:

| (a) | Credit intermediaries shall hold professional indemnity insurance covering the territories in which they offer services, or some other comparable guarantee against liability arising from professional negligence. However, for tied credit intermediaries, the home Member State may provide that such insurance or comparable guarantee can be provided by a creditor for which the credit intermediary is empowered to act.



  Powers are delegated to the Commission to adopt and, where necessary amend, regulatory technical standards to stipulate the minimum monetary amount of the professional indemnity insurance or comparable guarantee referred to in the first paragraph of this point. Those regulatory technical standards shall be adopted in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.


  EBA shall develop draft regulatory technical standards to stipulate the minimum monetary amount of the professional indemnity insurance or comparable guarantee referred to in the first paragraph of this point for submission to the Commission by ...

   (*******)

  . EBA shall review, and if necessary, develop draft regulatory technical standards to amend the minimum monetary amount of the professional indemnity insurance or comparable guarantee referred to in the first paragraph of this point for submission to the Commission for the first time by ...

   (********)

  and every two years thereafter. |
| --- | --- |

(a)

Credit intermediaries shall hold professional indemnity insurance covering the territories in which they offer services, or some other comparable guarantee against liability arising from professional negligence. However, for tied credit intermediaries, the home Member State may provide that such insurance or comparable guarantee can be provided by a creditor for which the credit intermediary is empowered to act.

| (b) | A natural person established as a credit intermediary, the members of the board of a credit intermediary established as a legal person and natural persons performing equivalent tasks within a credit intermediary which is a legal person but does not have a board shall be of good repute. As a minimum they shall have a clean police record or any other national equivalent in relation to serious criminal offences linked to crimes against property or other crimes related to financial activities and they shall not have previously been declared bankrupt, unless they have been rehabilitated in accordance with national law. |
| --- | --- |

(b)

A natural person established as a credit intermediary, the members of the board of a credit intermediary established as a legal person and natural persons performing equivalent tasks within a credit intermediary which is a legal person but does not have a board shall be of good repute. As a minimum they shall have a clean police record or any other national equivalent in relation to serious criminal offences linked to crimes against property or other crimes related to financial activities and they shall not have previously been declared bankrupt, unless they have been rehabilitated in accordance with national law.

| (c) | A natural person established as a credit intermediary, the members of the board of a credit intermediary established as a legal person and natural persons performing equivalent tasks within a credit intermediary which is a legal person but does not have a board shall possess the appropriate level of knowledge and competence in relation to credit agreements. The home Member State shall establish the appropriate level of knowledge and competence in accordance with the principles set out in Annex III. |
| --- | --- |

(c)

A natural person established as a credit intermediary, the members of the board of a credit intermediary established as a legal person and natural persons performing equivalent tasks within a credit intermediary which is a legal person but does not have a board shall possess the appropriate level of knowledge and competence in relation to credit agreements. The home Member State shall establish the appropriate level of knowledge and competence in accordance with the principles set out in Annex III.

3.
     
  Member States shall ensure that the criteria established in order for credit intermediaries’ or creditors’ staff to meet their professional requirements are made public.

4.
     Member States shall ensure that all
  admitted
  credit intermediaries, whether established as natural or legal persons, are
  entered into a register with a competent authority
  in their home Member State.
  Member States shall ensure that the register of credit intermediaries is kept up to date and is publicly available online.

The register of credit intermediaries shall contain at least the following information:

| (a) | the names of the persons within the management who are responsible for the intermediation business. Member States may require the registration of all natural persons who
  exercise
  a client-facing function in an undertaking that pursues the activity of credit intermediation; |
| --- | --- |

(a)

the names of the persons within the management who are responsible for the intermediation business. Member States may require the registration of all natural persons who
  exercise
  a client-facing function in an undertaking that pursues the activity of credit intermediation;

| (b) | the Member States
  in which
  the
  credit
  intermediary
  conducts
  business under the rules on the freedom of establishment or on the freedom to provide services and
  of which the credit intermediary
  has informed
  the competent authority of the
  home Member State
  in accordance with Article 32(3); |
| --- | --- |

(b)

the Member States
  in which
  the
  credit
  intermediary
  conducts
  business under the rules on the freedom of establishment or on the freedom to provide services and
  of which the credit intermediary
  has informed
  the competent authority of the
  home Member State
  in accordance with Article 32(3);

| (c) | whether the credit intermediary is tied or not. |
| --- | --- |

(c)

whether the credit intermediary is tied or not.

Member States that decide to avail themselves of the option referred to in Article 30 shall ensure that the register indicates the creditor on whose behalf the tied credit intermediary acts.

Member States that decide to avail themselves of the option referred to in Article 31 shall ensure that the register indicates the credit intermediary or in the case of an appointed representative of a tied credit intermediary, the creditor on whose behalf the appointed representatives acts.

5.
     
  Member States shall ensure that:

| (a) | any credit intermediary which is a legal person has its head office in the same Member State as its registered office if under its national law it has a registered office; |
| --- | --- |

(a)

any credit intermediary which is a legal person has its head office in the same Member State as its registered office if under its national law it has a registered office;

| (b) | any credit intermediary which is not a legal person or any credit intermediary which is a legal person but under its national law has no registered office has its head office in the Member State in which it actually carries on its main business. |
| --- | --- |

(b)

any credit intermediary which is not a legal person or any credit intermediary which is a legal person but under its national law has no registered office has its head office in the Member State in which it actually carries on its main business.

6.
     
  Each
  Member State shall establish a single information point to allow quick and easy public access to information from the national register, which shall be compiled electronically and kept constantly updated. These information points shall provide the identification details of the competent authorities of each Member State.

EBA shall publish on its website references or hyperlinks to that information point.

7.
     
  Home Member States shall ensure that all admitted credit intermediaries and appointed representatives comply with the requirements defined in paragraph 2 on a continuing basis. This paragraph shall be without prejudice to Articles 30 and 31.

8.
     
  Member States may decide not to apply this Article to persons carrying out the credit intermediation activities set out in point 5 of Article 4 where those activities are carried out in an incidental manner in the course of a professional activity and that activity is regulated by legal or regulatory provisions or a code of ethics governing the profession which do not exclude the carrying out of those activities.

9.
     
  This Article shall not apply to credit institutions authorised in accordance with Directive 2013/36/EU or to other financial institutions which under national law are subject to an equivalent authorisation and supervision regime.

Article 30

Credit intermediaries tied to only one creditor

1.
     
  Without prejudice to Article 31(1), Member States may allow tied credit intermediaries specified in point (a) of point 7 of Article 4 to be admitted by competent authorities through the creditor
  on whose behalf the
  tied
  credit intermediary is
  exclusively acting.

In such cases, the creditor shall remain fully and unconditionally responsible for any action or omission on the part of the tied credit intermediary that is acting on behalf of the creditor in areas regulated by this Directive. Member States shall require the creditor to ensure that those tied credit intermediaries comply with at least the professional requirements set out in Article 29(2).

2.
     
  Without prejudice to Article 34, creditors shall monitor the activities of tied credit intermediaries specified in point (a) of point 7 of Article 4 in order to ensure that they continue to comply with this Directive. In particular, the creditor shall be responsible for monitoring compliance with the knowledge and competence requirements of the tied credit intermediary and its staff.

Article 31

Appointed representatives

1.
     
  Member States may decide to allow a credit intermediary to appoint appointed representatives.

Where the appointed representative is appointed by a tied credit intermediary specified in point (a) of point 7 of Article 4, the creditor shall remain fully and unconditionally responsible for any action or omission on the part of the appointed representative that is acting on behalf of that tied credit intermediary in areas regulated by this Directive. In other cases the credit intermediary shall remain fully and unconditionally responsible for any action or omission on the part of the appointed representative acting on behalf of the credit intermediary in areas regulated by this Directive.

2.
     
  The credit intermediaries shall ensure that their appointed representatives comply at least with the professional requirements set out in Article 29(2). However, the home Member State may provide that the professional indemnity insurance or a comparable guarantee can be provided by a credit intermediary for which the appointed representative is empowered to act.

3.
     
  Without prejudice to Article 34, credit intermediaries shall monitor the activities of their appointed representatives in order to ensure full compliance with this Directive. In particular, the credit intermediaries shall be responsible for monitoring compliance with the knowledge and competence requirements of the appointed representatives and their staff.

4.
     
  Member States that decide to allow a credit intermediary to appoint appointed representatives shall establish a public register containing at least the information referred to in Article 29(4). Appointed representatives shall be registered in the public register in the Member State where they are established. The register shall be updated on a regular basis. It shall be publicly available for consultation online.

Article 32

Freedom of establishment ▌and ▌ freedom to provide ▌services
  by credit intermediaries

1.   The
  admission
  of
  a
  credit
  intermediary by the competent authority of its
  home Member State
  as laid down in Article 29(1)
  shall be effective for the entire territory of the Union without ▌further
  admission
  by the competent authorities of the host Member States
  being required for the carrying out of the activities and provision of services covered by the admission, provided that the activities a credit intermediary intends to carry out in the host Member States are covered by the admission. However, credit intermediaries shall not be allowed to provide their services in relation to credit agreements offered by non-credit institutions to consumers in a Member State where such non-credit institutions are not allowed to operate.

2.
     
  Appointed representatives appointed in Member States which avail themselves of the option under Article 31 are not allowed to carry out part or all of the credit intermediation activities set out in point 5 of Article 4 or to provide advisory services in Member States where such appointed representatives are not allowed to operate.

3.   Any
  admitted
  credit intermediary intending to carry
  out
  business for the first time in one or more Member States under the freedom to provide services or
  when establishing a branch
  shall inform the competent authorities of its home Member State.

Within a period of one month after being informed, those competent authorities shall notify the competent authorities of the host Member States concerned of the intention of the credit intermediary and shall at the same time inform the credit intermediary concerned of that notification.
  They shall notify the competent authorities of the host Member States concerned of the creditors to which the credit intermediary is tied and whether the creditors take full and unconditional responsibility for the credit intermediary’s activities. The host Member State shall use the information received from the home Member State to enter the necessary information into its register.

The credit intermediary may start business one month after the date on which he was informed by the competent authorities of the home Member State of the notification referred to in the second subparagraph.

4.   
  Before
  the
  branch of a credit intermediary commences its activities or within two months of receiving the notification referred to in the second subparagraph of paragraph 3, the competent authorities of the host Member State shall prepare for the supervision of the credit intermediary in accordance with Article 34 and, if necessary, indicate to the credit intermediary the conditions under which, in areas not harmonised in Union law, those activities are to be carried out in the host Member State.

Article 33

Withdrawal of admission
  of credit intermediaries

1.
     
  The competent authority of the home Member State may withdraw the admission granted to a credit intermediary in accordance with Article 29 where such a credit intermediary:

| (a) | expressly renounces the admission or has carried out neither credit intermediation activities set out in point 5 of Article 4 nor provided advisory services for the preceding six months, unless the Member State concerned has provided for admission to lapse in such cases; |
| --- | --- |

(a)

expressly renounces the admission or has carried out neither credit intermediation activities set out in point 5 of Article 4 nor provided advisory services for the preceding six months, unless the Member State concerned has provided for admission to lapse in such cases;

| (b) | has obtained the admission through false or misleading statements or any other irregular means; |
| --- | --- |

(b)

has obtained the admission through false or misleading statements or any other irregular means;

| (c) | no longer fulfils the requirements under which admission was granted; |
| --- | --- |

(c)

no longer fulfils the requirements under which admission was granted;

| (d) | falls within any of the cases where national law, in respect of matters outside the scope of this Directive, provides for withdrawal; |
| --- | --- |

(d)

falls within any of the cases where national law, in respect of matters outside the scope of this Directive, provides for withdrawal;

| (e) | has seriously or systematically infringed the provisions adopted pursuant to this Directive governing the operating conditions for credit intermediaries. |
| --- | --- |

(e)

has seriously or systematically infringed the provisions adopted pursuant to this Directive governing the operating conditions for credit intermediaries.

2.
     
  Where the admission of a credit intermediary
  is withdrawn by the
  competent authority of the
  home Member State
  , the latter
  shall notify the
  competent authorities of the
  host Member States of such withdrawal as soon as possible and at the latest within
  14 days
  , by any appropriate means.

3.
     
  Member States shall ensure that credit intermediaries whose admission has been withdrawn are deleted from the register without undue delay.

Article 34

Supervision of credit intermediaries and appointed representatives

1.
     
  Member States shall ensure that credit intermediaries are subject to supervision of their ongoing activities by the competent authorities of the home Member State.

Home Member States shall provide that tied credit intermediaries are to be subject to supervision directly or as part of the supervision of the creditor on behalf of which they act if the creditor is a credit institution authorised in accordance with Directive 2013/36/EU or another financial institution which under national law is subject to an equivalent authorisation and supervision regime. However, if the tied credit intermediary provides services in a Member State other than the home Member State, then the tied credit intermediary shall be subject to supervision directly.

Home Member States which allow credit intermediaries to appoint representatives in accordance with Article 31 shall ensure that such appointed representatives are subject to supervision either directly or as part of the supervision of the credit intermediary on behalf of which it acts.

2.
     
  The competent authorities of the Member States in which a credit intermediary has a branch shall be responsible for ensuring that the services provided by the credit intermediary within its territory comply with the obligations laid down in Article 7(1) and Articles 8, 9, 10, 11, 13, 14, 15, 16, 17, 20, 22 and 39 and in measures adopted pursuant thereto.

Where the competent authorities of a host Member State ascertain that a credit intermediary that has a branch within its territory is in breach of the measures adopted in that Member State pursuant to Article 7(1) and Articles 8, 9, 10, 11, 13, 14, 15, 16, 17, 20, 22 and 39, those authorities shall require the credit intermediary concerned to put an end to its irregular situation.

If the credit intermediary concerned fails to take the necessary steps, the competent authorities of the host Member State shall take all appropriate action to ensure that the credit intermediary concerned puts an end to its irregular situation. The nature of that action shall be communicated to the competent authorities of the home Member State.

If, despite the action taken by the host Member State, the credit intermediary persists in breaching the measures referred to in the first subparagraph in force in the host Member State, the host Member State may, after informing the competent authorities of the home Member State, take appropriate action to prevent or to penalise further irregularities and, in so far as necessary, to prevent the credit intermediary from initiating any further transactions within its territory. The Commission shall be informed of any such action without undue delay.

Where the competent authority of the home Member State disagrees with such action taken by the host Member State, it may refer the matter to EBA and request its assistance in accordance with Article 19 of Regulation (EU) No 1093/2010. In that case, EBA may act in accordance with the powers conferred on it by that Article.

3.
     
  The competent authorities of the Member States in which the branch is located shall have the right to examine branch arrangements and to request such changes as are strictly needed to fulfil its responsibilities under paragraph 2 and to enable the competent authorities of the home Member State to enforce the obligations under Article 7(2),(3) and (4) and measures adopted pursuant thereto with respect to the services provided by the branch.

4.
     
  Where the competent authority of the host Member State has clear and demonstrable grounds for concluding that a credit intermediary acting within its territory under the freedom to provide services is in breach of the obligations arising from the measures adopted pursuant to this Directive or that a credit intermediary that has a branch within its territory is in breach of the obligations arising from the measures adopted pursuant to this Directive, other than those specified in paragraph 2, it shall refer those findings to the competent authority of the home Member State which shall take the appropriate action.

Where the competent authority of the home Member State fails to take any action within one month from obtaining those findings or where, despite the action taken by the competent authority of the home Member State, a credit intermediary persists in acting in a manner that is clearly prejudicial to the interests of the host Member State consumers or orderly functioning of the markets, the competent authority of the host Member State:

| (a) | shall, after having informed the competent authority of the home Member State take all appropriate action needed to protect consumers and ensure the proper functioning of the markets, including by preventing the offending credit intermediary from initiating any further transactions within its territory. The Commission and EBA shall be informed of such action without undue delay; |
| --- | --- |

(a)

shall, after having informed the competent authority of the home Member State take all appropriate action needed to protect consumers and ensure the proper functioning of the markets, including by preventing the offending credit intermediary from initiating any further transactions within its territory. The Commission and EBA shall be informed of such action without undue delay;

| (b) | may refer the matter to EBA and request its assistance in accordance with Article 19 of Regulation (EU) No 1093/2010. In that case EBA may act in accordance with the powers conferred on it by that Article. |
| --- | --- |

(b)

may refer the matter to EBA and request its assistance in accordance with Article 19 of Regulation (EU) No 1093/2010. In that case EBA may act in accordance with the powers conferred on it by that Article.

5.
     
  Member States shall provide that, where a credit intermediary admitted in another Member State has established a branch within its territory, the competent authorities of the home Member State, in the exercise of their responsibilities and after having informed the competent authorities of the host Member State, may carry out on-site inspections in that branch.

6.
     
  The allocation of tasks between Member States specified in this Article shall be without prejudice to the Member States’ competences in relation to fields not covered by this Directive in conformity with their obligations under Union law.

Chapter 12

Admission and supervision of non-credit institutions

Article 35

Admission and supervision of non-credit institutions

Member States shall ensure that non-credit institutions are subject to adequate admission process including entering the non-credit institution in a register and supervision arrangements by a competent authority.

Chapter 13

Cooperation between competent authorities of different Member States

Article 36

Obligation to cooperate

1.
     Competent authorities of different Member States shall cooperate with each other whenever necessary for the purpose of carrying out their duties under this Directive, making use of their powers, whether set out in this Directive or in national law.

Competent authorities shall render assistance to competent authorities of the other Member States. In particular, they shall exchange information and cooperate in any investigation or supervisory activities.

In order to facilitate and accelerate cooperation, and more particularly the exchange of information, Member States shall designate one single competent authority as a contact point for the purposes of this Directive. Member States shall communicate to the Commission and to the other Member States the names of the authorities which are designated to receive requests for exchange of information or cooperation pursuant to this paragraph.

2.
     
  Member States shall take the necessary administrative and organisational measures to facilitate assistance provided for in paragraph 1.

3.
     
  Competent authorities of Member States having been designated as contact points for the purposes of this Directive in accordance with paragraph 1 shall without undue delay supply one another with the information required for the purposes of carrying out the duties of the competent authorities, designated in accordance with Article 5, set out in the measures adopted pursuant to this Directive.

Competent authorities exchanging information with other competent authorities under this Directive may indicate at the time of communication that such information must not be disclosed without their express agreement, in which case such information may be exchanged solely for the purposes for which those authorities gave their agreement.

The competent
  authority having been designated as the contact point may transmit the information received to the other competent authorities, however it shall not transmit the information to other bodies or natural or legal persons without the express agreement of the competent authorities which disclosed it and solely for the purposes for which those authorities gave their agreement, except in duly justified circumstances in which case it shall immediately inform the contact point that supplied the information.

4.
     
  A competent authority may refuse to act on a request for cooperation in carrying out an investigation or supervisory activity or to exchange information as provided for in paragraph 3 only where:

| (a) | such an investigation, on-the-spot verification, supervisory activity or exchange of information might adversely affect the sovereignty, security or public policy of the Member State addressed; |
| --- | --- |

(a)

such an investigation, on-the-spot verification, supervisory activity or exchange of information might adversely affect the sovereignty, security or public policy of the Member State addressed;

| (b) | judicial proceedings have already been initiated in respect of the same actions and the same persons before the authorities of the Member State addressed; |
| --- | --- |

(b)

judicial proceedings have already been initiated in respect of the same actions and the same persons before the authorities of the Member State addressed;

| (c) | final judgement has already been delivered in the Member State addressed in respect of the same persons and the same actions. |
| --- | --- |

(c)

final judgement has already been delivered in the Member State addressed in respect of the same persons and the same actions.

In the event of such a refusal, the competent authority shall notify the requesting competent authority accordingly, providing as detailed information as possible.

Article 37

Settlement of disagreements between competent authorities of different Member States

The competent authorities may refer the situation
  to EBA where a request for cooperation, in particular
  the
  exchange
  of
  information, has been rejected or has not been acted upon within a reasonable time, and request
  EBA’s
  assistance in accordance with Article 19 of Regulation (EU) No 1093/2010. In such cases, EBA may act in accordance with the powers conferred on it by that Article
  and any binding decision made by EBA in accordance with that Article shall be binding on the competent authorities concerned regardless of whether those competent authorities are members of EBA or not.

▌

Chapter 14

Final provisions

Article 38

Sanctions

1.   
  Member States shall lay down the rules on sanctions applicable to infringements of the national provisions adopted on the basis of this Directive
  and shall take all measures necessary to ensure that they are implemented.
  Those sanctions shall be effective, proportionate and dissuasive.

2.   Member States shall
  provide
  that the competent authority
  may disclose
  to the public any
  administrative
  sanction that will be imposed for infringement of the measures adopted in the transposition of this Directive, unless such disclosure would seriously jeopardise the financial markets or cause disproportionate damage to the parties involved.

Article 39

Dispute resolution
  mechanisms

1.   Member States shall ensure that appropriate and effective complaints and redress procedures are established for the out-of-court settlement of
  consumer disputes with creditors,
  credit intermediaries and
  appointed representatives in relation to credit agreements
  , using existing bodies where appropriate. Member States shall ▌ensure that
  such procedures are applicable to
  creditors and credit intermediaries
  and cover the activities of appointed representatives
  .

2.   Member States shall
  require
  the bodies responsible for the out-of-court settlement of consumer disputes
  to
  cooperate
  so that
  cross-border disputes
  concerning credit agreements can be resolved
  .

Article 40

Exercise of the delegation

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

2.   
  The power
  to adopt delegated acts referred to in Articles ▌14(9) and
  17(8)
  shall be conferred on the Commission for an indeterminate period of time
  from
  ... (*********).

3.   
  The delegation of power referred to in Articles 14(9) and 17(8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the powers specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

5.
     
  A delegated act adopted pursuant to Articles 14(9) and 17(8) shall enter into force only if no objection has been expressed either by the
  European Parliament
  or the Council
  within a period of
  three
  months ▌ of notification
  of that act to the European Parliament and to the Council or if,
  before the expiry of that period, the European Parliament and the Council have both informed the Commission
  that they will not object. That period shall be extended by three months at the initiative of
  the European Parliament or of the Council ▌.

Article 41

Imperative nature of this Directive

Member States shall ensure that:

| (a) | consumers may not waive the rights conferred on them by national law transposing this Directive; |
| --- | --- |

(a)

consumers may not waive the rights conferred on them by national law transposing this Directive;

| (b) | the measures they adopt in
  transposing
  this Directive cannot be circumvented
  in a way which could lead to consumers losing the protection granted by this Directive
  as a result of the way in which agreements are formulated, in particular by integrating credit agreements falling within the scope of this Directive into credit agreements the character or purpose of which would make it possible to avoid
  the
  application
  of those measures
  . |
| --- | --- |

(b)

the measures they adopt in
  transposing
  this Directive cannot be circumvented
  in a way which could lead to consumers losing the protection granted by this Directive
  as a result of the way in which agreements are formulated, in particular by integrating credit agreements falling within the scope of this Directive into credit agreements the character or purpose of which would make it possible to avoid
  the
  application
  of those measures
  .

▌

Article
  42

Transposition

1.   Member States shall adopt and publish, by ... (**********), the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those measures.

Where the documents accompanying notification of transposition measures provided by the Member States are not sufficient to assess fully the compliance of those measures with certain provisions of this Directive, the Commission may, upon EBA's request with a view to carrying out its tasks under Regulation (EU) No 1093/2010, or on its own initiative, require Member States to provide more detailed information regarding the transposition of this Directive and the implementation of those measures.

2.
     
  Member States
  shall apply measures referred to in paragraph 1 from ... (**********).

When Member States adopt those measures, 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.

3.   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
  43

Transitional provisions

1.
     
  This Directive shall not apply to credit agreements existing before ...

   (***********).

2.
     
  Credit intermediaries already carrying out credit intermediation activities set out in point 5 of Article 4 before ...

   (************)

  and which have not yet been admitted in accordance with the conditions set out in the national law of the home Member State transposing this Directive may continue to carry out those activities in compliance with national law until ...

   (*************)

  . Where a credit intermediary relies on this derogation it may perform the activities only within their home Member State unless it also satisfies the necessary legal requirements of the host Member States.

3.
     
  Creditors, credit intermediaries or appointed representatives performing activities regulated by this Directive before ...

   (**************)

  shall comply with the national law transposing Article 9 by ...

   (*************)

  .

Article 44

Review clause

1.
     The Commission shall undertake a review
  of this Directive by ...

   (***************). The review shall consider the effectiveness and appropriateness of the provisions on consumers and the internal market.

The review shall include the following:

| (a) | an assessment of
  the use and
  consumer
  understanding of and
  satisfaction with the ESIS; |
| --- | --- |

(a)

an assessment of
  the use and
  consumer
  understanding of and
  satisfaction with the ESIS;

| (b) | an analysis of
  other pre-contractual disclosures; |
| --- | --- |

(b)

an analysis of
  other pre-contractual disclosures;

| (c) | an analysis of cross-border business by credit intermediaries and creditors; |
| --- | --- |

(c)

an analysis of cross-border business by credit intermediaries and creditors;

| (d) | an analysis of the evolution of the market for non-credit institutions providing credit agreements relating to residential immovable property; |
| --- | --- |

(d)

an analysis of the evolution of the market for non-credit institutions providing credit agreements relating to residential immovable property;

| (e) | an assessment on the need for further measures, including a passport for non-credit institutions providing credit agreements relating to residential immovable property; |
| --- | --- |

(e)

an assessment on the need for further measures, including a passport for non-credit institutions providing credit agreements relating to residential immovable property;

| (f) | an examination of the
  need
  to introduce
  additional
  rights and obligations with regard to the post-contractual stage of credit agreements; |
| --- | --- |

(f)

an examination of the
  need
  to introduce
  additional
  rights and obligations with regard to the post-contractual stage of credit agreements;

| (g) | an assessment of
  whether the scope of this Directive remains appropriate, taking account of its impact on other, substitutable forms of credit; |
| --- | --- |

(g)

an assessment of
  whether the scope of this Directive remains appropriate, taking account of its impact on other, substitutable forms of credit;

| (h) | an assessment of whether additional measures are necessary to ensure the traceability of credit agreements secured against residential immovable property; |
| --- | --- |

(h)

an assessment of whether additional measures are necessary to ensure the traceability of credit agreements secured against residential immovable property;

| (i) | an assessment of the availability of data on trends in prices of residential immovable property and on the extent to which data are comparable; |
| --- | --- |

(i)

an assessment of the availability of data on trends in prices of residential immovable property and on the extent to which data are comparable;

| (j) | an assessment of whether it continues to be appropriate to apply Directive 2008/48/EC to unsecured credits the purpose of which is the renovation of a residential immovable property involving a total amount of credit above the maximum amount specified in point (c) of Article 2(2) of that Directive; |
| --- | --- |

(j)

an assessment of whether it continues to be appropriate to apply Directive 2008/48/EC to unsecured credits the purpose of which is the renovation of a residential immovable property involving a total amount of credit above the maximum amount specified in point (c) of Article 2(2) of that Directive;

| (k) | an assessment of whether the arrangements for the publication of sanctions under Article 38(2) provide sufficient transparency; |
| --- | --- |

(k)

an assessment of whether the arrangements for the publication of sanctions under Article 38(2) provide sufficient transparency;

| (l) | an assessment of the proportionality of warnings referred to in Article 11(6) and in Article 13(2) and the potential for further harmonisation of risk warnings. |
| --- | --- |

(l)

an assessment of the proportionality of warnings referred to in Article 11(6) and in Article 13(2) and the potential for further harmonisation of risk warnings.

Article 45

Further initiatives on responsible lending and borrowing

By ...

   (****************)

  , the Commission shall submit a comprehensive report assessing the wider challenges of private over-indebtedness directly linked to credit activity. It will also examine the need for the supervision of credit registers and the possibility for the development of more flexible and reliable markets. That report shall be accompanied, where appropriate, by legislative proposals.

Article 46

Amendment to Directive 2008/48/EC

In Article 2 of Directive 2008/48/EC, the following paragraph is inserted:

‘2a.
     
  Notwithstanding point (c) of paragraph 2, this Directive shall apply to unsecured credit agreements the purpose of which is the renovation of a residential immovable property involving a total amount of credit above EUR 75 000.’

Article 47

Article 47

Entry into force

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

Official Journal of the European Union

Article
  48

48

Addressees

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 240, 18.8.2011, p. 3.

1

(2)  OJ C 318, 29.10.2011, p. 133.

2

(3)  OJ L 133, 22.5.2008, p. 66.

3

(4)  OJ L 271, 9.10.2002, p. 16.

4

(5)  OJ L 176, 27.6.2013, p. 338.

5

(6)  OJ L 9, 15.1.2003, p. 3.

6

(7)  OJ L 145, 30.4.2004, p. 1.

7

(8)  OJ L 255, 30.9.2005, p. 22.

8

(9)  OJ L 149, 11.6.2005, p. 22.

9

(10)  OJ L 69, 10.3.2001, p. 25.

10

(11)  OJ L 95, 21.4.1993, p. 29.

11

(12)  

  OJ L 296, 15.11.2011, p. 35.

12

OJ L 296, 15.11.2011, p. 35.

(13)  OJ L 281, 23.11.1995, p. 31.

13

(14)  OJ L 176, 27.6.2013, p. 1.

14

(15)  OJ L 331, 15.12.2010, p. 12.

15

(16)  

  OJ C 369, 17.12.2011, p. 14.

16

OJ C 369, 17.12.2011, p. 14.

(17)  

  OJ C 377, 23.12.2011, p. 5.

17

OJ C 377, 23.12.2011, p. 5.

(18)  

  OJ L 8, 12.1.2001, p. 1.

18

OJ L 8, 12.1.2001, p. 1.

(19)  OJ L 182, 29.6.2013, p. 19.

19

(*)  
  Two years after the date of entry into force of this Directive.

*

Two years after the date of entry into force of this Directive.

(**)  
  The date of entry into force of this Directive.

**

The date of entry into force of this Directive.

(***)  
  The date of entry into force of this Directive.

***

The date of entry into force of this Directive.

(****)  
  Five years after entry into force of this Directive.

****

Five years after entry into force of this Directive.

(*****)  
  The date of entry into force of this Directive.

*****

The date of entry into force of this Directive.

(******)  
  The date of entry into force of this Directive.

******

The date of entry into force of this Directive.

(*******)  Six months after the entry into force of this Directive.

*******

(********)  Four years after the entry into force of this Directive.

********

(*********)  The date of entry into force of this Directive.

*********

(**********)  Two years after the entry into force of this Directive.

**********

(***********)  Two years after entry into force of this Directive.

***********

(************)  Two years after entry into force of this Directive.

************

(*************)  Three years after entry into force of this Directive.

*************

(**************)  The date of entry into force of this Directive.

**************

(***************)  Five years after entry into force of this Directive.

***************

(****************)  
  Five years after entry into force of this Directive.

****************

Five years after entry into force of this Directive.

ANNEX I

CALCULATION OF THE ANNUAL PERCENTAGE RATE OF CHARGE (APRC)

| I. | Basic equation expressing the equivalence of drawdowns on the one hand and repayments and charges on the other.
  The basic equation, which establishes the annual percentage rate of charge (APRC), equates, on an annual basis, the total present value of drawdowns on the one hand and the total present value of repayments and payments of charges on the other hand, i.e.:



  where:






  — | X is the APRC |
| --- | --- | --- |

I.

Basic equation expressing the equivalence of drawdowns on the one hand and repayments and charges on the other.

The basic equation, which establishes the annual percentage rate of charge (APRC), equates, on an annual basis, the total present value of drawdowns on the one hand and the total present value of repayments and payments of charges on the other hand, i.e.:

Image

where:

—

X is the APRC

| — | m is the number of the last drawdown |
| --- | --- |

—

m is the number of the last drawdown

| — | k is the number of a drawdown, thus 1 ≤ k ≤ m |
| --- | --- |

—

k is the number of a drawdown, thus 1 ≤ k ≤ m

| — | Ck is the amount of drawdown k |
| --- | --- |

—

Ck is the amount of drawdown k

| — | tk is the interval, expressed in years and fractions of a year, between the date of the first drawdown and the date of each subsequent drawdown, thus t1 = 0 |
| --- | --- |

—

tk is the interval, expressed in years and fractions of a year, between the date of the first drawdown and the date of each subsequent drawdown, thus t1 = 0

| — | m' is the number of the last repayment or payment of charges |
| --- | --- |

—

m' is the number of the last repayment or payment of charges

| — | l is the number of a repayment or payment of charges |
| --- | --- |

—

l is the number of a repayment or payment of charges

| — | Dl is the amount of a repayment or payment of charges |
| --- | --- |

—

Dl is the amount of a repayment or payment of charges

| — | sl is the interval, expressed in years and fractions of a year, between the date of the first drawdown and the date of each repayment or payment of charges. |
| --- | --- |

—

sl is the interval, expressed in years and fractions of a year, between the date of the first drawdown and the date of each repayment or payment of charges.

Remarks:

| (a) | The amounts paid by both parties at different times shall not necessarily be equal and shall not necessarily be paid at equal intervals. |
| --- | --- |

(a)

The amounts paid by both parties at different times shall not necessarily be equal and shall not necessarily be paid at equal intervals.

| (b) | The starting date shall be that of the first drawdown. |
| --- | --- |

(b)

The starting date shall be that of the first drawdown.

| (c) | Intervals between dates used in the calculations shall be expressed in years or in fractions of a year. A year is presumed to have 365 days (or 366 days for leap years), 52 weeks or 12 equal months. An equal month is presumed to have 30,41666 days (i.e. 365/12) regardless of whether or not it is a leap year.

  Where intervals between dates used in the calculations cannot be expressed as a whole number of weeks, months or years, the intervals shall be expressed as a whole number of one of those periods in combination with a number of days. Where using days:









  (i) | every day shall be counted, including weekends and holidays; |
| --- | --- | --- |

(c)

Intervals between dates used in the calculations shall be expressed in years or in fractions of a year. A year is presumed to have 365 days (or 366 days for leap years), 52 weeks or 12 equal months. An equal month is presumed to have 30,41666 days (i.e. 365/12) regardless of whether or not it is a leap year.

(i)

every day shall be counted, including weekends and holidays;

| (ii) | equal periods and then days shall be counted backwards to the date of the initial drawdown; |
| --- | --- |

(ii)

equal periods and then days shall be counted backwards to the date of the initial drawdown;

| (iii) | the length of the period of days shall be obtained excluding the first day and including the last day and shall be expressed in years by dividing this period by the number of days (365 or 366 days) of the complete year counted backwards from the last day to the same day of the previous year. |
| --- | --- |

(iii)

the length of the period of days shall be obtained excluding the first day and including the last day and shall be expressed in years by dividing this period by the number of days (365 or 366 days) of the complete year counted backwards from the last day to the same day of the previous year.

| (d) | The result of the calculation shall be expressed with an accuracy of at least one decimal place. If the figure at the following decimal place is greater than or equal to 5, the figure at
  the preceding
  decimal place shall be increased by one. |
| --- | --- |

(d)

The result of the calculation shall be expressed with an accuracy of at least one decimal place. If the figure at the following decimal place is greater than or equal to 5, the figure at
  the preceding
  decimal place shall be increased by one.

| (e) | The equation can be rewritten using a single sum and the concept of flows (Ak), which will be positive or negative, in other words either paid or received during periods 1 to
  n
  , expressed in years, i.e.:

  S being the present balance of flows. If the aim is to maintain the equivalence of flows, the value will be zero. |
| --- | --- |

(e)

The equation can be rewritten using a single sum and the concept of flows (Ak), which will be positive or negative, in other words either paid or received during periods 1 to
  n
  , expressed in years, i.e.:

S being the present balance of flows. If the aim is to maintain the equivalence of flows, the value will be zero.

| II. | Additional assumptions for the calculation of the APRC






  (a) | If a credit agreement gives the consumer freedom of drawdown, the total amount of credit shall be deemed to be drawn down immediately and in full. |
| --- | --- | --- |

II.

Additional assumptions for the calculation of the APRC

(a)

If a credit agreement gives the consumer freedom of drawdown, the total amount of credit shall be deemed to be drawn down immediately and in full.

| (b) | If a credit agreement provides different ways of drawdown with different charges or borrowing rates, the total amount of credit shall be deemed to be drawn down at the highest charge and borrowing rate applied to the most common drawdown mechanism for this type of credit agreement. |
| --- | --- |

(b)

If a credit agreement provides different ways of drawdown with different charges or borrowing rates, the total amount of credit shall be deemed to be drawn down at the highest charge and borrowing rate applied to the most common drawdown mechanism for this type of credit agreement.

| (c) | If a credit agreement gives the consumer freedom of drawdown in general but imposes,
  amongst
  the different ways of drawdown, a limitation with regard to the amount
  of credit
  and period of time, the amount of credit shall be deemed to be drawn down on the earliest date provided for in the
  credit
  agreement and in accordance with those drawdown limits. ▌ |
| --- | --- |

(c)

If a credit agreement gives the consumer freedom of drawdown in general but imposes,
  amongst
  the different ways of drawdown, a limitation with regard to the amount
  of credit
  and period of time, the amount of credit shall be deemed to be drawn down on the earliest date provided for in the
  credit
  agreement and in accordance with those drawdown limits. ▌

| (d) | If different borrowing rates and charges are offered for a limited period or amount, the highest borrowing rate and charges shall be deemed to be the borrowing rate and charges for the whole duration of the credit agreement. ▌ |
| --- | --- |

(d)

If different borrowing rates and charges are offered for a limited period or amount, the highest borrowing rate and charges shall be deemed to be the borrowing rate and charges for the whole duration of the credit agreement. ▌

| (e) | For credit agreements for which a fixed borrowing rate is agreed in relation to the initial period, at the end of which a new borrowing rate is determined and subsequently periodically adjusted according to an agreed indicator
  or internal reference rate
  the calculation of the APRC shall be based on the assumption that, at the end of the fixed borrowing rate period, the borrowing rate is the same as at the time of
  calculation of
  the APRC, based on the value of the agreed indicator
  or internal reference rate
  at that time
  , but is not less than the fixed borrowing rate. |
| --- | --- |

(e)

For credit agreements for which a fixed borrowing rate is agreed in relation to the initial period, at the end of which a new borrowing rate is determined and subsequently periodically adjusted according to an agreed indicator
  or internal reference rate
  the calculation of the APRC shall be based on the assumption that, at the end of the fixed borrowing rate period, the borrowing rate is the same as at the time of
  calculation of
  the APRC, based on the value of the agreed indicator
  or internal reference rate
  at that time
  , but is not less than the fixed borrowing rate.

| (f) | If the ceiling applicable to the credit has not yet been agreed, that ceiling is assumed to be EUR 170 000. In the case of credit agreements, other than contingent liabilities or guarantees, the purpose of which is not to acquire or retain a right in immovable property or land, overdrafts, deferred debit cards or credit cards this ceiling is assumed to be EUR 1 500. |
| --- | --- |

(f)

If the ceiling applicable to the credit has not yet been agreed, that ceiling is assumed to be EUR 170 000. In the case of credit agreements, other than contingent liabilities or guarantees, the purpose of which is not to acquire or retain a right in immovable property or land, overdrafts, deferred debit cards or credit cards this ceiling is assumed to be EUR 1 500.

| (g) | In the case of credit agreements other than overdrafts, bridging loans, shared equity credit agreements, contingent liabilities or guarantees and open-ended credit agreements as referred to in the assumptions set out in points (i), (j), (k), (l) and (m):










  (i) | if the date or amount of a repayment of capital to be made by the consumer cannot be ascertained, it shall be assumed that the repayment is made at the earliest date provided for in the credit agreement and is for the lowest amount for which the credit agreement provides; |
| --- | --- | --- |

(g)

In the case of credit agreements other than overdrafts, bridging loans, shared equity credit agreements, contingent liabilities or guarantees and open-ended credit agreements as referred to in the assumptions set out in points (i), (j), (k), (l) and (m):

(i)

if the date or amount of a repayment of capital to be made by the consumer cannot be ascertained, it shall be assumed that the repayment is made at the earliest date provided for in the credit agreement and is for the lowest amount for which the credit agreement provides;

| (ii) | if the interval between the date of initial drawdown and the date of the first payment to be made by the consumer cannot be ascertained, it shall be assumed to be the shortest interval. |
| --- | --- |

(ii)

if the interval between the date of initial drawdown and the date of the first payment to be made by the consumer cannot be ascertained, it shall be assumed to be the shortest interval.

| (h) | Where the date or amount of a payment to be made by the consumer cannot be ascertained on the basis of the credit agreement or the assumptions set out in points (g), (i), (j), (k), (l) and (m) it shall be assumed that the payment is made in accordance with the dates and conditions required by the creditor and, when these are unknown:










  (i) | interest charges are paid together with the repayments of the capital; |
| --- | --- | --- |

(h)

Where the date or amount of a payment to be made by the consumer cannot be ascertained on the basis of the credit agreement or the assumptions set out in points (g), (i), (j), (k), (l) and (m) it shall be assumed that the payment is made in accordance with the dates and conditions required by the creditor and, when these are unknown:

(i)

interest charges are paid together with the repayments of the capital;

| (ii) | non-interest charges expressed as a single sum are paid at the date of the conclusion of the credit agreement; |
| --- | --- |

(ii)

non-interest charges expressed as a single sum are paid at the date of the conclusion of the credit agreement;

| (iii) | non-interest charges expressed as several payments are paid at regular intervals, commencing with the date of the first repayment of capital, and if the amount of such payments is not known they shall be assumed to be equal amounts; |
| --- | --- |

(iii)

non-interest charges expressed as several payments are paid at regular intervals, commencing with the date of the first repayment of capital, and if the amount of such payments is not known they shall be assumed to be equal amounts;

| (iv) | the final payment clears the balance of capital, interest and other charges, if any. |
| --- | --- |

(iv)

the final payment clears the balance of capital, interest and other charges, if any.

| (i) | In the case of an overdraft facility, the total amount of credit shall be deemed to be drawn down in full and for the whole duration of the credit agreement. If the duration of the overdraft facility is not known, the APRC shall be calculated on the assumption that the duration of the credit is three months. |
| --- | --- |

(i)

In the case of an overdraft facility, the total amount of credit shall be deemed to be drawn down in full and for the whole duration of the credit agreement. If the duration of the overdraft facility is not known, the APRC shall be calculated on the assumption that the duration of the credit is three months.

| (j) | In the case of a bridging loan, the total amount of credit shall be deemed to be drawn down in full and for the whole duration of the credit agreement. If the duration of the credit agreement is not known the APRC shall be calculated on the assumption that the duration of the credit is 12 months. |
| --- | --- |

(j)

In the case of a bridging loan, the total amount of credit shall be deemed to be drawn down in full and for the whole duration of the credit agreement. If the duration of the credit agreement is not known the APRC shall be calculated on the assumption that the duration of the credit is 12 months.

| (k) | In the case of an open ended credit agreement, other than an overdraft facility and bridging loan, it shall be assumed that:










  (i) | for credit agreements, the purpose of which is to acquire or retain rights in immovable property the credit is provided for a period of 20 years starting from the date of the initial drawdown, and that the final payment made by the consumer clears the balance of capital, interest and other charges, if any; in the case of credit agreements the purpose of which is not to acquire or retain rights in immovable property or which are drawn down by deferred debit cards or credit cards, this period shall be of one year; |
| --- | --- | --- |

(k)

In the case of an open ended credit agreement, other than an overdraft facility and bridging loan, it shall be assumed that:

(i)

for credit agreements, the purpose of which is to acquire or retain rights in immovable property the credit is provided for a period of 20 years starting from the date of the initial drawdown, and that the final payment made by the consumer clears the balance of capital, interest and other charges, if any; in the case of credit agreements the purpose of which is not to acquire or retain rights in immovable property or which are drawn down by deferred debit cards or credit cards, this period shall be of one year;

| (ii) | the capital is repaid by the consumer in equal monthly payments, commencing one month after the date of the initial drawdown. However, in cases where the capital must be repaid only in full, in a single payment, within each payment period, successive drawdowns and repayments of the entire capital by the consumer shall be assumed to occur over the period of one year. Interest and other charges shall be applied in accordance with those drawdowns and repayments of capital and as provided for in the credit agreement.



  For the purposes of this point, an open-ended credit agreement is a credit agreement without fixed duration and includes credits which must be repaid in full within or after a period but, once repaid, become available to be drawn down again. |
| --- | --- |

(ii)

the capital is repaid by the consumer in equal monthly payments, commencing one month after the date of the initial drawdown. However, in cases where the capital must be repaid only in full, in a single payment, within each payment period, successive drawdowns and repayments of the entire capital by the consumer shall be assumed to occur over the period of one year. Interest and other charges shall be applied in accordance with those drawdowns and repayments of capital and as provided for in the credit agreement.

| (l) | In the case of contingent liabilities or guarantees:










  (i) | the total amount of credit shall be deemed to be drawn down in full as a single amount at the earlier of:










  (a) | the latest draw down date permitted under the credit agreement being the potential source of the contingent liability or guarantee; or |
| --- | --- | --- | --- |

(l)

In the case of contingent liabilities or guarantees:

(i)

the total amount of credit shall be deemed to be drawn down in full as a single amount at the earlier of:

(a)

the latest draw down date permitted under the credit agreement being the potential source of the contingent liability or guarantee; or

| (b) | in the case of a rolling credit agreement at the end of the initial period prior to the roll over of the agreement. |
| --- | --- |

(b)

in the case of a rolling credit agreement at the end of the initial period prior to the roll over of the agreement.

| (m) | In the case of shared equity credit agreements:










  (i) | the payments by consumers shall be deemed to occur at the latest date or dates permitted under the credit agreement; |
| --- | --- | --- |

(m)

In the case of shared equity credit agreements:

(i)

the payments by consumers shall be deemed to occur at the latest date or dates permitted under the credit agreement;

| (ii) | percentage increases in value of the immovable property which secures the shared equity credit agreement, and the rate of any inflation index referred to in the agreement, shall be assumed to be a percentage equal to the higher of the current central bank target inflation rate or the level of inflation in the Member State where the immovable property is located at the time of conclusion of the credit agreement or 0 % if those percentages are negative. |
| --- | --- |

(ii)

percentage increases in value of the immovable property which secures the shared equity credit agreement, and the rate of any inflation index referred to in the agreement, shall be assumed to be a percentage equal to the higher of the current central bank target inflation rate or the level of inflation in the Member State where the immovable property is located at the time of conclusion of the credit agreement or 0 % if those percentages are negative.

ANNEX II

European Standardised Information Sheet (ESIS)

PART A

The text in this model shall be reproduced as such in the ESIS. Indications between square brackets shall be replaced with the corresponding information. Instructions
  for the creditor or, where applicable, credit intermediary
  on how to complete the ESIS are provided in Part B.

Wherever
  the words
  ‘where applicable’
  are
  indicated, the creditor shall
  provide
  the information
  required if it
  is relevant to the credit agreement. Where the information is not relevant, the creditor shall delete the information in question or the entire section
  (for example, in cases where the section is not applicable). Where the entire section is deleted
  , the numbering of the ESIS sections shall be adjusted accordingly.

The
  information
  below ▌ shall be provided in a single document. The font used shall be clearly readable. Bold font, shading or larger font sizes shall be used for the information elements to be highlighted.
  All applicable risk warnings shall be highlighted.

ESIS Model

| (Introductory text) |
| --- |
| This document was produced for [name of consumer] on [current date].




  This document was produced on the basis of the information that you have provided so far and on the current financial market conditions.




  The information below remains valid until [validity date], (where applicable) apart from the interest rate and other costs. After that date, it may change in line with market conditions.




  (Where applicable) This document does not constitute an obligation for [name of creditor] to grant you a loan. |
| 1. | Lender |

(Introductory text)

This document was produced for [name of consumer] on [current date].

This document was produced on the basis of the information that you have provided so far and on the current financial market conditions.

The information below remains valid until [validity date], (where applicable) apart from the interest rate and other costs. After that date, it may change in line with market conditions.

(Where applicable) This document does not constitute an obligation for [name of creditor] to grant you a loan.

1.

[Name]

[Telephone number]

[Geographical address]

(Optional) [E-mail address]

(Optional) [Fax number]

(Optional) [Web address]

(Optional)[Contact person/point]

(Where applicable information as to whether advisory services are being provided:) [(We recommend, having assessed your needs and circumstances, that you take out this mortgage./We are not recommending a particular mortgage for you. However, based on your answers to some questions, we are giving you information about this mortgage so that you can make your own choice.)]

| 2. | (Where applicable) Credit intermediary |
| --- | --- |

2.

[Name]

[Telephone number]

[Geographical address]

(Optional) [E-mail address]

(Optional) [Fax number]

(Optional) [Web address]

(Optional)[Contact person/point]

(Where applicable [information as to whether advisory services are being provided]) [(We recommend, having assessed your needs and circumstances, that you take out this mortgage./We are not recommending a particular mortgage for you. However, based on your answers to some questions, we are giving you information about this mortgage so that you can make your own choice.)]

[Remuneration]

| 3. | Main features of the loan |
| --- | --- |

3.

Amount and currency of the loan to be granted: [value][currency]

(Where applicable) This loan is not in [national currency of the borrower].

(Where applicable) The value of your loan in [national currency of the borrower] could change.

(Where applicable) For example, if the value of [national currency of the borrower] fell by 20 % relative to [credit currency], the value of your loan would increase to [insert amount in national currency of the borrower]. However, it could be more than this if the value of [national currency of the borrower] falls by more than 20 %.

(Where applicable) The maximum value of your loan will be [insert amount in national currency of the borrower].(Where applicable) You will receive a warning if the credit amount reaches [insert amount in national currency of the borrower]. (Where applicable) You will have the opportunity to [insert right to renegotiate foreign currency loan or right to convert loan into [relevant currency] and conditions].

Duration of the loan: [duration]

[Type of loan]

[Type of applicable interest rate]

Total amount to be reimbursed:

This means that you will pay back [amount] for every [unit of the currency] borrowed.

(Where applicable) [This/Part of this] is an interest-only loan. You will still owe [insert amount of loan on an interest-only basis] at the end of the mortgage term.

(Where applicable) Value of the property assumed to prepare this information sheet: [insert amount]

(Where applicable) Maximum available loan amount relative to the value of the property [insert ratio] or Minimum value of the property required to borrow the illustrated amount [insert amount]

(Where applicable) [Security]

| 4. | Interest rate and other costs |
| --- | --- |

4.

The annual percentage rate of charge (APRC) is the total cost of the loan expressed as an annual percentage. The APRC is provided to help you to compare different offers.

The APRC applicable to your loan is [APRC].

It comprises:

Interest rate [value in percentage or, where applicable, indication of a reference rate and percentage value of creditor’s spread]

[Other components of the APRC]

Costs to be paid on a one-off basis

(Where applicable) You will need to pay a fee to register the mortgage. [Insert amount of fee where known or basis for calculation.]

Costs to be paid regularly

(Where applicable) This APRC is calculated using assumptions regarding the interest rate.

(Where applicable) Because [part of] your loan is a variable interest rate loan, the actual APRC could be different from this APRC if the interest rate for your loan changes. For example, if the interest rate rose to [scenario as described in Part B], the APRC could increase to [insert illustrative APRC corresponding to the scenario].

(Where applicable) Please note that this APRC is calculated on the basis that the interest rate remains at the level fixed for the initial period throughout the duration of the contract.

(Where applicable) The following costs are not known to the lender and are therefore not included in the APRC: [Costs]

(Where applicable)You will need to pay a fee to register the mortgage.

Please make sure that you are aware of all other taxes and costs associated with your loan.

| 5. | Frequency and number of payments |
| --- | --- |

5.

Repayment frequency: [frequency]

Number of payments: [number]

| 6. | Amount of each instalment |
| --- | --- |

6.

[Amount] [currency]

Your income may change. Please consider whether you will still be able to afford your [frequency] repayment instalments if your income falls.

(Where applicable) Because [this/part of this] is an interest-only loan you will need to make separate arrangements to repay the [insert amount of loan on an interest-only basis] you will owe at the end of the mortgage term. Remember to add any extra payments you will need to make to the instalment amount shown here.

(Where applicable) The interest rate on [part of] this loan can change. This means the amount of your instalments could increase or decrease. For example, if the interest rate rose to [scenario as described in Part B] your payments could increase to [insert instalment amount corresponding to the scenario].

(Where applicable) The value of the amount you have to pay in [national currency of the borrower] each [frequency of instalment] could change. (Where applicable) Your payments could increase to [insert maximum amount in national currency of the borrower] each [insert period]. (Where applicable) For example, if the value of [national currency of the borrower] fell by 20 % relative to [credit currency] you would have to pay an extra [insert amount in national currency of the borrower] each [insert period]. Your payments could increase by more than this.

(Where applicable) The exchange rate used for converting your repayment in [credit currency] to [national currency of the borrower] will be the rate published by [name of institution publishing exchange rate] on [date] or will be calculated on [date] using [insert name of benchmark or method of calculation].

(Where applicable) [Details on tied savings products, deferred-interest loans]

| 7. | (Where applicable) Illustrative repayment table |
| --- | --- |

7.

This table shows the amount to be paid every [frequency].

The instalments (column [relevant no.]) are the sum of interest to be paid (column [relevant no.]), where applicable, capital paid (column [relevant no.]) and, where applicable, other costs (column [relevant no.]). (Where applicable) The costs in the other costs column relate to [list of costs]. Outstanding capital (column [relevant no.]) is the amount of the loan that remains to be reimbursed after each instalment.

[Table]

| 8. | Additional obligations |
| --- | --- |

8.

The borrower must comply with the following obligations in order to benefit from the lending conditions described in this document.

[Obligations]

(Where applicable) Please note that the lending conditions described in this document (including the interest rate) may change if these obligations are not complied with.

(Where applicable) Please note the possible consequences of terminating at a later stage any of the ancillary services relating to the loan:

[Consequences]

| 9. | Early repayment |
| --- | --- |

9.

You have the possibility to repay this loan early, either fully or partially.

(Where applicable) [Conditions]

(Where applicable) Exit charge: [insert amount or, where not possible, the method of calculation]

(Where applicable) Should you decide to repay this loan early, please contact us to ascertain the exact level of the exit charge at that moment.

| 10. | Flexible features |
| --- | --- |

10.

(Where applicable) [Information on portability/subrogation] You have the possibility to transfer this loan to another [lender][or] [property]. [Insert conditions]

(Where applicable) You do not have the possibility to transfer this loan to another [lender] [or] [property].

(Where applicable) Additional features: [insert explanation of additional features listed in Part B and, optionally, any other features offered by the lender as part of the credit agreement not referred to in previous sections].

| 11. | Other rights of the borrower |
| --- | --- |

11.

(Where applicable) You have [length of reflection period] after [point in time when the reflection period begins] to reflect before committing yourself to taking out this loan. (Where applicable) Once you have received the credit contract from the lender, you may not accept it before the end of [length of reflection period].

(Where applicable) For a period of [length of withdrawal period] after [point in time when the withdrawal period begins] you may exercise your right to cancel the agreement. [Conditions] [Insert procedure]

(Where applicable) You may lose your right to cancel the agreement if, during that period, you buy or sell a property connected to this credit agreement.

(Where applicable) Should you decide to exercise your right of withdrawal [from the credit agreement], please verify whether you will remain bound by your other obligations relating to the loan [including the ancillary services relating to the loan] [, referred to in Section 8].

| 12. | Complaints |
| --- | --- |

12.

If you have a complaint please contact [insert internal contact point and source of information on procedure].

(Where applicable) Maximum time for handling the complaint [period of time]

(Where applicable) [If we do not resolve the complaint to your satisfaction internally,] you can also contact: [insert name of external body for out-of-court complaints and redress] (Where applicable) or you can contact FIN-NET for details of the equivalent body in your own country.

| 13. | Non-compliance with the commitments linked to the loan: consequences for the borrower |
| --- | --- |

13.

[Types of non-compliance]

[Financial and/or legal consequences]

Should you encounter difficulties in making your [frequency] payments, please contact us straight away to explore possible solutions.

(Where applicable) As a last resort, your home may be repossessed if you do not keep up with payments.

(Where applicable) 14. Additional information ▌

(Where applicable) [Indication of the law applicable to the credit contract].

(Where the lender intends to use a language different from the language of the ESIS) Information and contractual terms will be supplied in [language]. With your consent, we intend to communicate in [language/s] during the duration of the credit agreement.

[Insert statement on right to be provided with or offered, as applicable, a draft credit agreement]

| 15. | Supervisor |
| --- | --- |

15.

This lender is supervised by [Name(s), and web address(es) of supervisory authority/ies]

(Where applicable) This credit intermediary is supervised by [Name and web address of supervisory authority].

▌PART B

Instructions to complete the ESIS

In completing the ESIS,
  at least
  the following instructions shall be followed
  . Member States may however elaborate or further specify the instructions for completing the ESIS.

Section ‘Introductory text’

| (1) | The validity date shall be properly highlighted.
  For the purpose of this section, the ‘validity date’ means the length of time the information, e.g. the borrowing rate, contained in the ESIS will remain unchanged and will apply should the creditor decide to grant the credit within this period of time. Where the determination of the applicable borrowing rate and other costs depends on the results of the selling of underlying bonds, the eventual borrowing rate and other costs may be different from those stated. In those circumstances only, it shall be stipulated that the validity date does not apply to the borrowing rate and other costs by adding the words: ‘apart from the interest rate and other costs’
  . |
| --- | --- |

(1)

The validity date shall be properly highlighted.
  For the purpose of this section, the ‘validity date’ means the length of time the information, e.g. the borrowing rate, contained in the ESIS will remain unchanged and will apply should the creditor decide to grant the credit within this period of time. Where the determination of the applicable borrowing rate and other costs depends on the results of the selling of underlying bonds, the eventual borrowing rate and other costs may be different from those stated. In those circumstances only, it shall be stipulated that the validity date does not apply to the borrowing rate and other costs by adding the words: ‘apart from the interest rate and other costs’
  .

Section ‘1. Lender’

| (1) | Name, telephone number,
  and
  geographical address ▌of the creditor shall refer to the
  contact information that the consumer may use for future correspondence
  . |
| --- | --- |

(1)

Name, telephone number,
  and
  geographical address ▌of the creditor shall refer to the
  contact information that the consumer may use for future correspondence
  .

| (2) | Information on the
  e-mail address, fax number, web address and
  contact person/
  point
  is optional. |
| --- | --- |

(2)

Information on the
  e-mail address, fax number, web address and
  contact person/
  point
  is optional.

| (3) | In line with Article 3 of Directive 2002/65/EC, where the transaction is being offered at a distance, the creditor shall indicate, where applicable, the name and geographical address of its representative in the Member State of residence of the
  consumer
  . Indication of the telephone number, e-mail address and web address of the representative of the credit provider is optional. |
| --- | --- |

(3)

In line with Article 3 of Directive 2002/65/EC, where the transaction is being offered at a distance, the creditor shall indicate, where applicable, the name and geographical address of its representative in the Member State of residence of the
  consumer
  . Indication of the telephone number, e-mail address and web address of the representative of the credit provider is optional.

| (4) | Where Section 2 is not applicable, the creditor shall inform the consumer whether advisory services are being provided and on what basis using the wording in Part A. |
| --- | --- |

(4)

Where Section 2 is not applicable, the creditor shall inform the consumer whether advisory services are being provided and on what basis using the wording in Part A.

(Where applicable) Section ‘2. Credit intermediary


  ’

Where the product information is being provided to the consumer by a credit intermediary, that intermediary shall include the following information:

| (1) | Name, telephone number and geographical address of the credit intermediary shall refer to the contact information that the consumer may use for future correspondence. |
| --- | --- |

(1)

Name, telephone number and geographical address of the credit intermediary shall refer to the contact information that the consumer may use for future correspondence.

| (2) | Information on the e-mail address, fax number, web address and contact person/point is optional
  . |
| --- | --- |

(2)

Information on the e-mail address, fax number, web address and contact person/point is optional
  .

| (3) | The credit intermediary shall inform the consumer whether advisory services are being provided and on what basis using the wording in Part A. |
| --- | --- |

(3)

The credit intermediary shall inform the consumer whether advisory services are being provided and on what basis using the wording in Part A.

| (4) | An explanation of how the credit intermediary is being remunerated. Where it is receiving commission from a creditor, the amount and, where different from the name in Section 1, the name of the creditor shall be provided. |
| --- | --- |

(4)

An explanation of how the credit intermediary is being remunerated. Where it is receiving commission from a creditor, the amount and, where different from the name in Section 1, the name of the creditor shall be provided.

Section ‘3. Main features of the loan’

| (1) | This section shall clearly explain the main characteristics of the credit, including the value and currency and the potential risks associated with the borrowing rate, including the ones referred to in point (8), and amortisation structure. |
| --- | --- |

(1)

This section shall clearly explain the main characteristics of the credit, including the value and currency and the potential risks associated with the borrowing rate, including the ones referred to in point (8), and amortisation structure.

| (2) | Where the credit currency is different from the national currency of the consumer, the creditor shall indicate that the consumer will receive a regular warning at least when the exchange rate fluctuates by more than 20 %, where applicable the right to convert the currency of the credit agreement or to the possibility to renegotiate the conditions and any other arrangements available to the consumer to limit their exposure to exchange rate risk. Where there is a provision in the credit agreement to limit the exchange rate risk, the creditor shall indicate the maximum amount the consumer could have to pay back. Where there is no provision in the credit agreement to limit the exchange rate risk to which the consumer is exposed to a fluctuation in the exchange rate of less than 20 %, the creditor shall indicate an illustration of the effect of a 20 % fall in the value of consumer's national currency relative to the credit currency on the value of the credit. |
| --- | --- |

(2)

Where the credit currency is different from the national currency of the consumer, the creditor shall indicate that the consumer will receive a regular warning at least when the exchange rate fluctuates by more than 20 %, where applicable the right to convert the currency of the credit agreement or to the possibility to renegotiate the conditions and any other arrangements available to the consumer to limit their exposure to exchange rate risk. Where there is a provision in the credit agreement to limit the exchange rate risk, the creditor shall indicate the maximum amount the consumer could have to pay back. Where there is no provision in the credit agreement to limit the exchange rate risk to which the consumer is exposed to a fluctuation in the exchange rate of less than 20 %, the creditor shall indicate an illustration of the effect of a 20 % fall in the value of consumer's national currency relative to the credit currency on the value of the credit.

| (3) | The duration of the credit shall be
  expressed
  in years or months, whichever is the most relevant. Where the duration of the credit can vary during the
  lifetime
  of the contract, the creditor shall explain when and under which conditions this can occur.
  Where the credit is open-ended, for example, for a secured credit card, the creditor shall clearly state that fact
  . |
| --- | --- |

(3)

The duration of the credit shall be
  expressed
  in years or months, whichever is the most relevant. Where the duration of the credit can vary during the
  lifetime
  of the contract, the creditor shall explain when and under which conditions this can occur.
  Where the credit is open-ended, for example, for a secured credit card, the creditor shall clearly state that fact
  .

| (4) | The type of credit shall be clearly indicated (e.g. mortgage credit, home loan, secured credit card
  ). The description of the type of credit shall clearly indicate how the capital and the interest shall be reimbursed during the life of the credit (i.e.
  the amortisation structure), specifying clearly whether the credit agreement is on capital repayment or interest-only basis, or a mixture of the two
  . |
| --- | --- |

(4)

The type of credit shall be clearly indicated (e.g. mortgage credit, home loan, secured credit card
  ). The description of the type of credit shall clearly indicate how the capital and the interest shall be reimbursed during the life of the credit (i.e.
  the amortisation structure), specifying clearly whether the credit agreement is on capital repayment or interest-only basis, or a mixture of the two
  .

| (5) | Where all or part of the credit is an interest-only credit, a statement clearly indicating that fact shall be inserted prominently at the end of this section using the wording in Part A. |
| --- | --- |

(5)

Where all or part of the credit is an interest-only credit, a statement clearly indicating that fact shall be inserted prominently at the end of this section using the wording in Part A.

| (6) | This section shall explain whether the
  borrowing
  rate is fixed or variable and, where applicable, the periods during which it will remain fixed; the frequency of subsequent revisions and the existence of limits to the borrowing rate variability, such as caps or floors.
  The formula used to revise the
  borrowing rate and its different components (e.g. reference rate,
  interest rate
  spread)
  shall be explained. The creditor shall indicate
  , e.g. by means of a web address,
  where further information on the indices or rates used in the formula can be found
  , e.g. Euribor or central bank reference rate. |
| --- | --- |

(6)

This section shall explain whether the
  borrowing
  rate is fixed or variable and, where applicable, the periods during which it will remain fixed; the frequency of subsequent revisions and the existence of limits to the borrowing rate variability, such as caps or floors.

The formula used to revise the
  borrowing rate and its different components (e.g. reference rate,
  interest rate
  spread)
  shall be explained. The creditor shall indicate
  , e.g. by means of a web address,
  where further information on the indices or rates used in the formula can be found
  , e.g. Euribor or central bank reference rate.

| (7) | If different borrowing rates apply in different circumstances, the information shall be provided on all applicable rates. |
| --- | --- |

(7)

If different borrowing rates apply in different circumstances, the information shall be provided on all applicable rates.

| (
  8
  ) | The ‘total
  amount to be reimbursed’
  corresponds to the total amount payable by the consumer. It
  shall be
  shown
  as the sum of the credit amount and the total cost of the credit to the consumer.
  Where the borrowing rate is not fixed for the duration of the contract, it shall be highlighted that this amount is illustrative and may vary in particular in relation with the variation in the borrowing rate. |
| --- | --- |

(
  8
  )

The ‘total
  amount to be reimbursed’
  corresponds to the total amount payable by the consumer. It
  shall be
  shown
  as the sum of the credit amount and the total cost of the credit to the consumer.
  Where the borrowing rate is not fixed for the duration of the contract, it shall be highlighted that this amount is illustrative and may vary in particular in relation with the variation in the borrowing rate.

| (
  9) | Where the credit will be secured by a mortgage on the immovable property or another comparable security or by a right related to immovable property, the creditor shall draw the consumer’s attention to this. Where applicable the creditor shall indicate the assumed value of the immovable property or other security used for the purpose of preparing this information sheet. |
| --- | --- |

(
  9)

Where the credit will be secured by a mortgage on the immovable property or another comparable security or by a right related to immovable property, the creditor shall draw the consumer’s attention to this. Where applicable the creditor shall indicate the assumed value of the immovable property or other security used for the purpose of preparing this information sheet.

| (10) | The creditor shall indicate, where applicable, either:










  a) | ‘maximum
  available loan amount relative to the value of the property’
  , indicating
  the loan-to-value ratio. This ratio is to be accompanied by an example in absolute terms of the maximum amount that can be borrowed for a given property value
  ; or |
| --- | --- | --- |

(10)

The creditor shall indicate, where applicable, either:

a)

‘maximum
  available loan amount relative to the value of the property’
  , indicating
  the loan-to-value ratio. This ratio is to be accompanied by an example in absolute terms of the maximum amount that can be borrowed for a given property value
  ; or

| b) | the ‘minimum value of the property required by the creditor to lend the illustrated amount’. |
| --- | --- |

b)

the ‘minimum value of the property required by the creditor to lend the illustrated amount’.

| (11) | Where credits are multi-part credits (e.g. concurrently part fixed rate, part variable rate), this shall be reflected in the indication of the type of credit and the required information shall be given for each part of the credit. |
| --- | --- |

(11)

Where credits are multi-part credits (e.g. concurrently part fixed rate, part variable rate), this shall be reflected in the indication of the type of credit and the required information shall be given for each part of the credit.

Section ‘4. Interest rate’
  and other costs

| (1) | The reference to ‘interest rate’ corresponds to the borrowing rate or rates. |
| --- | --- |

(1)

The reference to ‘interest rate’ corresponds to the borrowing rate or rates.

| (2) | The borrowing rate shall be mentioned as a percentage value. Where the borrowing rate is variable and based on a reference rate the creditor may indicate the borrowing rate by stating a reference rate and a percentage value of creditor’s spread. The creditor shall however indicate the value of the reference rate valid on the day of issuing the ESIS.



  Where the borrowing rate is variable the information shall include: (a) the assumptions used to calculate the APRC; (b) where relevant, the applicable caps and floors and (c) a warning that the variability could affect the actual level of the APRC. In order to attract the consumer's attention the font size used for the warning shall be bigger and shall figure prominently in the main body of the ESIS. The warning shall be accompanied by an illustrative example on the APRC. Where there is a cap on the borrowing rate, the example shall assume that the borrowing rate rises at the earliest possible opportunity to the highest level foreseen in the credit agreement. Where there is no cap the example shall illustrate the APRC at the highest borrowing rate in at least the last 20 years, or where the underlying data for the calculation of the borrowing rate is available for a period of less than 20 years the longest period for which such data is available, based on the highest value of any external reference rate used in calculating the borrowing rate where applicable or the highest value of a benchmark rate specified by a competent authority or EBA where the creditor does not use an external reference rate. Such requirement shall not apply to credit agreements where the borrowing rate is fixed for a material initial period of several years and may then be fixed for a further period following negotiation between the creditor and the consumer. For credit agreements where the borrowing rate is fixed for a material initial period of several years and may then be fixed for a further period following negotiation between the creditor and the consumer, the information shall include a warning that the APRC is calculated on the basis of the borrowing rate for the initial period. The warning shall be accompanied by an additional, illustrative APRC calculated in accordance with Article 17(4). Where credits are multi-part credits (e.g. concurrently part fixed rate, part variable rate), the information shall be given for each part of the credit. |
| --- | --- |

(2)

The borrowing rate shall be mentioned as a percentage value. Where the borrowing rate is variable and based on a reference rate the creditor may indicate the borrowing rate by stating a reference rate and a percentage value of creditor’s spread. The creditor shall however indicate the value of the reference rate valid on the day of issuing the ESIS.

| (3) | In the section on ‘other components of the APRC’ all the other costs contained in the APRC shall be listed, including one-off costs such as administration fees, and regular costs, such as annual administration fees. The creditor shall list each of the costs by category (costs to be paid on a one-off basis, costs to be paid regularly and included in the instalments, costs to be paid regularly but not included in the instalments), indicating their amount, to whom they are to be paid and when. This does not have to include costs incurred for breaches of contractual obligations. Where the amount is not known, the creditor shall provide an indication of the amount if possible, or if not possible, how the amount will be calculated and specify that the amount provided is indicative only. Where certain costs are not included in the APRC because they are unknown to the creditor, this shall be highlighted.



  Where the consumer has informed the creditor of one or more components of his preferred credit, such as the duration of the credit agreement and the total amount of credit, the creditor shall, where possible, use those components; if a credit agreement provides different ways of drawdown with different charges or borrowing rates and the creditor uses the assumptions set out in Part II of Annex I, it shall indicate that other drawdown mechanisms for this type of credit agreement may result in a higher APRC. Where the conditions for drawdown are used for calculating the APRC, the creditor shall highlight the charges associated with other drawdown mechanisms that are not necessarily the ones used in calculating the APRC. |
| --- | --- |

(3)

In the section on ‘other components of the APRC’ all the other costs contained in the APRC shall be listed, including one-off costs such as administration fees, and regular costs, such as annual administration fees. The creditor shall list each of the costs by category (costs to be paid on a one-off basis, costs to be paid regularly and included in the instalments, costs to be paid regularly but not included in the instalments), indicating their amount, to whom they are to be paid and when. This does not have to include costs incurred for breaches of contractual obligations. Where the amount is not known, the creditor shall provide an indication of the amount if possible, or if not possible, how the amount will be calculated and specify that the amount provided is indicative only. Where certain costs are not included in the APRC because they are unknown to the creditor, this shall be highlighted.

| (4) | Where a fee is payable for registration of the mortgage or comparable security that shall be disclosed in this section with the amount, where known, or where this is not possible the basis for determining the amount. Where the fees are known and included in the APRC the existence and amount of the fee shall be listed under ‘Costs to be paid on a one-off basis’. Where the fees are not known to the creditor and therefore not included in the APRC the existence of the fee shall be clearly mentioned in the list of costs which are not known to the creditor. In either case the standardised wording in Part A shall be used under the appropriate heading. |
| --- | --- |

(4)

Where a fee is payable for registration of the mortgage or comparable security that shall be disclosed in this section with the amount, where known, or where this is not possible the basis for determining the amount. Where the fees are known and included in the APRC the existence and amount of the fee shall be listed under ‘Costs to be paid on a one-off basis’. Where the fees are not known to the creditor and therefore not included in the APRC the existence of the fee shall be clearly mentioned in the list of costs which are not known to the creditor. In either case the standardised wording in Part A shall be used under the appropriate heading.

Section ‘5. Frequency and number of payments’

| (1) | Where payments are to be
  made
  on a regular basis, the frequency of payments shall be indicated (e.g. monthly). Where the frequency of payments will be irregular, this shall be clearly explained to the consumer. |
| --- | --- |

(1)

Where payments are to be
  made
  on a regular basis, the frequency of payments shall be indicated (e.g. monthly). Where the frequency of payments will be irregular, this shall be clearly explained to the consumer.

| (2) | The number of payments indicated shall cover the whole duration of the credit. |
| --- | --- |

(2)

The number of payments indicated shall cover the whole duration of the credit.

Section ‘6. Amount of each instalment’

| (1) | The credit currency
  and currency of the instalments
  shall be clearly indicated. |
| --- | --- |

(1)

The credit currency
  and currency of the instalments
  shall be clearly indicated.

| (2) | Where the amount of the instalments may change during the life of the credit, the creditor shall specify the period during which that initial instalment amount will remain
  unchanged
  and when and how frequently afterwards it will change. |
| --- | --- |

(2)

Where the amount of the instalments may change during the life of the credit, the creditor shall specify the period during which that initial instalment amount will remain
  unchanged
  and when and how frequently afterwards it will change.

| (3) | Where
  all or part of the credit is an interest-only credit, a statement clearly indicating that fact, shall be inserted prominently at the end of this section using the wording in Part A.



  If there is a requirement for the consumer to take out a tied savings product as a condition for being granted an interest-only credit secured by a mortgage or another comparable security, the amount and frequency of any payments for this product shall be provided. |
| --- | --- |

(3)

Where
  all or part of the credit is an interest-only credit, a statement clearly indicating that fact, shall be inserted prominently at the end of this section using the wording in Part A.

| (4) | Where the borrowing rate is variable the information shall include a statement indicating that fact, using the wording in Part A and an illustration of a maximum instalment amount. Where there is a cap, the illustration shall show the amount of the instalments if the borrowing rate rises to the level of the cap. Where there is no cap, the worst case scenario shall illustrate the level of instalments at the highest borrowing rate in the last 20 years, or where the underlying data for the calculation of the borrowing rate is available for a period of less than 20 years the longest period for which such data is available, based on the highest value of any external reference rate used in calculating the borrowing rate where applicable, or the highest value of a benchmark rate specified by a competent authority or EBA where the creditor does not use an external reference rate. The requirement to provide an illustrative example shall not apply to credit agreements where the borrowing rate is fixed for a material initial period of several years and may then be fixed for a further period following negotiation between the creditor and the consumer. Where credits are multi-part credits (e.g. concurrently part fixed rate, part variable rate), the information shall be given for each part of the credit, and in total. |
| --- | --- |

(4)

Where the borrowing rate is variable the information shall include a statement indicating that fact, using the wording in Part A and an illustration of a maximum instalment amount. Where there is a cap, the illustration shall show the amount of the instalments if the borrowing rate rises to the level of the cap. Where there is no cap, the worst case scenario shall illustrate the level of instalments at the highest borrowing rate in the last 20 years, or where the underlying data for the calculation of the borrowing rate is available for a period of less than 20 years the longest period for which such data is available, based on the highest value of any external reference rate used in calculating the borrowing rate where applicable, or the highest value of a benchmark rate specified by a competent authority or EBA where the creditor does not use an external reference rate. The requirement to provide an illustrative example shall not apply to credit agreements where the borrowing rate is fixed for a material initial period of several years and may then be fixed for a further period following negotiation between the creditor and the consumer. Where credits are multi-part credits (e.g. concurrently part fixed rate, part variable rate), the information shall be given for each part of the credit, and in total.

| (5) | (Where applicable) Where the credit currency is different from the consumer's national currency or where the credit is indexed to a currency which is different from
  the consumer’s national currency, the creditor shall include a numerical example clearly showing how changes to the relevant exchange rate may affect the amount of the instalments
  using the wording in Part A. That example shall be based on a 20 % reduction in the value of the consumer’s national currency together with a prominent statement that the instalments could increase by more than the amount assumed in that example. Where there is a cap which limits that increase to less than 20 %, the maximum value of the payments in the consumer's currency shall be given instead and the statement on the possibility of further increases omitted. |
| --- | --- |

(5)

(Where applicable) Where the credit currency is different from the consumer's national currency or where the credit is indexed to a currency which is different from
  the consumer’s national currency, the creditor shall include a numerical example clearly showing how changes to the relevant exchange rate may affect the amount of the instalments
  using the wording in Part A. That example shall be based on a 20 % reduction in the value of the consumer’s national currency together with a prominent statement that the instalments could increase by more than the amount assumed in that example. Where there is a cap which limits that increase to less than 20 %, the maximum value of the payments in the consumer's currency shall be given instead and the statement on the possibility of further increases omitted.

| (6) | Where the credit is fully or partly a variable rate credit and point 3 applies, the illustration in point 5 shall be given on the basis of the instalment amount referred to in point 1. |
| --- | --- |

(6)

Where the credit is fully or partly a variable rate credit and point 3 applies, the illustration in point 5 shall be given on the basis of the instalment amount referred to in point 1.

| (
  7
  ) | Where the currency used for the payment of instalments is different from the credit currency
  or where the amount of each instalment expressed in the consumer’s national currency depends on the corresponding amount in a different currency, this section shall indicate the date at which the applicable exchange rate is calculated and either the exchange rate or the basis on which it will be calculated and the frequency of their adjustment. Where applicable such indication
  shall include the name of institution publishing the exchange
  rate. |
| --- | --- |

(
  7
  )

Where the currency used for the payment of instalments is different from the credit currency
  or where the amount of each instalment expressed in the consumer’s national currency depends on the corresponding amount in a different currency, this section shall indicate the date at which the applicable exchange rate is calculated and either the exchange rate or the basis on which it will be calculated and the frequency of their adjustment. Where applicable such indication
  shall include the name of institution publishing the exchange
  rate.

| (8) | Where the credit is a deferred-interest credit under which interest due is not fully repaid by the instalments and is added to the total amount of credit outstanding, there shall be an explanation of: how and when deferred interest is added to the credit as a cash amount; and what the implications are for the consumer in terms of their remaining debt
  . |
| --- | --- |

(8)

Where the credit is a deferred-interest credit under which interest due is not fully repaid by the instalments and is added to the total amount of credit outstanding, there shall be an explanation of: how and when deferred interest is added to the credit as a cash amount; and what the implications are for the consumer in terms of their remaining debt
  .

Section ‘7. Illustrative repayment table’

| (1) | This section shall be included where the credit is a deferred interest credit under which interest due is not fully repaid by the instalments and is added to the total amount of credit outstanding or where the borrowing rate is fixed for the duration of the credit agreement. Member States may provide that the illustrative amortisation table is compulsory in other cases.



  Where the consumer has the right to receive a revised amortisation table, this shall be indicated along with the conditions under which the consumer has that right. |
| --- | --- |

(1)

This section shall be included where the credit is a deferred interest credit under which interest due is not fully repaid by the instalments and is added to the total amount of credit outstanding or where the borrowing rate is fixed for the duration of the credit agreement. Member States may provide that the illustrative amortisation table is compulsory in other cases.

| (2) | Member States may require that where
  the borrowing
  rate
  may vary during the
  lifetime
  of the credit, the creditor shall indicate the period during which that initial borrowing rate will remain
  unchanged
  . |
| --- | --- |

(2)

Member States may require that where
  the borrowing
  rate
  may vary during the
  lifetime
  of the credit, the creditor shall indicate the period during which that initial borrowing rate will remain
  unchanged
  .

| (3) | The table to be included in this section shall contain the following columns: ‘repayment
  schedule’ (e.g. month 1, month 2, month 3)
  , ‘amount of the instalment’, ‘interest to be paid per instalment’, ‘other costs included in the instalment’ (where relevant), ‘capital repaid per instalment’ and ‘outstanding capital after each instalment’. |
| --- | --- |

(3)

The table to be included in this section shall contain the following columns: ‘repayment
  schedule’ (e.g. month 1, month 2, month 3)
  , ‘amount of the instalment’, ‘interest to be paid per instalment’, ‘other costs included in the instalment’ (where relevant), ‘capital repaid per instalment’ and ‘outstanding capital after each instalment’.

| (4) | For the first repayment year the information shall be given for each instalment and a subtotal shall be indicated for each of the columns at the end of that first year. For the following years, the detail can be provided on an annual basis. An overall total row shall be added at the end of the table and shall provide the total amounts for each column. The total
  cost of the credit
  paid by the consumer (i.e. the overall sum of the ‘amount of the instalment’ column) shall be clearly highlighted and presented as such. |
| --- | --- |

(4)

For the first repayment year the information shall be given for each instalment and a subtotal shall be indicated for each of the columns at the end of that first year. For the following years, the detail can be provided on an annual basis. An overall total row shall be added at the end of the table and shall provide the total amounts for each column. The total
  cost of the credit
  paid by the consumer (i.e. the overall sum of the ‘amount of the instalment’ column) shall be clearly highlighted and presented as such.

| (5) | Where the borrowing rate is subject to revision and the amount of the instalment after each revision is unknown, the creditor may indicate in the amortisation table the same instalment amount for the whole credit duration. In such a case, the creditor shall draw that fact to the attention of the consumer by visually differentiating the amounts which are known from the hypothetical ones (e.g. using a different font, borders or shading). In addition, a clearly legible text shall explain for which periods the amounts represented in the table may vary and why. |
| --- | --- |

(5)

Where the borrowing rate is subject to revision and the amount of the instalment after each revision is unknown, the creditor may indicate in the amortisation table the same instalment amount for the whole credit duration. In such a case, the creditor shall draw that fact to the attention of the consumer by visually differentiating the amounts which are known from the hypothetical ones (e.g. using a different font, borders or shading). In addition, a clearly legible text shall explain for which periods the amounts represented in the table may vary and why.

Section ‘8. Additional obligations’

| (1) | The creditor shall refer in this section to obligations such as the
  obligation
  to insure the immovable property, to purchase life insurance
  , to have a salary paid into an account with the creditor
  or to buy any other product or service. For each obligation, the creditor shall specify towards whom and by when the obligation needs to be fulfilled. |
| --- | --- |

(1)

The creditor shall refer in this section to obligations such as the
  obligation
  to insure the immovable property, to purchase life insurance
  , to have a salary paid into an account with the creditor
  or to buy any other product or service. For each obligation, the creditor shall specify towards whom and by when the obligation needs to be fulfilled.

| (2) | The creditor shall
  specify the duration of the obligation, e.g. until the end of the credit agreement. The creditor shall specify for each obligation any costs to be paid by the consumer, which are not included in the APRC. |
| --- | --- |

(2)

The creditor shall
  specify the duration of the obligation, e.g. until the end of the credit agreement. The creditor shall specify for each obligation any costs to be paid by the consumer, which are not included in the APRC.

| (3) | The creditor shall state whether it is compulsory for the consumer to hold any ancillary services to obtain the credit on the stated terms, and if so whether the consumer is obliged to purchase them from the creditor's preferred supplier or whether they may be purchased from a provider of consumer’s choice. Where such possibility is conditional on the ancillary services meeting certain minimum characteristics, such characteristics shall be described in this section.



  Where the credit agreement is bundled with other products the creditor shall state the key features of those other products and clearly state whether the consumer has a right to terminate the credit agreement or the bundled products separately, the conditions for and implications of doing so, and, where applicable, of the possible consequences of terminating the ancillary services required in connection with the credit agreement. |
| --- | --- |

(3)

The creditor shall state whether it is compulsory for the consumer to hold any ancillary services to obtain the credit on the stated terms, and if so whether the consumer is obliged to purchase them from the creditor's preferred supplier or whether they may be purchased from a provider of consumer’s choice. Where such possibility is conditional on the ancillary services meeting certain minimum characteristics, such characteristics shall be described in this section.

Section ‘9. Early repayment’

| (1) | The
  creditor shall indicate under what conditions the consumer can
  repay the credit early, either fully or partially
  . |
| --- | --- |

(1)

The
  creditor shall indicate under what conditions the consumer can
  repay the credit early, either fully or partially
  .

| (2) | In the section on exit charges
  the creditor shall draw the consumer
  's attention to any exit charge or other costs payable on early repayment in order to compensate the creditor and where possible indicate their
  amount. In cases where the amount of
  compensation
  would depend on different factors, such as the amount repaid or the prevailing interest rate at the moment of the early repayment, the creditor shall indicate how the
  compensation will be calculated and provide the maximum amount that the charge might be, or where this is not possible, an illustrative example
  in order to demonstrate to the consumer the level of
  compensation
  under different possible scenarios. |
| --- | --- |

(2)

In the section on exit charges
  the creditor shall draw the consumer
  's attention to any exit charge or other costs payable on early repayment in order to compensate the creditor and where possible indicate their
  amount. In cases where the amount of
  compensation
  would depend on different factors, such as the amount repaid or the prevailing interest rate at the moment of the early repayment, the creditor shall indicate how the
  compensation will be calculated and provide the maximum amount that the charge might be, or where this is not possible, an illustrative example
  in order to demonstrate to the consumer the level of
  compensation
  under different possible scenarios.

Section '10. Flexible features

| (1) | Where applicable, the creditor shall explain the possibility to and conditions for transferring the credit to another creditor or immovable property. |
| --- | --- |

(1)

Where applicable, the creditor shall explain the possibility to and conditions for transferring the credit to another creditor or immovable property.

| (2) | (Where appropriate) Additional features: Where the product contains any of the features listed in point 5, this section must list these features and provide a brief explanation of: the circumstances in which the consumer can use the feature; any conditions attached to the feature; if the feature being part of the credit secured by a mortgage or comparable security means that the consumer loses any statutory or other protections usually associated with the feature; and the firm providing the feature (if not the creditor). |
| --- | --- |

(2)

(Where appropriate) Additional features: Where the product contains any of the features listed in point 5, this section must list these features and provide a brief explanation of: the circumstances in which the consumer can use the feature; any conditions attached to the feature; if the feature being part of the credit secured by a mortgage or comparable security means that the consumer loses any statutory or other protections usually associated with the feature; and the firm providing the feature (if not the creditor).

| (3) | If the feature contains any additional credit, then this section must explain to the consumer: the total amount of credit (including the credit secured by the mortgage or comparable security); whether the additional credit is secured or not; the relevant
  borrowing
  rates; and whether it is regulated or not. Such additional credit amount shall either be included in the original creditworthiness assessment or, if it is not, this section shall make clear that the availability of the additional amount is dependent on a further assessment of the consumer's ability to repay. |
| --- | --- |

(3)

If the feature contains any additional credit, then this section must explain to the consumer: the total amount of credit (including the credit secured by the mortgage or comparable security); whether the additional credit is secured or not; the relevant
  borrowing
  rates; and whether it is regulated or not. Such additional credit amount shall either be included in the original creditworthiness assessment or, if it is not, this section shall make clear that the availability of the additional amount is dependent on a further assessment of the consumer's ability to repay.

| (4) | If the feature involves a savings vehicle, the relevant interest rate must be explained. |
| --- | --- |

(4)

If the feature involves a savings vehicle, the relevant interest rate must be explained.

| (5) | The possible additional features are: ‘Overpayments/Underpayments’ [paying more or less than the instalment ordinarily required by the amortisation structure]; ‘Payment holidays’ [periods where the consumer is not required to make payments]; ‘Borrow back’ [ability for the consumer to borrow again funds already drawn down and repaid]; ‘Additional borrowing available without further approval’; ‘Additional secured or unsecured borrowing’ [in accordance with point 3 above]; ‘Credit card’; ‘Linked current account’; and ‘Linked savings account’. |
| --- | --- |

(5)

The possible additional features are: ‘Overpayments/Underpayments’ [paying more or less than the instalment ordinarily required by the amortisation structure]; ‘Payment holidays’ [periods where the consumer is not required to make payments]; ‘Borrow back’ [ability for the consumer to borrow again funds already drawn down and repaid]; ‘Additional borrowing available without further approval’; ‘Additional secured or unsecured borrowing’ [in accordance with point 3 above]; ‘Credit card’; ‘Linked current account’; and ‘Linked savings account’.

| (6) | The creditor may include any other features offered by the creditor as part of the credit agreement not mentioned in previous sections
  . |
| --- | --- |

(6)

The creditor may include any other features offered by the creditor as part of the credit agreement not mentioned in previous sections
  .

Section '11.
  Other rights
  of
  the borrower

| (1) | The creditor shall clarify the
  right
  (s)
  of
  e.g.
  withdrawal
  or reflection and where applicable other rights such as, portability (including subrogation) that exist,
  specify the conditions to which this
  /these
  right
  (s)
  is subject, the procedure that the consumer will need to follow in order to exercise this
  /these
  right
  (s)
  , inter alia, the address to which the notification of withdrawal
  shall
  be sent, and the corresponding fees (where applicable). |
| --- | --- |

(1)

The creditor shall clarify the
  right
  (s)
  of
  e.g.
  withdrawal
  or reflection and where applicable other rights such as, portability (including subrogation) that exist,
  specify the conditions to which this
  /these
  right
  (s)
  is subject, the procedure that the consumer will need to follow in order to exercise this
  /these
  right
  (s)
  , inter alia, the address to which the notification of withdrawal
  shall
  be sent, and the corresponding fees (where applicable).

| (2) | Where a reflection period or right of withdrawal for the consumer applies this shall be clearly mentioned. |
| --- | --- |

(2)

Where a reflection period or right of withdrawal for the consumer applies this shall be clearly mentioned.

| (3) | In line with Article 3 of Directive 2002/65/EC, where the transaction is being offered at a distance, the consumer shall be informed of the existence or absence of a right of withdrawal. |
| --- | --- |

(3)

In line with Article 3 of Directive 2002/65/EC, where the transaction is being offered at a distance, the consumer shall be informed of the existence or absence of a right of withdrawal.

Section ‘12.
  Complaints
  ’

| (1) | This Section shall indicate the internal contact point [name of the relevant department] and a means of contacting them to complain [Geographical address] or [Telephone number] or [Contact person:] [contact details] and a link to the complaints procedure on the relevant page of a website or similar information source. |
| --- | --- |

(1)

This Section shall indicate the internal contact point [name of the relevant department] and a means of contacting them to complain [Geographical address] or [Telephone number] or [Contact person:] [contact details] and a link to the complaints procedure on the relevant page of a website or similar information source.

| (2) | It shall indicate the name of the relevant external body for out-of-court complaints and redress and where using the internal complaint procedure is a precondition for access to that body, indicate that fact using the wording in Part A. |
| --- | --- |

(2)

It shall indicate the name of the relevant external body for out-of-court complaints and redress and where using the internal complaint procedure is a precondition for access to that body, indicate that fact using the wording in Part A.

| (3) | In the case of credit agreements with a consumer who is resident in another Member State, the creditor shall refer to the existence of FIN-NET (http://ec.europa.eu/internal_market/fin-net/). |
| --- | --- |

(3)

In the case of credit agreements with a consumer who is resident in another Member State, the creditor shall refer to the existence of FIN-NET (http://ec.europa.eu/internal_market/fin-net/).

Section '13.

Non-compliance with the commitments linked to the credit:

consequences for the borrower'

| (1) | Where non-observance of any of the consumer’s obligations linked to the credit may have financial or legal consequences for the consumer, the creditor shall describe in this section the different
  main
  cases (e.g. late payments/default, failure to respect the obligations set out in Section 8 ‘Additional obligations
  ’) and indicate where further information could be obtained
  . |
| --- | --- |

(1)

Where non-observance of any of the consumer’s obligations linked to the credit may have financial or legal consequences for the consumer, the creditor shall describe in this section the different
  main
  cases (e.g. late payments/default, failure to respect the obligations set out in Section 8 ‘Additional obligations
  ’) and indicate where further information could be obtained
  .

| (2) | For each of those cases, the creditor shall specify, in clear,
  easy
  comprehensible terms, the sanctions or consequences to which they may give rise. Reference to serious consequences
  shall
  be highlighted. |
| --- | --- |

(2)

For each of those cases, the creditor shall specify, in clear,
  easy
  comprehensible terms, the sanctions or consequences to which they may give rise. Reference to serious consequences
  shall
  be highlighted.

| (3) | Where the immovable property used to secure the credit may be returned or transferred to the creditor, if the consumer does not comply with the obligations, this section shall include a statement indicating that fact, using the wording in Part A. |
| --- | --- |

(3)

Where the immovable property used to secure the credit may be returned or transferred to the creditor, if the consumer does not comply with the obligations, this section shall include a statement indicating that fact, using the wording in Part A.

Section '
  14.
  Additional information

| (1) | In
  the case of distance marketing, this section will include
  any
  clause stipulating the law applicable to the credit agreement or the competent court. |
| --- | --- |

(1)

In
  the case of distance marketing, this section will include
  any
  clause stipulating the law applicable to the credit agreement or the competent court.

| (2) | Where the creditor intends to communicate with the consumer during the life of the contract in a language different from the language of the ESIS that fact shall be included and the language of communication named. This is without prejudice to point (g) of point 3 of paragraph 1 of Article 3 of Directive 2002/65/EC. |
| --- | --- |

(2)

Where the creditor intends to communicate with the consumer during the life of the contract in a language different from the language of the ESIS that fact shall be included and the language of communication named. This is without prejudice to point (g) of point 3 of paragraph 1 of Article 3 of Directive 2002/65/EC.

| (3) | The creditor or credit intermediary shall state the consumer’s right to be provided with or offered, as applicable, a copy of the draft credit agreement at least once an offer binding on the creditor has been made. |
| --- | --- |

(3)

The creditor or credit intermediary shall state the consumer’s right to be provided with or offered, as applicable, a copy of the draft credit agreement at least once an offer binding on the creditor has been made.

Section '
  15. Supervisor

| (1) | The relevant authority or authorities for the supervision of the pre-contractual stage of lending shall be indicated. |
| --- | --- |

(1)

The relevant authority or authorities for the supervision of the pre-contractual stage of lending shall be indicated.

ANNEX III

Minimum knowledge and competence requirements

| 1. | The minimum knowledge and competence requirements for creditors’, credit intermediaries’ and appointed representatives’ staff referred to in Article 9 and for persons involved in the management of credit intermediaries or appointed representatives referred to in point (c) of Article 29(2) and Article 31(2) need to include at least:









  (a) | appropriate knowledge of credit products within the scope of Article 3 and the ancillary services typically offered with them; |
| --- | --- | --- |

1.

(a)

appropriate knowledge of credit products within the scope of Article 3 and the ancillary services typically offered with them;

| (b) | appropriate knowledge of the laws related to the credit agreements for consumers, in particular consumer protection; |
| --- | --- |

(b)

appropriate knowledge of the laws related to the credit agreements for consumers, in particular consumer protection;

| (c) | appropriate knowledge and understanding of the immovable property purchasing process; |
| --- | --- |

(c)

appropriate knowledge and understanding of the immovable property purchasing process;

| (d) | appropriate knowledge of security valuation; |
| --- | --- |

(d)

appropriate knowledge of security valuation;

| (e) | appropriate knowledge of organisation and functioning of land registers; |
| --- | --- |

(e)

appropriate knowledge of organisation and functioning of land registers;

| (f) | appropriate knowledge of the market in the relevant Member State; |
| --- | --- |

(f)

appropriate knowledge of the market in the relevant Member State;

| (g) | appropriate knowledge of business ethics standards; |
| --- | --- |

(g)

appropriate knowledge of business ethics standards;

| (h) | appropriate knowledge of the consumer’s creditworthiness assessment process or where applicable, competence in assessing consumers' creditworthiness; |
| --- | --- |

(h)

appropriate knowledge of the consumer’s creditworthiness assessment process or where applicable, competence in assessing consumers' creditworthiness;

| (i) | appropriate level of financial and economic competency. |
| --- | --- |

(i)

appropriate level of financial and economic competency.

| 2. | When establishing minimum knowledge and competence requirements Member States may differentiate between the levels and types of requirements applicable to the staff of creditors, the staff of credit intermediaries or appointed representatives and the management of credit intermediaries or appointed representatives. |
| --- | --- |

2.

| 3. | Member States shall determine the appropriate level of knowledge and competence on the basis of:









  (a) | professional qualifications, e.g. diplomas, degrees, training, competency tests; or |
| --- | --- | --- |

3.

(a)

professional qualifications, e.g. diplomas, degrees, training, competency tests; or

| (b) | professional experience, which may be defined as a minimum number of years working in areas related to the origination, distribution or intermediation of credit products.



  After ...

   (*)

  , the determination of the appropriate level of knowledge and competence shall not be based solely on the methods listed in point (b) of the first subparagraph. |
| --- | --- |

(b)

professional experience, which may be defined as a minimum number of years working in areas related to the origination, distribution or intermediation of credit products.

---

(*)  
  Five years after entry into force of this Directive.

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/360 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/360

---

P7_TA(2013)0342

Insider dealing and market manipulation (market abuse) ***I

European Parliament legislative resolution of 10 September 2013 on the proposal for a regulation of the European Parliament and of the Council on insider dealing and market manipulation (market abuse) (COM(2011)0651 — C7-0360/2011 — 2011/0295(COD))

(Ordinary legislative procedure: first reading)

(2016/C 093/36)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0651) and the amended Commission proposal to Parliament and the Council (COM(2012)0421), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0651) and the amended Commission proposal to Parliament and the Council (COM(2012)0421),

| — | having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0360/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0360/2011),

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

—

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

| — | having regard to the opinion of the European Central Bank of 22 March 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Central Bank of 22 March 2012 (1),

| — | having regard to the opinion of the European Economic and Social Committee of 28 March 2012 (2), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 28 March 2012 (2),

| — | having regard to the undertaking given by the Council representative by letter of 26 June 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 26 June 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Environment, Public Health and Food Safety and of the Committee on Legal Affairs (A7-0347/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Environment, Public Health and Food Safety and of the Committee on Legal Affairs (A7-0347/2012),

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

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

3.

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

---

(1)  OJ C 161, 7.6.2012, p. 3.

(2)  OJ C 181, 21.6.2012, p. 64.

---

P7_TC1-COD(2011)0295

Position of the European Parliament adopted at first reading on 10 September 2013 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 596/2014.)

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/361 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/361

---

P7_TA(2013)0343

Amendment of Council Regulation (EC) No 2187/2005 for the conservation of fishery through technical measures in the Baltic Sea, the Belts and the Sound ***I

European Parliament legislative resolution of 10 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2187/2005 for the conservation of fishery through technical measures in the Baltic Sea, the Belts and the Sound (COM(2012)0591 — C7-0332/2012 — 2012/0285(COD))

(Ordinary legislative procedure: first reading)

(2016/C 093/37)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0591), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0591),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0332/2012), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0332/2012),

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

—

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

| — | having regard to the opinion of the European Economic and Social Committee of 11 July 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 11 July 2012 (1),

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A7-0259/2013), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A7-0259/2013),

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

| 3. | Instructs its president to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

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

---

(1)  OJ C 44, 15.2.2013, p. 157.

---

P7_TC1-COD(2012)0285

Position of the European Parliament adopted at first reading on 10 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 2187/2005 for the conservation of fishery through technical measures in the Baltic Sea, the Belts and the Sound

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the 'European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Council Regulation (EC) No 2187/2005 (3) confers powers upon the Commission in order to implement some of the provisions of that Regulation. |
| --- | --- |

(1)

Council Regulation (EC) No 2187/2005 (3) confers powers upon the Commission in order to implement some of the provisions of that Regulation.

| (2) | As a consequence of the entry into force of the Lisbon Treaty, the powers conferred upon the Commission under Regulation (EC) No 2187/2005 need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union. |
| --- | --- |

(2)

As a consequence of the entry into force of the Lisbon Treaty, the powers conferred upon the Commission under Regulation (EC) No 2187/2005 need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union.

| (3) | Implementing powers should be conferred on the Commission in order to ensure uniform conditions for the implementation of Regulation (EC) No 2187/2005 as regards measures taken by Member States which apply only to fishing vessels flying their flag. |
| --- | --- |

(3)

Implementing powers should be conferred on the Commission in order to ensure uniform conditions for the implementation of Regulation (EC) No 2187/2005 as regards measures taken by Member States which apply only to fishing vessels flying their flag.

| (4) | Powers to adopt detailed rules for the implementation of Regulation (EC) No 2187/2005 are no longer required. The provision conferring those powers should therefore be deleted. |
| --- | --- |

(4)

Powers to adopt detailed rules for the implementation of Regulation (EC) No 2187/2005 are no longer required. The provision conferring those powers should therefore be deleted.

| (5) | The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend rules concerning the construction of the certain gears. Such amendments should reflect changes occurring in the selectivity patterns of the fishery, new technical knowledge on materials for construction or changes in the rigging of the gear which may enhance gear selectivity. |
| --- | --- |

(5)

The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend rules concerning the construction of the certain gears. Such amendments should reflect changes occurring in the selectivity patterns of the fishery, new technical knowledge on materials for construction or changes in the rigging of the gear which may enhance gear selectivity.

| (6) | It is of particular importance that the Commission should carry out appropriate consultations during its preparatory work for the adoption of delegated acts, including at expert level. When preparing and drawing-up delegated acts, the Commission should ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. |
| --- | --- |

(6)

It is of particular importance that the Commission should carry out appropriate consultations during its preparatory work for the adoption of delegated acts, including at expert level. When preparing and drawing-up delegated acts, the Commission should ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

| (7) | Regulation (EC) No 2187/2005 should therefore be amended accordingly, |
| --- | --- |

(7)

Regulation (EC) No 2187/2005 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2187/2005 is amended as follows:

| (1) | In Article 26, paragraph 5 is replaced by the following:
  ‘5.   If the Commission concludes that the measures do not comply with the conditions laid down in paragraph 1 it shall adopt an implementing decision

  act
  requiring the Member State to withdraw or modify the measures.’[Am. 1] |
| --- | --- |

(1)

In Article 26, paragraph 5 is replaced by the following:

‘5.   If the Commission concludes that the measures do not comply with the conditions laid down in paragraph 1 it shall adopt an implementing decision

  act
  requiring the Member State to withdraw or modify the measures.’[Am. 1]

| (2) | Article 28 is deleted. |
| --- | --- |

(2)

Article 28 is deleted.

| (3) | Article 29 is replaced by the following:
  ‘Article 29
  Amendments to Appendices 1 and 2 of Annex II
  The Commission shall be empowered to adopt delegated acts in accordance with Article 29a to amend or supplement Appendices 1 and 2 of Annex II by adapting specifications of the gear to:






  (a) | changes in selectivity; |
| --- | --- | --- |

(3)

Article 29 is replaced by the following:

‘Article 29

Amendments to Appendices 1 and 2 of Annex II

The Commission shall be empowered to adopt delegated acts in accordance with Article 29a to amend or supplement Appendices 1 and 2 of Annex II by adapting specifications of the gear to:

(a)

changes in selectivity;

| (b) | improvements in technical knowledge on new materials for gear construction; |
| --- | --- |

(b)

improvements in technical knowledge on new materials for gear construction;

| (c) | changes to rigging that enhance gear selectivity.’ |
| --- | --- |

(c)

changes to rigging that enhance gear selectivity.’

| (4) | The following Article is inserted:
  ‘Article 29a
  Exercise of the delegation
  1.   The power to adopt delegated acts is conferred on the Commission, subject to the conditions laid down in this Article.
  2.   The delegation of power
  to adopt delegated acts
  referred to in Article 29 shall be conferred on the Commission for an indeterminate

  a
  period of time

  three years from ...

   (*)

  . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such an extension not later than three months before the end of each period
  . [Am. 2]

  3.   The delegation of powers referred to in Article 29 may be revoked by the European Parliament or by the Council at any time. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
  4.   As soon as the Commission adopts a delegated act, it shall notify it simultaneously to the European Parliament and to the Council.
  5.   A delegated act adopted pursuant to Article 29 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’

  (*)  
  Date of entry into force of this Regulation.
  " |
| --- | --- |

(4)

The following Article is inserted:

‘Article 29a

Exercise of the delegation

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

2.   The delegation of power
  to adopt delegated acts
  referred to in Article 29 shall be conferred on the Commission for an indeterminate

  a
  period of time

  three years from ...

   (*)

  . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such an extension not later than three months before the end of each period
  . [Am. 2]

3.   The delegation of powers referred to in Article 29 may be revoked by the European Parliament or by the Council at any time. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

5.   A delegated act adopted pursuant to Article 29 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’

(*)  
  Date of entry into force of this Regulation.
  "

| (4a) | The following Article is inserted:




  ‘Article 31a




  Overall assessment and review




  By ...

   (**)

  , the Commission shall review the effectiveness of the measures laid down in this Regulation, and, where appropriate, submit a legislative proposal to the European Parliament and to the Council for the amendment of this Regulation in order to ensure that it is compatible with Regulation (EU) No .../2013 of the European Parliament and of the Council

   (4)

  .



  [Am. 3]


  (**)  
  One year after the entry into force of Regulation (EU) No .../2013 [on the Common Fisheries Policy] (see document 2011/0195(COD)).
  "


  (4)  
  Regulation (EU) No .../2013 of the European Parliament and of the Council of ... on the Common Fisheries Policy (OJ L ...).

   ()
  ’"


  ()  
  Reference to the document in 2011/0195(COD). |
| --- | --- |

(4a)

The following Article is inserted:

‘Article 31a

Overall assessment and review

By ...

   (**)

  , the Commission shall review the effectiveness of the measures laid down in this Regulation, and, where appropriate, submit a legislative proposal to the European Parliament and to the Council for the amendment of this Regulation in order to ensure that it is compatible with Regulation (EU) No .../2013 of the European Parliament and of the Council

   (4)

  .

[Am. 3]

(**)  
  One year after the entry into force of Regulation (EU) No .../2013 [on the Common Fisheries Policy] (see document 2011/0195(COD)).
  "

(4)  
  Regulation (EU) No .../2013 of the European Parliament and of the Council of ... on the Common Fisheries Policy (OJ L ...).

   ()
  ’"

()  
  Reference to the document in 2011/0195(COD).

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 44, 15.2.2013, p. 157.

1

(2)  Position of the European Parliament of 10 September 2013.

2

(3)  Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery through technical measures in the Baltic Sea, the Belts and the Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98 (OJ L 349, 31.12.2005, p. 1).

3

, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/364 |
| --- | --- | --- | --- |

9.3.2016

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Official Journal of the European Union

C 93/364

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P7_TA(2013)0349

Appointment of Luigi Berlinguer to the panel set up under Article 255 of the TFEU

European Parliament decision of 10 September 2013 proposing the appointment of Luigi Berlinguer to the panel set up under Article 255 of the Treaty on the Functioning of the European Union (2013/2161(INS))

(2016/C 093/38)

The European Parliament,

| — | having regard to the second paragraph of Article 255 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to the second paragraph of Article 255 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Rule 107a of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 107a of its Rules of Procedure,

| A. | whereas Luigi Berlinguer meets the conditions laid down in the second paragraph of Article 255 TFEU; |
| --- | --- |

A.

whereas Luigi Berlinguer meets the conditions laid down in the second paragraph of Article 255 TFEU;

| 1. | Proposes that Luigi Berlinguer be appointed to the panel; |
| --- | --- |

1.

Proposes that Luigi Berlinguer be appointed to the panel;

| 2. | Instructs its President to forward this decision to the President of the Court of Justice. |
| --- | --- |

2.

Instructs its President to forward this decision to the President of the Court of Justice.

---

Wednesday 11 September 2013

| 9.3.2016 | EN | Official Journal of the European Union | C 93/365 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/365

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P7_TA(2013)0352

Draft amending budget No 2/2013 — Increase in forecasts concerning other revenue stemming from fines and penalties — Increase in payment appropriations

European Parliament resolution of 11 September 2013 on the Council position on Draft amending budget No 2/2013 of the European Union for the financial year 2013, Section III — Commission (11693/2013 — C7-0245/2013 — 2013/2056(BUD))

(2016/C 093/39)

The European Parliament,

| — | having regard to Article 314 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty, |
| --- | --- |

—

having regard to Article 314 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty,

| — | having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), |
| --- | --- |

—

having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1),

| — | having regard to the general budget of the European Union for the financial year 2013, as definitively adopted on 12 December 2012 (2), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2013, as definitively adopted on 12 December 2012 (2),

| — | having regard to the joint declarations on the payments for 2012 and 2013 signed by the Parliament, the Council and the Commission in December 2012, |
| --- | --- |

—

having regard to the joint declarations on the payments for 2012 and 2013 signed by the Parliament, the Council and the Commission in December 2012,

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3),

| — | having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources (4), |
| --- | --- |

—

having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources (4),

| — | having regard to Draft amending budget No 2/2013, which the Commission submitted on 27 March 2013 (COM(2013)0183), |
| --- | --- |

—

having regard to Draft amending budget No 2/2013, which the Commission submitted on 27 March 2013 (COM(2013)0183),

| — | having regard to the position on Draft amending budget No 2/2013 which the Council adopted on 9 July 2013 (11693/2013 — C7-0245/2013), |
| --- | --- |

—

having regard to the position on Draft amending budget No 2/2013 which the Council adopted on 9 July 2013 (11693/2013 — C7-0245/2013),

| — | having regard to its resolution of 13 March 2013 on the European Council conclusions of 7/8 February concerning the Multiannual Financial Framework (5) |
| --- | --- |

—

having regard to its resolution of 13 March 2013 on the European Council conclusions of 7/8 February concerning the Multiannual Financial Framework (5)

| — | having regard to its resolution of 3 July 2013 on the political agreement on the Multiannual Financial Framework 2014-2020 (6), |
| --- | --- |

—

having regard to its resolution of 3 July 2013 on the political agreement on the Multiannual Financial Framework 2014-2020 (6),

| — | having regard to Rules 75b and 75e of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 75b and 75e of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A7-0287/2013), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A7-0287/2013),

| A. | whereas Draft amending budget No 2/2013 to the general budget 2013 proposes to increase both the forecast of revenue stemming from fines and penalties by EUR 290 million and the payments appropriations by EUR 11,2 billion (11 200 million) across headings 1a, 1b, 2, 3a, 3b and 4 of the multiannual financial framework (MFF), with the aim of meeting payment needs until the end of the year by covering obligations stemming from past and current commitments; |
| --- | --- |

A.

whereas Draft amending budget No 2/2013 to the general budget 2013 proposes to increase both the forecast of revenue stemming from fines and penalties by EUR 290 million and the payments appropriations by EUR 11,2 billion (11 200 million) across headings 1a, 1b, 2, 3a, 3b and 4 of the multiannual financial framework (MFF), with the aim of meeting payment needs until the end of the year by covering obligations stemming from past and current commitments;

| B. | whereas the overall amount of payment claims pending at the end of 2012 for cohesion policy (2007-2013), amounting to EUR 16,2 billion, had to be rolled over to 2013, consequently reducing the level of payments available in the budget 2013 to cover the payment needs of this year; |
| --- | --- |

B.

whereas the overall amount of payment claims pending at the end of 2012 for cohesion policy (2007-2013), amounting to EUR 16,2 billion, had to be rolled over to 2013, consequently reducing the level of payments available in the budget 2013 to cover the payment needs of this year;

| C. | whereas Parliament, the Council and the Commission engaged through a joint declaration in December 2012 to cover all unpaid payment claims for 2012 through an Amending budget at an early stage in 2013; |
| --- | --- |

C.

whereas Parliament, the Council and the Commission engaged through a joint declaration in December 2012 to cover all unpaid payment claims for 2012 through an Amending budget at an early stage in 2013;

| D. | whereas the political agreement reached on 27 June 2013 at the highest political level between Parliament, the Council Presidency and the Commission on the MFF for the period 2014-2020 included a political commitment from the Council to take all necessary steps to ensure that the Union's obligations for 2013 are fully honoured, to formally adopt Draft amending budget No 2/2013 for EUR 7,3 billion, as well as to adopt without delay a further draft amending budget to be proposed by the Commission in early autumn to avoid any shortfall in justified payment appropriations; |
| --- | --- |

D.

whereas the political agreement reached on 27 June 2013 at the highest political level between Parliament, the Council Presidency and the Commission on the MFF for the period 2014-2020 included a political commitment from the Council to take all necessary steps to ensure that the Union's obligations for 2013 are fully honoured, to formally adopt Draft amending budget No 2/2013 for EUR 7,3 billion, as well as to adopt without delay a further draft amending budget to be proposed by the Commission in early autumn to avoid any shortfall in justified payment appropriations;

| E. | whereas the Council formally adopted its position on Draft amending budget No 2/2013 on 9 July 2013 for an amount of EUR 7,3 billion that will cover outstanding payment needs across headings 1a, 1b, 2, 3a, 3b and 4; |
| --- | --- |

E.

whereas the Council formally adopted its position on Draft amending budget No 2/2013 on 9 July 2013 for an amount of EUR 7,3 billion that will cover outstanding payment needs across headings 1a, 1b, 2, 3a, 3b and 4;

| F. | whereas Parliament in its resolution of 3 July 2013 links the adoption by the Council of the further Draft amending budget in early autumn with the adoption of the MFF Regulation or the budget 2014; |
| --- | --- |

F.

whereas Parliament in its resolution of 3 July 2013 links the adoption by the Council of the further Draft amending budget in early autumn with the adoption of the MFF Regulation or the budget 2014;

| 1. | Takes note of Draft amending budget No 2/2013 as proposed by the Commission and of Council's position thereon, which is consistent with the political agreement achieved during the MFF 2014-2020 negotiations; |
| --- | --- |

1.

Takes note of Draft amending budget No 2/2013 as proposed by the Commission and of Council's position thereon, which is consistent with the political agreement achieved during the MFF 2014-2020 negotiations;

| 2. | Understands that the overall increase of EUR 11,2 billion was originally proposed by the Commission at this level in order not to challenge the 2013 MFF payment ceiling and, therefore, avoid a revision of the current MFF; expresses fear, however, that it might not be sufficient to cover all payment claims submitted until the end of 2013; reiterates, in particular, that the bulk of invoices under heading 1b are traditionally submitted by Member States towards the end of each financial year in order to prevent possible de-commitments due to the application of n+2 and n+3 rules; |
| --- | --- |

2.

Understands that the overall increase of EUR 11,2 billion was originally proposed by the Commission at this level in order not to challenge the 2013 MFF payment ceiling and, therefore, avoid a revision of the current MFF; expresses fear, however, that it might not be sufficient to cover all payment claims submitted until the end of 2013; reiterates, in particular, that the bulk of invoices under heading 1b are traditionally submitted by Member States towards the end of each financial year in order to prevent possible de-commitments due to the application of n+2 and n+3 rules;

| 3. | Emphasises the fact that the joint declarations of December 2012 were an integral part of the agreement on the Budget 2013, and represent a formal engagement on the side of the three institutions which must be fully respected as a sign of mutual trust and loyal cooperation; understands, however, the financial constraints which the Member States are subject to and accepts, therefore, that outstanding needs in payments until the end of 2013 (EUR 11,2 billion as estimated by the Commission) are covered in two consecutive steps; |
| --- | --- |

3.

Emphasises the fact that the joint declarations of December 2012 were an integral part of the agreement on the Budget 2013, and represent a formal engagement on the side of the three institutions which must be fully respected as a sign of mutual trust and loyal cooperation; understands, however, the financial constraints which the Member States are subject to and accepts, therefore, that outstanding needs in payments until the end of 2013 (EUR 11,2 billion as estimated by the Commission) are covered in two consecutive steps;

| 4. | Reminds the Council of the formal commitment it made as part of the political agreement on the MFF 2014-2020 at the explicit request of Parliament to also ensure coverage for the second tranche of outstanding payments that will guarantee the settlement of the payments issue before the new MFF period begins; urges the Commission to present in the early autumn a further Draft amending budget solely devoted to this issue; |
| --- | --- |

4.

Reminds the Council of the formal commitment it made as part of the political agreement on the MFF 2014-2020 at the explicit request of Parliament to also ensure coverage for the second tranche of outstanding payments that will guarantee the settlement of the payments issue before the new MFF period begins; urges the Commission to present in the early autumn a further Draft amending budget solely devoted to this issue;

| 5. | Reiterates its position as set out in its resolution of 3 July 2013 on the political agreement on the MFF 2014-2020 that Parliament will not give its consent to the MFF Regulation or will not adopt the Budget 2014 until this new Amending budget, covering the remaining 2013 deficit in payments as identified by the Commission, has been adopted in full by the Council; |
| --- | --- |

5.

Reiterates its position as set out in its resolution of 3 July 2013 on the political agreement on the MFF 2014-2020 that Parliament will not give its consent to the MFF Regulation or will not adopt the Budget 2014 until this new Amending budget, covering the remaining 2013 deficit in payments as identified by the Commission, has been adopted in full by the Council;

| 6. | Considers the amount of EUR 11,2 billion as a bare minimum to cover the actual needs until the end of 2013; calls on the three institutions to come up with a concrete, binding solution, should the reinforcements proposed in the two tranches of Draft amending budget No 2/2013 prove not to be enough and not fully prevent any shifts of payments to the next MFF; |
| --- | --- |

6.

Considers the amount of EUR 11,2 billion as a bare minimum to cover the actual needs until the end of 2013; calls on the three institutions to come up with a concrete, binding solution, should the reinforcements proposed in the two tranches of Draft amending budget No 2/2013 prove not to be enough and not fully prevent any shifts of payments to the next MFF;

| 7. | Considers the Commission as the only institution that can provide the budgetary authority with accurate data on the expected payment needs based on the Member States' claims from year n and their estimates for year n+1; points out that the Council lacks any objective basis to question the figures presented by the Commission, which are based on the aggregation of data from 27 Member States; recalls that each Member State is only responsible for its own data, which are therefore the only figures it can contest; |
| --- | --- |

7.

Considers the Commission as the only institution that can provide the budgetary authority with accurate data on the expected payment needs based on the Member States' claims from year n and their estimates for year n+1; points out that the Council lacks any objective basis to question the figures presented by the Commission, which are based on the aggregation of data from 27 Member States; recalls that each Member State is only responsible for its own data, which are therefore the only figures it can contest;

| 8. | Reminds that the adoption of Draft amending budget No 3/2013 would reduce the share of the GNI contribution by Member States to the Union budget and therefore partly compensate their contribution to Amending budget No 2/2013; emphasises the fact, therefore, that the two dossiers are subject to a common calendar for adoption, since they are strictly linked from a political point of view; |
| --- | --- |

8.

Reminds that the adoption of Draft amending budget No 3/2013 would reduce the share of the GNI contribution by Member States to the Union budget and therefore partly compensate their contribution to Amending budget No 2/2013; emphasises the fact, therefore, that the two dossiers are subject to a common calendar for adoption, since they are strictly linked from a political point of view;

| 9. | Approves the Council position on Draft amending budget No 2/2013; |
| --- | --- |

9.

Approves the Council position on Draft amending budget No 2/2013;

| 10. | Instructs its President to declare that Amending budget No 2/2013 has been definitively adopted and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

10.

Instructs its President to declare that Amending budget No 2/2013 has been definitively adopted and arrange for its publication in the Official Journal of the European Union;

| 11. | Instructs its President to forward this resolution to the Council, the Commission and the national parliaments. |
| --- | --- |

11.

Instructs its President to forward this resolution to the Council, the Commission and the national parliaments.

---

(1)  OJ L 298, 26.10.2012, p. 1.

(2)  OJ L 66, 8.3.2013.

(3)  OJ C 139, 14.6.2006, p. 1.

(4)  OJ L 163, 23.6.2007, p. 17.

(5)  Texts adopted, P7_TA(2013)0078.

(6)  Texts adopted, P7_TA(2013)0304.

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/367 |
| --- | --- | --- | --- |

9.3.2016

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Official Journal of the European Union

C 93/367

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P7_TA(2013)0353

Draft amending budget No 3/2013 — Surplus resulting from the implementation of the budget year 2012

European Parliament resolution of 11 September 2013 on the Council position on Draft amending budget No 3/2013 of the European Union for the financial year 2013, Section III — Commission (11694/2013 — C7-0246/2013 — 2013/2070(BUD))

(2016/C 093/40)

The European Parliament,

| — | having regard to Article 314 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty, |
| --- | --- |

—

having regard to Article 314 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty,

| — | having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), and in particular Article 18 thereof, |
| --- | --- |

—

having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), and in particular Article 18 thereof,

| — | having regard to the general budget of the European Union for the financial year 2013, as definitively adopted on 12 December 2012 (2), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2013, as definitively adopted on 12 December 2012 (2),

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3),

| — | having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources (4), |
| --- | --- |

—

having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources (4),

| — | having regard to Draft amending budget No 3/2013, which the Commission submitted on 15 April 2013 (COM(2013)0224), |
| --- | --- |

—

having regard to Draft amending budget No 3/2013, which the Commission submitted on 15 April 2013 (COM(2013)0224),

| — | having regard to the position on Draft amending budget No 3/2013 which the Council adopted on 9 July 2013 (11694/2013 — C7-0246/2013), |
| --- | --- |

—

having regard to the position on Draft amending budget No 3/2013 which the Council adopted on 9 July 2013 (11694/2013 — C7-0246/2013),

| — | having regard to Rules 75b and 75e of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 75b and 75e of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A7-0284/2013), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A7-0284/2013),

| A. | whereas Draft amending budget No 3/2013 aims to enter in the 2013 budget the surplus from the 2012 financial year, amounting to EUR 1 023,3 million, |
| --- | --- |

A.

whereas Draft amending budget No 3/2013 aims to enter in the 2013 budget the surplus from the 2012 financial year, amounting to EUR 1 023,3 million,

| B. | whereas the main components of that surplus are an under-spend in expenditure of EUR 244,3 million, a positive outturn on income of more than EUR 719,1 million, and a positive exchange rate difference of EUR 59,9 million, |
| --- | --- |

B.

whereas the main components of that surplus are an under-spend in expenditure of EUR 244,3 million, a positive outturn on income of more than EUR 719,1 million, and a positive exchange rate difference of EUR 59,9 million,

| C. | whereas on the income side, the increase comes mainly from refunds and contributions connected to Union agreements and programs (EUR 350 million), from an increase of own resources actually collected as compared to those budgeted (EUR 231 million) and from fines and interest on late payments (EUR 159 million), |
| --- | --- |

C.

whereas on the income side, the increase comes mainly from refunds and contributions connected to Union agreements and programs (EUR 350 million), from an increase of own resources actually collected as compared to those budgeted (EUR 231 million) and from fines and interest on late payments (EUR 159 million),

| D. | whereas the under-spend in expenditure amounts to EUR 244 million, of which EUR 168 million is against 2012 budget appropriations and EUR 76 million is against carry-overs from 2011, |
| --- | --- |

D.

whereas the under-spend in expenditure amounts to EUR 244 million, of which EUR 168 million is against 2012 budget appropriations and EUR 76 million is against carry-overs from 2011,

| 1. | Takes note of Draft amending budget No 3/2013, which is devoted solely to the budgeting of the 2012 surplus, for an amount of EUR 1 023,3 million, in accordance with Article 18 of the Financial Regulation and Council's position thereon; |
| --- | --- |

1.

Takes note of Draft amending budget No 3/2013, which is devoted solely to the budgeting of the 2012 surplus, for an amount of EUR 1 023,3 million, in accordance with Article 18 of the Financial Regulation and Council's position thereon;

| 2. | Recalls that the adoption of this Draft amending budget will reduce the share of the GNI contribution from Member States to the Union budget and will therefore partly compensate their contribution to the financing of Amending budget No 2/2013; emphasises, therefore, that the two dossiers are subject to a common calendar for adoption since they are strictly linked from a political point of view; |
| --- | --- |

2.

Recalls that the adoption of this Draft amending budget will reduce the share of the GNI contribution from Member States to the Union budget and will therefore partly compensate their contribution to the financing of Amending budget No 2/2013; emphasises, therefore, that the two dossiers are subject to a common calendar for adoption since they are strictly linked from a political point of view;

| 3. | Approves the Council position on Draft amending budget No 3/2013; |
| --- | --- |

3.

Approves the Council position on Draft amending budget No 3/2013;

| 4. | Instructs its President to declare that Amending budget No 3/2013 has been definitively adopted and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

4.

Instructs its President to declare that Amending budget No 3/2013 has been definitively adopted and arrange for its publication in the Official Journal of the European Union;

| 5. | Instructs its President to forward this resolution to the Council, the Commission and the national parliaments. |
| --- | --- |

5.

Instructs its President to forward this resolution to the Council, the Commission and the national parliaments.

---

(1)  OJ L 298, 26.10.2012, p. 1.

(2)  OJ L 66, 8.3.2013.

(3)  OJ C 139, 14.6.2006, p. 1.

(4)  OJ L 163, 23.6.2007, p. 17.

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/368 |
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P7_TA(2013)0355

Mobilisation of the EU Solidarity Fund: flooding in Slovenia, Croatia and Austria in autumn 2012

European Parliament resolution of 11 September 2013 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2013)0259 — C7-0116/2013 — 2013/2085(BUD))

(2016/C 093/41)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2013)0259 — C7-0116/2013), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2013)0259 — C7-0116/2013),

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof, |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,

| — | having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2), |
| --- | --- |

—

having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),

| — | having regard to Joint Declaration of the European Parliament, the Council and the Commission, adopted during the conciliation meeting on 17 July 2008 on the Solidarity Fund, |
| --- | --- |

—

having regard to Joint Declaration of the European Parliament, the Council and the Commission, adopted during the conciliation meeting on 17 July 2008 on the Solidarity Fund,

| — | having regard to the letter of the Committee on Regional Development, |
| --- | --- |

—

having regard to the letter of the Committee on Regional Development,

| — | having regard to the report of the Committee on Budgets (A7-0283/2013), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A7-0283/2013),

| 1. | Approves the decision annexed to this resolution; |
| --- | --- |

1.

Approves the decision annexed to this resolution;

| 2. | Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

2.

Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;

| 3. | Instructs its President to forward this resolution, including its annex, to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward this resolution, including its annex, to the Council and the Commission.

---

(1)  OJ C 139, 14.6.2006, p. 1.

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

---

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2013/714/EU.)

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/369 |
| --- | --- | --- | --- |

9.3.2016

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Official Journal of the European Union

C 93/369

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P7_TA(2013)0356

Draft amending budget No 5/2013 — Mobilisation of the Solidarity Fund following flooding in Slovenia, Croatia and Austria in 2012

European Parliament resolution of 11 September 2013 on the Council position on Draft amending budget No 5/2013 of the European Union for the financial year 2013, Section III — Commission (11697/2013 — C7-0248/2013 — 2013/2086(BUD))

(2016/C 093/42)

The European Parliament,

| — | having regard to Article 314 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty, |
| --- | --- |

—

having regard to Article 314 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty,

| — | having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), |
| --- | --- |

—

having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1),

| — | having regard to the general budget of the European Union for the financial year 2013, as definitively adopted on 12 December 2012 (2), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2013, as definitively adopted on 12 December 2012 (2),

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3), and in particular point 26 thereof, |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3), and in particular point 26 thereof,

| — | having regard to Decision of the European Parliament and of the Council of 22 July 2013 amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multiannual financial framework, to take account of the expenditure requirements resulting from the accession of Croatia to the European Union (4), |
| --- | --- |

—

having regard to Decision of the European Parliament and of the Council of 22 July 2013 amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multiannual financial framework, to take account of the expenditure requirements resulting from the accession of Croatia to the European Union (4),

| — | having regard to Draft amending budget No 5/2013 of the European Union for the financial year 2013, which the Commission adopted on 2 May 2013 (COM(2013)0258), |
| --- | --- |

—

having regard to Draft amending budget No 5/2013 of the European Union for the financial year 2013, which the Commission adopted on 2 May 2013 (COM(2013)0258),

| — | having regard to the position on Draft amending budget No 5/2013 which the Council adopted on 15 July 2013 (11697/2013 — C7-0248/2013), |
| --- | --- |

—

having regard to the position on Draft amending budget No 5/2013 which the Council adopted on 15 July 2013 (11697/2013 — C7-0248/2013),

| — | having regard to Rules 75b and 75e of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 75b and 75e of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A7-0286/2013), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A7-0286/2013),

| A. | whereas Draft amending budget No 5/2013 relates to the mobilisation of the EU Solidarity Fund (EUSF) for an amount of EUR 14 607 942 in commitment and payment appropriations in relation to the intense rainfalls and the consequent flooding disaster that hit Slovenia, Croatia and Austria in autumn 2012; |
| --- | --- |

A.

whereas Draft amending budget No 5/2013 relates to the mobilisation of the EU Solidarity Fund (EUSF) for an amount of EUR 14 607 942 in commitment and payment appropriations in relation to the intense rainfalls and the consequent flooding disaster that hit Slovenia, Croatia and Austria in autumn 2012;

| B. | whereas the purpose of Draft amending budget No 5/2013 is to formally enter this budgetary adjustment into the 2013 budget; |
| --- | --- |

B.

whereas the purpose of Draft amending budget No 5/2013 is to formally enter this budgetary adjustment into the 2013 budget;

| 1. | Takes note of Draft amending budget No 5/2013, as submitted by the Commission and of the Council's position thereon; |
| --- | --- |

1.

Takes note of Draft amending budget No 5/2013, as submitted by the Commission and of the Council's position thereon;

| 2. | Stresses the urgency in releasing financial assistance through the EUSF to the countries affected by this natural disaster; regrets that the Council has once again decided not to shorten for reasons of urgency, as explicitly foreseen by Article 4 of Protocol 1 of the Treaty, the eight weeks for information of the national parliaments, before adopting its position on this Amending budget; |
| --- | --- |

2.

Stresses the urgency in releasing financial assistance through the EUSF to the countries affected by this natural disaster; regrets that the Council has once again decided not to shorten for reasons of urgency, as explicitly foreseen by Article 4 of Protocol 1 of the Treaty, the eight weeks for information of the national parliaments, before adopting its position on this Amending budget;

| 3. | Welcomes the Council's position which confirms the Commission's proposal without amendment, thus ensuring that Amending budget No 5/2013 is covered by fresh appropriations; recalls that the shortage of payment appropriations for 2013, which was at the origin of the presentation of DAB 2/2013, excluded a priori that the resources for Amending budget No 5/2013 could be provided by redeployment; |
| --- | --- |

3.

Welcomes the Council's position which confirms the Commission's proposal without amendment, thus ensuring that Amending budget No 5/2013 is covered by fresh appropriations; recalls that the shortage of payment appropriations for 2013, which was at the origin of the presentation of DAB 2/2013, excluded a priori that the resources for Amending budget No 5/2013 could be provided by redeployment;

| 4. | Approves therefore the Council position on Draft amending budget No 5/2013; |
| --- | --- |

4.

Approves therefore the Council position on Draft amending budget No 5/2013;

| 5. | Instructs its President to declare that Amending budget No 5/2013 has been definitively adopted and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

5.

Instructs its President to declare that Amending budget No 5/2013 has been definitively adopted and arrange for its publication in the Official Journal of the European Union;

| 6. | Instructs its President to forward this resolution to the Council, the Commission and the national parliaments. |
| --- | --- |

6.

Instructs its President to forward this resolution to the Council, the Commission and the national parliaments.

---

(1)  OJ L 298, 26.10.2012, p. 1.

(2)  OJ L 66, 8.3.2013.

(3)  OJ C 139, 14.6.2006, p. 1.

(4)  OJ L 209, 3.8.2013, p. 14.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/371 |
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C 93/371

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P7_TA(2013)0357

Fuel quality directive and renewable energy ***I

European Parliament legislative resolution of 11 September 2013 on the proposal for a directive of the European Parliament and of the Council amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources (COM(2012)0595 — C7-0337/2012 — 2012/0288(COD))

(Ordinary legislative procedure: first reading)

(2016/C 093/43)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0595), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0595),

| — | having regard to Article 294(2) and Articles 192(1) and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0337/2012), |
| --- | --- |

—

having regard to Article 294(2) and Articles 192(1) and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0337/2012),

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

—

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

| — | having regard to the opinion of the European Economic and Social Committee of 17 April 2013 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 17 April 2013 (1),

| — | after consulting the Committee of the Regions, |
| --- | --- |

—

after consulting the Committee of the Regions,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy, the Committee on Development, the Committee on International Trade, the Committee on Transport and Tourism, the Committee on Regional Development and the Committee on Agriculture and Rural Development(A7-0279/2013); |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy, the Committee on Development, the Committee on International Trade, the Committee on Transport and Tourism, the Committee on Regional Development and the Committee on Agriculture and Rural Development(A7-0279/2013);

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

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

3.

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

---

(1)  OJ C 198, 10.7.2013, p. 56.

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P7_TC1-COD(2012)0288

Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof, in conjunction with Article 114 thereof in relation to Article 1(2) to 1(9) and Article 2(5) to 2(7) of this Directive,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Article 3(4) of Directive 2009/28/EC of the European Parliament and of the Council (3) requires Member States to ensure that the share of energy from renewable energy sources in all forms of transport in 2020 is at least 10 % of their final energy consumption. The blending of biofuels is one of the methods available for Member States to meet this target, and is expected to be the main contributor.
  Other methods available to meet the target are the reduction of energy consumption, which is imperative because a mandatory percentage target for energy from renewable sources is likely to become increasingly difficult to achieve sustainably if overall demand for energy for transport continues to rise, and the use of electricity from renewable energy sources. [Am. 123] |
| --- | --- |

(1)

Article 3(4) of Directive 2009/28/EC of the European Parliament and of the Council (3) requires Member States to ensure that the share of energy from renewable energy sources in all forms of transport in 2020 is at least 10 % of their final energy consumption. The blending of biofuels is one of the methods available for Member States to meet this target, and is expected to be the main contributor.
  Other methods available to meet the target are the reduction of energy consumption, which is imperative because a mandatory percentage target for energy from renewable sources is likely to become increasingly difficult to achieve sustainably if overall demand for energy for transport continues to rise, and the use of electricity from renewable energy sources. [Am. 123]

| (2) | In view of the Union’s objectives to further reduce greenhouse gas emissions and the significant contribution that road transport fuels make to those emissions, Article 7a(2) of Directive 98/70/EC of the European Parliament and of the Council (4) requires fuel suppliers to reduce by at least 6 % by 31 December 2020 the life cycle greenhouse gas emissions per unit of energy (‘greenhouse gas intensity’) of fuels used in the Union by road vehicles, non-road mobile machinery, agricultural and forestry tractors and recreational craft when not at sea. The blending of
  zero or low greenhouse gas emissions
  biofuels is one of

  and other fuels derived from unavoidable waste gas using carbon capture and utilisation for transport purposes are among
  the methods available for fossil fuel suppliers to reduce the greenhouse gas intensity of the fossil fuels supplied. [Am. 2] |
| --- | --- |

(2)

In view of the Union’s objectives to further reduce greenhouse gas emissions and the significant contribution that road transport fuels make to those emissions, Article 7a(2) of Directive 98/70/EC of the European Parliament and of the Council (4) requires fuel suppliers to reduce by at least 6 % by 31 December 2020 the life cycle greenhouse gas emissions per unit of energy (‘greenhouse gas intensity’) of fuels used in the Union by road vehicles, non-road mobile machinery, agricultural and forestry tractors and recreational craft when not at sea. The blending of
  zero or low greenhouse gas emissions
  biofuels is one of

  and other fuels derived from unavoidable waste gas using carbon capture and utilisation for transport purposes are among
  the methods available for fossil fuel suppliers to reduce the greenhouse gas intensity of the fossil fuels supplied. [Am. 2]

| (3) | Article 17 of Directive 2009/28/EC establishes sustainability criteria that biofuels and bioliquids need to comply with in order to be counted towards the targets in the Directive and to qualify for inclusion in public support schemes. These criteria include requirements on the minimum greenhouse gas emission savings that biofuels and bioliquids need to achieve compared to fossil fuels. Identical sustainability criteria are established for biofuels under Article 7b of Directive 98/70/EC. |
| --- | --- |

(3)

Article 17 of Directive 2009/28/EC establishes sustainability criteria that biofuels and bioliquids need to comply with in order to be counted towards the targets in the Directive and to qualify for inclusion in public support schemes. These criteria include requirements on the minimum greenhouse gas emission savings that biofuels and bioliquids need to achieve compared to fossil fuels. Identical sustainability criteria are established for biofuels under Article 7b of Directive 98/70/EC.

| (3a) | Although Directives 98/70/EC and 2009/28/EC refer to ‘biofuels and bioliquids’, their provisions, including the relevant sustainability criteria, apply to all renewable fuels defined therein. [Am. 4] |
| --- | --- |

(3a)

Although Directives 98/70/EC and 2009/28/EC refer to ‘biofuels and bioliquids’, their provisions, including the relevant sustainability criteria, apply to all renewable fuels defined therein. [Am. 4]

| (4) | Where pasture or agricultural land previously destined for the food, feed and fibre markets is diverted to biofuel production, the non-fuel demand will still need to be satisfied either through intensification of current production or by bringing non-agricultural land into production elsewhere. The latter case represents indirect land-use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions. Directives 98/70/EC and 2009/28/EC should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land.
  [Am. 124] |
| --- | --- |

(4)

Where pasture or agricultural land previously destined for the food, feed and fibre markets is diverted to biofuel production, the non-fuel demand will still need to be satisfied either through intensification of current production or by bringing non-agricultural land into production elsewhere. The latter case represents indirect land-use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions. Directives 98/70/EC and 2009/28/EC should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land.
  [Am. 124]

| (4a) | Article 19(7) of Directive 2009/28/EC and Article 7d(6) of Directive 98/70/EC require appropriate steps to be taken to address the impact of indirect land-use changes on greenhouse gas emissions, while taking due account of the need to protect investments already made. [Am. 126] |
| --- | --- |

(4a)

Article 19(7) of Directive 2009/28/EC and Article 7d(6) of Directive 98/70/EC require appropriate steps to be taken to address the impact of indirect land-use changes on greenhouse gas emissions, while taking due account of the need to protect investments already made. [Am. 126]

| (5) | Based on forecasts of biofuel demand provided by the Member States and estimates of indirect land-use change emissions for different biofuel feedstocks, it is likely that greenhouse gas emissions linked to indirect land-use change are significant, and
  will

  could negate some or all of the greenhouse gas savings of individual biofuels. This is because
  land-based biofuels have received a large amount of public subsidies (EUR 10 billion (EUR 10 000 000 000) a year) and therefore,
  almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets.
  Furthermore, biofuel production from food crops contributes to food price volatility and may have a significant negative social impact on livelihoods and the ability to implement human rights, including the right to food or access to land for local communities living in poverty in countries outside the Union.
  In order to reduce such emissions
  and such negative social impact and mitigate negative effects on food security
  , it is appropriate to distinguish between crop groups such as oil crops, cereals, sugars and other starch containing crops accordingly.

  focus, in particular, on reducing the projected use of biofuels grown on land, as well as taking into account indirect land-use change emissions when calculating the greenhouse gas emission savings required under the sustainability criteria set out in Directives 2009/28/EC and 98/70/EC
  .
  Furthermore, in order to find medium and long-term solutions, it is necessary to encourage research and development in new advanced biofuels sectors that are not in competition with food crops and to further study the impact of different groups of crops on both direct and indirect land-use changes. [Am. 8] |
| --- | --- |

(5)

Based on forecasts of biofuel demand provided by the Member States and estimates of indirect land-use change emissions for different biofuel feedstocks, it is likely that greenhouse gas emissions linked to indirect land-use change are significant, and
  will

  could negate some or all of the greenhouse gas savings of individual biofuels. This is because
  land-based biofuels have received a large amount of public subsidies (EUR 10 billion (EUR 10 000 000 000) a year) and therefore,
  almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets.
  Furthermore, biofuel production from food crops contributes to food price volatility and may have a significant negative social impact on livelihoods and the ability to implement human rights, including the right to food or access to land for local communities living in poverty in countries outside the Union.
  In order to reduce such emissions
  and such negative social impact and mitigate negative effects on food security
  , it is appropriate to distinguish between crop groups such as oil crops, cereals, sugars and other starch containing crops accordingly.

  focus, in particular, on reducing the projected use of biofuels grown on land, as well as taking into account indirect land-use change emissions when calculating the greenhouse gas emission savings required under the sustainability criteria set out in Directives 2009/28/EC and 98/70/EC
  .
  Furthermore, in order to find medium and long-term solutions, it is necessary to encourage research and development in new advanced biofuels sectors that are not in competition with food crops and to further study the impact of different groups of crops on both direct and indirect land-use changes. [Am. 8]

| (6) | Liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions. Advanced biofuels, such as those made from wastes and algae, provide high greenhouse gas savings with low risk of causing indirect land-use change and do not compete directly for agricultural land for the food and feed markets. It is appropriate, therefore, to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities, in part due to competition for public subsidies with established food crop based biofuel technologies. Further incentives should be provided by increasing the weighting of advanced biofuels towards 10 % target for transport set in Directive 2009/28/EC compared to conventional biofuels. In this context, only advanced biofuels with low estimated indirect land-use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework. |
| --- | --- |

(6)

Liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions. Advanced biofuels, such as those made from wastes and algae, provide high greenhouse gas savings with low risk of causing indirect land-use change and do not compete directly for agricultural land for the food and feed markets. It is appropriate, therefore, to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities, in part due to competition for public subsidies with established food crop based biofuel technologies. Further incentives should be provided by increasing the weighting of advanced biofuels towards 10 % target for transport set in Directive 2009/28/EC compared to conventional biofuels. In this context, only advanced biofuels with low estimated indirect land-use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework.

| (6a) | In order to ensure the efficiency of incentivising measures, particularly those aimed at promoting advanced biofuels, it is essential that the support policies and mechanisms established by Member States provide for the identification, authentication and quality control of biofuel volumes to prevent fraudulent or misleading claims about the origin of a biofuel product, and deter the submission of multiple declarations of biofuels volumes under two or more national systems or international accreditation schemes. [Am. 11] |
| --- | --- |

(6a)

In order to ensure the efficiency of incentivising measures, particularly those aimed at promoting advanced biofuels, it is essential that the support policies and mechanisms established by Member States provide for the identification, authentication and quality control of biofuel volumes to prevent fraudulent or misleading claims about the origin of a biofuel product, and deter the submission of multiple declarations of biofuels volumes under two or more national systems or international accreditation schemes. [Am. 11]

| (6b) | While biofuels and bioliquids produced from waste and residues have the potential to achieve high greenhouse gas emission savings while causing low adverse environmental, social and economic impacts, further assessment of their availability, benefits and risks is appropriate, inter alia, to inform post-2020 policy. At the same time, further information is needed about the energy security benefits of both conventional and advanced biofuels, particularly insofar as fossil fuels are directly or indirectly used for their production. A mandate should be given to the Commission to submit a report and, if appropriate, make proposals to the European Parliament and the Council in relation to these matters. The report should take into account the environmental, social and economic opportunity cost of using raw materials for purposes other than biofuel and bioliquid production in order to ensure that overall positive and adverse impacts are reflected in the report. [Am. 12] |
| --- | --- |

(6b)

While biofuels and bioliquids produced from waste and residues have the potential to achieve high greenhouse gas emission savings while causing low adverse environmental, social and economic impacts, further assessment of their availability, benefits and risks is appropriate, inter alia, to inform post-2020 policy. At the same time, further information is needed about the energy security benefits of both conventional and advanced biofuels, particularly insofar as fossil fuels are directly or indirectly used for their production. A mandate should be given to the Commission to submit a report and, if appropriate, make proposals to the European Parliament and the Council in relation to these matters. The report should take into account the environmental, social and economic opportunity cost of using raw materials for purposes other than biofuel and bioliquid production in order to ensure that overall positive and adverse impacts are reflected in the report. [Am. 12]

| (6c) | In all Member States, conventional and advanced biofuels of a consistent and high quality should be available. To help achieve this goal, the Commission should, as a matter of urgency, give a clear mandate to the European Committee for Standardisation (CEN) to prepare technical performance standards for advanced biofuels and final fuel blends and, where necessary, to revise conventional biofuel standards to ensure that the quality of the final fuel product will not reduce the CO2 emissions performance or the overall operational performance of vehicles. [Am. 13] |
| --- | --- |

(6c)

In all Member States, conventional and advanced biofuels of a consistent and high quality should be available. To help achieve this goal, the Commission should, as a matter of urgency, give a clear mandate to the European Committee for Standardisation (CEN) to prepare technical performance standards for advanced biofuels and final fuel blends and, where necessary, to revise conventional biofuel standards to ensure that the quality of the final fuel product will not reduce the CO2 emissions performance or the overall operational performance of vehicles. [Am. 13]

| (7) | In order to ensure the long-term competitiveness of bio-based industrial sectors, and in line with the 2012 Communication ‘Innovating for Sustainable growth: A Bioeconomy for Europe’ and the Roadmap to a Resource Efficient Europe, promoting integrated and diversified biorefineries across Europe, enhanced incentives under Directive 2009/28/EC should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels
  or which do not impact on the environment in such a way as to compromise local ecosystems by depriving food crops of land and water
  . [Am. 129] |
| --- | --- |

(7)

In order to ensure the long-term competitiveness of bio-based industrial sectors, and in line with the 2012 Communication ‘Innovating for Sustainable growth: A Bioeconomy for Europe’ and the Roadmap to a Resource Efficient Europe, promoting integrated and diversified biorefineries across Europe, enhanced incentives under Directive 2009/28/EC should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels
  or which do not impact on the environment in such a way as to compromise local ecosystems by depriving food crops of land and water
  . [Am. 129]

| (7a) | Coherence between Directive 98/70/EC, Directive 2009/28/EC and legislation in other areas of Union policy should be improved in order to exploit synergies and improve legal certainty. Definitions of waste and residues for the purposes of Directive 98/70/EC and Directive 2009/28/EC should be harmonised with those established by Directive 2008/98/EC of the European Parliament and of the Council

   (5)

  . The waste and residues streams listed in Directive 98/70/EC and Directive 2009/28/EC should be better identified by means of the waste codes in the European catalogue of waste established by Commission Decision 2000/532/EC

   (6)

  in order to facilitate the application of those Directives by competent authorities in the Member States. Promotion of biofuels and bioliquids in accordance with Directive 98/70/EC and Directive 2009/28/EC should be consistent with the objectives and purpose of Directive 2008/98/EC. In order to achieve the Union's goal to move towards a recycling society, the waste hierarchy set out in Article 4 of Directive 2008/98/EC should be fully implemented. With a view to facilitating this, the use of waste and residues for the production of biofuels and bioliquids should become part of the waste management plans and waste prevention programmes established by Member States in accordance with Chapter V of Directive 2008/98/EC. The application of Directive 98/70/EC and Directive 2009/28/EC should not jeopardise the full implementation of Directive 2008/98/EC. [Am. 16] |
| --- | --- |

(7a)

Coherence between Directive 98/70/EC, Directive 2009/28/EC and legislation in other areas of Union policy should be improved in order to exploit synergies and improve legal certainty. Definitions of waste and residues for the purposes of Directive 98/70/EC and Directive 2009/28/EC should be harmonised with those established by Directive 2008/98/EC of the European Parliament and of the Council

   (5)

  . The waste and residues streams listed in Directive 98/70/EC and Directive 2009/28/EC should be better identified by means of the waste codes in the European catalogue of waste established by Commission Decision 2000/532/EC

   (6)

  in order to facilitate the application of those Directives by competent authorities in the Member States. Promotion of biofuels and bioliquids in accordance with Directive 98/70/EC and Directive 2009/28/EC should be consistent with the objectives and purpose of Directive 2008/98/EC. In order to achieve the Union's goal to move towards a recycling society, the waste hierarchy set out in Article 4 of Directive 2008/98/EC should be fully implemented. With a view to facilitating this, the use of waste and residues for the production of biofuels and bioliquids should become part of the waste management plans and waste prevention programmes established by Member States in accordance with Chapter V of Directive 2008/98/EC. The application of Directive 98/70/EC and Directive 2009/28/EC should not jeopardise the full implementation of Directive 2008/98/EC. [Am. 16]

| (8) | The minimum greenhouse gas saving threshold for biofuels and bioliquids produced in new installations should be increased with effect from 1 July 2014 in order to improve their overall greenhouse gas balance as well as discouraging further investments in installations with low greenhouse gas savings performance. This increase provides for investment safeguards in biofuels and bioliquids production capacities in conformity with Article 19(6) second subparagraph of Directive 2009/28/EC. |
| --- | --- |

(8)

The minimum greenhouse gas saving threshold for biofuels and bioliquids produced in new installations should be increased with effect from 1 July 2014 in order to improve their overall greenhouse gas balance as well as discouraging further investments in installations with low greenhouse gas savings performance. This increase provides for investment safeguards in biofuels and bioliquids production capacities in conformity with Article 19(6) second subparagraph of Directive 2009/28/EC.

| (8a) | In promoting the development of the market in renewable energy carriers and fuels, account should be taken of their impact not only on climate but also on regional and local development opportunities and employment. Production of second-generation and advanced biofuels has the potential to create employment and generate growth, particularly in rural areas. The energy self-sufficiency and security of supply of regions of the Union are also objectives of the promotion of markets in renewable energy and fuels. [Am. 17] |
| --- | --- |

(8a)

In promoting the development of the market in renewable energy carriers and fuels, account should be taken of their impact not only on climate but also on regional and local development opportunities and employment. Production of second-generation and advanced biofuels has the potential to create employment and generate growth, particularly in rural areas. The energy self-sufficiency and security of supply of regions of the Union are also objectives of the promotion of markets in renewable energy and fuels. [Am. 17]

| (9) | To prepare for the transition towards advanced biofuels and minimise the overall indirect land-use change impacts in the period to 2020, it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops in part A of Annex VIII to Directive 2009/28/EC and part A of Annex V to Directive 98/70/EC that can be counted towards targets set out in Directive 2009/28/EC. Without restricting the overall use of such biofuels, the share of biofuels and bioliquids produced from cereal and other starch rich crops, sugar and oil crops that can be counted towards the targets of Directive 2009/28/EC should be limited to the share of such biofuels and bioliquids consumed in 2011. |
| --- | --- |

(9)

To prepare for the transition towards advanced biofuels and minimise the overall indirect land-use change impacts in the period to 2020, it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops in part A of Annex VIII to Directive 2009/28/EC and part A of Annex V to Directive 98/70/EC that can be counted towards targets set out in Directive 2009/28/EC. Without restricting the overall use of such biofuels, the share of biofuels and bioliquids produced from cereal and other starch rich crops, sugar and oil crops that can be counted towards the targets of Directive 2009/28/EC should be limited to the share of such biofuels and bioliquids consumed in 2011.

| (10) | The 5 %

  6 %
  limit set up in Article 3(4)(d) of Directive 2009/28/EC does not affect the Member States' freedom to arrange their own trajectory as to compliance with this prescribed share of conventional biofuels within the overall 10 % target. As a consequence, the access to the market of the biofuels produced by the installations in operation before the end of 2013 remains fully open. Therefore this amending directive does not affect the legitimate expectations of the operators of such installations. [Am. 183] |
| --- | --- |

(10)

The 5 %

  6 %
  limit set up in Article 3(4)(d) of Directive 2009/28/EC does not affect the Member States' freedom to arrange their own trajectory as to compliance with this prescribed share of conventional biofuels within the overall 10 % target. As a consequence, the access to the market of the biofuels produced by the installations in operation before the end of 2013 remains fully open. Therefore this amending directive does not affect the legitimate expectations of the operators of such installations. [Am. 183]

| (10a) | Incentives should be provided to stimulate the use of electricity from renewable sources in the transport sector. Furthermore, energy efficiency and energy saving measures in the transport sector should be encouraged. [Am. 133] |
| --- | --- |

(10a)

Incentives should be provided to stimulate the use of electricity from renewable sources in the transport sector. Furthermore, energy efficiency and energy saving measures in the transport sector should be encouraged. [Am. 133]

| (11) | The estimated indirect land-use change emissions should be included in the reporting of greenhouse gas emissions from biofuels under Directives 98/70/EC and 2009/28/EC. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstocks, should be assigned a zero emissions factor. |
| --- | --- |

(11)

The estimated indirect land-use change emissions should be included in the reporting of greenhouse gas emissions from biofuels under Directives 98/70/EC and 2009/28/EC. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstocks, should be assigned a zero emissions factor.

| (11a) | Member States should be allowed to channel financial resources currently deployed with a view to achieving, either wholly or in part, their share of energy from biofuels produced from cereal and other starch-rich crops, sugars, oil crops and other land-based energy crops into renewable energies — in particular wind, solar, wave and geothermal energy — that have demonstrated their renewability and sustainability. [Am. 22] |
| --- | --- |

(11a)

Member States should be allowed to channel financial resources currently deployed with a view to achieving, either wholly or in part, their share of energy from biofuels produced from cereal and other starch-rich crops, sugars, oil crops and other land-based energy crops into renewable energies — in particular wind, solar, wave and geothermal energy — that have demonstrated their renewability and sustainability. [Am. 22]

| (11b) | Voluntary schemes recognised by the Commission are the main instruments that are used by economic operators to show compliance with the sustainability criteria set out in Article 7b of Directive 98/70/EC and Article 17 of Directive 2009/28/EC. However, there is a lack of criteria that those schemes need to comply with in order to obtain recognition. Clearer rules should therefore be laid down. Only schemes that provide effective mechanisms for guaranteeing the independence and reliability of audits and the involvement of local and indigenous communities should be considered as compliant with this Directive. Those schemes should further include clear and stringent rules on the exclusion of consignments of biofuels and bioliquids from the scheme in case of non-compliance with its provisions. In order to monitor and enforce the effective operation of the schemes, the Commission should be able to access and disclose all relevant documents that give rise to concerns about malpractices. [Am. 23] |
| --- | --- |

(11b)

Voluntary schemes recognised by the Commission are the main instruments that are used by economic operators to show compliance with the sustainability criteria set out in Article 7b of Directive 98/70/EC and Article 17 of Directive 2009/28/EC. However, there is a lack of criteria that those schemes need to comply with in order to obtain recognition. Clearer rules should therefore be laid down. Only schemes that provide effective mechanisms for guaranteeing the independence and reliability of audits and the involvement of local and indigenous communities should be considered as compliant with this Directive. Those schemes should further include clear and stringent rules on the exclusion of consignments of biofuels and bioliquids from the scheme in case of non-compliance with its provisions. In order to monitor and enforce the effective operation of the schemes, the Commission should be able to access and disclose all relevant documents that give rise to concerns about malpractices. [Am. 23]

| (11c) | Directive 98/70/EC and Directive 2009/28/EC do not contain any provisions concerning the recognition process of those voluntary schemes and are therefore not effective in ensuring compliance with sustainability criteria and transparent. It is therefore appropriate for the Commission to set mandatory minimum requirements for those schemes to be considered as giving presumption of compliance with sustainability criteria. [Am. 24] |
| --- | --- |

(11c)

Directive 98/70/EC and Directive 2009/28/EC do not contain any provisions concerning the recognition process of those voluntary schemes and are therefore not effective in ensuring compliance with sustainability criteria and transparent. It is therefore appropriate for the Commission to set mandatory minimum requirements for those schemes to be considered as giving presumption of compliance with sustainability criteria. [Am. 24]

| (11d) | The use of land for growing biofuel feedstocks should not result in the displacement of local and indigenous communities. Special measures to protect indigenous communities’ land therefore need to be introduced. [Am. 25] |
| --- | --- |

(11d)

The use of land for growing biofuel feedstocks should not result in the displacement of local and indigenous communities. Special measures to protect indigenous communities’ land therefore need to be introduced. [Am. 25]

| (11e) | Directives 98/70/EC and 2009/28/EC provide for different treatment for feedstocks according to whether they are classified as waste, residues or co-products. However, the current lack of definitions for these categories is a source of uncertainty which could hamper proper implementation and compliance. An indicative list of the feedstocks in each category should therefore be drawn up. [Am. 27] |
| --- | --- |

(11e)

Directives 98/70/EC and 2009/28/EC provide for different treatment for feedstocks according to whether they are classified as waste, residues or co-products. However, the current lack of definitions for these categories is a source of uncertainty which could hamper proper implementation and compliance. An indicative list of the feedstocks in each category should therefore be drawn up. [Am. 27]

| (12) | The Commission should review the methodology for estimating land-use change emission factors included in Annexes VIII and V to Directives 2009/28/EC and 98/70/EC respectively in the light of adaptation to technical and scientific progress. To this end, and if warranted by the latest available scientific evidence, the Commission should consider the possibility of revising the proposed crop group indirect land-use change factors, as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market. |
| --- | --- |

(12)

The Commission should review the methodology for estimating land-use change emission factors included in Annexes VIII and V to Directives 2009/28/EC and 98/70/EC respectively in the light of adaptation to technical and scientific progress. To this end, and if warranted by the latest available scientific evidence, the Commission should consider the possibility of revising the proposed crop group indirect land-use change factors, as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market.

| (13) | Article 19(8) of Directive 2009/28/EC and Article 7d(8) of Directive 98/70/EC include provisions for encouraging the cultivation of biofuels in severely degraded and heavily contaminated land as an interim measure for mitigating against indirect land-use change. These provisions are no longer adequate in their current form and need to be integrated in the approach laid out in this Directive to ensure that overall actions for minimising emission from indirect land-use change remain coherent. |
| --- | --- |

(13)

Article 19(8) of Directive 2009/28/EC and Article 7d(8) of Directive 98/70/EC include provisions for encouraging the cultivation of biofuels in severely degraded and heavily contaminated land as an interim measure for mitigating against indirect land-use change. These provisions are no longer adequate in their current form and need to be integrated in the approach laid out in this Directive to ensure that overall actions for minimising emission from indirect land-use change remain coherent.

| (14) | It is appropriate to align the rules for using default values to ensure equal treatment for producers regardless of where the production takes place. While third countries are allowed to use default values, EU producers are required to use actual values where they are higher than the default values, or a report has not been submitted by the Member State, increasing their administrative burden. Therefore, current rules should be simplified so that the use of default values is not limited to areas within the Union included in the lists referred to in Article 19(2) of Directive 2009/28/EC and Article 7d(2) of Directive 98/70/EC. |
| --- | --- |

(14)

It is appropriate to align the rules for using default values to ensure equal treatment for producers regardless of where the production takes place. While third countries are allowed to use default values, EU producers are required to use actual values where they are higher than the default values, or a report has not been submitted by the Member State, increasing their administrative burden. Therefore, current rules should be simplified so that the use of default values is not limited to areas within the Union included in the lists referred to in Article 19(2) of Directive 2009/28/EC and Article 7d(2) of Directive 98/70/EC.

| (14a) | With a view to meeting the target for renewable energies in the transport sector while minimising the negative impacts of land-use change, renewable electricity, modal shift, greater use of public transport and energy efficiency should be encouraged. In line with the White Paper on Transport, Member States should therefore seek to secure greater energy efficiency and reduce overall energy consumption in transport and at the same time to enhance the market penetration of electric vehicles and the take-up of renewable electricity in transport systems. [Ams. 29 and 139] |
| --- | --- |

(14a)

With a view to meeting the target for renewable energies in the transport sector while minimising the negative impacts of land-use change, renewable electricity, modal shift, greater use of public transport and energy efficiency should be encouraged. In line with the White Paper on Transport, Member States should therefore seek to secure greater energy efficiency and reduce overall energy consumption in transport and at the same time to enhance the market penetration of electric vehicles and the take-up of renewable electricity in transport systems. [Ams. 29 and 139]

| (15) | The objectives of this Directive, to

  should
  ensure a single market for fuel for road

  the
  transport and non-road mobile machinery

  sector
  and ensure respect for

  that
  minimum levels of environmental protection from use of this fuel,

  are respected and adverse effects on food security and land-use rights are avoided in connection with the production and use of such fuel. Since these objectives
  cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the Functioning of the European Union. 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 those objectives. [Am. 30] |
| --- | --- |

(15)

The objectives of this Directive, to

  should
  ensure a single market for fuel for road

  the
  transport and non-road mobile machinery

  sector
  and ensure respect for

  that
  minimum levels of environmental protection from use of this fuel,

  are respected and adverse effects on food security and land-use rights are avoided in connection with the production and use of such fuel. Since these objectives
  cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the Functioning of the European Union. 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 those objectives. [Am. 30]

| (16) | As a consequence of the entry into force of the Treaty on the Functioning of the European Union, the powers conferred under Directives 2009/28/EC and 98/70/EC upon the Commission need to be aligned to Article 290 of that Treaty. |
| --- | --- |

(16)

As a consequence of the entry into force of the Treaty on the Functioning of the European Union, the powers conferred under Directives 2009/28/EC and 98/70/EC upon the Commission need to be aligned to Article 290 of that Treaty.

| (17) | In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (7). |
| --- | --- |

(17)

In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (7).

| (18) | In order to permit adaptation to technical and scientific progress of Directive 98/70/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the mechanism to monitor and reduce greenhouse gas emissions, the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels, criteria and geographic ranges for determining highly diverse grassland, the methodology for the calculation and reporting of lifecycle greenhouse gas emissions, the methodology for the calculation of indirect land-use change emissions, the permitted level related to the metallic additives content in fuels, the permitted analytical methods related to the fuel specifications and the vapour pressure waiver permitted for petrol containing bioethanol. |
| --- | --- |

(18)

In order to permit adaptation to technical and scientific progress of Directive 98/70/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the mechanism to monitor and reduce greenhouse gas emissions, the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels, criteria and geographic ranges for determining highly diverse grassland, the methodology for the calculation and reporting of lifecycle greenhouse gas emissions, the methodology for the calculation of indirect land-use change emissions, the permitted level related to the metallic additives content in fuels, the permitted analytical methods related to the fuel specifications and the vapour pressure waiver permitted for petrol containing bioethanol.

| (19) | In order to permit adaptation to technical and scientific progress of Directive 2009/28/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the list of biofuel feedstocks that are counted multiple times towards the target set in Article 3(4), the energy content of transport fuels, criteria and geographic ranges for determining highly biodiverse grassland, the methodology for the calculation of indirect land-use change emissions, and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids. |
| --- | --- |

(19)

In order to permit adaptation to technical and scientific progress of Directive 2009/28/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the list of biofuel feedstocks that are counted multiple times towards the target set in Article 3(4), the energy content of transport fuels, criteria and geographic ranges for determining highly biodiverse grassland, the methodology for the calculation of indirect land-use change emissions, and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids.

| (20) | The Commission should review the effectiveness of the measures introduced by this Directive, based on the best and latest available scientific evidence, in limiting indirect land-use change greenhouse gas emissions and addressing ways to further minimise that impact, which could include the introduction of estimated indirect land-use change emission factors in the sustainability scheme as of 1 January 2021. |
| --- | --- |

(20)

The Commission should review the effectiveness of the measures introduced by this Directive, based on the best and latest available scientific evidence, in limiting indirect land-use change greenhouse gas emissions and addressing ways to further minimise that impact, which could include the introduction of estimated indirect land-use change emission factors in the sustainability scheme as of 1 January 2021.

| (21) | It is of particular importance that the Commission in application of this Directive carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. |
| --- | --- |

(21)

It is of particular importance that the Commission in application of this Directive carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

| (22) | In accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified. |
| --- | --- |

(22)

In accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.

| (23) | Directives 98/70/EC and 2009/28/EC should therefore be amended accordingly, |
| --- | --- |

(23)

Directives 98/70/EC and 2009/28/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 98/70/EC

Directive 98/70/EC is amended as follows:

| -1. | In Article 2 the following points are added:




  ‘9a.
     
  “non-food cellulosic material” means land-based non-food energy crops grown for bio-energy production purposes, including miscanthus, other energy grasses, certain varieties of sorghum and industrial hemp, but excluding crops with a high lignin content, such as trees. [Am. 34]



  9b.
     
  “non-food ligno-cellulosic material” means land-based woody energy crops such as short-rotation coppice and short-rotation forestry crops. [Am. 35]



  9c.
     
  “direct land-use change” means any change in the use of a piece of land from one to another of the six IPCC land cover categories (forest land, cropland, grazing land, wetlands, settlements, other land) plus a seventh category for perennial crops, covering in particular multiannual crops whose stem is usually not annually harvested, such as short-rotation coppice and palm oil. [Am. 36]



  9d.
     
  “renewable liquid and gaseous fuels of non-biological origin” means gaseous or liquid fuels other than biofuels whose energy content comes from renewable energy sources other than biomass and which are used in transport.’


  [Am. 37] |
| --- | --- |

-1.

In Article 2 the following points are added:

‘9a.
     
  “non-food cellulosic material” means land-based non-food energy crops grown for bio-energy production purposes, including miscanthus, other energy grasses, certain varieties of sorghum and industrial hemp, but excluding crops with a high lignin content, such as trees. [Am. 34]

9b.
     
  “non-food ligno-cellulosic material” means land-based woody energy crops such as short-rotation coppice and short-rotation forestry crops. [Am. 35]

9c.
     
  “direct land-use change” means any change in the use of a piece of land from one to another of the six IPCC land cover categories (forest land, cropland, grazing land, wetlands, settlements, other land) plus a seventh category for perennial crops, covering in particular multiannual crops whose stem is usually not annually harvested, such as short-rotation coppice and palm oil. [Am. 36]

9d.
     
  “renewable liquid and gaseous fuels of non-biological origin” means gaseous or liquid fuels other than biofuels whose energy content comes from renewable energy sources other than biomass and which are used in transport.’

| -1a. | In Article 3, paragraph 3 is replaced by the following:




  ‘3.
     
  Member States shall require suppliers to ensure the placing on the market of petrol with a maximum oxygen content of 2,7 % and a maximum ethanol content of 5 % until the end of 2018 and may require the placing on the market of such petrol for a longer period if they consider it necessary. They shall ensure the provision of appropriate information to consumers directly at the fuel filler pump concerning the biofuel content of petrol and, in particular, on the appropriate use of different blends of petrol. In this respect, the marking recommendations of EN228:2012 shall be followed at all fuel filling stations across the Union.’


  [Am. 38] |
| --- | --- |

-1a.

In Article 3, paragraph 3 is replaced by the following:

‘3.
     
  Member States shall require suppliers to ensure the placing on the market of petrol with a maximum oxygen content of 2,7 % and a maximum ethanol content of 5 % until the end of 2018 and may require the placing on the market of such petrol for a longer period if they consider it necessary. They shall ensure the provision of appropriate information to consumers directly at the fuel filler pump concerning the biofuel content of petrol and, in particular, on the appropriate use of different blends of petrol. In this respect, the marking recommendations of EN228:2012 shall be followed at all fuel filling stations across the Union.’

| -1b. | In Article 4(1), the third subparagraph is replaced by the following:




  ‘When the percentage of FAME blended in diesel exceeds 7 % by volume, Member States shall ensure the provision of appropriate information concerning the FAME content to consumers directly at the fuel filler pump.’


  [Am. 39] |
| --- | --- |

-1b.

In Article 4(1), the third subparagraph is replaced by the following:

‘When the percentage of FAME blended in diesel exceeds 7 % by volume, Member States shall ensure the provision of appropriate information concerning the FAME content to consumers directly at the fuel filler pump.’

| 1. | Article 7a is amended as follows:








  (-a) | in paragraph 1, the following subparagraph is added:




  ‘In the case of suppliers of biofuels for use in aviation, Member States shall permit such suppliers to choose to become contributors to the reduction obligation laid down in paragraph 2 to the extent that the biofuels supplied satisfy the sustainability criteria set out in Article 7b.’


  [Am. 40] |
| --- | --- | --- |

1.

Article 7a is amended as follows:

(-a)

in paragraph 1, the following subparagraph is added:

‘In the case of suppliers of biofuels for use in aviation, Member States shall permit such suppliers to choose to become contributors to the reduction obligation laid down in paragraph 2 to the extent that the biofuels supplied satisfy the sustainability criteria set out in Article 7b.’

| (-aa) | in paragraph 2, the following subparagraph is added:




  ‘Member States shall ensure that the maximum contribution of biofuels produced from cereal and other starch rich crops, sugars and oil crops or dedicated energy crops for the purpose of compliance with the target referred to in the first subparagraph does not exceed the maximum contribution established in Article 3(4)(d) of Directive 2009/28/EC.’


  [Am. 184/REV] |
| --- | --- |

(-aa)

in paragraph 2, the following subparagraph is added:

‘Member States shall ensure that the maximum contribution of biofuels produced from cereal and other starch rich crops, sugars and oil crops or dedicated energy crops for the purpose of compliance with the target referred to in the first subparagraph does not exceed the maximum contribution established in Article 3(4)(d) of Directive 2009/28/EC.’

| (a) | in paragraph 5, the introductory phraseis replaced by the following:
  ‘5.   The Commission shall be empowered to adopt delegated acts in accordance with Article 10a concerning in particular:’ |
| --- | --- |

(a)

in paragraph 5, the introductory phraseis replaced by the following:

‘5.   The Commission shall be empowered to adopt delegated acts in accordance with Article 10a concerning in particular:’

| (b) | the following paragraph is added:
  ‘6.   Fuel suppliers shall by 31 March each year report to the authority designated by the Member State, the biofuel production pathways, volumes, and the life cycle greenhouse gas emissions per unit of energy, including the estimated indirect land-use change emissions set out in Annex V, Member States shall report these data to the Commission.’ |
| --- | --- |

(b)

the following paragraph is added:

‘6.   Fuel suppliers shall by 31 March each year report to the authority designated by the Member State, the biofuel production pathways, volumes, and the life cycle greenhouse gas emissions per unit of energy, including the estimated indirect land-use change emissions set out in Annex V, Member States shall report these data to the Commission.’

| 2. | Article 7b is amended as follows:






  (a) | paragraph 2 is replaced by the following:
  ‘2.   The greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels produced in installations starting operation after 1 July 2014. An installation is “in operation” if the physical production of biofuels has taken place.
  In the case of installations that were in operation on or before 1 July 2014 , for the purposes referred to in paragraph 1, biofuels shall achieve a greenhouse gas emission saving of at least 35 % until 31 December 2017 and at least 50 % from 1 January 2018.
  The greenhouse gas emission saving from the use of biofuels shall be calculated in accordance with Article 7d(1).’ |
| --- | --- | --- |

2.

Article 7b is amended as follows:

(a)

paragraph 2 is replaced by the following:

‘2.   The greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels produced in installations starting operation after 1 July 2014. An installation is “in operation” if the physical production of biofuels has taken place.

In the case of installations that were in operation on or before 1 July 2014 , for the purposes referred to in paragraph 1, biofuels shall achieve a greenhouse gas emission saving of at least 35 % until 31 December 2017 and at least 50 % from 1 January 2018.

The greenhouse gas emission saving from the use of biofuels shall be calculated in accordance with Article 7d(1).’

| (b) | in paragraph 3, the second subparagraph is replaced by the following:
  ‘The Commission shall be empowered to adopt delegated acts in accordance with Article 10a concerning the criteria and geographic ranges to determine which grassland shall be covered by point (c) of the first subparagraph.’ |
| --- | --- |

(b)

in paragraph 3, the second subparagraph is replaced by the following:

‘The Commission shall be empowered to adopt delegated acts in accordance with Article 10a concerning the criteria and geographic ranges to determine which grassland shall be covered by point (c) of the first subparagraph.’

| (ba) | the following paragraph is inserted:




  ‘4a.
     
  Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from land-based raw material unless third parties’ legal rights regarding use and tenure of the land are respected, inter alia by obtaining the free prior and informed consent of the third parties, with the involvement of their representative institutions.’


  [Am. 49] |
| --- | --- |

(ba)

the following paragraph is inserted:

‘4a.
     
  Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from land-based raw material unless third parties’ legal rights regarding use and tenure of the land are respected, inter alia by obtaining the free prior and informed consent of the third parties, with the involvement of their representative institutions.’

| (bb) | in paragraph 7, the first sentence of the second subparagraph is replaced by the following:




  ‘The Commission shall report every two years to the European Parliament and the Council on the impact on social sustainability in the Union and in third countries of increased demand for biofuel, on the contribution of biofuel production to reducing the Union's shortage of vegetable protein and on the impact of Union biofuel policy on the availability of foodstuffs at affordable prices, in particular for people in developing countries, and wider development issues.’


  [Am. 50] |
| --- | --- |

(bb)

in paragraph 7, the first sentence of the second subparagraph is replaced by the following:

‘The Commission shall report every two years to the European Parliament and the Council on the impact on social sustainability in the Union and in third countries of increased demand for biofuel, on the contribution of biofuel production to reducing the Union's shortage of vegetable protein and on the impact of Union biofuel policy on the availability of foodstuffs at affordable prices, in particular for people in developing countries, and wider development issues.’

| 2a. | Article 7c is amended as follows:










  (a) | in paragraph 3, the third subparagraph is replaced by the following:




  ‘The Commission shall, in accordance with the advisory procedure referred to in Article 11(3), establish the list of appropriate and relevant information referred to in the first two subparagraphs. It shall seek to ensure maximum compliance with the substantive obligations of this paragraph, while seeking to minimise excessive administrative burden for operators, in particular the smaller ones.’


  [Am. 53] |
| --- | --- | --- |

2a.

Article 7c is amended as follows:

(a)

in paragraph 3, the third subparagraph is replaced by the following:

‘The Commission shall, in accordance with the advisory procedure referred to in Article 11(3), establish the list of appropriate and relevant information referred to in the first two subparagraphs. It shall seek to ensure maximum compliance with the substantive obligations of this paragraph, while seeking to minimise excessive administrative burden for operators, in particular the smaller ones.’

| (b) | in paragraph 3, the fifth subparagraph is replaced by the following:




  ‘Member States shall submit to the Commission, in aggregated form, the information referred to in the first subparagraph of this paragraph, including the reports carried out by the independent auditors. The Commission shall publish that information on the transparency platform referred to in Article 24 of Directive 2009/28/EC.’


  [Am. 54] |
| --- | --- |

(b)

in paragraph 3, the fifth subparagraph is replaced by the following:

‘Member States shall submit to the Commission, in aggregated form, the information referred to in the first subparagraph of this paragraph, including the reports carried out by the independent auditors. The Commission shall publish that information on the transparency platform referred to in Article 24 of Directive 2009/28/EC.’

| (c) | in paragraph 4, the first subparagraph is replaced by the following:




  ‘1.
     
  The Union shall endeavour to conclude bilateral or multilateral agreements with third countries containing mandatory commitments on provisions on sustainability criteria that correspond to those of this Directive. Such agreements should also set out rules in order to ensure that third countries' customs procedures do not lead to fraud related to the import and export of biofuels and bioliquids, as well as on provisions on trade facilitation. The Union shall also endeavour to conclude agreements with third countries containing commitments on the ratification and enforcement of ILO Conventions and MEAs as referred to in Article 7b(7). Where the Union has concluded agreements containing mandatory commitments on provisions relating to matters covered by the sustainability criteria set out in Article 7b(2) to (5), the Commission may decide that those agreements demonstrate that biofuels and bioliquids produced from raw materials cultivated in those countries comply with the sustainability criteria in question. When those agreements are concluded, due consideration shall be given to measures taken for the conservation of areas that provide, in critical situations, basic ecosystem services (such as watershed protection and erosion control), for soil, water and air protection, indirect land-use changes, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and to the issues referred to in the second subparagraph of Article 7b(7).’


  [Am. 55] |
| --- | --- |

(c)

in paragraph 4, the first subparagraph is replaced by the following:

‘1.
     
  The Union shall endeavour to conclude bilateral or multilateral agreements with third countries containing mandatory commitments on provisions on sustainability criteria that correspond to those of this Directive. Such agreements should also set out rules in order to ensure that third countries' customs procedures do not lead to fraud related to the import and export of biofuels and bioliquids, as well as on provisions on trade facilitation. The Union shall also endeavour to conclude agreements with third countries containing commitments on the ratification and enforcement of ILO Conventions and MEAs as referred to in Article 7b(7). Where the Union has concluded agreements containing mandatory commitments on provisions relating to matters covered by the sustainability criteria set out in Article 7b(2) to (5), the Commission may decide that those agreements demonstrate that biofuels and bioliquids produced from raw materials cultivated in those countries comply with the sustainability criteria in question. When those agreements are concluded, due consideration shall be given to measures taken for the conservation of areas that provide, in critical situations, basic ecosystem services (such as watershed protection and erosion control), for soil, water and air protection, indirect land-use changes, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and to the issues referred to in the second subparagraph of Article 7b(7).’

| (d) | the following paragraphs are added:




  ‘9a.
     
  By [one year after entry into force of this Directive] the Commission shall submit a report to the European Parliament and the Council reviewing the operation of agreements or voluntary schemes for which a decision under paragraph 4 has been adopted and identifying best practices. The report shall be based on the best information available, including from consultation with stakeholders, and shall be based on practical experience in the application of the agreements or schemes. The report shall take into account relevant internationally recognised standards and guidelines, including those developed by the International Organization for Standardization and the ISEAL Alliance. In relation to each agreement and scheme, the report shall analyse, inter alia, the following:








  — | independence, modality and frequency of audits; |
| --- | --- | --- |

(d)

the following paragraphs are added:

‘9a.
     
  By [one year after entry into force of this Directive] the Commission shall submit a report to the European Parliament and the Council reviewing the operation of agreements or voluntary schemes for which a decision under paragraph 4 has been adopted and identifying best practices. The report shall be based on the best information available, including from consultation with stakeholders, and shall be based on practical experience in the application of the agreements or schemes. The report shall take into account relevant internationally recognised standards and guidelines, including those developed by the International Organization for Standardization and the ISEAL Alliance. In relation to each agreement and scheme, the report shall analyse, inter alia, the following:

—

independence, modality and frequency of audits;

| — | availability and experience in the application of methods for identifying and dealing with non-compliance; |
| --- | --- |

—

availability and experience in the application of methods for identifying and dealing with non-compliance;

| — | transparency, particularly in relation to the accessibility of the scheme, the availability of translations in the official languages of the countries and regions from which raw materials originate, accessibility of a list of certified operators and corresponding certificates, accessibility of auditor reports; |
| --- | --- |

—

transparency, particularly in relation to the accessibility of the scheme, the availability of translations in the official languages of the countries and regions from which raw materials originate, accessibility of a list of certified operators and corresponding certificates, accessibility of auditor reports;

| — | stakeholder involvement, particularly as regards the consultation of indigenous and local communities during the drafting and review of the scheme as well as during audits; |
| --- | --- |

—

stakeholder involvement, particularly as regards the consultation of indigenous and local communities during the drafting and review of the scheme as well as during audits;

| — | overall robustness of the scheme, particularly in light of rules on the accreditation, qualification and independence of auditors and relevant scheme bodies; |
| --- | --- |

—

overall robustness of the scheme, particularly in light of rules on the accreditation, qualification and independence of auditors and relevant scheme bodies;

| — | market update of the scheme. |
| --- | --- |

—

market update of the scheme.

The Commission shall, if appropriate in light of the report, submit a proposal to the European Parliament and the Council for amending the provisions of this Directive relating to voluntary schemes with a view to promoting best practice.

[Am. 58]

9b.
     
  The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning detailed rules governing independent verification and certification of compliance with the waste hierarchy established in Article 4 of Directive 2008/98/EC of the European Parliament and of the Council

   (*)

  . Those delegated acts shall be adopted by 30 June 2016.

[Am. 59]

(*)  
  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain directives (OJ L 312, 22.11.2008, p. 3).’
  "

| 3. | Article 7d is amended as follows:








  (-a) | in paragraph 1, the following subparagraph is added:




  ‘For the purposes of Article 7a, from 2020 onwards the lifecycle greenhouse gas emissions from biofuels shall be calculated by adding the respective value in Annex V to the result obtained pursuant to the first subparagraph.’


  [Am. 60] |
| --- | --- | --- |

3.

Article 7d is amended as follows:

(-a)

in paragraph 1, the following subparagraph is added:

‘For the purposes of Article 7a, from 2020 onwards the lifecycle greenhouse gas emissions from biofuels shall be calculated by adding the respective value in Annex V to the result obtained pursuant to the first subparagraph.’

| (-aa) | the following paragraph is inserted:




  ‘1a.
     
  The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the inclusion in Annex IV of a procedure for calculating greenhouse gas emissions from renewable liquid and gaseous fuels of non-biological origin for the purpose of verifying their compliance with Article 7b. Those delegated acts shall be adopted by 31 December 2015.’


  [Am. 61] |
| --- | --- |

(-aa)

the following paragraph is inserted:

‘1a.
     
  The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the inclusion in Annex IV of a procedure for calculating greenhouse gas emissions from renewable liquid and gaseous fuels of non-biological origin for the purpose of verifying their compliance with Article 7b. Those delegated acts shall be adopted by 31 December 2015.’

| (a) | paragraphs 3 to 6 are replaced by the following:
  ‘3.   The typical greenhouse gas emissions from cultivation of agricultural raw materials in the reports referred to in Article 7d(2) in the case of Member States, and in reports equivalent to those in the case of territories outside the Union, may be submitted to the Commission.
  4.   The Commission may decide, by means of an implementing act adopted in accordance with advisory procedure referred to in Article 11(3), that the reports referred to in paragraph 3 contain accurate data for the purposes of measuring the greenhouse gas emissions associated with the cultivation of biofuel feedstocks typically produced in those areas for the purposes of Article 7b(2).
  5.   By 31 December 2012 at the latest and every two years thereafter, the Commission shall draw up
  and publish
  a report on the estimated typical and default values in Parts B and E of Annex IV, paying special attention to greenhouse gas emissions from transport and processing. [Am. 62]

  The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the correction of the estimated typical and default values in Parts B and E of Annex IV.
  6.   The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the adaptation to technical and scientific progress of Annex V, including by the revision of the proposed crop group indirect land-use change values;. the introduction of

  For the purpose of the evaluation of the economic models used to estimate such indirect land-use change values, the Commission, shall, in its review, include latest available information with regards to key assumptions influencing modelling results including measured trends in agricultural yields and productivity, co-product allocation and observed global land-use change and deforestation rates. The Commission shall ensure that stakeholders are involved in such a review process. The first such review shall be concluded no later than 30 June 2016.




  The Commission shall, if appropriate, propose
  new
  indirect land-use change
  values at further levels of disaggregation; the inclusion of additional values should new biofuel feedstocks come to market as appropriate, review the categories of which biofuels are assigned zero indirect land-use change emissions; and the development of factors for feedstocks from non-food cellulosic and ligno-cellulosic materials.’
  [Am. 189] |
| --- | --- |

(a)

paragraphs 3 to 6 are replaced by the following:

‘3.   The typical greenhouse gas emissions from cultivation of agricultural raw materials in the reports referred to in Article 7d(2) in the case of Member States, and in reports equivalent to those in the case of territories outside the Union, may be submitted to the Commission.

4.   The Commission may decide, by means of an implementing act adopted in accordance with advisory procedure referred to in Article 11(3), that the reports referred to in paragraph 3 contain accurate data for the purposes of measuring the greenhouse gas emissions associated with the cultivation of biofuel feedstocks typically produced in those areas for the purposes of Article 7b(2).

5.   By 31 December 2012 at the latest and every two years thereafter, the Commission shall draw up
  and publish
  a report on the estimated typical and default values in Parts B and E of Annex IV, paying special attention to greenhouse gas emissions from transport and processing. [Am. 62]

The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the correction of the estimated typical and default values in Parts B and E of Annex IV.

6.   The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the adaptation to technical and scientific progress of Annex V, including by the revision of the proposed crop group indirect land-use change values;. the introduction of

  For the purpose of the evaluation of the economic models used to estimate such indirect land-use change values, the Commission, shall, in its review, include latest available information with regards to key assumptions influencing modelling results including measured trends in agricultural yields and productivity, co-product allocation and observed global land-use change and deforestation rates. The Commission shall ensure that stakeholders are involved in such a review process. The first such review shall be concluded no later than 30 June 2016.

The Commission shall, if appropriate, propose
  new
  indirect land-use change
  values at further levels of disaggregation; the inclusion of additional values should new biofuel feedstocks come to market as appropriate, review the categories of which biofuels are assigned zero indirect land-use change emissions; and the development of factors for feedstocks from non-food cellulosic and ligno-cellulosic materials.’

| (b) | in paragraph 7, the first subparagraph is replaced by the following:
  ‘7.   The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the adaptation to technical and scientific progress of Annex IV, including by the addition of values for further biofuel production pathways for the same or for other raw materials and by modifiying the methodology laid down in Part C.’ |
| --- | --- |

(b)

in paragraph 7, the first subparagraph is replaced by the following:

‘7.   The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the adaptation to technical and scientific progress of Annex IV, including by the addition of values for further biofuel production pathways for the same or for other raw materials and by modifiying the methodology laid down in Part C.’

| (c) | paragraph 8 is deleted. |
| --- | --- |

(c)

paragraph 8 is deleted.

| (ca) | the following paragraph is added:




  ‘8a.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article
  10a
  concerning the establishment of detailed definitions, including technical specifications, required for the categories set out in point 9 of Part C of Annex IV.’


  [Am. 65]. |
| --- | --- |

(ca)

the following paragraph is added:

‘8a.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article
  10a
  concerning the establishment of detailed definitions, including technical specifications, required for the categories set out in point 9 of Part C of Annex IV.’

| 4. | Article 8 is amended as follows:






  (a) | paragraph 1 is replaced by the following:
  ‘1.   Member States shall monitor compliance with the requirements of Articles 3 and 4, in respect of petrol and diesel fuels, on the basis of the analytical methods referred to in the version in force of the European standards EN 228 and EN 590 respectively.’ |
| --- | --- | --- |

4.

Article 8 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Member States shall monitor compliance with the requirements of Articles 3 and 4, in respect of petrol and diesel fuels, on the basis of the analytical methods referred to in the version in force of the European standards EN 228 and EN 590 respectively.’

| (b) | paragraph 3 is replaced by the following:
  ‘3.   Each year by 30 June, the Member States shall submit a report of national fuel quality data for the preceding calendar year. The Commission shall establish a common format for the submission of a summary of national fuel quality by means of an implementing act adopted in accordance with the advisory procedure referred to in Article 11(3). The first report shall be submitted by 30 June 2002. From 1 January 2004, the format for this report shall be consistent with that described in the relevant European standard. In addition, Member States shall report the total volumes of petrol and diesel fuels marketed in their territories and the volumes of unleaded petrol and diesel fuels marketed with a maximum sulphur content of 10 mg/kg. Furthermore, Member States shall report annually on the availability on an appropriately balanced geographical basis of petrol and diesel fuels with a maximum sulphur content of 10 mg/kg that are marketed within their territory.’ |
| --- | --- |

(b)

paragraph 3 is replaced by the following:

‘3.   Each year by 30 June, the Member States shall submit a report of national fuel quality data for the preceding calendar year. The Commission shall establish a common format for the submission of a summary of national fuel quality by means of an implementing act adopted in accordance with the advisory procedure referred to in Article 11(3). The first report shall be submitted by 30 June 2002. From 1 January 2004, the format for this report shall be consistent with that described in the relevant European standard. In addition, Member States shall report the total volumes of petrol and diesel fuels marketed in their territories and the volumes of unleaded petrol and diesel fuels marketed with a maximum sulphur content of 10 mg/kg. Furthermore, Member States shall report annually on the availability on an appropriately balanced geographical basis of petrol and diesel fuels with a maximum sulphur content of 10 mg/kg that are marketed within their territory.’

| 5. | In Article 8a, paragraph 3 is replaced by the following:
  ‘3.   The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the revision of the limit for the MMT content of fuel specified in paragraph 2. This revision shall be done on the basis of the results of the assessment carried out using the test methodology referred to in paragraph 1. It may be reduced to zero where justified by the risk assessment. It cannot be increased unless justified by the risk assessment.’ |
| --- | --- |

5.

In Article 8a, paragraph 3 is replaced by the following:

‘3.   The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the revision of the limit for the MMT content of fuel specified in paragraph 2. This revision shall be done on the basis of the results of the assessment carried out using the test methodology referred to in paragraph 1. It may be reduced to zero where justified by the risk assessment. It cannot be increased unless justified by the risk assessment.’

| 5a. | In Article 9, the following paragraph is added:


  ‘
  2a.
     
  The Commission should keep under review the performance of biofuels under all seasonal conditions experienced across the Union to ensure that the quality of biofuels used in vehicles does not result in a deterioration of pollutant emissions, CO2 or overall vehicle performance.




  The Commission shall be empowered to adopt delegated acts pursuant to Article 10a if necessary, concerning the adaptation to technical and scientific progress of Annex I or II of this Directive to introduce specific parameters, test limits and test methods.’


  [Am. 66] |
| --- | --- |

5a.

In Article 9, the following paragraph is added:

‘
  2a.
     
  The Commission should keep under review the performance of biofuels under all seasonal conditions experienced across the Union to ensure that the quality of biofuels used in vehicles does not result in a deterioration of pollutant emissions, CO2 or overall vehicle performance.

The Commission shall be empowered to adopt delegated acts pursuant to Article 10a if necessary, concerning the adaptation to technical and scientific progress of Annex I or II of this Directive to introduce specific parameters, test limits and test methods.’

| 6. | In Article 10, paragraph 1 is replaced by the following:
  ‘1.   The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the adaptation to technical and scientific progress of the permitted analytical methods referred to in Annexes I, II and III.’ |
| --- | --- |

6.

In Article 10, paragraph 1 is replaced by the following:

‘1.   The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the adaptation to technical and scientific progress of the permitted analytical methods referred to in Annexes I, II and III.’

| 7. | The following Article is inserted:
  ‘Article 10a
  Exercise of the delegation
  1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
  2.   The delegation of power referred to in Article 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7),
  7d(8a),
  8a(3) and 10(1) shall be conferred for an indeterminate period of time from the date of entry into force of this Directive.
  3.   The delegation of powers referred to in Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7),
  7d(8a),
  8a(3) and 10(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
  4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
  5.   A delegated act adopted pursuant to Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7),
  7d(8a),
  8a(3) and 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.’
  [Am. 149] |
| --- | --- |

7.

The following Article is inserted:

‘Article 10a

Exercise of the delegation

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

2.   The delegation of power referred to in Article 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7),
  7d(8a),
  8a(3) and 10(1) shall be conferred for an indeterminate period of time from the date of entry into force of this Directive.

3.   The delegation of powers referred to in Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7),
  7d(8a),
  8a(3) and 10(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

5.   A delegated act adopted pursuant to Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7),
  7d(8a),
  8a(3) and 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.’

| 8. | Article 11(4) is deleted. |
| --- | --- |

8.

Article 11(4) is deleted.

| 9. | The annexes are amended as set out in Annex I to this Directive. |
| --- | --- |

9.

The annexes are amended as set out in Annex I to this Directive.

Article 2

Amendments to Directive 2009/28/EC

Directive 2009/28/EC is amended as follows:

| 1. | In Article 2, the following points are added:






  ‘p) | “waste” shall be defined as in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council (**). Substances that have been intentionally modified or contaminated to meet that definition are not covered by this category; |
| --- | --- | --- |

1.

In Article 2, the following points are added:

‘p)

“waste” shall be defined as in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council (**). Substances that have been intentionally modified or contaminated to meet that definition are not covered by this category;

| (q) | ‘non-food cellulosic material’ means land-based non-food energy crops grown for bio-energy production purposes, including miscanthus, other energy grasses, certain varieties of sorghum and industrial hemp, but excluding crops with a high lignin content, such as trees; [Am. 69] |
| --- | --- |

(q)

‘non-food cellulosic material’ means land-based non-food energy crops grown for bio-energy production purposes, including miscanthus, other energy grasses, certain varieties of sorghum and industrial hemp, but excluding crops with a high lignin content, such as trees; [Am. 69]

| (r) | ‘non-food ligno-cellulosic material’ means land-based woody energy crops such as short-rotation coppice and short-rotation forestry crops; [Am. 70] |
| --- | --- |

(r)

‘non-food ligno-cellulosic material’ means land-based woody energy crops such as short-rotation coppice and short-rotation forestry crops; [Am. 70]

| (s) | ‘co-products’ means raw materials which have a market value or alternative uses and materials that constitute a significant outcome of a process in terms of economic value or where the main process has been deliberately modified to produce a larger quantity or another quality of the material at the expense of the main product; [Am. 71] |
| --- | --- |

(s)

‘co-products’ means raw materials which have a market value or alternative uses and materials that constitute a significant outcome of a process in terms of economic value or where the main process has been deliberately modified to produce a larger quantity or another quality of the material at the expense of the main product; [Am. 71]

| (t) | ‘renewable liquid and gaseous fuels of non-biological origin’ means gaseous or liquid fuels other than biofuels which are obtained from renewable energy sources and are used in transport; [Am. 72] |
| --- | --- |

(t)

‘renewable liquid and gaseous fuels of non-biological origin’ means gaseous or liquid fuels other than biofuels which are obtained from renewable energy sources and are used in transport; [Am. 72]

| (u) | ‘direct land-use change’ means any change in the use of a piece of land from one to another of the six IPCC land cover categories (forest land, cropland, grazing land, wetlands, settlements, other land) plus a seventh category for perennial crops, covering in particular multiannual crops whose stem is usually not annually harvested, such as short-rotation coppice and palm oil; [Am. 74] |
| --- | --- |

(u)

‘direct land-use change’ means any change in the use of a piece of land from one to another of the six IPCC land cover categories (forest land, cropland, grazing land, wetlands, settlements, other land) plus a seventh category for perennial crops, covering in particular multiannual crops whose stem is usually not annually harvested, such as short-rotation coppice and palm oil; [Am. 74]

| (v) | ‘carbon capture and utilisation (CCU) for transport purposes’ means a process that captures carbon (CO/CO2) rich waste and residues gas streams from non-renewable energy sources and transforms them into fuels that are used in the transport sector; [Am. 75] |
| --- | --- |

(v)

‘carbon capture and utilisation (CCU) for transport purposes’ means a process that captures carbon (CO/CO2) rich waste and residues gas streams from non-renewable energy sources and transforms them into fuels that are used in the transport sector; [Am. 75]

| (w) | ‘processing residue’ is a substance that is not the end product(s) that the production process directly seeks to produce. It is not a primary aim of the production process and the process has not been deliberately modified to produce it. [Am. 76] |
| --- | --- |

(w)

‘processing residue’ is a substance that is not the end product(s) that the production process directly seeks to produce. It is not a primary aim of the production process and the process has not been deliberately modified to produce it. [Am. 76]

(**)  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3.).’"

| 2. | Article 3 is amended as follows:






  (a) | the title is replaced by the following:
  ‘Mandatory national targets and measures for the use of energy from renewable sources’. |
| --- | --- | --- |

2.

Article 3 is amended as follows:

(a)

the title is replaced by the following:

‘Mandatory national targets and measures for the use of energy from renewable sources’.

| (b) | in paragraph 1, the following subparagraph is added:
  ‘For the purpose of compliance with target referred to in the first subparagraph, the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch rich crops, sugars and oil crops shall be no more than the energy quantity corresponding to the maximum contribution as set out in Article 3(4)d.’ |
| --- | --- |

(b)

in paragraph 1, the following subparagraph is added:

‘For the purpose of compliance with target referred to in the first subparagraph, the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch rich crops, sugars and oil crops shall be no more than the energy quantity corresponding to the maximum contribution as set out in Article 3(4)d.’

| (c) | paragraph 4 is amended as follows:








  (-i) | in the first subparagraph, the following sentence is added:




  ‘Each Member State shall ensure that the share of energy from renewable sources in petrol in 2020 is at least 7,5 % of the final consumption of energy in petrol in that Member State.'’ |
| --- | --- | --- |

(c)

paragraph 4 is amended as follows:

(-i)

in the first subparagraph, the following sentence is added:

‘Each Member State shall ensure that the share of energy from renewable sources in petrol in 2020 is at least 7,5 % of the final consumption of energy in petrol in that Member State.'’

| (-ii) | the following subparagraphs are inserted after the first subparagraph:




  ‘In 2016, at least 0,5 % of the final consumption of energy in transport shall be met with energy from advanced biofuels.




  In 2020, at least 2,5 % of the final consumption of energy in transport shall be met with energy from advanced biofuels.’


  [Am. 152/REV] |
| --- | --- |

(-ii)

the following subparagraphs are inserted after the first subparagraph:

‘In 2016, at least 0,5 % of the final consumption of energy in transport shall be met with energy from advanced biofuels.

In 2020, at least 2,5 % of the final consumption of energy in transport shall be met with energy from advanced biofuels.’

| (i) | in point (b) of the second subparagraph, the following phrase is added:
  ‘This point shall be without prejudice to Article 17(1)(a) and point (d) of this paragraph;’ |
| --- | --- |

(i)

in point (b) of the second subparagraph, the following phrase is added:

‘This point shall be without prejudice to Article 17(1)(a) and point (d) of this paragraph;’

| (ii) | in the second subparagraph, the following points are added:






  ‘(d) | for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch rich crops, sugars, and oil
  and other energy
  crops
  grown on land
  shall be no more than 5 %, the estimated share at the end of 2011,

  6 %
  of the final consumption of energy in transport in 2020.


  The share of energy from advanced biofuels listed in part A and part C of Annex IX shall be no less than 2,5 % of the final consumption of energy in transport in 2020
  .
  [Am. 181] |
| --- | --- | --- |

(ii)

in the second subparagraph, the following points are added:

‘(d)

for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch rich crops, sugars, and oil
  and other energy
  crops
  grown on land
  shall be no more than 5 %, the estimated share at the end of 2011,

  6 %
  of the final consumption of energy in transport in 2020.

The share of energy from advanced biofuels listed in part A and part C of Annex IX shall be no less than 2,5 % of the final consumption of energy in transport in 2020
  .

| (e) | the contribution made by:






  (i) | biofuels produced from feedstocks listed in Part A of Annex IX shall be considered to be four times

  equal to
  their energy content; |
| --- | --- | --- |

(e)

the contribution made by:

(i)

biofuels produced from feedstocks listed in Part A of Annex IX shall be considered to be four times

  equal to
  their energy content;

| (ii) | biofuels produced from feedstocks listed in Part B of Annex IX shall be considered to be twice their energy content; |
| --- | --- |

(ii)

biofuels produced from feedstocks listed in Part B of Annex IX shall be considered to be twice their energy content;

| (iii) | renewable liquid and gaseous fuels of non-biological origin

  biofuels produced from feedstocks listed in Part C of Annex IX
  shall be considered to be four times their energy content. |
| --- | --- |

(iii)

renewable liquid and gaseous fuels of non-biological origin

  biofuels produced from feedstocks listed in Part C of Annex IX
  shall be considered to be four times their energy content.

Member States shall ensure that no raw materials are intentionally modified to be covered by categories (i) to (iii).

With a view to minimising the risk of single consignments being claimed more than once in the Union, the Member States and the Commission shall endeavour to strengthen cooperation among national systems and between national systems and voluntary schemes established pursuant to Article 18, including where appropriate the exchange of data. To prevent materials from being intentionally modified in order to fall under Annex IX, Member States shall encourage the development and use of systems which track and trace feedstocks and the resulting biofuels over the whole value chain. Member States shall ensure that when fraud is detected, appropriate action is taken.

The list of feedstock set out in Annex IX may be adapted to scientific and technical progress, in order to ensure a correct implementation of the accounting rules set out in this Directive. The Commission shall be empowered to adopt delegated acts in accordance with Article 25b concerning the list of feedstock set out in Annex IX’

| (ca) | the following paragraph is added:




  ‘4a.
     
  By [one year after entry into force of this Directive], the Commission
  shall
  make recommendations for additional measures that Member State may take to promote and encourage energy efficiency and energy saving in transport. The recommendations shall include estimates of the quantity of energy that can be saved by implementing each of those measures. The energy quantity corresponding to the measures implemented by a Member State shall be taken into account for the purposes of the calculation referred to in point (b).’


  [Am. 153] |
| --- | --- |

(ca)

the following paragraph is added:

‘4a.
     
  By [one year after entry into force of this Directive], the Commission
  shall
  make recommendations for additional measures that Member State may take to promote and encourage energy efficiency and energy saving in transport. The recommendations shall include estimates of the quantity of energy that can be saved by implementing each of those measures. The energy quantity corresponding to the measures implemented by a Member State shall be taken into account for the purposes of the calculation referred to in point (b).’

| 2a. | In Article 4, the following paragraph is added:




  ‘3a.
     
  Each Member State shall publish and notify to the Commission by [one year after entry into force of this Directive] a forecast document indicating the additional measures it intends to take in accordance with Article 3(4a)’


  [Am. 154] |
| --- | --- |

2a.

In Article 4, the following paragraph is added:

‘3a.
     
  Each Member State shall publish and notify to the Commission by [one year after entry into force of this Directive] a forecast document indicating the additional measures it intends to take in accordance with Article 3(4a)’

| 3. | In Article 5(5), the last sentence is replaced by the following:
  ‘The Commission shall be empowered to adopt delegated acts in accordance with Article 25b concerning the adaptation of the energy content of transport fuels as set out in Annex III to scientific and technical progress.’ |
| --- | --- |

3.

In Article 5(5), the last sentence is replaced by the following:

‘The Commission shall be empowered to adopt delegated acts in accordance with Article 25b concerning the adaptation of the energy content of transport fuels as set out in Annex III to scientific and technical progress.’

| 4. | In Article 6(1) the second subparagraph is deleted. |
| --- | --- |

4.

In Article 6(1) the second subparagraph is deleted.

| 4a. | In Article 15(2), the fourth subparagraph is replaced by the following:




  ‘The guarantee of origin shall have no function in terms of a Member State’s compliance with Article 3(1). Transfers of guarantees of origin, separately or together with the physical transfer of energy, shall have no effect on the decision of Member States to use statistical transfers, joint projects or joint support schemes for target compliance or on the calculation of the gross final consumption of energy from renewable sources in accordance with Article 5.’


  [Am. 88] |
| --- | --- |

4a.

In Article 15(2), the fourth subparagraph is replaced by the following:

‘The guarantee of origin shall have no function in terms of a Member State’s compliance with Article 3(1). Transfers of guarantees of origin, separately or together with the physical transfer of energy, shall have no effect on the decision of Member States to use statistical transfers, joint projects or joint support schemes for target compliance or on the calculation of the gross final consumption of energy from renewable sources in accordance with Article 5.’

| 5. | Article 17 is amended as follows:








  (-a) | in paragraph 1, the introductory part of the first subparagraph is replaced by the following:




  ‘1.
     
  Irrespective of whether the raw materials were cultivated inside or outside the territory of the Community, energy from biofuels and bioliquids shall be taken into account for the purposes referred to in points (a), (b) and (c) only if they fulfil the sustainability criteria set out in paragraphs 2 to 7 and do not exceed contributions set out in Article 3(4)(d):’


  [Am. 89] |
| --- | --- | --- |

5.

Article 17 is amended as follows:

(-a)

in paragraph 1, the introductory part of the first subparagraph is replaced by the following:

‘1.
     
  Irrespective of whether the raw materials were cultivated inside or outside the territory of the Community, energy from biofuels and bioliquids shall be taken into account for the purposes referred to in points (a), (b) and (c) only if they fulfil the sustainability criteria set out in paragraphs 2 to 7 and do not exceed contributions set out in Article 3(4)(d):’

| (a) | paragraph 2 is replaced by the following:
  ‘2.   The greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in installations starting operation after 1 July 2014. An installation is “in operation” if the physical production of biofuels or bioliquids has taken place.
  In the case of installations that were in operation on or before 1 July 2014, for the purposes referred to in paragraph 1, biofuels and bioliquids shall achieve a greenhouse gas emission saving of at least 35 % until 31 December 2017 and at least 50 % from 1 January 2018.
  The greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated in accordance with Article 19(1).’ |
| --- | --- |

(a)

paragraph 2 is replaced by the following:

‘2.   The greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in installations starting operation after 1 July 2014. An installation is “in operation” if the physical production of biofuels or bioliquids has taken place.

In the case of installations that were in operation on or before 1 July 2014, for the purposes referred to in paragraph 1, biofuels and bioliquids shall achieve a greenhouse gas emission saving of at least 35 % until 31 December 2017 and at least 50 % from 1 January 2018.

The greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated in accordance with Article 19(1).’

| (b) | in paragraph 3, the second subparagraph is replaced by the following:
  ‘The Commission shall be empowered to adopt delegated acts in accordance with Article 25b to establish the criteria and geographic ranges to determine which grassland shall be covered by point (c) of the first subparagraph.’ |
| --- | --- |

(b)

in paragraph 3, the second subparagraph is replaced by the following:

‘The Commission shall be empowered to adopt delegated acts in accordance with Article 25b to establish the criteria and geographic ranges to determine which grassland shall be covered by point (c) of the first subparagraph.’

| (ba) | the following paragraph is inserted:




  ‘4a.
     
  Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1(a), (b) and (c) shall not be made from land-based raw material unless third parties’ legal rights regarding use and tenure of the land are respected, inter alia by obtaining the free prior and informed consent of the third parties, with the involvement of their representative institutions.’


  [Am. 96] |
| --- | --- |

(ba)

the following paragraph is inserted:

‘4a.
     
  Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1(a), (b) and (c) shall not be made from land-based raw material unless third parties’ legal rights regarding use and tenure of the land are respected, inter alia by obtaining the free prior and informed consent of the third parties, with the involvement of their representative institutions.’

| (bb) | the following paragraph is inserted:




  ‘5a.
     
  Raw materials used for biofuels and bioliquids for the purposes of paragraph 1 shall be produced through sustainable land management practices.’


  [Am. 97] |
| --- | --- |

(bb)

the following paragraph is inserted:

‘5a.
     
  Raw materials used for biofuels and bioliquids for the purposes of paragraph 1 shall be produced through sustainable land management practices.’

| 6. | Article 18 is amended as follows:










  (a) | the following paragraphs are inserted:




  ‘2a.
     
  Eurostat shall gather and publish detailed trade related information on biofuels produced from food crops, such as those based on cereals and other starch rich crops, sugars and oil crops. Available information shall be disaggregated trade data for both ethanol and biodiesel as current data is published in an aggregated format with ethanol and biodiesel imports and exports combined under one data set labelled biofuels. Import and export data shall identify the type and volumes of biofuels imported and consumed by Member States. Data shall also include the country of origin or the country exporting those products into the Union. Data on the import and export of biofeedstock or semi-processed products shall be improved with Eurostat gathering and publishing information on import or export of feedstocks, type and country of origin, including internally traded feedstocks or semi-traded feedstocks. [Am. 98]



  2b.
     
  Eurostat shall gather and publish detailed employment information on the numbers, duration and salaries associated with direct, indirect and induced employment generated by the Union's biofuels industry. The Commission should develop an agreed methodology for measuring jobs which should systematically assess and monitor employment levels in member states and at Union level. Employment figures should be disaggregated by ethanol and biodiesel sectors and clearing identifying the location of the job within the biofuel supply chain. Currently biofuel employment data is not included in official statistics with the employment estimates available to policy-makers varying depending on the underlying definition or methodology adopted by the particular study, the job counting approach applied, and the extent to which studies link agricultural activity to the biofuels industry. A formal process requiring employment figures to be supported by underlying data and transparent assumptions would improve the availability of information.’


  [Am. 99] |
| --- | --- | --- |

6.

Article 18 is amended as follows:

(a)

the following paragraphs are inserted:

‘2a.
     
  Eurostat shall gather and publish detailed trade related information on biofuels produced from food crops, such as those based on cereals and other starch rich crops, sugars and oil crops. Available information shall be disaggregated trade data for both ethanol and biodiesel as current data is published in an aggregated format with ethanol and biodiesel imports and exports combined under one data set labelled biofuels. Import and export data shall identify the type and volumes of biofuels imported and consumed by Member States. Data shall also include the country of origin or the country exporting those products into the Union. Data on the import and export of biofeedstock or semi-processed products shall be improved with Eurostat gathering and publishing information on import or export of feedstocks, type and country of origin, including internally traded feedstocks or semi-traded feedstocks. [Am. 98]

2b.
     
  Eurostat shall gather and publish detailed employment information on the numbers, duration and salaries associated with direct, indirect and induced employment generated by the Union's biofuels industry. The Commission should develop an agreed methodology for measuring jobs which should systematically assess and monitor employment levels in member states and at Union level. Employment figures should be disaggregated by ethanol and biodiesel sectors and clearing identifying the location of the job within the biofuel supply chain. Currently biofuel employment data is not included in official statistics with the employment estimates available to policy-makers varying depending on the underlying definition or methodology adopted by the particular study, the job counting approach applied, and the extent to which studies link agricultural activity to the biofuels industry. A formal process requiring employment figures to be supported by underlying data and transparent assumptions would improve the availability of information.’

| (b) | in paragraph 4, the first and second subparagraphs are replaced by the following:




  ‘4.
     
  The Union shall endeavour to conclude bilateral or multilateral agreements with third countries containing mandatory commitments on provisions on sustainability criteria that correspond to those of this Directive. Such agreements should also set out rules in order to ensure that third countries' customs procedures do not lead to fraud related to the import and export of biofuels and bioliquids, as well as on provisions on trade facilitation. The Union shall also endeavour to conclude agreements with third countries containing commitments on the ratification and enforcement of ILO Conventions and MEAs as referred to in Article 17(7). Where the Union has concluded agreements containing mandatory commitments on provisions relating to matters covered by the sustainability criteria set out in Article 17(2) to (7), the Commission may decide that those agreements demonstrate that biofuels and bioliquids produced from raw materials cultivated in those countries comply with the sustainability criteria in question. When those agreements are concluded, due consideration shall be given to measures taken for the conservation of areas that provide, in critical situations, basic ecosystem services (such as watershed protection and erosion control), for soil, water and air protection, indirect land-use changes, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and to the issues referred to in the second subparagraph of Article 17(7). [Am. 100]

  The Commission may

  shall
  decide whether voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of Article 17(2) or demonstrate that consignments of biofuel or bioliquid comply with the sustainability criteria set out in Article 17(3) to (5)

  (5a), and whether any materials have been intentionally modified in order to be covered by points (i) to (iii) of Article 3(4)(e)
  . The Commission may decide that those schemes contain accurate data for the purposes of information on measures taken for the conservation of areas that provide, in critical situations, basic ecosystem services (such as watershed protection and erosion control), for soil, water and air protection, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and on the issues referred to in the second subparagraph of Article 17(7).
  The Commission may also recognise areas for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature for the purposes of Article 17 (3)(b) (ii). [Am. 101]



  The Commission and the Member States shall ensure the mutual recognition of verification schemes safeguarding the compliance with the sustainability criteria for biofuels and bioliquids, where the schemes concerned have been established in accordance with this Directive.’


  [Am. 102] |
| --- | --- |

(b)

in paragraph 4, the first and second subparagraphs are replaced by the following:

‘4.
     
  The Union shall endeavour to conclude bilateral or multilateral agreements with third countries containing mandatory commitments on provisions on sustainability criteria that correspond to those of this Directive. Such agreements should also set out rules in order to ensure that third countries' customs procedures do not lead to fraud related to the import and export of biofuels and bioliquids, as well as on provisions on trade facilitation. The Union shall also endeavour to conclude agreements with third countries containing commitments on the ratification and enforcement of ILO Conventions and MEAs as referred to in Article 17(7). Where the Union has concluded agreements containing mandatory commitments on provisions relating to matters covered by the sustainability criteria set out in Article 17(2) to (7), the Commission may decide that those agreements demonstrate that biofuels and bioliquids produced from raw materials cultivated in those countries comply with the sustainability criteria in question. When those agreements are concluded, due consideration shall be given to measures taken for the conservation of areas that provide, in critical situations, basic ecosystem services (such as watershed protection and erosion control), for soil, water and air protection, indirect land-use changes, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and to the issues referred to in the second subparagraph of Article 17(7). [Am. 100]

The Commission may

  shall
  decide whether voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of Article 17(2) or demonstrate that consignments of biofuel or bioliquid comply with the sustainability criteria set out in Article 17(3) to (5)

  (5a), and whether any materials have been intentionally modified in order to be covered by points (i) to (iii) of Article 3(4)(e)
  . The Commission may decide that those schemes contain accurate data for the purposes of information on measures taken for the conservation of areas that provide, in critical situations, basic ecosystem services (such as watershed protection and erosion control), for soil, water and air protection, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and on the issues referred to in the second subparagraph of Article 17(7).

The Commission may also recognise areas for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature for the purposes of Article 17 (3)(b) (ii). [Am. 101]

The Commission and the Member States shall ensure the mutual recognition of verification schemes safeguarding the compliance with the sustainability criteria for biofuels and bioliquids, where the schemes concerned have been established in accordance with this Directive.’

| (c) | the following paragraph is added:




  ‘9a.
     
  By [three years after entry into force of this Directive], the Commission shall submit a report to the European Parliament and the Council reviewing the operation of voluntary schemes for which a decision under paragraph 4 has been adopted and identifying best practices. The report shall be based on the best information available, including from consultation with stakeholders, and shall be based on practical experience in the application of the schemes. The report shall take into account the evolution of relevant internationally recognised standards and guidelines, including those developed by the International Organization for Standardization and the ISEAL Alliance. In relation to each scheme, the report shall analyse, inter alia, the following:








  — | independency, modality and frequency of audits; |
| --- | --- | --- |

(c)

the following paragraph is added:

‘9a.
     
  By [three years after entry into force of this Directive], the Commission shall submit a report to the European Parliament and the Council reviewing the operation of voluntary schemes for which a decision under paragraph 4 has been adopted and identifying best practices. The report shall be based on the best information available, including from consultation with stakeholders, and shall be based on practical experience in the application of the schemes. The report shall take into account the evolution of relevant internationally recognised standards and guidelines, including those developed by the International Organization for Standardization and the ISEAL Alliance. In relation to each scheme, the report shall analyse, inter alia, the following:

—

independency, modality and frequency of audits;

| — | availability and experience in the application of methods for identifying and dealing with non-compliance; |
| --- | --- |

—

availability and experience in the application of methods for identifying and dealing with non-compliance;

| — | transparency, particularly in relation to the accessibility of the scheme, the availability of translations in the official languages of the countries and regions from which raw materials originate, accessibility of a list of certified operators and relative certificates, accessibility of auditor reports; |
| --- | --- |

—

transparency, particularly in relation to the accessibility of the scheme, the availability of translations in the official languages of the countries and regions from which raw materials originate, accessibility of a list of certified operators and relative certificates, accessibility of auditor reports;

| — | stakeholders' involvement, particularly as regards the consultation of indigenous and local communities during the drafting and reviewing of the scheme as well as during audits; |
| --- | --- |

—

stakeholders' involvement, particularly as regards the consultation of indigenous and local communities during the drafting and reviewing of the scheme as well as during audits;

| — | overall robustness of the scheme, particularly in light of rules on the accreditation, qualification and independence of auditors and relevant scheme bodies; |
| --- | --- |

—

overall robustness of the scheme, particularly in light of rules on the accreditation, qualification and independence of auditors and relevant scheme bodies;

| — | market update of the scheme. |
| --- | --- |

—

market update of the scheme.

The Commission shall, if appropriate in light of the report, submit a proposal to the European Parliament and the Council to modify the criteria listed in Article 18(5).’

| 7. | Article 19 is amended as follows:








  (-a) | the following paragraph is inserted:




  ‘1a.
     
  The Commission shall be empowered to adopt delegated acts pursuant to Article 25b concerning the inclusion in Annex V of a procedure for calculating greenhouse gas emissions from renewable liquid and gaseous fuels of non-biological origin for the purpose of verifying their compliance with Article 17. Those delegated acts shall be adopted by 31 December 2015.’


  [Am. 106] |
| --- | --- | --- |

7.

Article 19 is amended as follows:

(-a)

the following paragraph is inserted:

‘1a.
     
  The Commission shall be empowered to adopt delegated acts pursuant to Article 25b concerning the inclusion in Annex V of a procedure for calculating greenhouse gas emissions from renewable liquid and gaseous fuels of non-biological origin for the purpose of verifying their compliance with Article 17. Those delegated acts shall be adopted by 31 December 2015.’

| (a) | paragraphs 3 and 4 are replaced by the following:
  ‘3.   The typical greenhouse gas emissions from cultivation of agricultural raw materials in the reports referred to in Article 19(2) in the case of Member States, and in reports equivalent to those in the case of territories outside the Union, may be submitted to the Commission.
  4.   The Commission may decide, by means of an implementing act adopted in accordance with advisory procedure referred to in Article 25(3), that the reports referred to in paragraph 3 contain accurate data for the purposes of measuring the greenhouse gas emissions associated with the cultivation of biofuel and bioliquid feedstocks typically produced in those areas for the purposes of Article 17(2).’ |
| --- | --- |

(a)

paragraphs 3 and 4 are replaced by the following:

‘3.   The typical greenhouse gas emissions from cultivation of agricultural raw materials in the reports referred to in Article 19(2) in the case of Member States, and in reports equivalent to those in the case of territories outside the Union, may be submitted to the Commission.

4.   The Commission may decide, by means of an implementing act adopted in accordance with advisory procedure referred to in Article 25(3), that the reports referred to in paragraph 3 contain accurate data for the purposes of measuring the greenhouse gas emissions associated with the cultivation of biofuel and bioliquid feedstocks typically produced in those areas for the purposes of Article 17(2).’

| (b) | in paragraph 5, the last sentence is replaced by the following:
  ‘To this end, the Commission shall be empowered to adopt delegated acts in accordance with Article 25b.’ |
| --- | --- |

(b)

in paragraph 5, the last sentence is replaced by the following:

‘To this end, the Commission shall be empowered to adopt delegated acts in accordance with Article 25b.’

| (c) | paragraph 6 is replaced by the following:
  ‘6.   The Commission shall be empowered to adopt delegated acts pursuant to Article 25b concerning the adaptation to technical and scientific progress of Annex VIII, including the revision of the proposed crop group indirect land-use change values;. the introduction of

  For the purpose of the evaluation of the economic models used to estimate such indirect land-use change values, the Commission, shall, in its review, include latest available information with regards to key assumptions influencing modelling results including measured trends in agricultural yields and productivity, co-product allocation and observed global land-use change and deforestation rates. The Commission shall ensure that stakeholders are involved in such review process. The first such review shall be concluded no later than 30 June 2016.




  The Commission shall, if appropriate, propose
  new
  indirect land-use change
  values at further levels of disaggregation (i.e. at a feedstock level);
  the inclusion of greenhouse gas emissions resulting from the transport of raw materials;
  the inclusion of additional values should new biofuel feedstocks come to market as appropriate; and the development of factors for feedstocks from non-food cellulosic and ligno-cellulosic materials.


  The Commission shall be empowered to adopt delegated acts pursuant to Article 25b to set out in Annex VIII values for indirect land-use change emissions for feedstocks from non-food cellulosic and ligno-cellulosic materials and shall include those values in the method for calculating the greenhouse gas impact of biofuels and bioliquids provided for in this Article. Those delegated acts shall be adopted by 30 June 2016.’

  [Ams. 107 and 190] |
| --- | --- |

(c)

paragraph 6 is replaced by the following:

‘6.   The Commission shall be empowered to adopt delegated acts pursuant to Article 25b concerning the adaptation to technical and scientific progress of Annex VIII, including the revision of the proposed crop group indirect land-use change values;. the introduction of

  For the purpose of the evaluation of the economic models used to estimate such indirect land-use change values, the Commission, shall, in its review, include latest available information with regards to key assumptions influencing modelling results including measured trends in agricultural yields and productivity, co-product allocation and observed global land-use change and deforestation rates. The Commission shall ensure that stakeholders are involved in such review process. The first such review shall be concluded no later than 30 June 2016.

The Commission shall, if appropriate, propose
  new
  indirect land-use change
  values at further levels of disaggregation (i.e. at a feedstock level);
  the inclusion of greenhouse gas emissions resulting from the transport of raw materials;
  the inclusion of additional values should new biofuel feedstocks come to market as appropriate; and the development of factors for feedstocks from non-food cellulosic and ligno-cellulosic materials.

The Commission shall be empowered to adopt delegated acts pursuant to Article 25b to set out in Annex VIII values for indirect land-use change emissions for feedstocks from non-food cellulosic and ligno-cellulosic materials and shall include those values in the method for calculating the greenhouse gas impact of biofuels and bioliquids provided for in this Article. Those delegated acts shall be adopted by 30 June 2016.’

| (d) | in paragraph 7, the first subparagraph is replaced by the following:
  ‘7.   The Commission shall be empowered to adopt delegated acts pursuant to Article 25b concerning the adaptation of Annex V to technical and scientific progress, including by the addition of values for further biofuel production pathways for the same or for other raw materials and by modifying the methodology laid down in part C’. |
| --- | --- |

(d)

in paragraph 7, the first subparagraph is replaced by the following:

‘7.   The Commission shall be empowered to adopt delegated acts pursuant to Article 25b concerning the adaptation of Annex V to technical and scientific progress, including by the addition of values for further biofuel production pathways for the same or for other raw materials and by modifying the methodology laid down in part C’.

| (e) | paragraph 8 is deleted. |
| --- | --- |

(e)

paragraph 8 is deleted.

| 8. | Article 21 is deleted. |
| --- | --- |

8.

Article 21 is deleted.

| 9. | In Article 22, paragraph 2 is replaced by the following:
  ‘2.   In estimating net greenhouse gas emission saving from the use of biofuels, the Member State may, for the purpose of the reports referred to in paragraph 1, use the typical values given in part A and part B of Annex V, and shall add the estimates for any indirect land-use change emissions to be set out in Annex VIII.’ |
| --- | --- |

9.

In Article 22, paragraph 2 is replaced by the following:

‘2.   In estimating net greenhouse gas emission saving from the use of biofuels, the Member State may, for the purpose of the reports referred to in paragraph 1, use the typical values given in part A and part B of Annex V, and shall add the estimates for any indirect land-use change emissions to be set out in Annex VIII.’

| 9a. | In Article 23, the following paragraph is inserted:




  ‘8a.
     
  By 31 December 2015 the Commission shall submit a report on the positive and negative environmental and economic impacts of biofuels produced from waste, residues, co-products or non-land using feedstocks. The environmental impacts to be assessed shall include greenhouse gas emissions, biodiversity, water, and soil fertility. The potential or forfeited benefits of using these feedstocks for other purposes, in particular the manufacture of products, shall be taken into account. The economic impacts to be assessed shall include production costs, the opportunity cost of using the feedstocks for other purposes and the life-cycle energy return on investment that may be obtained from using the feedstocks to produce advanced biofuels and bioliquids.’


  [Am. 109] |
| --- | --- |

9a.

In Article 23, the following paragraph is inserted:

‘8a.
     
  By 31 December 2015 the Commission shall submit a report on the positive and negative environmental and economic impacts of biofuels produced from waste, residues, co-products or non-land using feedstocks. The environmental impacts to be assessed shall include greenhouse gas emissions, biodiversity, water, and soil fertility. The potential or forfeited benefits of using these feedstocks for other purposes, in particular the manufacture of products, shall be taken into account. The economic impacts to be assessed shall include production costs, the opportunity cost of using the feedstocks for other purposes and the life-cycle energy return on investment that may be obtained from using the feedstocks to produce advanced biofuels and bioliquids.’

| 10. | Article 25(4) is deleted. |
| --- | --- |

10.

Article 25(4) is deleted.

| 11. | The following Article is inserted:
  ‘Article 25b
  Exercise of the delegation
  1.   The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in this Article.
  2.   The delegation of power referred to in Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), and Article 19(1), (5), (6) and (7) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Directive].
  3.   The delegation of power referred to in Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19 (5), 19 (6) and 19 (7) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
  4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
  5.   A delegated act adopted pursuant to Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19 (5), 19 (6) and 19 (7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.’ |
| --- | --- |

11.

The following Article is inserted:

‘Article 25b

Exercise of the delegation

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

2.   The delegation of power referred to in Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), and Article 19(1), (5), (6) and (7) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Directive].

3.   The delegation of power referred to in Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19 (5), 19 (6) and 19 (7) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

5.   A delegated act adopted pursuant to Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19 (5), 19 (6) and 19 (7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.’

| 12. | The annexes are amended as set out in Annex II to this Directive. |
| --- | --- |

12.

The annexes are amended as set out in Annex II to this Directive.

Article 3

Review

The Commission shall, before 31 December 2017, submit a report to the European Parliament and to the Council reviewing, on the basis of the best latest available scientific evidence, the effectiveness of the measures introduced by this Directive in limiting indirect land-use change greenhouse gas emissions associated with the production of biofuel and bioliquids. The report shall, if appropriate, be accompanied by a legislative proposal based on the best available scientific evidence, for introducing estimated indirect land-use change emissions factors into the appropriate sustainability criteria to be applied from 1 January 2021. and

The report shall also include
  a review of the effectiveness of the incentives provided for biofuels from non-land using feedstocks and non-food crops under Article 3(4)(d) of Directive 2009/28/EC.
  It shall include an assessment of the availability of such biofuels and of their environmental, economic and social impacts. It shall inter alia asses the impact of biofuel production on the availability of wood as a resource and on sectors using biomass.

The report shall, if appropriate, be accompanied by a legislative proposal for establishing appropriate sustainability criteria for biofuels from non-land using feedstocks and non-food crops.

Investors shall take into account the fact that biofuel production technologies are still under development and further measures to mitigate negative impacts may be adopted at a later stage. [Am. 111]

Article 4

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [twelve months after entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

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 5

Entry into force

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

Article 6

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 198, 10.7.2013, p. 56.

1

(2)  Position of the European Parliament of 11 September 2013.

2

(3)  Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable energy sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16).

3

(4)  Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).

4

(5)  
  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

5

Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

(6)  
  Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3).

6

Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3).

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

7

ANNEX I

The annexes to Directive 98/70/EC are amended as follows:

| (1) | in Annex IV, part C is amended as follows:






  (a) | point 7 is replaced by the following:






  ‘7. | Annualised emissions from carbon stock changes caused by land-use change, el, shall be calculated by dividing total emissions equally over 20 years. For the calculation of these emissions the following rule shall be applied:
  el = (CSR — CSA) × 3,664 × 1/20 × 1/P,
  where






  el = | annualised greenhouse gas emissions from carbon stock change due to land-use change (measured as mass (grams) of CO2-equivalent per unit biofuel energy (megajoules)); |
| --- | --- | --- | --- | --- |
| CSR = | the carbon stock per unit area associated with the reference land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). The reference land-use shall be the land use in January 2008 or 20 years before the raw material was obtained, whichever was the later; |
| CSA = | the carbon stock per unit area associated with the actual land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). In cases where the carbon stock accumulates over more than one year, the value attributed to CSA shall be the estimated stock per unit area after 20 years or when the crop reaches maturity, whichever the earlier; and |
| P = | the productivity of the crop (measured as biofuel or energy per unit area per year).’ |

(1)

in Annex IV, part C is amended as follows:

(a)

point 7 is replaced by the following:

‘7.

Annualised emissions from carbon stock changes caused by land-use change, el, shall be calculated by dividing total emissions equally over 20 years. For the calculation of these emissions the following rule shall be applied:

el = (CSR — CSA) × 3,664 × 1/20 × 1/P,

where

el =

annualised greenhouse gas emissions from carbon stock change due to land-use change (measured as mass (grams) of CO2-equivalent per unit biofuel energy (megajoules));

CSR =

the carbon stock per unit area associated with the reference land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). The reference land-use shall be the land use in January 2008 or 20 years before the raw material was obtained, whichever was the later;

CSA =

the carbon stock per unit area associated with the actual land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). In cases where the carbon stock accumulates over more than one year, the value attributed to CSA shall be the estimated stock per unit area after 20 years or when the crop reaches maturity, whichever the earlier; and

P =

the productivity of the crop (measured as biofuel or energy per unit area per year).’

| (b) | points 8 and 9 are deleted. |
| --- | --- |

(b)

points 8 and 9 are deleted.

| (2) | The following Annex is added:
  ‘Annex V






  Part A. | Estimated indirect land-use change emissions from biofuels






  Feedstock group | Estimated indirect land-use change emissions (gCO2eq/MJ) |
| --- | --- | --- | --- |
| Cereals and other starch rich crops | 12 |
| Sugars | 13 |
| Oil crops | 55 |

(2)

The following Annex is added:

‘Annex V

Part A.

Estimated indirect land-use change emissions from biofuels

Feedstock group

Estimated indirect land-use change emissions (gCO2eq/MJ)

Cereals and other starch rich crops

12

Sugars

13

Oil crops

55

| Part B. | Biofuels for which the estimated indirect land-use change emissions are considered to be zero
  Biofuels produced from the following feedstock categories will be considered to have estimated indirect land-use change emissions of zero:






  (a) | feedstocks which are not included under Part A of this Annex. |
| --- | --- | --- |

Part B.

Biofuels for which the estimated indirect land-use change emissions are considered to be zero

Biofuels produced from the following feedstock categories will be considered to have estimated indirect land-use change emissions of zero:

(a)

feedstocks which are not included under Part A of this Annex.

| (b) | feedstocks whose production has led to direct land-use change, i.e. a change from one of the following IPCC land cover categories; forest land, grassland, wetlands, settlements, or other land, to cropland or perennial cropland (1). In such a case a "direct land-use change emission value (el) should have been calculated in accordance to Part C, point 7 of Annex IV.’ |
| --- | --- |

(b)

feedstocks whose production has led to direct land-use change, i.e. a change from one of the following IPCC land cover categories; forest land, grassland, wetlands, settlements, or other land, to cropland or perennial cropland (1). In such a case a "direct land-use change emission value (el) should have been calculated in accordance to Part C, point 7 of Annex IV.’

(1)  Perennial crops are defined as multi-annual crops whose stem is usually not annually harvested such as short rotation coppice and oil palm as defined in (2010/C 160/02)."

---

ANNEX II

The annexes to Directive 2009/28/EC are amended as follows:

| (1) | in Annex V, part C is amended as follows:






  (a) | point 7 is replaced by the following:






  ‘7. | Annualised emissions from carbon stock changes caused by land-use change, el, shall be calculated by dividing total emissions equally over 20 years. For the calculation of these emissions the following rule shall be applied:
  el = (CSR — CSA) × 3,664 × 1/20 × 1/P,
  where






  el = | annualised greenhouse gas emissions from carbon stock change due to land-use change (measured as mass (grams) of CO2-equivalent per unit biofuel energy (megajoules)); |
| --- | --- | --- | --- | --- |
| CSR = | the carbon stock per unit area associated with the reference land use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). The reference land-use shall be the land-use in January 2008 or 20 years before the raw material was obtained, whichever was the later; |
| CSA = | the carbon stock per unit area associated with the actual land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). In cases where the carbon stock accumulates over more than one year, the value attributed to CSA shall be the estimated stock per unit area after 20 years or when the crop reaches maturity, whichever the earlier; and |
| P = | the productivity of the crop (measured as biofuel or bioliquid energy per unit area per year).’ |

(1)

in Annex V, part C is amended as follows:

(a)

point 7 is replaced by the following:

‘7.

Annualised emissions from carbon stock changes caused by land-use change, el, shall be calculated by dividing total emissions equally over 20 years. For the calculation of these emissions the following rule shall be applied:

el = (CSR — CSA) × 3,664 × 1/20 × 1/P,

where

el =

annualised greenhouse gas emissions from carbon stock change due to land-use change (measured as mass (grams) of CO2-equivalent per unit biofuel energy (megajoules));

CSR =

the carbon stock per unit area associated with the reference land use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). The reference land-use shall be the land-use in January 2008 or 20 years before the raw material was obtained, whichever was the later;

CSA =

the carbon stock per unit area associated with the actual land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). In cases where the carbon stock accumulates over more than one year, the value attributed to CSA shall be the estimated stock per unit area after 20 years or when the crop reaches maturity, whichever the earlier; and

P =

the productivity of the crop (measured as biofuel or bioliquid energy per unit area per year).’

| (b) | points 8 and 9 are deleted. |
| --- | --- |

(b)

points 8 and 9 are deleted.

| (2) | The following Annex VIII is added:



  ‘Annex VIII












  Part A. | Estimated indirect land-use change emissions from biofuel and bioliquid feedstocks








  Feedstock group | Estimated indirect land-use change emissions (gCO2eq/MJ) |
| --- | --- | --- | --- |
| Cereals and other starch rich crops | 12 |
| Sugars | 13 |
| Oil crops | 55 |

(2)

The following Annex VIII is added:

‘Annex VIII

Part A.

Feedstock group

Estimated indirect land-use change emissions (gCO2eq/MJ)

Cereals and other starch rich crops

12

Sugars

13

Oil crops

55

| Part B. | Biofuels and bioliquids for which the estimated indirect land-use change emissions are considered to be zero


  Biofuels and bioliquids produced from the following feedstock categories will be considered to have estimated indirect land-use change emissions of zero:








  (a) | feedstocks which are not included under Part A of this Annex. |
| --- | --- | --- |

Part B.

Biofuels and bioliquids produced from the following feedstock categories will be considered to have estimated indirect land-use change emissions of zero:

(a)

feedstocks which are not included under Part A of this Annex.

| (b) | feedstocks whose production has led to direct land use change, i.e. a change from one of the following IPCC land cover categories; forest land, grassland, wetlands, settlements, or other land, to cropland or perennial cropland

   (1)

  . In such a case a "direct land use change emission value (el) should have been calculated in accordance to Part C, paragraph 7 of Annex V.’ |
| --- | --- |

(b)

feedstocks whose production has led to direct land use change, i.e. a change from one of the following IPCC land cover categories; forest land, grassland, wetlands, settlements, or other land, to cropland or perennial cropland

   (1)

  . In such a case a "direct land use change emission value (el) should have been calculated in accordance to Part C, paragraph 7 of Annex V.’

(1)  Perennial crops are defined as multi-annual crops whose stem is usually not annually harvested such as short rotation coppice and oil palm as defined in (2010/C 160/02)"

| (3) | The following Annex IX is added:
  ‘Annex IX








  Part A. | Feedstocks
  from waste and residues
  whose contribution towards the target referred to in Article 3(4) shall be considered to be four times

  equal to
  their energy content
  and which contribute towards the 2,5 % target referred to in point (d) of the second subparagraph of Article 3(4)









  (a) | Algae. |
| --- | --- | --- | --- |

(3)

The following Annex IX is added:

‘Annex IX

Part A.

Feedstocks
  from waste and residues
  whose contribution towards the target referred to in Article 3(4) shall be considered to be four times

  equal to
  their energy content
  and which contribute towards the 2,5 % target referred to in point (d) of the second subparagraph of Article 3(4)

(a)

Algae.

| (b) | Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets
  or separate collection
  under Article 11
  (1) and
  (2)(a) of Directive 2008/98/EC
  ; derogations may be granted by Member States for separate biowaste where processes allow the production of both compost and biofuels. |
| --- | --- |

(b)

Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets
  or separate collection
  under Article 11
  (1) and
  (2)(a) of Directive 2008/98/EC
  ; derogations may be granted by Member States for separate biowaste where processes allow the production of both compost and biofuels.

| (c) | Biomass

  Biodegradable
  fraction of industrial
  , retail and wholesale
  waste
  , but not waste subject to separate collection under Article 11(1) of Directive 2008/98/EC, and provided that the waste hierarchy and the principle of cascading use are respected. |
| --- | --- |

(c)

Biomass

  Biodegradable
  fraction of industrial
  , retail and wholesale
  waste
  , but not waste subject to separate collection under Article 11(1) of Directive 2008/98/EC, and provided that the waste hierarchy and the principle of cascading use are respected.

| (d) | Straw. |
| --- | --- |

(d)

Straw.

| (e) | Animal manure and sewage sludge. |
| --- | --- |

(e)

Animal manure and sewage sludge.

| (f) | Palm oil mill effluent and empty palm fruit bunches. |
| --- | --- |

(f)

Palm oil mill effluent and empty palm fruit bunches.

| (g) | Tall oil pitch. |
| --- | --- |

(g)

Tall oil pitch.

| (h) | Crude glycerine. |
| --- | --- |

(h)

Crude glycerine.

| (i) | Bagasse. |
| --- | --- |

(i)

Bagasse.

| (j) | Grape marcs and wine lees. |
| --- | --- |

(j)

Grape marcs and wine lees.

| (k) | Nut shells. |
| --- | --- |

(k)

Nut shells.

| (l) | Husks. |
| --- | --- |

(l)

Husks.

| (m) | Cobs |
| --- | --- |

(m)

Cobs

| (n) | Bark, branches, leaves, saw dust and cutter shavings. |
| --- | --- |

(n)

Bark, branches, leaves, saw dust and cutter shavings.

| (na) | Ligno-cellulosic material except saw logs and veneer logs. |
| --- | --- |

(na)

Ligno-cellulosic material except saw logs and veneer logs.

| Part B. | Feedstocks
  from waste and residues
  whose contribution towards the target referred to in Article 3(4) shall be considered to be twice their energy content






  (a) | Used cooking oil. |
| --- | --- | --- |

Part B.

Feedstocks
  from waste and residues
  whose contribution towards the target referred to in Article 3(4) shall be considered to be twice their energy content

(a)

Used cooking oil.

| (b) | Animal fats classified as category I and II in accordance with Regulation (EC) No 1774/2002 of the European Parliament and of the Council (*). |
| --- | --- |

(b)

Animal fats classified as category I and II in accordance with Regulation (EC) No 1774/2002 of the European Parliament and of the Council (*).

| (c) | Non-food cellulosic material. |
| --- | --- |

(c)

Non-food cellulosic material.

| (d) | Ligno-cellulosic material except saw logs and veneer logs. |
| --- | --- |

(d)

Ligno-cellulosic material except saw logs and veneer logs.

| Part C. | Feedstocks whose contribution towards the target referred to in Article 3(4) shall be considered to be four times their energy content and which contribute towards the 2,5 % target referred to in point (d) of the second subparagraph of Article 3(4)








  (a) | Algae (autotrophic). |
| --- | --- | --- |

Part C.

Feedstocks whose contribution towards the target referred to in Article 3(4) shall be considered to be four times their energy content and which contribute towards the 2,5 % target referred to in point (d) of the second subparagraph of Article 3(4)

(a)

Algae (autotrophic).

| (b) | Renewable liquids and gaseous fuels of non-biological origin. |
| --- | --- |

(b)

Renewable liquids and gaseous fuels of non-biological origin.

| (c) | Carbon Capture and Utilisation for transport purposes. |
| --- | --- |

(c)

Carbon Capture and Utilisation for transport purposes.

| (d) | Bacteria. |
| --- | --- |

(d)

Bacteria.

(*)  Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (OJ L 273, 10.10.2002, p. 1).’"

---

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/395 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/395

---

P7_TA(2013)0358

Measures for the recovery of European eel stocks ***I

European Parliament legislative resolution of 11 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel (COM(2012)0413 — C7-0202/2012 — 2012/0201(COD))

(Ordinary legislative procedure: first reading)

(2016/C 093/44)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0413), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0413),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0202/2012), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0202/2012),

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

—

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

| — | having regard to the opinion of the European Economic and Social Committee of 14 November 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 14 November 2012 (1),

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A7-0242/2013), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A7-0242/2013),

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

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

3.

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

---

(1)  OJ C 11, 15.1.2013, p. 86.

---

P7_TC1-COD(2012)0201

Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (-1) | Based on information to be provided by Member States, the Commission should produce a report on the outcome of the implementation of the Eel Management Plans and, if necessary, propose, as a matter of urgency, appropriate measures to achieve, with a high probability, the recovery of the European eel. [Am. 1] |
| --- | --- |

(-1)

Based on information to be provided by Member States, the Commission should produce a report on the outcome of the implementation of the Eel Management Plans and, if necessary, propose, as a matter of urgency, appropriate measures to achieve, with a high probability, the recovery of the European eel. [Am. 1]

| (1) | Council Regulation (EC) No 1100/2007 (3) confers powers upon the Commission in order to implement some of the provisions of that Regulation. |
| --- | --- |

(1)

Council Regulation (EC) No 1100/2007 (3) confers powers upon the Commission in order to implement some of the provisions of that Regulation.

| (2) | As a consequence of that

  the
  entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 1100/2007 upon the Commission need to be aligned to Articles 290 and

  Article
  291 of the Treaty on the Functioning of the European Union. [Am. 2] |
| --- | --- |

(2)

As a consequence of that

  the
  entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 1100/2007 upon the Commission need to be aligned to Articles 290 and

  Article
  291 of the Treaty on the Functioning of the European Union. [Am. 2]

| (3) | In order to apply certain provisions of Regulation (EC) No 1100/2007, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of taking measures to address a significant decline of average market prices for eels used for restocking, as compared to those of eels used for other purposes.
  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, based on latest scientific advice and scientific recommendations, especially at expert level, so as to ensure that the information available to it will be impartial, accurate, complete, and up to date. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous and timely transmission of relevant documents to the European Parliament and to the Council. [Am. 3] |
| --- | --- |

(3)

In order to apply certain provisions of Regulation (EC) No 1100/2007, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of taking measures to address a significant decline of average market prices for eels used for restocking, as compared to those of eels used for other purposes.
  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, based on latest scientific advice and scientific recommendations, especially at expert level, so as to ensure that the information available to it will be impartial, accurate, complete, and up to date. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous and timely transmission of relevant documents to the European Parliament and to the Council. [Am. 3]

| (4) | It is of particular importance that the Commission carry out appropriate consultations during its preparatory work for the adoption of delegated acts, including at expert level. [deletion arising from the adoption of am. 3] |
| --- | --- |

(4)

It is of particular importance that the Commission carry out appropriate consultations during its preparatory work for the adoption of delegated acts, including at expert level. [deletion arising from the adoption of am. 3]

| (5) | The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
  [Am. 4] |
| --- | --- |

(5)

The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
  [Am. 4]

| (6) | In order to ensure uniform conditions for the implementation of the provisions of Regulation (EC) No 1100/2007 concerning the approval of Eel Management Plans by the Commission on the basis of
  the best and most recent
  technical and scientific data

  information available
  , implementing powers should be conferred upon the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (4). [Am. 5] |
| --- | --- |

(6)

In order to ensure uniform conditions for the implementation of the provisions of Regulation (EC) No 1100/2007 concerning the approval of Eel Management Plans by the Commission on the basis of
  the best and most recent
  technical and scientific data

  information available
  , implementing powers should be conferred upon the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (4). [Am. 5]

| (6a) | ICES should provide new and more comprehensive advice on the status of eel stocks in 2013. In preparing such advice, ICES should look at all the causes of reduction in the eel stocks, including in relation to spawning grounds. In the event that ICES confirms that the status of the eel stock remains critical, the Commission should as soon as possible submit a proposal for a new regulation on the recovery of the stock of European eel. That regulation should also cover long-term solutions, such as ways to unblock migratory pathways. [Am. 6] |
| --- | --- |

(6a)

ICES should provide new and more comprehensive advice on the status of eel stocks in 2013. In preparing such advice, ICES should look at all the causes of reduction in the eel stocks, including in relation to spawning grounds. In the event that ICES confirms that the status of the eel stock remains critical, the Commission should as soon as possible submit a proposal for a new regulation on the recovery of the stock of European eel. That regulation should also cover long-term solutions, such as ways to unblock migratory pathways. [Am. 6]

| (7) | The Commission will not be in a position to report to the European Parliament and the Council on the measures concerning restocking, including the evolution of market prices by 1 July 2011, due to late transmission by some Member States of the relevant information. The deadline for this report should therefore be postponed to 31 December 2012. |
| --- | --- |

(7)

The Commission will not be in a position to report to the European Parliament and the Council on the measures concerning restocking, including the evolution of market prices by 1 July 2011, due to late transmission by some Member States of the relevant information. The deadline for this report should therefore be postponed to 31 December 2012.

| (7a) | It is important that the Commission penalise Member States which have not forwarded or analysed all the data available to them in order to enable an exhaustive and scientifically sound inventory of the situation regarding European eel to be drawn up. [Am. 7] |
| --- | --- |

(7a)

It is important that the Commission penalise Member States which have not forwarded or analysed all the data available to them in order to enable an exhaustive and scientifically sound inventory of the situation regarding European eel to be drawn up. [Am. 7]

| (8) | The provision of Regulation (EC) No 1100/2007 concerning the power to adopt alternative measures for the achievement of escapement targets confers the power to amend this non-essential element of that Regulation on the Council. As such decision making procedure is no longer possible under the TFEU, the provision concerned should be deleted. |
| --- | --- |

(8)

The provision of Regulation (EC) No 1100/2007 concerning the power to adopt alternative measures for the achievement of escapement targets confers the power to amend this non-essential element of that Regulation on the Council. As such decision making procedure is no longer possible under the TFEU, the provision concerned should be deleted.

| (9) | It was established by Commission Decision 2008/292/EC (5) that the Black Sea and the river systems connected to it did not constitute a natural eel habitat for European eel for the purposes of Regulation (EC) No 1100/2007. Therefore Article 1(2) of that Regulation has become obsolete and should be deleted. |
| --- | --- |

(9)

It was established by Commission Decision 2008/292/EC (5) that the Black Sea and the river systems connected to it did not constitute a natural eel habitat for European eel for the purposes of Regulation (EC) No 1100/2007. Therefore Article 1(2) of that Regulation has become obsolete and should be deleted.

| (10) | Commission Decision 2009/310/EC (6) approved requests by Cyprus, Malta, Austria, Romania and Slovakia to be exempted from the from the obligation to prepare an Eel Management Plan. There are no pending requests for exemption from that obligation. Therefore Article 3 of Regulation (EC) No 1100/2007 has become obsolete and should be deleted. |
| --- | --- |

(10)

Commission Decision 2009/310/EC (6) approved requests by Cyprus, Malta, Austria, Romania and Slovakia to be exempted from the from the obligation to prepare an Eel Management Plan. There are no pending requests for exemption from that obligation. Therefore Article 3 of Regulation (EC) No 1100/2007 has become obsolete and should be deleted.

| (11) | Regulation (EC) No 1100/2007 should therefore be amended accordingly, |
| --- | --- |

(11)

Regulation (EC) No 1100/2007 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1100/2007 is amended as follows:

| (1) | In Article 1, paragraph 2 is deleted. |
| --- | --- |

(1)

In Article 1, paragraph 2 is deleted.

| (1a) | In Article 2, paragraph 1 is replaced by the following:




  ‘1.
     
  Member States shall identify and define the individual river basins lying within their national territory that constitute natural habitats for the European eel (eel river basins), which may include maritime waters.’


  [Am. 9] |
| --- | --- |

(1a)

In Article 2, paragraph 1 is replaced by the following:

‘1.
     
  Member States shall identify and define the individual river basins lying within their national territory that constitute natural habitats for the European eel (eel river basins), which may include maritime waters.’

| (1b) | In Article 2, paragraph 10 is replaced by the following:




  ‘10.
     
  In the Eel Management Plan, each Member State shall implement as soon as possible appropriate measures to reduce the mortality of eel caused by factors outside the fishery, including hydroelectric turbines and pumps. Further measures shall be taken where necessary to reduce mortality caused by other factors in order to meet the targets of the Plan.’


  [Am. 10] |
| --- | --- |

(1b)

In Article 2, paragraph 10 is replaced by the following:

‘10.
     
  In the Eel Management Plan, each Member State shall implement as soon as possible appropriate measures to reduce the mortality of eel caused by factors outside the fishery, including hydroelectric turbines and pumps. Further measures shall be taken where necessary to reduce mortality caused by other factors in order to meet the targets of the Plan.’

| (2) | Article 3 is deleted. |
| --- | --- |

(2)

Article 3 is deleted.

| (3) | In Article 5, paragraph 1 is replaced by the following:
  ‘1.   The Eel management plans shall be approved by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 12b(2).’ |
| --- | --- |

(3)

In Article 5, paragraph 1 is replaced by the following:

‘1.   The Eel management plans shall be approved by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 12b(2).’

| (3a) | In Article 5, paragraph 4 is replaced by the following:




  ‘4.
     
  A Member State which has submitted an Eel Management Plan to the Commission for approval not later than 31 December 2008, which cannot be approved by the Commission in accordance with paragraph 1 or which does not comply with the reporting and evaluation conditions set out in Article 9, shall either reduce fishing effort by at least 50 % relative to the average effort deployed from 2004 to 2006 or reduce fishing effort to ensure a reduction in eel catches by at least 50 % relative to the average catch from 2004 to 2006, either by shortening the fishing season for eel or by other means. This reduction shall be implemented within three months of the decision not to approve the plan or within three months of failure to meet a reporting deadline.’

  [Am. 11] |
| --- | --- |

(3a)

In Article 5, paragraph 4 is replaced by the following:

‘4.
     
  A Member State which has submitted an Eel Management Plan to the Commission for approval not later than 31 December 2008, which cannot be approved by the Commission in accordance with paragraph 1 or which does not comply with the reporting and evaluation conditions set out in Article 9, shall either reduce fishing effort by at least 50 % relative to the average effort deployed from 2004 to 2006 or reduce fishing effort to ensure a reduction in eel catches by at least 50 % relative to the average catch from 2004 to 2006, either by shortening the fishing season for eel or by other means. This reduction shall be implemented within three months of the decision not to approve the plan or within three months of failure to meet a reporting deadline.’

| (3b) | In Article 5, the following paragraph is added:




  ‘7.
     
  Starting on 1 January 2014, all Eel Management Plans shall be revised and updated every two years, taking into consideration the latest scientific advice.’


  [Am. 12] |
| --- | --- |

(3b)

In Article 5, the following paragraph is added:

‘7.
     
  Starting on 1 January 2014, all Eel Management Plans shall be revised and updated every two years, taking into consideration the latest scientific advice.’

| (4) | In Article 7, paragraphs 6 and 7 are replaced by the following:
  ‘6.   In the event of a significant decline of average market prices for eels used for restocking, as compared to those of eels used for other purposes, the Member State concerned shall inform the Commission. The Commission, by means of delegated acts adopted in accordance with Article 12a and in order to address the situation, may temporarily reduce the percentages of eels used for restocking as referred to in paragraph 2
  where the Eel Management Plan complies with Article 2(4)
  .
  7.   The Commission shall, not later than 31 December 2012

  2013
  , report to the European Parliament and the Council and evaluate the measures concerning restocking, including

  taking into account the latest scientific advice on the conditions in which restocking is likely to contribute to an increase of the spawning stock biomass. In such report, the Commission shall review
  the evolution of market prices.’
  [Am. 13] |
| --- | --- |

(4)

In Article 7, paragraphs 6 and 7 are replaced by the following:

‘6.   In the event of a significant decline of average market prices for eels used for restocking, as compared to those of eels used for other purposes, the Member State concerned shall inform the Commission. The Commission, by means of delegated acts adopted in accordance with Article 12a and in order to address the situation, may temporarily reduce the percentages of eels used for restocking as referred to in paragraph 2
  where the Eel Management Plan complies with Article 2(4)
  .

7.   The Commission shall, not later than 31 December 2012

  2013
  , report to the European Parliament and the Council and evaluate the measures concerning restocking, including

  taking into account the latest scientific advice on the conditions in which restocking is likely to contribute to an increase of the spawning stock biomass. In such report, the Commission shall review
  the evolution of market prices.’

| (4a) | In Article 7, paragraph 8 is replaced by the following:




  ‘8.
     
  Restocking shall be deemed to be a conservation measure for the purposes of Article 38(2) of Regulation (EU) No ... [EMFF], provided that:








  — | it is part of an Eel Management Plan established in accordance with Article 2, |
| --- | --- | --- |

(4a)

In Article 7, paragraph 8 is replaced by the following:

‘8.
     
  Restocking shall be deemed to be a conservation measure for the purposes of Article 38(2) of Regulation (EU) No ... [EMFF], provided that:

—

it is part of an Eel Management Plan established in accordance with Article 2,

| — | it concerns eels caught and managed using methods and equipment that guarantee the lowest possible mortality during catch, storage, transport and breeding, |
| --- | --- |

—

it concerns eels caught and managed using methods and equipment that guarantee the lowest possible mortality during catch, storage, transport and breeding,

| — | it takes place in areas affording a high probability of survival and migration, |
| --- | --- |

—

it takes place in areas affording a high probability of survival and migration,

| — | it contributes to the achievement of the 40 % target level of escapement as referred to in Article 2(4), and |
| --- | --- |

—

it contributes to the achievement of the 40 % target level of escapement as referred to in Article 2(4), and

| — | the eels are quarantined in order to prevent the spread of any diseases or parasites.’ |
| --- | --- |

—

the eels are quarantined in order to prevent the spread of any diseases or parasites.’

| (5) | In Article 9, paragraph 3 is deleted

  replaced by the following:




  ‘Article 9




  Reporting and evaluation




  1.
     
  Member States shall collect research data in order to quantify the impact of measures taken on the eel stock, find mitigation measures and recommend management targets. Member States shall report to the Commission initially every third year, with the first report to be presented by 30 June 2012 and shall make the information available to designated scientific bodies. Thereafter, the frequency of reporting shall increase to once every two years, after the first tri-annual report has been submitted. Reports shall outline monitoring, implementation, effectiveness and outcome, and in particular shall provide the best available estimates of:










  (a) | for each Member State, the proportion of the silver eel biomass that escapes to the sea to spawn, or the proportion of the silver eel biomass leaving the territory of that Member State as part of a seaward migration to spawn, relative to the target level of escapement set out in Article 2(4); |
| --- | --- | --- |

(5)

In Article 9, paragraph 3 is deleted

  replaced by the following:

‘Article 9

Reporting and evaluation

1.
     
  Member States shall collect research data in order to quantify the impact of measures taken on the eel stock, find mitigation measures and recommend management targets. Member States shall report to the Commission initially every third year, with the first report to be presented by 30 June 2012 and shall make the information available to designated scientific bodies. Thereafter, the frequency of reporting shall increase to once every two years, after the first tri-annual report has been submitted. Reports shall outline monitoring, implementation, effectiveness and outcome, and in particular shall provide the best available estimates of:

(a)

for each Member State, the proportion of the silver eel biomass that escapes to the sea to spawn, or the proportion of the silver eel biomass leaving the territory of that Member State as part of a seaward migration to spawn, relative to the target level of escapement set out in Article 2(4);

| (b) | the level of fishing effort that catches eel each year, and the reduction effected in accordance with Article 4(2) and Article 5(4); |
| --- | --- |

(b)

the level of fishing effort that catches eel each year, and the reduction effected in accordance with Article 4(2) and Article 5(4);

| (c) | the level of mortality factors outside the fishery, and the reduction effected in accordance with Article 2(10); |
| --- | --- |

(c)

the level of mortality factors outside the fishery, and the reduction effected in accordance with Article 2(10);

| (d) | the amount of eel of less than 12 cm in length caught and the proportions of this utilised for different purposes; |
| --- | --- |

(d)

the amount of eel of less than 12 cm in length caught and the proportions of this utilised for different purposes;

| (e) | the survival rate of restocked eels, whether during fishing, transport, restocking or escapement to the Sargasso sea to spawn; |
| --- | --- |

(e)

the survival rate of restocked eels, whether during fishing, transport, restocking or escapement to the Sargasso sea to spawn;

| (f) | the identification, on a voluntary basis, of the spawning grounds of the eels caught. |
| --- | --- |

(f)

the identification, on a voluntary basis, of the spawning grounds of the eels caught.

2.
     
  The Commission shall present to the Parliament and the Council, by 31 October 2013, a report consisting of a statistical and scientific evaluation of the results of the implementation of the eel management plans, along with an opinion from the STECF. Based on the findings of that report, the Commission may submit proposals to broaden the scope of the Regulation to include eel mortality factors other than fishery.

3.
     
  The Commission shall, no later than 31 December 2013, present an evaluation of Union and international trade in European eels, that focuses, in particular, on compliance with the obligations of the Union under CITES, and an estimation of illegal trade in European eels in Member States. Such report shall identify inconsistencies in the different data sets available and suggest measures to improve monitoring of trade, including a modification of the existing custom codes to allow for more effective monitoring.’

| (5a) | The following article is inserted:




  ‘Article 9a




  Follow-up measures




  Taking into consideration the findings in the reports referred to in Article 7(7) and Article 9(2) and (3), as well as any new and more comprehensive advice provided by ICES on the status of the European eel stock in 2013, the Commission shall, no later than 31 March 2014, present a new legislative proposal to the Parliament and to the Council aimed at achieving, with high probability, the recovery of the stock of European eel. In doing so, the Commission may consider ways of broadening the scope of this Regulation to include mortality caused by factors outside the fisheries.’


  [Am. 16] |
| --- | --- |

(5a)

The following article is inserted:

‘Article 9a

Follow-up measures

Taking into consideration the findings in the reports referred to in Article 7(7) and Article 9(2) and (3), as well as any new and more comprehensive advice provided by ICES on the status of the European eel stock in 2013, the Commission shall, no later than 31 March 2014, present a new legislative proposal to the Parliament and to the Council aimed at achieving, with high probability, the recovery of the stock of European eel. In doing so, the Commission may consider ways of broadening the scope of this Regulation to include mortality caused by factors outside the fisheries.’

| (6) | The following articles are inserted:
  ‘Article 12a
  Exercise of the delegation
  1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
  2.   The delegation of powers

  power to adopt delegated acts
  referred to in Article 7(6) shall be conferred
  on the Commission
  for an indeterminate

  a
  period of time

  three years starting from ...

   (*).
  The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.



  [Am. 17]

  3.   The delegation of powers referred to in Article 7(6) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
  4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
  5.   A delegated act adopted pursuant to Article 7(6) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.
  Article 12b
  Committee procedure
  1.   The Commission shall be assisted by the Committee for Fisheries and aquaculture established by Article 30 of Regulation (EC) No 2371/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (**).
  2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

  (*)  
  Date of entry into force of this Regulation.
  "


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

(6)

The following articles are inserted:

‘Article 12a

Exercise of the delegation

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

2.   The delegation of powers

  power to adopt delegated acts
  referred to in Article 7(6) shall be conferred
  on the Commission
  for an indeterminate

  a
  period of time

  three years starting from ...

   (*).
  The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

[Am. 17]

3.   The delegation of powers referred to in Article 7(6) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

5.   A delegated act adopted pursuant to Article 7(6) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

Article 12b

Committee procedure

1.   The Commission shall be assisted by the Committee for Fisheries and aquaculture established by Article 30 of Regulation (EC) No 2371/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (**).

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

(*)  
  Date of entry into force of this Regulation.
  "

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

Article 2

This Regulation shall enter into force on the 20th day following that of its publications 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 11, 15.1.2013, p. 86.

1

(2)  Position of the European Parliament of 11 September 2013.

2

(3)  Council Regulation (EC) No 1100/2007 of 18 September 2007 establishing measures for the recovery of the stock of European eel (OJ L 248, 22.9.2007, p. 17).

3

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

4

(5)  Commission Decision 2008/292/EC of 4 April 2008 establishing that the Black Sea and the river systems connected to it do not constitute a natural habitat for European eel for the purposes of Council Regulation (EC) No 1100/2007 (OJ L 98, 10.4.2008, p. 14).

5

(6)  Commission Decision 2009/310/EC of 2 April 2009 approving requests by Cyprus, Malta, Austria, Romania and Slovakia for exemption from the obligation to prepare an Eel Management Plan in accordance with Council Regulation (EC) No 1100/2007 (OJ L 91, 3.4.2009, p. 23).

6

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/401 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/401

---

P7_TA(2013)0359

Union Customs Code ***I

European Parliament legislative resolution of 11 September 2013 on the proposal for a regulation of the European Parliament and of the Council laying down the Union Customs Code (recast) (COM(2012)0064 — C7-0045/2012 — 2012/0027(COD))

(Ordinary legislative procedure — recast)

(2016/C 093/45)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0064), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0064),

| — | having regard to Article 294(2) and Articles 33, 114 and 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0045/2012), |
| --- | --- |

—

having regard to Article 294(2) and Articles 33, 114 and 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0045/2012),

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

—

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

| — | after transmission of the draft legislative act to the national parliaments, |
| --- | --- |

—

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

| — | having regard to the opinion of the European Economic and Social Committee of 23 May 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 23 May 2012 (1),

| — | having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (2),

| — | having regard to the letter of 12 July 2012 from the Committee on Legal Affairs to the Committee on the Internal Market and Consumer Protection in accordance with Rule 87(3) of its Rules of Procedure, |
| --- | --- |

—

having regard to the letter of 12 July 2012 from the Committee on Legal Affairs to the Committee on the Internal Market and Consumer Protection in accordance with Rule 87(3) of its Rules of Procedure,

| — | having regard to the undertaking given by the Council representative by letter of 22 May 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 22 May 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rules 87 and 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 87 and 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on International Trade (A7-0006/2013), |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on International Trade (A7-0006/2013),

| 1. | Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out, taking into account 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, the Commission and the national parliaments. |
| --- | --- |

3.

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

---

(1)  OJ C 229, 31.7.2012, p. 68.

(2)  OJ C 77, 28.3.2002, p. 1.

---

P7_TC1-COD(2012)0027

Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council laying down the Union Customs Code

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 952/2013.)

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/402 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/402

---

P7_TA(2013)0360

Collection of accountancy data on the incomes and business operation of agricultural holdings ***I

European Parliament legislative resolution of 11 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Community (COM(2011)0855 — C7-0468/2011 — 2011/0416(COD))

(Ordinary legislative procedure: first reading)

(2016/C 093/46)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0855), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0855),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0468/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0468/2011),

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

—

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

| — | having regard to the opinion of the European Economic and Social Committee of 22 February 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 22 February 2012 (1),

| — | having regard to the undertaking given by the Council representative by letter of 27 May 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 27 May 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A7-0179/2012), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A7-0179/2012),

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

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

3.

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

---

(1)  OJ C 143, 22.5.2012, p. 149.

---

P7_TC1-COD(2011)0416

Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Community

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1318/2013.)

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/403 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/403

---

P7_TA(2013)0361

Amendment of food safety directives as regards the powers to be conferred on the Commission ***I

European Parliament legislative resolution of 11 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC as regards the powers to be conferred on the Commission (COM(2012)0150 — C7-0089/2012 — 2012/0075(COD))

(Ordinary legislative procedure: first reading)

(2016/C 093/47)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0150), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0150),

| — | having regard to Article 294(2) and Articles 43(2) and 114(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0089/2012), |
| --- | --- |

—

having regard to Article 294(2) and Articles 43(2) and 114(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0089/2012),

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

—

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

| — | having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Austrian Federal Council, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Austrian Federal Council, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Economic and Social Committee of 23 May 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 23 May 2012 (1),

| — | having regard to the undertaking given by the Council representative by letter of 28 May 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 28 May 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety (A7-0045/2013), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety (A7-0045/2013),

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

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

3.

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

---

(1)  OJ C 229, 31.7.2012, p. 143.

---

P7_TC1-COD(2012)0075

Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Directives 1999/4/EC and 2000/36/EC of the European Parliament and of the Council and Council Directives 2001/111/EC, 2001/113/EC and 2001/114/EC as regards the powers to be conferred on the Commission

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1021/2013.)

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/404 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/404

---

P7_TA(2013)0362

EU-Cape Verde agreement on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the EU ***

European Parliament legislative resolution of 11 September 2013 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (05674/2013 — C7-0110/2013 — 2012/0271(NLE))

(Consent)

(2016/C 093/48)

The European Parliament,

| — | having regard to the draft Council decision (05674/2013), |
| --- | --- |

—

having regard to the draft Council decision (05674/2013),

| — | having regard to the draft Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (14203/2012), |
| --- | --- |

—

having regard to the draft Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (14203/2012),

| — | having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0110/2013), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0110/2013),

| — | having regard to Rules 81 and 90(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A7-0266/2013), |
| --- | --- |

—

having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A7-0266/2013),

| 1. | Consents to conclusion of the Agreement; |
| --- | --- |

1.

Consents to conclusion of the Agreement;

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Cape Verde. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Cape Verde.

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/405 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/405

---

P7_TA(2013)0363

EU-Cape Verde agreement on the readmission of persons residing without authorisation ***

European Parliament legislative resolution of 11 September 2013 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation (14546/2012 — C7-0109/2013 — 2012/0268(NLE))

(Consent)

(2016/C 093/49)

The European Parliament,

| — | having regard to the draft Council decision (14546/2012), |
| --- | --- |

—

having regard to the draft Council decision (14546/2012),

| — | having regard to the draft Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation (14759/2012), |
| --- | --- |

—

having regard to the draft Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation (14759/2012),

| — | having regard to the request for consent submitted by the Council in accordance with Article 79(3) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0109/2013), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 79(3) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0109/2013),

| — | having regard to Rules 81 and 90(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A7-0267/2013), |
| --- | --- |

—

having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A7-0267/2013),

| 1. | Consents to conclusion of the Agreement; |
| --- | --- |

1.

Consents to conclusion of the Agreement;

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Cape Verde. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Cape Verde.

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/406 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/406

---

P7_TA(2013)0354

Draft amending budget No 4/2013 — Staff of the European GNSS Agency — Staff of the Education, Audiovisual and Culture Executive Agency (EACEA) — Staff of the Court of Justice of the European Union

European Parliament resolution of 11 September 2013 on the Council position on Draft amending budget No 4/2013 of the European Union for the financial year 2013, Section III — Commission, Section IV — Court of Justice of the European Union (11696/2013 — C7-0247/2013 — 2013/2084(BUD))

(2016/C 093/50)

The European Parliament,

| — | having regard to Article 314 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty, |
| --- | --- |

—

having regard to Article 314 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty,

| — | having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), and in particular to Article 41 thereof, |
| --- | --- |

—

having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), and in particular to Article 41 thereof,

| — | having regard to the general budget of the European Union for the financial year 2013, as definitively adopted on 12 December 2012 (2) |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2013, as definitively adopted on 12 December 2012 (2)

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3),

| — | having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources (4), |
| --- | --- |

—

having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources (4),

| — | having regard to Draft amending budget No 4/2013, which the Commission submitted on 29 April 2013 (COM(2013)0254), |
| --- | --- |

—

having regard to Draft amending budget No 4/2013, which the Commission submitted on 29 April 2013 (COM(2013)0254),

| — | having regard to the position on Draft amending budget No 4/2013 which the Council adopted on 15 July 2013 (11696/2013 — C7-0247/2013), |
| --- | --- |

—

having regard to the position on Draft amending budget No 4/2013 which the Council adopted on 15 July 2013 (11696/2013 — C7-0247/2013),

| — | having regard to Rule 75b and 75e of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 75b and 75e of its Rules of Procedure,

| — | having regard to the letter of the Committee on Culture, |
| --- | --- |

—

having regard to the letter of the Committee on Culture,

| — | having regard to the report of the Committee on Budgets (A7-0285/2013), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A7-0285/2013),

| A. | whereas Draft amending budget No 4/2013 aims to modify the establishment plans of the European GNSS Agency by adding 20 posts due to the new tasks entrusted to it, of the Education, Audiovisual and Culture Executive Agency (EACEA) by adding two temporary agents and 13 contract agents due to the extension of its mandate and of the Court of Justice of the European Union by adding seven posts needed for the additional Advocates-General of the Court of Justice of the European Union, |
| --- | --- |

A.

whereas Draft amending budget No 4/2013 aims to modify the establishment plans of the European GNSS Agency by adding 20 posts due to the new tasks entrusted to it, of the Education, Audiovisual and Culture Executive Agency (EACEA) by adding two temporary agents and 13 contract agents due to the extension of its mandate and of the Court of Justice of the European Union by adding seven posts needed for the additional Advocates-General of the Court of Justice of the European Union,

| B. | whereas the proposed reinforcements are presented as budgetary neutral since they are planned to be fully offset by corresponding reductions in the Commission's section of the budget and for the Court of Justice of the European Union by the available appropriations within its own section, |
| --- | --- |

B.

whereas the proposed reinforcements are presented as budgetary neutral since they are planned to be fully offset by corresponding reductions in the Commission's section of the budget and for the Court of Justice of the European Union by the available appropriations within its own section,

| C. | whereas the recruitment of the 20 posts in question for the European GNSS Agency is a matter of urgency in order to allow the agency to prepare for its new tasks as of January 2014, |
| --- | --- |

C.

whereas the recruitment of the 20 posts in question for the European GNSS Agency is a matter of urgency in order to allow the agency to prepare for its new tasks as of January 2014,

| D. | whereas this Draft amending budget includes only the part of the original request of the Court of Justice of the European Union which is based on the Declaration number 38 annexed to the final act of the Intergouvernemental Conference which adopted the Lisbon Treaty, omitting the nine law clerks requested by the Court of Justice of the European Union, |
| --- | --- |

D.

whereas this Draft amending budget includes only the part of the original request of the Court of Justice of the European Union which is based on the Declaration number 38 annexed to the final act of the Intergouvernemental Conference which adopted the Lisbon Treaty, omitting the nine law clerks requested by the Court of Justice of the European Union,

| E. | whereas additional law clerks could alleviate the extra burden on the Court of Justice of the European Union, due to the failure of Council until now to agree on any system for adding Judges to the General Court (despite the need for such reform not being contested); whereas such posts have indeed been included in the Draft Budget presented by the Commission for 2014; |
| --- | --- |

E.

whereas additional law clerks could alleviate the extra burden on the Court of Justice of the European Union, due to the failure of Council until now to agree on any system for adding Judges to the General Court (despite the need for such reform not being contested); whereas such posts have indeed been included in the Draft Budget presented by the Commission for 2014;

| 1. | Takes note of Draft amending budget No 4/2013 as presented by the Commission and of the Council's position thereon; |
| --- | --- |

1.

Takes note of Draft amending budget No 4/2013 as presented by the Commission and of the Council's position thereon;

| 2. | Notes with regard to the staff increase for the European GNSS Agency that the offsetting through reductions in Commission staff will not start immediately in 2013 but will only be fully accomplished in the course of the next MFF period; |
| --- | --- |

2.

Notes with regard to the staff increase for the European GNSS Agency that the offsetting through reductions in Commission staff will not start immediately in 2013 but will only be fully accomplished in the course of the next MFF period;

| 3. | Is concerned about the misleading presentation of staff savings with regard to the Commission's establishment plan; notes that 13 contract agents and two posts are freed in Commission's direct services but are added to the EACEA establishment plan; notes that as all executive agencies are part of the Commission's administration, no removal from the Commission's budget, as presented, can be detected; is aware that staff employed within executive agencies are paid entirely by operational funds; |
| --- | --- |

3.

Is concerned about the misleading presentation of staff savings with regard to the Commission's establishment plan; notes that 13 contract agents and two posts are freed in Commission's direct services but are added to the EACEA establishment plan; notes that as all executive agencies are part of the Commission's administration, no removal from the Commission's budget, as presented, can be detected; is aware that staff employed within executive agencies are paid entirely by operational funds;

| 4. | Intends to support the additional posts for the Court of Justice of the European Union which the Commission omitted in this Draft, in the context of the annual budgetary procedure 2014; |
| --- | --- |

4.

Intends to support the additional posts for the Court of Justice of the European Union which the Commission omitted in this Draft, in the context of the annual budgetary procedure 2014;

| 5. | Approves the Council position on Draft amending budget No 4/2013; |
| --- | --- |

5.

Approves the Council position on Draft amending budget No 4/2013;

| 6. | Instructs its President to declare that Amending budget No 4/2013 has been definitively adopted and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

6.

Instructs its President to declare that Amending budget No 4/2013 has been definitively adopted and arrange for its publication in the Official Journal of the European Union;

| 7. | Instructs its President to forward this resolution to the Council, the Commission and the national parliaments. |
| --- | --- |

7.

Instructs its President to forward this resolution to the Council, the Commission and the national parliaments.

---

(1)  OJ L 298, 26.10.2012, p. 1.

(2)  OJ L 66, 8.3.2013.

(3)  OJ C 139, 14.6.2006, p. 1.

(4)  OJ L 163, 23.6.2007, p. 17.

---

Thursday 12 September 2013

| 9.3.2016 | EN | Official Journal of the European Union | C 93/408 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/408

---

P7_TA(2013)0369

Activities of the European Ombudsman in 2012

European Parliament resolution of 12 September 2013 on the annual report on the activities of the European Ombudsman 2012 (2013/2051(INI))

(2016/C 093/51)

The European Parliament,

| — | having regard to the annual report on the activities of the European Ombudsman 2012, |
| --- | --- |

—

having regard to the annual report on the activities of the European Ombudsman 2012,

| — | having regard to Article 24, third paragraph, Article 228, and Article 298 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Article 24, third paragraph, Article 228, and Article 298 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Articles 41 and 43 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Articles 41 and 43 of the Charter of Fundamental Rights of the European Union,

| — | having regard to its resolution of 18 June 2008 (1) on the adoption of a decision of the European Parliament amending its Decision 94/262/ECSC, EC, Euratom of the European Parliament of 9 March 1994, on the regulations and general conditions governing the performance of the Ombudsman’s duties (2), |
| --- | --- |

—

having regard to its resolution of 18 June 2008 (1) on the adoption of a decision of the European Parliament amending its Decision 94/262/ECSC, EC, Euratom of the European Parliament of 9 March 1994, on the regulations and general conditions governing the performance of the Ombudsman’s duties (2),

| — | having regard to the Framework Agreement on Cooperation concluded between the European Parliament and the European Ombudsman on 15 March 2006, which entered into force on 1 April 2006, |
| --- | --- |

—

having regard to the Framework Agreement on Cooperation concluded between the European Parliament and the European Ombudsman on 15 March 2006, which entered into force on 1 April 2006,

| — | having regard to the implementing provisions of the Statute of the Ombudsman of 1 January 2009 (3), |
| --- | --- |

—

having regard to the implementing provisions of the Statute of the Ombudsman of 1 January 2009 (3),

| — | having regard to its previous resolutions on the European Ombudsman’s activities, |
| --- | --- |

—

having regard to its previous resolutions on the European Ombudsman’s activities,

| — | having regard to Rule 205(2), second and third sentences, of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 205(2), second and third sentences, of its Rules of Procedure,

| — | having regard to the report of the Committee on Petitions (A7-0257/2013), |
| --- | --- |

—

having regard to the report of the Committee on Petitions (A7-0257/2013),

| A. | whereas the Annual Report on the European Ombudsman’s activities in 2012 was formally submitted to the President of Parliament on 21 May 2013, and the Ombudsman, Mr Nikiforos Diamandouros, presented the report to the Committee on Petitions in Brussels on 28 May 2013; |
| --- | --- |

A.

whereas the Annual Report on the European Ombudsman’s activities in 2012 was formally submitted to the President of Parliament on 21 May 2013, and the Ombudsman, Mr Nikiforos Diamandouros, presented the report to the Committee on Petitions in Brussels on 28 May 2013;

| B. | whereas the 2012 annual report is Mr Diamandouros’s last annual report as European Ombudsman, as on 14 March 2013 he informed the President of the European Parliament of his intention to retire on 1 October 2013; whereas Mr Diamandouros was first elected European Ombudsman in 2003 and subsequently re-elected in 2005 and 2010; |
| --- | --- |

B.

whereas the 2012 annual report is Mr Diamandouros’s last annual report as European Ombudsman, as on 14 March 2013 he informed the President of the European Parliament of his intention to retire on 1 October 2013; whereas Mr Diamandouros was first elected European Ombudsman in 2003 and subsequently re-elected in 2005 and 2010;

| C. | whereas Mr Diamandouros has completed ten years in office as European Ombudsman; whereas his successor is elected for the period from 1 October 2013 up to the European elections in 2014, after which a new election procedure has to be initiated by the new Parliament; |
| --- | --- |

C.

whereas Mr Diamandouros has completed ten years in office as European Ombudsman; whereas his successor is elected for the period from 1 October 2013 up to the European elections in 2014, after which a new election procedure has to be initiated by the new Parliament;

| D. | whereas Article 24 TFEU stipulates that ‘every citizen of the Union may apply to the Ombudsman established in accordance with Article 228’; |
| --- | --- |

D.

whereas Article 24 TFEU stipulates that ‘every citizen of the Union may apply to the Ombudsman established in accordance with Article 228’;

| E. | whereas Article 228 TFEU empowers the European Ombudsman to receive complaints concerning instances of maladministration in the activities of EU institutions, bodies, offices and agencies, with the exception of the Court of Justice of the European Union acting in its judicial role; |
| --- | --- |

E.

whereas Article 228 TFEU empowers the European Ombudsman to receive complaints concerning instances of maladministration in the activities of EU institutions, bodies, offices and agencies, with the exception of the Court of Justice of the European Union acting in its judicial role;

| F. | whereas, pursuant to Article 298 TFEU, the EU institutions, bodies, offices and agencies ‘shall have the support of an open, efficient and independent European administration’, and whereas the same article provides for the adoption, to that end, of specific secondary legislation, in the form of regulations, applicable to all areas of EU administration; |
| --- | --- |

F.

whereas, pursuant to Article 298 TFEU, the EU institutions, bodies, offices and agencies ‘shall have the support of an open, efficient and independent European administration’, and whereas the same article provides for the adoption, to that end, of specific secondary legislation, in the form of regulations, applicable to all areas of EU administration;

| G. | whereas Article 41 of the Charter of Fundamental Rights states that ‘every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union’; |
| --- | --- |

G.

whereas Article 41 of the Charter of Fundamental Rights states that ‘every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union’;

| H. | whereas the EU has designated 2013 ‘European Year of Citizens’ to celebrate the 20th anniversary of EU citizenship; |
| --- | --- |

H.

whereas the EU has designated 2013 ‘European Year of Citizens’ to celebrate the 20th anniversary of EU citizenship;

| I. | whereas Article 43 of the Charter of Fundamental Rights states that ‘Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the activities of the Community institutions or bodies, with the exception of the Court of Justice acting in its judicial role’; |
| --- | --- |

I.

whereas Article 43 of the Charter of Fundamental Rights states that ‘Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the Ombudsman of the Union cases of maladministration in the activities of the Community institutions or bodies, with the exception of the Court of Justice acting in its judicial role’;

| J. | whereas Parliament approved the Code of Good Administrative Behaviour, drafted by the Ombudsman, in its resolution of 6 September 2001; |
| --- | --- |

J.

whereas Parliament approved the Code of Good Administrative Behaviour, drafted by the Ombudsman, in its resolution of 6 September 2001;

| K. | whereas maladministration occurs when a public body fails to act in accordance with a rule or principle that is binding upon it; |
| --- | --- |

K.

whereas maladministration occurs when a public body fails to act in accordance with a rule or principle that is binding upon it;

| L. | whereas this definition does not limit maladministration to cases where the rule or principle that is being violated is legally binding; whereas the principles of good administration constitute a higher level of commitment than the law, requiring the EU institutions not only to respect their legal obligations, but also to embody the spirit of being service-minded and to ensure that all members of the public are treated with fairness, impartiality and dignity, and fully enjoy their rights; |
| --- | --- |

L.

whereas this definition does not limit maladministration to cases where the rule or principle that is being violated is legally binding; whereas the principles of good administration constitute a higher level of commitment than the law, requiring the EU institutions not only to respect their legal obligations, but also to embody the spirit of being service-minded and to ensure that all members of the public are treated with fairness, impartiality and dignity, and fully enjoy their rights;

| M. | whereas in 2012 the Ombudsman registered 2 442 complaints (2 510 in 2011) and processed 2 460 complaints (2 544 in 2011); whereas 740 complaints (30 %) fell within his mandate; |
| --- | --- |

M.

whereas in 2012 the Ombudsman registered 2 442 complaints (2 510 in 2011) and processed 2 460 complaints (2 544 in 2011); whereas 740 complaints (30 %) fell within his mandate;

| N. | whereas the majority of complaints (56 %) are received in electronic format for registration via the European Ombudsman’s interactive website, which is available in all 23 official languages; |
| --- | --- |

N.

whereas the majority of complaints (56 %) are received in electronic format for registration via the European Ombudsman’s interactive website, which is available in all 23 official languages;

| O. | whereas the Ombudsman opened 450 inquiries (382 in 2011) on the basis of complaints; whereas this constitutes an increase of 18 % compared to 2011; whereas he opened 15 own-initiative inquiries (14 in 2011) and presented one Special Report to Parliament; |
| --- | --- |

O.

whereas the Ombudsman opened 450 inquiries (382 in 2011) on the basis of complaints; whereas this constitutes an increase of 18 % compared to 2011; whereas he opened 15 own-initiative inquiries (14 in 2011) and presented one Special Report to Parliament;

| P. | whereas the Ombudsman closed 390 inquiries (including 10 own-initiative inquiries), of which 206 from 2012, 113 from 2011 and 71 from previous years; whereas 85,3 % (324) of closed inquiries were from individual citizens and 14,7 % (56) from companies, associations or other legal entities; |
| --- | --- |

P.

whereas the Ombudsman closed 390 inquiries (including 10 own-initiative inquiries), of which 206 from 2012, 113 from 2011 and 71 from previous years; whereas 85,3 % (324) of closed inquiries were from individual citizens and 14,7 % (56) from companies, associations or other legal entities;

| Q. | whereas 1 467 complaints received fell within the competence of a member of the European Network of Ombudsmen; whereas this network is composed of national and regional ombudsmen and similar bodies in the EU, the EEA, Switzerland and the candidate countries; whereas Parliament’s Committee on Petitions is a full member of the network; whereas the Ombudsman transferred 63 complaints to this committee; |
| --- | --- |

Q.

whereas 1 467 complaints received fell within the competence of a member of the European Network of Ombudsmen; whereas this network is composed of national and regional ombudsmen and similar bodies in the EU, the EEA, Switzerland and the candidate countries; whereas Parliament’s Committee on Petitions is a full member of the network; whereas the Ombudsman transferred 63 complaints to this committee;

| R. | whereas 52,7 % of inquiries opened in 2012 concerned the European Commission, 5,2 % the European Parliament, 3,0 % the European External Action Service, 1,5 % the European Investment Bank and 20,9 % other EU institutions, agencies or bodies; |
| --- | --- |

R.

whereas 52,7 % of inquiries opened in 2012 concerned the European Commission, 5,2 % the European Parliament, 3,0 % the European External Action Service, 1,5 % the European Investment Bank and 20,9 % other EU institutions, agencies or bodies;

| S. | whereas the main types of alleged maladministration investigated in 2012 concerned lawfulness (27,7 %), requests for information (12,5 %), fairness (10,3 %), time limits for decisions (8 %) and requests for access to documents (6,7 %); |
| --- | --- |

S.

whereas the main types of alleged maladministration investigated in 2012 concerned lawfulness (27,7 %), requests for information (12,5 %), fairness (10,3 %), time limits for decisions (8 %) and requests for access to documents (6,7 %);

| T. | whereas the Ombudsman found no maladministration in 76 cases closed (19 %) and maladministration in 56 cases (14 %); |
| --- | --- |

T.

whereas the Ombudsman found no maladministration in 76 cases closed (19 %) and maladministration in 56 cases (14 %);

| U. | whereas a finding of no maladministration is not necessarily a negative outcome for the complainant as he or she can benefit from receiving a full explanation from the institution concerned as well as the Ombudsman’s independent analysis of the case, and has the assurance that the institution concerned has acted in conformity with the principles of good administration; |
| --- | --- |

U.

whereas a finding of no maladministration is not necessarily a negative outcome for the complainant as he or she can benefit from receiving a full explanation from the institution concerned as well as the Ombudsman’s independent analysis of the case, and has the assurance that the institution concerned has acted in conformity with the principles of good administration;

| V. | whereas in 80 cases in 2012 a friendly solution was reached or the matter was settled by the institution concerned; whereas when the Ombudsman finds no maladministration or there are no grounds to continue an inquiry, he may issue a further remark; whereas a further remark aims to advise an institution on how it can improve the quality of the service it provides to citizens; |
| --- | --- |

V.

whereas in 80 cases in 2012 a friendly solution was reached or the matter was settled by the institution concerned; whereas when the Ombudsman finds no maladministration or there are no grounds to continue an inquiry, he may issue a further remark; whereas a further remark aims to advise an institution on how it can improve the quality of the service it provides to citizens;

| W. | whereas the Ombudsman closed 47 cases in which he found maladministration by addressing a critical remark to the institution; whereas in 9 cases the institution concerned accepted a draft recommendation; |
| --- | --- |

W.

whereas the Ombudsman closed 47 cases in which he found maladministration by addressing a critical remark to the institution; whereas in 9 cases the institution concerned accepted a draft recommendation;

| X. | whereas the Ombudsman makes a critical remark if:






  (i) | it is no longer possible for the institution involved to eliminate the instance of maladministration, |
| --- | --- | --- |

X.

whereas the Ombudsman makes a critical remark if:

(i)

it is no longer possible for the institution involved to eliminate the instance of maladministration,

| (ii) | the maladministration appears to have no general implications, and |
| --- | --- |

(ii)

the maladministration appears to have no general implications, and

| (iii) | no follow-up action seems necessary; whereas the Ombudsman also makes a critical remark if he considers that a draft recommendation would serve no useful purpose and he proceeds likewise in cases where the institution fails to accept a draft recommendation, and it is not deemed appropriate to submit a special report; |
| --- | --- |

(iii)

no follow-up action seems necessary; whereas the Ombudsman also makes a critical remark if he considers that a draft recommendation would serve no useful purpose and he proceeds likewise in cases where the institution fails to accept a draft recommendation, and it is not deemed appropriate to submit a special report;

| Y. | whereas the Ombudsman issues a draft recommendation when it is possible for the institution concerned to eliminate the maladministration, or where the maladministration is particularly serious or has general implications; whereas in 2012 the Ombudsman issued 17 draft recommendations; |
| --- | --- |

Y.

whereas the Ombudsman issues a draft recommendation when it is possible for the institution concerned to eliminate the maladministration, or where the maladministration is particularly serious or has general implications; whereas in 2012 the Ombudsman issued 17 draft recommendations;

| Z. | whereas in 2012 the Ombudsman sent one special report to the European Parliament; whereas this special report concerned the Commission’s handling of a complaint by citizens’ initiatives fighting against what they perceived to be the negative consequences of the expansion of Vienna Airport; whereas a special report to Parliament is the Ombudsman’s most powerful tool and constitutes the last substantive step the Ombudsman can take in dealing with a case; |
| --- | --- |

Z.

whereas in 2012 the Ombudsman sent one special report to the European Parliament; whereas this special report concerned the Commission’s handling of a complaint by citizens’ initiatives fighting against what they perceived to be the negative consequences of the expansion of Vienna Airport; whereas a special report to Parliament is the Ombudsman’s most powerful tool and constitutes the last substantive step the Ombudsman can take in dealing with a case;

| AA. | whereas Parliament’s report on the Special Report concluded that the Ombudsman’s concerns regarding possible maladministration were justified; |
| --- | --- |

AA.

whereas Parliament’s report on the Special Report concluded that the Ombudsman’s concerns regarding possible maladministration were justified;

| AB. | whereas the Ombudsman publishes a study each year on the institutions’ follow-up to his critical and further remarks; whereas the 2011 study showed that the rate of satisfactory follow-up of critical and further remarks was 84 %; |
| --- | --- |

AB.

whereas the Ombudsman publishes a study each year on the institutions’ follow-up to his critical and further remarks; whereas the 2011 study showed that the rate of satisfactory follow-up of critical and further remarks was 84 %;

| AC. | whereas in 2012 the Ombudsman focused in particular on the integration of persons with varying degrees of disability; whereas the Ombudsman, together with Parliament’s Committee on Petitions, the European Commission, the Fundamental Rights Agency and the European Disability Forum, works to protect, promote and monitor the implementation of the EU framework under the UN Convention on the Rights of Persons with Disabilities; whereas this convention is the first human rights treaty the EU has ever ratified; |
| --- | --- |

AC.

whereas in 2012 the Ombudsman focused in particular on the integration of persons with varying degrees of disability; whereas the Ombudsman, together with Parliament’s Committee on Petitions, the European Commission, the Fundamental Rights Agency and the European Disability Forum, works to protect, promote and monitor the implementation of the EU framework under the UN Convention on the Rights of Persons with Disabilities; whereas this convention is the first human rights treaty the EU has ever ratified;

| AD. | whereas the Council endorsed the proposal for an EU-level framework — including the Ombudsman and the Committee on Petitions — to monitor the implementation of the UN Convention on the Rights of Persons with Disabilities; |
| --- | --- |

AD.

whereas the Council endorsed the proposal for an EU-level framework — including the Ombudsman and the Committee on Petitions — to monitor the implementation of the UN Convention on the Rights of Persons with Disabilities;

| AE. | whereas in 2012 the Ombudsman was officially recognised as being ‘Committed to Excellence’ by the European Foundation for Quality Management; |
| --- | --- |

AE.

whereas in 2012 the Ombudsman was officially recognised as being ‘Committed to Excellence’ by the European Foundation for Quality Management;

| 1. | Approves the annual report for 2012 presented by the European Ombudsman; takes note of the fact that Mr Diamandouros will retire on 1 October 2013; |
| --- | --- |

1.

Approves the annual report for 2012 presented by the European Ombudsman; takes note of the fact that Mr Diamandouros will retire on 1 October 2013;

| 2. | Expresses its gratitude to Mr Diamandouros for his exemplary work as European Ombudsman over the past ten years and for the results he has achieved in making the EU fairer and more transparent; hopes that he may enjoy his retirement in good health and wishes him all the best in his further pursuits; |
| --- | --- |

2.

Expresses its gratitude to Mr Diamandouros for his exemplary work as European Ombudsman over the past ten years and for the results he has achieved in making the EU fairer and more transparent; hopes that he may enjoy his retirement in good health and wishes him all the best in his further pursuits;

| 3. | Acknowledges the excellent work the Ombudsman has done to both strengthen and deepen the dialogue with citizens, civil society, the institutions and other stakeholders at all levels; |
| --- | --- |

3.

Acknowledges the excellent work the Ombudsman has done to both strengthen and deepen the dialogue with citizens, civil society, the institutions and other stakeholders at all levels;

| 4. | Taking into account the fact that half of Europe’s citizens agree that the second most important citizens’ right is the right to good administration, considers that the Ombudsman’s continuous efforts to enhance and improve openness, transparency and accountability in decision-making processes and administrations in the European Union have made a decisive contribution towards creating a Union in which decisions are taken and implemented ‘as openly as possible and as closely as possible to the citizen’, as provided in Article 1 of the Treaty on the European Union; calls on the next European Ombudsman to continue her predecessor’s good work towards these important goals; |
| --- | --- |

4.

Taking into account the fact that half of Europe’s citizens agree that the second most important citizens’ right is the right to good administration, considers that the Ombudsman’s continuous efforts to enhance and improve openness, transparency and accountability in decision-making processes and administrations in the European Union have made a decisive contribution towards creating a Union in which decisions are taken and implemented ‘as openly as possible and as closely as possible to the citizen’, as provided in Article 1 of the Treaty on the European Union; calls on the next European Ombudsman to continue her predecessor’s good work towards these important goals;

| 5. | Acknowledges with respect the untiring commitment with which the Ombudsman has reached out to citizens to make them aware of their rights under the Treaties and encouraged the administrations of the institutions and bodies of the EU to become more transparent and service-minded; |
| --- | --- |

5.

Acknowledges with respect the untiring commitment with which the Ombudsman has reached out to citizens to make them aware of their rights under the Treaties and encouraged the administrations of the institutions and bodies of the EU to become more transparent and service-minded;

| 6. | Considers that the Ombudsman has always exercised his powers in an active and balanced way and thanks him for the excellent working relations and cooperation with the Parliament, in particular with its Committee on Petitions; |
| --- | --- |

6.

Considers that the Ombudsman has always exercised his powers in an active and balanced way and thanks him for the excellent working relations and cooperation with the Parliament, in particular with its Committee on Petitions;

| 7. | Notes that 52 % of European citizens consider that the Ombudsman's most important function is to ensure that EU citizens know their rights and how to use them, and that therefore the Ombudsman needs to improve communication with Europe’s citizens and enhance cooperation with the European Network of Ombudsmen; |
| --- | --- |

7.

Notes that 52 % of European citizens consider that the Ombudsman's most important function is to ensure that EU citizens know their rights and how to use them, and that therefore the Ombudsman needs to improve communication with Europe’s citizens and enhance cooperation with the European Network of Ombudsmen;

| 8. | Calls for the requisite steps to be taken to accelerate the procedures for investigating complaints, conducting enquiries and taking decisions; |
| --- | --- |

8.

Calls for the requisite steps to be taken to accelerate the procedures for investigating complaints, conducting enquiries and taking decisions;

| 9. | Reiterates the fact that 42 % of European citizens are not satisfied with the level of transparency in the EU administration, and highlights the need for the Ombudsman to continue his efforts in helping the EU institutions become more open, effective and citizen-friendly, building bridges between the institutions and citizens; |
| --- | --- |

9.

Reiterates the fact that 42 % of European citizens are not satisfied with the level of transparency in the EU administration, and highlights the need for the Ombudsman to continue his efforts in helping the EU institutions become more open, effective and citizen-friendly, building bridges between the institutions and citizens;

| 10. | Notes that transparency-related complaints have always been at the top of the Ombudsman’s complaints list; notes also that such complaints are decreasing from the peak year of 2008, in which 36 % of complainants alleged lack of transparency, to 21,5 % in 2012; considers that this is a sign that the EU institutions have made significant efforts to become more transparent; calls on the EU institutions, agencies and bodies to help bring this number down further by cooperating with and implementing the recommendations of the European Ombudsman; remains nevertheless concerned about the still large number of complaints regarding openness, public access and personal data, as these issues are jeopardising interinstitutional dialogue, the EU's public image and the public’s attitude towards the EU; |
| --- | --- |

10.

Notes that transparency-related complaints have always been at the top of the Ombudsman’s complaints list; notes also that such complaints are decreasing from the peak year of 2008, in which 36 % of complainants alleged lack of transparency, to 21,5 % in 2012; considers that this is a sign that the EU institutions have made significant efforts to become more transparent; calls on the EU institutions, agencies and bodies to help bring this number down further by cooperating with and implementing the recommendations of the European Ombudsman; remains nevertheless concerned about the still large number of complaints regarding openness, public access and personal data, as these issues are jeopardising interinstitutional dialogue, the EU's public image and the public’s attitude towards the EU;

| 11. | Reiterates that transparency, openness, access to information, respect for the rights of citizens, and high ethical standards are essential for maintaining trust between citizens and the institutions and that, particularly in the current difficult economic situation, this trust is extremely important for the future of European integration; |
| --- | --- |

11.

Reiterates that transparency, openness, access to information, respect for the rights of citizens, and high ethical standards are essential for maintaining trust between citizens and the institutions and that, particularly in the current difficult economic situation, this trust is extremely important for the future of European integration;

| 12. | Calls on the EU Institutions, in the light of the growing digitisation of public administration, to respond to the special needs of older people, many of whom are not familiar with modern information and communication technologies, and to compensate for this by means of user-friendly applications, practical online help programs and readily accessible non-digital contact opportunities; |
| --- | --- |

12.

Calls on the EU Institutions, in the light of the growing digitisation of public administration, to respond to the special needs of older people, many of whom are not familiar with modern information and communication technologies, and to compensate for this by means of user-friendly applications, practical online help programs and readily accessible non-digital contact opportunities;

| 13. | Notes that in 2012 the Ombudsman registered 2 442 complaints and that it was a record year in terms of both inquiries opened (465 = + 18 % compared with 2011) and inquiries closed (390 = + 23 %); |
| --- | --- |

13.

Notes that in 2012 the Ombudsman registered 2 442 complaints and that it was a record year in terms of both inquiries opened (465 = + 18 % compared with 2011) and inquiries closed (390 = + 23 %);

| 14. | Notes with satisfaction the ten ‘star cases’ presented by the Ombudsman, which provide model examples for administrative practice in the various EU institutions in a variety of fields; |
| --- | --- |

14.

Notes with satisfaction the ten ‘star cases’ presented by the Ombudsman, which provide model examples for administrative practice in the various EU institutions in a variety of fields;

| 15. | Considers that the decrease in the total number of complaints submitted to the Ombudsman in 2012 is further proof of the success of the interactive guide on his website, which is a powerful tool designed to help ensure that fewer citizens complain to the Ombudsman for the wrong reason and to improve the possibilities for advising complainants on where to turn to instead; notices that the trend confirms that an increasing number of people turning to the European Ombudsman are doing so for the right reasons; suggests that Members of the European Parliament, EU institutions, bodies and agencies, as well as members of the European Network of Ombudsmen, install a direct link to the interactive guide on their websites and social media channels; |
| --- | --- |

15.

Considers that the decrease in the total number of complaints submitted to the Ombudsman in 2012 is further proof of the success of the interactive guide on his website, which is a powerful tool designed to help ensure that fewer citizens complain to the Ombudsman for the wrong reason and to improve the possibilities for advising complainants on where to turn to instead; notices that the trend confirms that an increasing number of people turning to the European Ombudsman are doing so for the right reasons; suggests that Members of the European Parliament, EU institutions, bodies and agencies, as well as members of the European Network of Ombudsmen, install a direct link to the interactive guide on their websites and social media channels;

| 16. | Highlights the fact that the number of complaints outside the Ombudsman’s mandate (1 720) was the lowest in ten years; calls on the Ombudsman to continue his efforts to further reduce these cases; |
| --- | --- |

16.

Highlights the fact that the number of complaints outside the Ombudsman’s mandate (1 720) was the lowest in ten years; calls on the Ombudsman to continue his efforts to further reduce these cases;

| 17. | Recognises the important contribution of the European Network of Ombudsmen and emphasises the usefulness of an efficient cooperation for the benefit of European citizens; notes that 60 % of the complaints the Ombudsman processed in 2012 fell within the competence of a member of the network; recalls that the Committee on Petitions is a full member of the network; notes that in 2012 the Ombudsman transferred 63 complaints to this committee; congratulates the European Ombudsman on successfully coordinating the network; considers that this is a vital function of the Ombudsman's activities and that cooperation in the network should be deepened in order to improve the national administration of EU law; recommends that the network be expanded to include relevant national bodies; considers that the Ombudsman's participation in European and international Ombudsman associations should be maintained and strengthened; |
| --- | --- |

17.

Recognises the important contribution of the European Network of Ombudsmen and emphasises the usefulness of an efficient cooperation for the benefit of European citizens; notes that 60 % of the complaints the Ombudsman processed in 2012 fell within the competence of a member of the network; recalls that the Committee on Petitions is a full member of the network; notes that in 2012 the Ombudsman transferred 63 complaints to this committee; congratulates the European Ombudsman on successfully coordinating the network; considers that this is a vital function of the Ombudsman's activities and that cooperation in the network should be deepened in order to improve the national administration of EU law; recommends that the network be expanded to include relevant national bodies; considers that the Ombudsman's participation in European and international Ombudsman associations should be maintained and strengthened;

| 18. | Notes that, as in previous years, most inquiries opened by the Ombudsman concerned the Commission (52,7 %); notes that the number of inquiries opened in 2012 concerning the European Parliament almost doubled compared with 2011; calls on its Secretariat to cooperate fully with the Ombudsman and ensure compliance and consistency with his recommendations and comments regarding administrative practices; |
| --- | --- |

18.

Notes that, as in previous years, most inquiries opened by the Ombudsman concerned the Commission (52,7 %); notes that the number of inquiries opened in 2012 concerning the European Parliament almost doubled compared with 2011; calls on its Secretariat to cooperate fully with the Ombudsman and ensure compliance and consistency with his recommendations and comments regarding administrative practices;

| 19. | Highlights the fact that every closed inquiry represents a step in the right direction and a good opportunity for bringing in the improvements that the public has identified and called for, as a way of making the concept of European citizenship as participatory as possible with regards to the European legislative process; |
| --- | --- |

19.

Highlights the fact that every closed inquiry represents a step in the right direction and a good opportunity for bringing in the improvements that the public has identified and called for, as a way of making the concept of European citizenship as participatory as possible with regards to the European legislative process;

| 20. | Commends the Ombudsman on his initiative of publishing a set of public-service principles which should guide the conduct of EU civil servants; recalls that the five public service principles are: commitment to the European Union and its citizens, integrity, objectivity, respect for others and transparency; calls on the EU institutions, agencies and bodies to internalise these principles in all their operations; |
| --- | --- |

20.

Commends the Ombudsman on his initiative of publishing a set of public-service principles which should guide the conduct of EU civil servants; recalls that the five public service principles are: commitment to the European Union and its citizens, integrity, objectivity, respect for others and transparency; calls on the EU institutions, agencies and bodies to internalise these principles in all their operations;

| 21. | Welcomes the fact that in June 2013 the Ombudsman published a new edition of the European Code of Good Administrative Behaviour, taking into account the principles of European administrative law contained in the case-law of the European courts; |
| --- | --- |

21.

Welcomes the fact that in June 2013 the Ombudsman published a new edition of the European Code of Good Administrative Behaviour, taking into account the principles of European administrative law contained in the case-law of the European courts;

| 22. | Is pleased with the Ombudsman's involvement in a number of different conferences focusing on better public administration, including one which he co-organised with the Research Network on EU Administrative Law (ReNEUAL); |
| --- | --- |

22.

Is pleased with the Ombudsman's involvement in a number of different conferences focusing on better public administration, including one which he co-organised with the Research Network on EU Administrative Law (ReNEUAL);

| 23. | Reiterates the call made in its resolution of 15 January 2013 (4) on the Commission to adopt common binding rules and principles on administrative procedure in the EU’s administration and to present a draft regulation to this end on the basis of Article 298 TFEU; considers that the experiences of the Ombudsman to date and his publications reporting on them provide appropriate guidance for the substance of such a legislative proposal; considers that this would be the best way to ensure lasting change in the administrative culture of the EU institutions; |
| --- | --- |

23.

Reiterates the call made in its resolution of 15 January 2013 (4) on the Commission to adopt common binding rules and principles on administrative procedure in the EU’s administration and to present a draft regulation to this end on the basis of Article 298 TFEU; considers that the experiences of the Ombudsman to date and his publications reporting on them provide appropriate guidance for the substance of such a legislative proposal; considers that this would be the best way to ensure lasting change in the administrative culture of the EU institutions;

| 24. | Is pleased to note that the institutions provided 98 positive replies to the 120 remarks and recommendations that the Ombudsman made in the context of his inquiries in 2012, which means that in 82 % of cases the EU institutions comply with the Ombudsman’s suggestions; calls on all EU institutions, agencies and bodies to do their utmost to ensure full compliance with the Ombudsman’s remarks and recommendations and to assist the Ombudsman in speedily responding to his inquiries by, inter alia, working together with the Ombudsman to reduce the deadlines in the inquiry process; |
| --- | --- |

24.

Is pleased to note that the institutions provided 98 positive replies to the 120 remarks and recommendations that the Ombudsman made in the context of his inquiries in 2012, which means that in 82 % of cases the EU institutions comply with the Ombudsman’s suggestions; calls on all EU institutions, agencies and bodies to do their utmost to ensure full compliance with the Ombudsman’s remarks and recommendations and to assist the Ombudsman in speedily responding to his inquiries by, inter alia, working together with the Ombudsman to reduce the deadlines in the inquiry process;

| 25. | Recalls that in 2012 the Ombudsman submitted one special report to Parliament, which concerned the Commission’s failure to address a conflict of interest in the handling of the expansion of Vienna Airport, the lack of Environmental Impact Assessment relating to that expansion, and the absence of review procedures available to those who complained about the construction project and the absence of an EIA; acknowledges the opportuneness of such a report given the issues involved; recalls that in response to this special report the Committee on Petitions made forward-looking proposals for the current revision of the EIA Directive and for an EU administrative law; |
| --- | --- |

25.

Recalls that in 2012 the Ombudsman submitted one special report to Parliament, which concerned the Commission’s failure to address a conflict of interest in the handling of the expansion of Vienna Airport, the lack of Environmental Impact Assessment relating to that expansion, and the absence of review procedures available to those who complained about the construction project and the absence of an EIA; acknowledges the opportuneness of such a report given the issues involved; recalls that in response to this special report the Committee on Petitions made forward-looking proposals for the current revision of the EIA Directive and for an EU administrative law;

| 26. | Considers that, especially when a draft recommendation is made, the knowledge that the next step could be a special report to Parliament often helps persuade an institution or body to alter its position; |
| --- | --- |

26.

Considers that, especially when a draft recommendation is made, the knowledge that the next step could be a special report to Parliament often helps persuade an institution or body to alter its position;

| 27. | Notes that the previous and the current Ombudsman have in 17 and a half years presented only 18 special reports; considers that this is proof of the cooperative approach adopted by the EU institutions in the majority of cases; acknowledges the importance of these special reports and encourages the Ombudsman to further pursue such cases when it comes to important cases of maladministration concerning EU institutions, bodies, offices and agencies; |
| --- | --- |

27.

Notes that the previous and the current Ombudsman have in 17 and a half years presented only 18 special reports; considers that this is proof of the cooperative approach adopted by the EU institutions in the majority of cases; acknowledges the importance of these special reports and encourages the Ombudsman to further pursue such cases when it comes to important cases of maladministration concerning EU institutions, bodies, offices and agencies;

| 28. | Emphasises that International Right to Know Day on 28 September is an initiative which raises the profile of the Ombudsman among the European public and is an example of good practice; |
| --- | --- |

28.

Emphasises that International Right to Know Day on 28 September is an initiative which raises the profile of the Ombudsman among the European public and is an example of good practice;

| 29. | Welcomes the Ombudsman's participation, alongside Parliament's Committee on Petitions, the European Disability Forum, the Commission and the Fundamental Rights Agency, in the EU-level Article 33(2) Framework, which is charged with protecting, promoting and monitoring the implementation of the UN Convention on the Rights of Persons with Disabilities; calls on the Ombudsman to put special emphasis in his work on the needs of highly vulnerable social groups, including those with disabilities; |
| --- | --- |

29.

Welcomes the Ombudsman's participation, alongside Parliament's Committee on Petitions, the European Disability Forum, the Commission and the Fundamental Rights Agency, in the EU-level Article 33(2) Framework, which is charged with protecting, promoting and monitoring the implementation of the UN Convention on the Rights of Persons with Disabilities; calls on the Ombudsman to put special emphasis in his work on the needs of highly vulnerable social groups, including those with disabilities;

| 30. | Welcomes the Ombudsman's efforts to safeguard the implementation of the Charter of Fundamental Rights by the EU's institutions, also through his own-initiative inquiries; foresees another, similar, duty being conferred onto the Ombudsman with the accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms, as required by Article 6 of the Treaty on European Union; |
| --- | --- |

30.

Welcomes the Ombudsman's efforts to safeguard the implementation of the Charter of Fundamental Rights by the EU's institutions, also through his own-initiative inquiries; foresees another, similar, duty being conferred onto the Ombudsman with the accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms, as required by Article 6 of the Treaty on European Union;

| 31. | Stresses the importance of the Ombudsman's own-initiative inquiries, which allow him to address issues that are not otherwise brought to his attention owing to the fact that the public do not have the requisite information or resources to apply to him; considers it important to increase the visibility of the Office of the European Ombudsman; |
| --- | --- |

31.

Stresses the importance of the Ombudsman's own-initiative inquiries, which allow him to address issues that are not otherwise brought to his attention owing to the fact that the public do not have the requisite information or resources to apply to him; considers it important to increase the visibility of the Office of the European Ombudsman;

| 32. | Welcomes the adoption during 2012 of a law establishing an ombudsman institution in Turkey; acknowledges the role of the European Ombudsman's support and advice in this development; is pleased with the fact that all the candidate countries have now established an ombudsman institution at national level; considers that experience shows that the Ombudsman is a highly useful body for the improvement of good administration, the rule of law and defence of human rights and that the Member States that have yet to establish an Ombudsman institution should therefore actively consider doing so; calls on the European Ombudsman to carry on assisting future candidate countries in this process; |
| --- | --- |

32.

Welcomes the adoption during 2012 of a law establishing an ombudsman institution in Turkey; acknowledges the role of the European Ombudsman's support and advice in this development; is pleased with the fact that all the candidate countries have now established an ombudsman institution at national level; considers that experience shows that the Ombudsman is a highly useful body for the improvement of good administration, the rule of law and defence of human rights and that the Member States that have yet to establish an Ombudsman institution should therefore actively consider doing so; calls on the European Ombudsman to carry on assisting future candidate countries in this process;

| 33. | Instructs its President to forward this resolution and the report of the Committee on Petitions to the Council, the Commission, the European Ombudsman, the governments and parliaments of the Member States and their ombudsmen or similar competent bodies. |
| --- | --- |

33.

Instructs its President to forward this resolution and the report of the Committee on Petitions to the Council, the Commission, the European Ombudsman, the governments and parliaments of the Member States and their ombudsmen or similar competent bodies.

---

(1)  OJ C 286 E, 27.11.2009, p. 172.

(2)  OJ L 113, 4.5.1994, p. 15.

(3)  Adopted on 8 July 2002 and amended by decisions of the Ombudsman of 5 April 2004 and 3 December 2008.

(4)  Texts adopted, P7_TA(2013)0004.

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/414 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/414

---

P7_TA(2013)0370

Third countries whose nationals must be in possession of visas when crossing the external borders ***I

European Parliament legislative resolution of 12 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (COM(2011)0290 — C7-0135/2011 — 2011/0138(COD))

(Ordinary legislative procedure: first reading)

(2016/C 093/52)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0290), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0290),

| — | having regard to Article 294(2) and Article 77(2)(a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7–0135/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 77(2)(a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7–0135/2011),

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

—

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

| — | having regard to the undertaking given by the Council representative by letter of 18 July 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 18 July 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Foreign Affairs (A7-0139/2013), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Foreign Affairs (A7-0139/2013),

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

1.

Adopts its position at first reading hereinafter set out;

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

2.

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

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

3.

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

---

P7_TC1-COD(2011)0138

Position of the European Parliament adopted at first reading on 12 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1289/2013.)

---

| 9.3.2016 | EN | Official Journal of the European Union | C 93/415 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/415

---

P7_TA(2013)0371

European Banking Authority and prudential supervision of credit institutions ***I

European Parliament legislative resolution of 12 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1093/2010 establishing a European Supervisory Authority (European Banking Authority) as regards its interaction with Council Regulation (EU) No .../... conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (COM(2012)0512 — C7-0289/2012 — 2012/0244(COD))

(Ordinary legislative procedure: first reading)

(2016/C 093/53)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0512), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0512),

| — | having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0289/2012), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0289/2012),

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

—

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

| — | having regard to the opinion of the European Central Bank of 27 November 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Central Bank of 27 November 2012 (1),

| — | having regard to the opinion of the European Economic and Social Committee of 15 November 2012 (2), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 15 November 2012 (2),

| — | having regard to the undertaking given by the Council representative by letter of 18 April 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 18 April 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the letter of the Committee on Legal Affairs, |
| --- | --- |

—

having regard to the letter of the Committee on Legal Affairs,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Budgets and the Committee on Constitutional Affairs (A7-0393/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Budgets and the Committee on Constitutional Affairs (A7-0393/2012),

| 1. | Adopts its position at first reading hereinafter set out (3); |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out (3);

| 2. | Takes note of the joint statement by the President of the European Parliament and by the President of the European Central Bank annexed to this resolution; |
| --- | --- |

2.

Takes note of the joint statement by the President of the European Parliament and by the President of the European Central Bank annexed to this resolution;

| 3. | Stresses that point 47 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management should apply for the extension of the mandate for the European Banking Authority; emphasises that any decision of the legislative authority in favour of such an extension shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure; |
| --- | --- |

3.

Stresses that point 47 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management should apply for the extension of the mandate for the European Banking Authority; emphasises that any decision of the legislative authority in favour of such an extension shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure;

| 4. | Requests the Commission to present a financial statement which fully takes into account the result of the legislative agreement between the European Parliament and the Council to meet the budgetary and staff requirements of the European Banking Authority, the Commission services and possibly of the European Central Bank; |
| --- | --- |

4.

Requests the Commission to present a financial statement which fully takes into account the result of the legislative agreement between the European Parliament and the Council to meet the budgetary and staff requirements of the European Banking Authority, the Commission services and possibly of the European Central Bank;

| 5. | 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; |
| --- | --- |

5.

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;

| 6. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

6.

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

---

(1)  OJ C 30, 1.2.2013, p. 6.

(2)  OJ C 11, 15.1.2013, p. 34.

(3)  This position replaces the amendments adopted on 22 May 2013 (Texts adopted P7_TA(2013)0212).

---

P7_TC1-COD(2012)0244

Position of the European Parliament adopted at first reading on 12 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Regulation (EU) No 1093/2010 establishing a European Supervisory Authority (European Banking Authority) as regards the conferral of specific tasks on the European Central Bank pursuant to Council Regulation (EU) No 1024/2013

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1022/2013.)

---

Annex to the legislative resolution

Declaration of the President of the European Parliament and of the President of the European Central Bank on the occasion of the EP vote for the adoption of Council Regulation (EU) No 1024/2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions

In line with the provisions of Regulation (EU) No 1024/2013 of the Council, and in particular Article 20 thereof, we, the Presidents of the European Parliament and of the European Central Bank, hereby declare our full support for the draft text of the Interinstitutional Agreement between the European Parliament and the European Central Bank on cooperation on procedures related to the Single Supervisory Mechanism (SSM) agreed between our respective negotiating teams. We accordingly call on our two institutions to formally adopt the Interinstitutional Agreement as soon as possible.

It provides for a high degree of accountability of the ECB in the exercise of its tasks under the Single Supervisory Mechanism (SSM) vis-à-vis the European Parliament as well as adequate safeguards for the protection of confidential information. The draft Interinstitutional Agreement provides in particular for strong parliamentary oversight of the ECB’s supervisory tasks through regular exchanges of views with Parliament's responsible committee, confidential oral discussions with the Bureau of that committee, and further access to information including to a record of proceedings of the Supervisory Board. ECB cooperation with the European Parliament in the framework of its investigations is also ensured.

In addition, the draft IIA specifies the parliamentary involvement in the selection procedure of the Chair of the Supervisory Board. In view of our common objective to advance as quickly as possible with the establishment of the SSM as an important step towards a full banking union, our two institutions intend to progress rapidly with the first selection procedure for the appointment of the Chair of the Supervisory Board.

Strasbourg/Frankfurt on 12 September 2013

Martin Schulz

Mario Draghi

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/417 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/417

---

P7_TA(2013)0372

Specific tasks for the European Central Bank concerning policies relating to the prudential supervision of credit institutions *

European Parliament legislative resolution of 12 September 2013 on the proposal for a Council regulation conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (COM(2012)0511 — C7-0314/2012 — 2012/0242(CNS))

(Special legislative procedure — consultation)

(2016/C 093/54)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2012)0511), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2012)0511),

| — | having regard to Article 127(6) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0314/2012), |
| --- | --- |

—

having regard to Article 127(6) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0314/2012),

| — | having regard to Protocol No 4 on the Statute of the European System of Central Banks and of the European Central Bank, |
| --- | --- |

—

having regard to Protocol No 4 on the Statute of the European System of Central Banks and of the European Central Bank,

| — | having regard to the letter of the Committee on Legal Affairs, |
| --- | --- |

—

having regard to the letter of the Committee on Legal Affairs,

| — | having regard to the letter of the Committee on Civil Liberties, Justice and Home Affairs, |
| --- | --- |

—

having regard to the letter of the Committee on Civil Liberties, Justice and Home Affairs,

| — | having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Constitutional Affairs (A7-0392/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Constitutional Affairs (A7-0392/2012),

| 1. | Approves the Commission proposal as amended (1); |
| --- | --- |

1.

Approves the Commission proposal as amended (1);

| 2. | Takes note of the joint statement by the President of the European Parliament and by the President of the European Central Bank annexed to this resolution; |
| --- | --- |

2.

Takes note of the joint statement by the President of the European Parliament and by the President of the European Central Bank annexed to this resolution;

| 3. | Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union; |
| --- | --- |

3.

Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

| 4. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

4.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 5. | Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal; |
| --- | --- |

5.

Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

| 6. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

6.

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

---

(1)  This position replaces the amendments adopted on 22 May 2013 (Texts adopted P7_TA(2013)0213).

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P7_TC1-CNS(2012)0242

Position of the European Parliament adopted on 12 September 2013 with a view to the adoption of Council Regulation (EU) No .../2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1024/2013.)

---

Annex to the legislative resolution

Declaration of the President of the European Parliament and of the President of the European Central Bank on the occasion of the EP vote for the adoption of Council Regulation (EU) No 1024/2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions

In line with the provisions of Regulation (EU) No 1024/2013 of the Council, and in particular Article 20 thereof, we, the Presidents of the European Parliament and of the European Central Bank, hereby declare our full support for the draft text of the Interinstitutional Agreement between the European Parliament and the European Central Bank on cooperation on procedures related to the Single Supervisory Mechanism (SSM) agreed between our respective negotiating teams. We accordingly call on our two institutions to formally adopt the Interinstitutional Agreement as soon as possible.

It provides for a high degree of accountability of the ECB in the exercise of its tasks under the Single Supervisory Mechanism (SSM) vis-à-vis the European Parliament as well as adequate safeguards for the protection of confidential information. The draft Interinstitutional Agreement provides in particular for strong parliamentary oversight of the ECB’s supervisory tasks through regular exchanges of views with Parliament's responsible committee, confidential oral discussions with the Bureau of that committee, and further access to information including to a record of proceedings of the Supervisory Board. ECB cooperation with the European Parliament in the framework of its investigations is also ensured.

In addition, the draft IIA specifies the parliamentary involvement in the selection procedure of the Chair of the Supervisory Board. In view of our common objective to advance as quickly as possible with the establishment of the SSM as an important step towards a full banking union, our two institutions intend to progress rapidly with the first selection procedure for the appointment of the Chair of the Supervisory Board.

Strasbourg/Frankfurt on 12 September 2013

Martin Schulz

Mario Draghi

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| 9.3.2016 | EN | Official Journal of the European Union | C 93/419 |
| --- | --- | --- | --- |

9.3.2016

EN

Official Journal of the European Union

C 93/419

---

P7_TA(2013)0373

Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union ***I

Amendments adopted by the European Parliament on 12 September 2013 on the proposal for a regulation of the European Parliament and of the Council on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union (COM(2012)0576 — C7-0322/2012 — 2012/0278(COD)) (1)

(Ordinary legislative procedure: first reading)

(2016/C 093/55)

Amendment 1

Proposal for a regulation

Citation - 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Having regard to the Convention on Biological Diversity and to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization
  , |

Text proposed by the Commission

Amendment

Having regard to the Convention on Biological Diversity and to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization
  ,

Amendment 2

Proposal for a regulation

Recital - 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-1) | The Union has put in place an ‘EU Biodiversity Strategy to 2020’, which commits it to stepping up its contribution to averting global biodiversity loss by 2020
  . |

Text proposed by the Commission

Amendment

(-1)

The Union has put in place an ‘EU Biodiversity Strategy to 2020’, which commits it to stepping up its contribution to averting global biodiversity loss by 2020
  .

Amendment 3

Proposal for a regulation

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | A broad range of
  players
  in the Union, including academic researchers and companies from different sectors of industry, use genetic resources for research, development and commercialisation purposes; some also use traditional knowledge associated with genetic resources. |

Text proposed by the Commission

Amendment

(1)

A broad range of
  players
  in the Union, including academic researchers and companies from different sectors of industry, use genetic resources for research, development and commercialisation purposes; some also use traditional knowledge associated with genetic resources.

| (1) | A broad range of
  users and suppliers
  in the Union, including academic researchers and companies from different sectors of industry, use genetic resources for research, development and commercialisation purposes; some also use traditional knowledge associated with genetic resources.
  Research and development activities imply not only the study and analysis of the genetic or biochemical composition of genetic resources but also measures to generate innovation and practical applications. The successful implementation of the Nagoya Protocol also depends on the way in which users and suppliers of genetic resources or traditional knowledge associated with genetic resources are able to negotiate agreed conditions for the promotion of biodiversity conservation in accordance with the ‘EU biodiversity strategy to 2020’. |
| --- | --- |

(1)

A broad range of
  users and suppliers
  in the Union, including academic researchers and companies from different sectors of industry, use genetic resources for research, development and commercialisation purposes; some also use traditional knowledge associated with genetic resources.
  Research and development activities imply not only the study and analysis of the genetic or biochemical composition of genetic resources but also measures to generate innovation and practical applications. The successful implementation of the Nagoya Protocol also depends on the way in which users and suppliers of genetic resources or traditional knowledge associated with genetic resources are able to negotiate agreed conditions for the promotion of biodiversity conservation in accordance with the ‘EU biodiversity strategy to 2020’.

Amendment 4

Proposal for a regulation

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | Genetic resources represent the gene pool in both natural and cultivated or domesticated stocks and play a significant and growing role in many economic sectors including food production, forestry, development of medicines, or development of bio-based sources of
  renewable
  energy. |

Text proposed by the Commission

Amendment

(2)

Genetic resources represent the gene pool in both natural and cultivated or domesticated stocks and play a significant and growing role in many economic sectors including food production, forestry, development of medicines, or development of bio-based sources of
  renewable
  energy.

| (2) | Genetic resources represent the gene pool in both natural and cultivated or domesticated stocks and play a significant and growing role in many economic sectors including food production, forestry,
  biotechnology,
  development
  and production
  of medicines,
  cosmetics
  or development of bio-based sources of energy.
  Genetic resources play a significant role in the implementation of strategies designed to restore damaged ecosystems and safeguard endangered species. |
| --- | --- |

(2)

Genetic resources represent the gene pool in both natural and cultivated or domesticated stocks and play a significant and growing role in many economic sectors including food production, forestry,
  biotechnology,
  development
  and production
  of medicines,
  cosmetics
  or development of bio-based sources of energy.
  Genetic resources play a significant role in the implementation of strategies designed to restore damaged ecosystems and safeguard endangered species.

Amendment 5

Proposal for a regulation

Recital 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (2a) | The Union recognises the interdependence of all countries with regard to genetic resources for food and agriculture, as well as the special nature and importance of those resources for achieving food security worldwide and for the sustainable development of agriculture in the context of poverty alleviation and climate change, and acknowledges the fundamental role of the International Treaty on Plant Genetic Resources for Food and Agriculture and the FAO Commission on Genetic Resources for Food and Agriculture in this regard. |

Text proposed by the Commission

Amendment

(2a)

The Union recognises the interdependence of all countries with regard to genetic resources for food and agriculture, as well as the special nature and importance of those resources for achieving food security worldwide and for the sustainable development of agriculture in the context of poverty alleviation and climate change, and acknowledges the fundamental role of the International Treaty on Plant Genetic Resources for Food and Agriculture and the FAO Commission on Genetic Resources for Food and Agriculture in this regard.

Amendment 6

Proposal for a regulation

Recital 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (2b) | Research on genetic resources is gradually being extended into new areas, especially the oceans, which are still the planet's least explored and least well-known environments. The deep ocean in particular represents the last great frontier on the planet and is attracting growing interest in terms of research, prospecting and resource exploration. In this context, a study of the immense biodiversity to be found in deep marine ecosystems is an emerging and highly promising area of research with a view to the discovery of genetic resources offering potential applications for a wide range of purposes. |

Text proposed by the Commission

Amendment

(2b)

Research on genetic resources is gradually being extended into new areas, especially the oceans, which are still the planet's least explored and least well-known environments. The deep ocean in particular represents the last great frontier on the planet and is attracting growing interest in terms of research, prospecting and resource exploration. In this context, a study of the immense biodiversity to be found in deep marine ecosystems is an emerging and highly promising area of research with a view to the discovery of genetic resources offering potential applications for a wide range of purposes.

Amendment 7

Proposal for a regulation

Recital 2 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (2c) | It is recognised practice to exchange all plant genetic resources for food and agriculture for the purposes of research, breeding and training under the terms and conditions of the Standard Material Transfer Agreement (SMTA) established under the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) as determined in the Memorandum of Understanding for the establishment of the European Genebank Integrated System (AEGIS); in accordance with Article 4.3 of the Nagoya Protocol, it is acknowledged that such a practice is supportive of, and does not run counter to, the objectives of the Convention and the Nagoya Protocol. |

Text proposed by the Commission

Amendment

(2c)

It is recognised practice to exchange all plant genetic resources for food and agriculture for the purposes of research, breeding and training under the terms and conditions of the Standard Material Transfer Agreement (SMTA) established under the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) as determined in the Memorandum of Understanding for the establishment of the European Genebank Integrated System (AEGIS); in accordance with Article 4.3 of the Nagoya Protocol, it is acknowledged that such a practice is supportive of, and does not run counter to, the objectives of the Convention and the Nagoya Protocol.

Amendment 8

Proposal for a regulation

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | Traditional knowledge that is held by indigenous and local communities may provide important lead information for the scientific discovery of
  interesting
  genetic or biochemical properties of genetic resources. |

Text proposed by the Commission

Amendment

(3)

Traditional knowledge that is held by indigenous and local communities may provide important lead information for the scientific discovery of
  interesting
  genetic or biochemical properties of genetic resources.

| (3) | Traditional knowledge that is held by indigenous and local communities may provide important lead information for the scientific discovery of
  potentially valuable
  genetic or biochemical properties of genetic resources
  , including the knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles that are relevant for the conservation and sustainable use of biological diversity. The rights of such communities, as laid down in Convention No. 169 of the International Labour Organisation on Indigenous and Tribal Peoples and also set out in the UN Declaration on the Rights of Indigenous Peoples adopted by the UN General Assembly in 2007 should be respected and Union implementing measures should facilitate that aim. |
| --- | --- |

(3)

Traditional knowledge that is held by indigenous and local communities may provide important lead information for the scientific discovery of
  potentially valuable
  genetic or biochemical properties of genetic resources
  , including the knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles that are relevant for the conservation and sustainable use of biological diversity. The rights of such communities, as laid down in Convention No. 169 of the International Labour Organisation on Indigenous and Tribal Peoples and also set out in the UN Declaration on the Rights of Indigenous Peoples adopted by the UN General Assembly in 2007 should be respected and Union implementing measures should facilitate that aim.

Amendment 9

Proposal for a regulation

Recital 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a) | It is important to recall that, according to the European Patent Convention, plant and animal varieties as well as biological processes for the production of plants and animals are not patentable. When inventions are based on genetic resources or on components of genetic resources, applications for a patent covering, inter alia, those resources, products, including derivatives, and processes derived from the use of biotechnology, or traditional knowledge associated with the genetic resources, should indicate the resources and their origin should be provided to the relevant authorities and transmitted to the competent authority. The same obligation should apply to new plant variety rights. |

Text proposed by the Commission

Amendment

(3a)

It is important to recall that, according to the European Patent Convention, plant and animal varieties as well as biological processes for the production of plants and animals are not patentable. When inventions are based on genetic resources or on components of genetic resources, applications for a patent covering, inter alia, those resources, products, including derivatives, and processes derived from the use of biotechnology, or traditional knowledge associated with the genetic resources, should indicate the resources and their origin should be provided to the relevant authorities and transmitted to the competent authority. The same obligation should apply to new plant variety rights.

Amendment 10

Proposal for a regulation

Recital 3 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3b) | Competence and responsibility for the practical implementation of measures to safeguard indigenous and local communities within the Union in access and benefit-sharing arrangements would remain with Member States and their courts. |

Text proposed by the Commission

Amendment

(3b)

Competence and responsibility for the practical implementation of measures to safeguard indigenous and local communities within the Union in access and benefit-sharing arrangements would remain with Member States and their courts.

Amendment 11

Proposal for a regulation

Recital 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4a) | Genetic resources should be preserved in situ and used in sustainable ways and the benefits arising from their utilisation should be shared fairly and equitably. This would contribute to poverty eradication and, thereby, to achieving the United Nations Millennium Development Goals, as acknowledged in the preamble of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (‘the Nagoya Protocol’), adopted on 29 October 2010 by the Parties to the Convention. As parties to the Convention, the Union and most of its Member States have signed the Nagoya Protocol. Capacity to effectively implement that Protocol should be supported. |

Text proposed by the Commission

Amendment

(4a)

Genetic resources should be preserved in situ and used in sustainable ways and the benefits arising from their utilisation should be shared fairly and equitably. This would contribute to poverty eradication and, thereby, to achieving the United Nations Millennium Development Goals, as acknowledged in the preamble of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (‘the Nagoya Protocol’), adopted on 29 October 2010 by the Parties to the Convention. As parties to the Convention, the Union and most of its Member States have signed the Nagoya Protocol. Capacity to effectively implement that Protocol should be supported.

Amendment 12

Proposal for a regulation

Recital 4 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4b) | Benefit-sharing should be seen in a context where biodiversity-rich developing countries dominate the provision of genetic resources, while users are mainly found in developed countries. In addition to having the potential to contribute to conservation and the sustainable use of biodiversity, access and benefit-sharing can also contribute to poverty eradication and environmental sustainability and thereby to progress towards the Millennium Development Goals, as acknowledged in the preamble of the Nagoya Protocol. The implementation of the Nagoya Protocol should also aim to realise that potential. |

Text proposed by the Commission

Amendment

(4b)

Benefit-sharing should be seen in a context where biodiversity-rich developing countries dominate the provision of genetic resources, while users are mainly found in developed countries. In addition to having the potential to contribute to conservation and the sustainable use of biodiversity, access and benefit-sharing can also contribute to poverty eradication and environmental sustainability and thereby to progress towards the Millennium Development Goals, as acknowledged in the preamble of the Nagoya Protocol. The implementation of the Nagoya Protocol should also aim to realise that potential.

Amendment 13

Proposal for a regulation

Recital 4 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4c) | The right to food, laid down in Article 25 of the Universal Declaration of Human Rights and Article 11 of the International Covenant on Economic, Social and Cultural Rights, as well as the right to the enjoyment of the highest attainable standard of health recognised in Article 12 of the International Covenant on Economic, Social and Cultural Rights, are of superior importance and should always be protected. |

Text proposed by the Commission

Amendment

(4c)

The right to food, laid down in Article 25 of the Universal Declaration of Human Rights and Article 11 of the International Covenant on Economic, Social and Cultural Rights, as well as the right to the enjoyment of the highest attainable standard of health recognised in Article 12 of the International Covenant on Economic, Social and Cultural Rights, are of superior importance and should always be protected.

Amendment 14

Proposal for a regulation

Recital 4 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4d) | As is the case with genetic resources, traditional knowledge associated with such resources is largely concentrated in developing countries, in particular in indigenous and local communities. The rights of such communities laid down in Convention No 169 of the International Labour Organisation on Indigenous and Tribal Peoples and also set out in the UN Declaration on the Rights of Indigenous Peoples adopted by the UN General Assembly in 2007 should be respected and Union implementing measures should facilitate this
  . |

Text proposed by the Commission

Amendment

(4d)

As is the case with genetic resources, traditional knowledge associated with such resources is largely concentrated in developing countries, in particular in indigenous and local communities. The rights of such communities laid down in Convention No 169 of the International Labour Organisation on Indigenous and Tribal Peoples and also set out in the UN Declaration on the Rights of Indigenous Peoples adopted by the UN General Assembly in 2007 should be respected and Union implementing measures should facilitate this
  .

Amendment 15

Proposal for a regulation

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | The Convention recognises that states have sovereign rights over natural resources found within their jurisdiction and the authority to determine access to their genetic resources. The Convention imposes an obligation on all Parties to facilitate access to genetic resources over which they hold sovereign rights. It also makes it mandatory for all Parties to take measures to share in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Party providing these resources. Such sharing shall be upon mutually agreed terms. The Convention also addresses access and benefit-sharing in relation to the knowledge, innovations and practices of indigenous and local communities relevant for the conservation and sustainable use of biological diversity. |

Text proposed by the Commission

Amendment

(5)

The Convention recognises that states have sovereign rights over natural resources found within their jurisdiction and the authority to determine access to their genetic resources. The Convention imposes an obligation on all Parties to facilitate access to genetic resources over which they hold sovereign rights. It also makes it mandatory for all Parties to take measures to share in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Party providing these resources. Such sharing shall be upon mutually agreed terms. The Convention also addresses access and benefit-sharing in relation to the knowledge, innovations and practices of indigenous and local communities relevant for the conservation and sustainable use of biological diversity.

| (5) | The Convention recognises that states have sovereign rights over natural resources found within their jurisdiction and the authority to determine access to their genetic resources. The Convention imposes an obligation on all Parties to facilitate access to genetic resources,
  for environmentally sound uses by other Parties
  , over which they hold sovereign rights. It also makes it mandatory for all Parties to take measures to share in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Party providing these resources. Such sharing shall be upon
  the prior informed consent requirement of the country of origin of this resource and the benefits shall be based on
  mutually agreed terms. The Convention also addresses access and benefit-sharing in relation to the knowledge, innovations and practices of indigenous and local communities relevant for the conservation and sustainable use of biological diversity.
  Genetic resources should, indeed, be utilized in a balanced and sustainable manner and local communities legitimately involved, for it is only in that way that opportunities, developments, and benefits arising from their utilization can be shared fairly and equitably among all Parties. |
| --- | --- |

(5)

The Convention recognises that states have sovereign rights over natural resources found within their jurisdiction and the authority to determine access to their genetic resources. The Convention imposes an obligation on all Parties to facilitate access to genetic resources,
  for environmentally sound uses by other Parties
  , over which they hold sovereign rights. It also makes it mandatory for all Parties to take measures to share in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Party providing these resources. Such sharing shall be upon
  the prior informed consent requirement of the country of origin of this resource and the benefits shall be based on
  mutually agreed terms. The Convention also addresses access and benefit-sharing in relation to the knowledge, innovations and practices of indigenous and local communities relevant for the conservation and sustainable use of biological diversity.
  Genetic resources should, indeed, be utilized in a balanced and sustainable manner and local communities legitimately involved, for it is only in that way that opportunities, developments, and benefits arising from their utilization can be shared fairly and equitably among all Parties.

Amendment 16

Proposal for a regulation

Recital 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity (the Nagoya Protocol) is an international treaty adopted on 29 October 2010 by the Parties to the Convention. The Nagoya Protocol
  significantly expands
  the general rules of the Convention on access and benefit-sharing for the
  use
  of genetic resources and traditional knowledge associated with genetic resources. |

Text proposed by the Commission

Amendment

(6)

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity (the Nagoya Protocol) is an international treaty adopted on 29 October 2010 by the Parties to the Convention. The Nagoya Protocol
  significantly expands
  the general rules of the Convention on access and benefit-sharing for the
  use
  of genetic resources and traditional knowledge associated with genetic resources.

| (6) | The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (the Nagoya Protocol) is an international treaty adopted on 29 October 2010 by the Parties to the Convention. The Nagoya Protocol
  further details
  the general rules of the Convention on access and
  monetary and non-monetary
  benefit-sharing for the
  utilisation and subsequent commercialisation
  of genetic resources and traditional knowledge associated with genetic resources. |
| --- | --- |

(6)

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (the Nagoya Protocol) is an international treaty adopted on 29 October 2010 by the Parties to the Convention. The Nagoya Protocol
  further details
  the general rules of the Convention on access and
  monetary and non-monetary
  benefit-sharing for the
  utilisation and subsequent commercialisation
  of genetic resources and traditional knowledge associated with genetic resources.

Amendment 17

Proposal for a regulation

Recital 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7a) | The Nagoya Protocol applies to genetic resources falling within the scope of Article 15 of the Convention as opposed to the wider scope of Article 4 of the Convention. This implies that the Nagoya Protocol does not extend to the full jurisdictional scope of Article 4, such as to activities taking place in marine areas beyond national jurisdiction. Nonetheless, nothing in the Nagoya Protocol prevents Parties to it from extending its principles to activities taking place in such marine areas. |

Text proposed by the Commission

Amendment

(7a)

The Nagoya Protocol applies to genetic resources falling within the scope of Article 15 of the Convention as opposed to the wider scope of Article 4 of the Convention. This implies that the Nagoya Protocol does not extend to the full jurisdictional scope of Article 4, such as to activities taking place in marine areas beyond national jurisdiction. Nonetheless, nothing in the Nagoya Protocol prevents Parties to it from extending its principles to activities taking place in such marine areas.

Amendment 18

Proposal for a regulation

Recital 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | It is important to set out a clear and sound framework for implementing the Nagoya Protocol that should
  enhance opportunities available for nature-based research and development activities in the Union. It is also essential to prevent
  the use of illegally acquired genetic resources or traditional knowledge associated with
  genetic
  resources in the Union
  and to support the effective implementation of benefit-sharing commitments set out in mutually agreed terms between providers and users
  . |

Text proposed by the Commission

Amendment

(8)

It is important to set out a clear and sound framework for implementing the Nagoya Protocol that should
  enhance opportunities available for nature-based research and development activities in the Union. It is also essential to prevent
  the use of illegally acquired genetic resources or traditional knowledge associated with
  genetic
  resources in the Union
  and to support the effective implementation of benefit-sharing commitments set out in mutually agreed terms between providers and users
  .

| (8) | It is important to set out a clear and sound framework for implementing the Nagoya Protocol
  and the relevant provisions of the Convention
  that should
  support its main objective, notably the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising from the utilization of genetic resources. This includes preventing
  the use of illegally acquired genetic resources or traditional knowledge associated with
  such
  resources in the Union
  . It is also essential to enhance opportunities available for nature-based research and development activities in the Union, in particular by improving the conditions for legal certainty in connection with the use of genetic resources and traditional knowledge. |
| --- | --- |

(8)

It is important to set out a clear and sound framework for implementing the Nagoya Protocol
  and the relevant provisions of the Convention
  that should
  support its main objective, notably the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising from the utilization of genetic resources. This includes preventing
  the use of illegally acquired genetic resources or traditional knowledge associated with
  such
  resources in the Union
  . It is also essential to enhance opportunities available for nature-based research and development activities in the Union, in particular by improving the conditions for legal certainty in connection with the use of genetic resources and traditional knowledge.

Amendment 19

Proposal for a regulation

Recital 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (8a) | Utilisation of illegally acquired genetic resources, or subsequent commercialisation of products based on such resources or associated traditional knowledge should be prohibited. |

Text proposed by the Commission

Amendment

(8a)

Utilisation of illegally acquired genetic resources, or subsequent commercialisation of products based on such resources or associated traditional knowledge should be prohibited.

Amendment 20

Proposal for a regulation

Recital 8 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (8b) | The framework created by this Regulation is needed also to maintain and increase trust between Parties, indigenous and local communities, and stakeholder groups involved in access and benefit-sharing of genetic resources. |

Text proposed by the Commission

Amendment

(8b)

The framework created by this Regulation is needed also to maintain and increase trust between Parties, indigenous and local communities, and stakeholder groups involved in access and benefit-sharing of genetic resources.

Amendment 21

Proposal for a regulation

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | In order to ensure legal certainty, it is important that the rules implementing the Nagoya Protocol should only apply to genetic resources and traditional knowledge associated with genetic resources that
  are accessed
  after the entry into force of the Nagoya Protocol for the Union. |

Text proposed by the Commission

Amendment

(9)

In order to ensure legal certainty, it is important that the rules implementing the Nagoya Protocol should only apply to genetic resources and traditional knowledge associated with genetic resources that
  are accessed
  after the entry into force of the Nagoya Protocol for the Union.

| (9) | In order to ensure legal certainty, it is important that the rules implementing the Nagoya Protocol should only apply to
  new acquisitions or new utilisations of
  genetic resources and traditional knowledge associated with genetic resources that
  take place or commence
  after the entry into force of the Nagoya Protocol for the Union. |
| --- | --- |

(9)

In order to ensure legal certainty, it is important that the rules implementing the Nagoya Protocol should only apply to
  new acquisitions or new utilisations of
  genetic resources and traditional knowledge associated with genetic resources that
  take place or commence
  after the entry into force of the Nagoya Protocol for the Union.

Amendment 22

Proposal for a regulation

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | It is important to define, in accordance with the Nagoya Protocol, that
  use
  of genetic resources refers to research and development on the genetic or biochemical composition of
  samples of
  genetic material,
  which includes research and development on isolated compounds extracted from genetic material that was accessed in a Party to the Nagoya Protocol. |

Text proposed by the Commission

Amendment

(11)

It is important to define, in accordance with the Nagoya Protocol, that
  use
  of genetic resources refers to research and development on the genetic or biochemical composition of
  samples of
  genetic material,
  which includes research and development on isolated compounds extracted from genetic material that was accessed in a Party to the Nagoya Protocol.

| (11) | It is important to define, in accordance with the Nagoya Protocol, that
  utilisation
  of genetic resources refers to research and development on the genetic or biochemical composition of genetic
  resources
  .
  Research and development should be understood to mean the investigation and study of the genetic or biochemical composition of genetic resources in order to establish facts and reach conclusions, including the creation of innovations and practical applications. |
| --- | --- |

(11)

It is important to define, in accordance with the Nagoya Protocol, that
  utilisation
  of genetic resources refers to research and development on the genetic or biochemical composition of genetic
  resources
  .
  Research and development should be understood to mean the investigation and study of the genetic or biochemical composition of genetic resources in order to establish facts and reach conclusions, including the creation of innovations and practical applications.

Amendment 23

Proposal for a regulation

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | With a view to ensuring an effective implementation of the Nagoya Protocol, all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that,
  where relevant,
  benefits are shared. However, given the diversity of users within the Union it is not appropriate to oblige all users to take the same measures for exercising due diligence.
  Therefore, only minimum features of due diligence measures should be set out.
  The specific choices taken by users on the tools and measures applied for exercising due diligence should be supported through the recognition of best practices as well as
  complementary measures in support of
  sectoral codes of conduct, model contractual clauses, and guidelines with a view to increasing legal certainty and reducing costs. The obligation on users to keep information relevant for access and benefit-sharing should be limited in time, consistent with the time-span for an eventual innovation. |

Text proposed by the Commission

Amendment

(14)

With a view to ensuring an effective implementation of the Nagoya Protocol, all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that,
  where relevant,
  benefits are shared. However, given the diversity of users within the Union it is not appropriate to oblige all users to take the same measures for exercising due diligence.
  Therefore, only minimum features of due diligence measures should be set out.
  The specific choices taken by users on the tools and measures applied for exercising due diligence should be supported through the recognition of best practices as well as
  complementary measures in support of
  sectoral codes of conduct, model contractual clauses, and guidelines with a view to increasing legal certainty and reducing costs. The obligation on users to keep information relevant for access and benefit-sharing should be limited in time, consistent with the time-span for an eventual innovation.

| (14) | With a view to ensuring an effective implementation of the Nagoya Protocol, all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that, benefits are shared. However, given the diversity of users within the Union it is not appropriate to oblige all users to take the same measures for exercising due diligence. The specific choices taken by users on the tools and measures applied for exercising due diligence should be supported through the recognition of best practices as well as sectoral codes of conduct, model contractual clauses, and guidelines with a view to increasing legal certainty and reducing costs. The obligation on users to keep information relevant for access and benefit-sharing should be limited in time, consistent with the time-span for an eventual innovation. |
| --- | --- |

(14)

With a view to ensuring an effective implementation of the Nagoya Protocol, all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that, benefits are shared. However, given the diversity of users within the Union it is not appropriate to oblige all users to take the same measures for exercising due diligence. The specific choices taken by users on the tools and measures applied for exercising due diligence should be supported through the recognition of best practices as well as sectoral codes of conduct, model contractual clauses, and guidelines with a view to increasing legal certainty and reducing costs. The obligation on users to keep information relevant for access and benefit-sharing should be limited in time, consistent with the time-span for an eventual innovation.

Amendment 24

Proposal for a regulation

Recital 14 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14a) | The successful implementation of the Nagoya Protocol depends on users and providers of genetic resources or of traditional knowledge associated with genetic resources negotiating mutually agreed terms that not only lead to fair benefit-sharing, but also contribute to the Nagoya Protocol's wider objective of contributing to the conservation of biological diversity. |

Text proposed by the Commission

Amendment

(14a)

The successful implementation of the Nagoya Protocol depends on users and providers of genetic resources or of traditional knowledge associated with genetic resources negotiating mutually agreed terms that not only lead to fair benefit-sharing, but also contribute to the Nagoya Protocol's wider objective of contributing to the conservation of biological diversity.

Amendment 25

Proposal for a regulation

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | Best practices developed by users should play an important role in identifying due diligence measures that are particularly suitable for achieving compliance with the system of implementation of the Nagoya Protocol with high legal certainty and at low costs. Users should be enabled to build on existing access and benefit-sharing codes of conduct developed for the academic sector and different industries. Associations of users should be able to request that the Commission determines whether a specific combination of procedures, tools or mechanisms overseen by an association may be recognised as best practice. Competent authorities of the Member States should consider that the implementation of a recognised best practice by a user reduces that user’s risk of non-compliance and justifies a reduction in compliance checks. The same should apply to best practices adopted by the collective of the Parties to the Nagoya Protocol. |

Text proposed by the Commission

Amendment

(16)

Best practices developed by users should play an important role in identifying due diligence measures that are particularly suitable for achieving compliance with the system of implementation of the Nagoya Protocol with high legal certainty and at low costs. Users should be enabled to build on existing access and benefit-sharing codes of conduct developed for the academic sector and different industries. Associations of users should be able to request that the Commission determines whether a specific combination of procedures, tools or mechanisms overseen by an association may be recognised as best practice. Competent authorities of the Member States should consider that the implementation of a recognised best practice by a user reduces that user’s risk of non-compliance and justifies a reduction in compliance checks. The same should apply to best practices adopted by the collective of the Parties to the Nagoya Protocol.

deleted

Amendment 26

Proposal for a regulation

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | Users should declare at identified points in the chain of activities that
  constitute use that
  they have exercised due diligence. Suitable points for such declarations are the
  receiving
  of
  public
  research
  funds
  , when a market approval for a product developed on the basis of genetic resources is requested or at the time of commercialisation where a market approval is not required. Notably, the declaration made
  upon occasion
  of requesting market approval would not constitute part of the approval procedure as such and would be directed to competent authorities established under this Regulation. |

Text proposed by the Commission

Amendment

(17)

Users should declare at identified points in the chain of activities that
  constitute use that
  they have exercised due diligence. Suitable points for such declarations are the
  receiving
  of
  public
  research
  funds
  , when a market approval for a product developed on the basis of genetic resources is requested or at the time of commercialisation where a market approval is not required. Notably, the declaration made
  upon occasion
  of requesting market approval would not constitute part of the approval procedure as such and would be directed to competent authorities established under this Regulation.

| (17) | Users should declare at identified points in the chain of activities that they have exercised due diligence
  , and provide evidence to that effect
  . Suitable points for such declarations are upon the
  establishment of prior informed consent and mutually agreed terms, upon receipt
  of research
  funding, when applying for intellectual property rights at relevant national, regional or international institutions,
  where a market approval for a product developed on the basis of genetic resources is requested or at the time of commercialisation where a market approval is not required. Notably, the declaration made upon
  applying for intellectual property rights or
  requesting market approval would not constitute part of the approval procedure as such and would be directed to competent authorities established under this Regulation. |
| --- | --- |

(17)

Users should declare at identified points in the chain of activities that they have exercised due diligence
  , and provide evidence to that effect
  . Suitable points for such declarations are upon the
  establishment of prior informed consent and mutually agreed terms, upon receipt
  of research
  funding, when applying for intellectual property rights at relevant national, regional or international institutions,
  where a market approval for a product developed on the basis of genetic resources is requested or at the time of commercialisation where a market approval is not required. Notably, the declaration made upon
  applying for intellectual property rights or
  requesting market approval would not constitute part of the approval procedure as such and would be directed to competent authorities established under this Regulation.

Amendment 27

Proposal for a regulation

Recital 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (18) | Collecting of genetic resources in the wild is
  mostly
  undertaken
  for non-commercial
  purposes
  by university-based
  researchers or
  collectors
  . In the vast majority of cases and in almost all sectors, access to newly collected genetic resources is gained through intermediaries, collections, or agents that acquire genetic resources in third countries. |

Text proposed by the Commission

Amendment

(18)

Collecting of genetic resources in the wild is
  mostly
  undertaken
  for non-commercial
  purposes
  by university-based
  researchers or
  collectors
  . In the vast majority of cases and in almost all sectors, access to newly collected genetic resources is gained through intermediaries, collections, or agents that acquire genetic resources in third countries.

| (18) | Collecting of genetic resources in the wild is mostly undertaken
  by private collectors and companies, often serving commercial
  purposes
  , and by academic
  researchers or
  scientific institutions serving non-commercial purposes
  . In the vast majority of cases and in almost all sectors, access to newly collected genetic resources is gained through intermediaries, collections, or agents that acquire genetic resources in third countries
  , both commercially and non-commercially
  .
  This Regulation should ensure that the provisions of mutually agreed terms for the initial access relevant for third party transfer are followed by all parties involved. In many cases subsequent utilisation or commercialisation could require new prior mutually agreed terms. |
| --- | --- |

(18)

Collecting of genetic resources in the wild is mostly undertaken
  by private collectors and companies, often serving commercial
  purposes
  , and by academic
  researchers or
  scientific institutions serving non-commercial purposes
  . In the vast majority of cases and in almost all sectors, access to newly collected genetic resources is gained through intermediaries, collections, or agents that acquire genetic resources in third countries
  , both commercially and non-commercially
  .
  This Regulation should ensure that the provisions of mutually agreed terms for the initial access relevant for third party transfer are followed by all parties involved. In many cases subsequent utilisation or commercialisation could require new prior mutually agreed terms.

Amendment 28

Proposal for a regulation

Recital 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| (19) | Collections are
  major
  suppliers of genetic resources and traditional knowledge associated with genetic resources
  used
  in the Union.
  A
  system of Union
  trusted
  collections should be set in place. It
  would ensure
  that collections
  included in the register of
  Union
  trusted collections
  effectively apply measures to only supply samples of genetic resources to third persons with documentation providing evidence of legal acquisition and the establishment of mutually agreed terms, where required. A system of Union
  trusted
  collections should substantially lower the risk that illegally acquired genetic resources are
  used
  in the Union. Competent authorities of Member States would verify if a collection meets the requirements for recognition as Union
  trusted
  collection. Users that acquire a genetic resource from a collection listed in the Union register should be considered to have exercised due diligence as regards the seeking of all necessary information. This should prove particularly beneficial for academic researchers as well as small and medium sized enterprises. |

Text proposed by the Commission

Amendment

(19)

Collections are
  major
  suppliers of genetic resources and traditional knowledge associated with genetic resources
  used
  in the Union.
  A
  system of Union
  trusted
  collections should be set in place. It
  would ensure
  that collections
  included in the register of
  Union
  trusted collections
  effectively apply measures to only supply samples of genetic resources to third persons with documentation providing evidence of legal acquisition and the establishment of mutually agreed terms, where required. A system of Union
  trusted
  collections should substantially lower the risk that illegally acquired genetic resources are
  used
  in the Union. Competent authorities of Member States would verify if a collection meets the requirements for recognition as Union
  trusted
  collection. Users that acquire a genetic resource from a collection listed in the Union register should be considered to have exercised due diligence as regards the seeking of all necessary information. This should prove particularly beneficial for academic researchers as well as small and medium sized enterprises.

| (19) | Most
  collections are
  the most accessible
  suppliers of genetic resources and traditional knowledge associated with genetic resources
  utilised
  in the Union.
  As suppliers they can play an important role in helping other users in the chain of custody to comply with their obligations. In order to do so a
  system of Union
  registered
  collections should be set in place. It
  ensures
  that collections
  registered at Union level
  effectively apply measures to only supply samples of genetic resources to third persons with documentation providing evidence of legal acquisition and the establishment of mutually agreed terms, where required. A system of Union
  registered
  collections should substantially lower the risk that illegally acquired genetic resources are
  utilised
  in the Union. Competent authorities of Member States would verify if a collection meets the requirements for recognition as
  a
  Union
  registered
  collection,
  including demonstrating the capacity to respect the broad objectives of the Nagoya Protocol in terms of achieving a fair and equitable sharing of the benefits arising from the utilisation of genetic resources and contributing to the conservation of biodiversity.
  Users that acquire a genetic resource from a collection listed in the Union register should be considered to have exercised due diligence as regards the seeking of all necessary information. This should prove particularly beneficial for academic researchers as well as small and medium sized enterprises. |
| --- | --- |

(19)

Most
  collections are
  the most accessible
  suppliers of genetic resources and traditional knowledge associated with genetic resources
  utilised
  in the Union.
  As suppliers they can play an important role in helping other users in the chain of custody to comply with their obligations. In order to do so a
  system of Union
  registered
  collections should be set in place. It
  ensures
  that collections
  registered at Union level
  effectively apply measures to only supply samples of genetic resources to third persons with documentation providing evidence of legal acquisition and the establishment of mutually agreed terms, where required. A system of Union
  registered
  collections should substantially lower the risk that illegally acquired genetic resources are
  utilised
  in the Union. Competent authorities of Member States would verify if a collection meets the requirements for recognition as
  a
  Union
  registered
  collection,
  including demonstrating the capacity to respect the broad objectives of the Nagoya Protocol in terms of achieving a fair and equitable sharing of the benefits arising from the utilisation of genetic resources and contributing to the conservation of biodiversity.
  Users that acquire a genetic resource from a collection listed in the Union register should be considered to have exercised due diligence as regards the seeking of all necessary information. This should prove particularly beneficial for academic researchers as well as small and medium sized enterprises.

Amendment 29

Proposal for a regulation

Recital 19 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19a) | Union registered collections should adhere to the objective of the Nagoya Protocol. They should contribute to awareness raising and capacity-building, in line with that Protocol's Articles 21 and 22, to the extent that the resources at their disposal so permit. Competent authorities may consider providing funding to collections for such activities. Every Union registered collection should seek to contribute to efforts to document traditional knowledge associated with genetic resources, in cooperation with indigenous and local communities, authorities, anthropologists and other actors, as appropriate. Such knowledge should be handled with full respect for relevant rights. Information on such knowledge should be publicised when this serves and does not in any way contravene or hamper the protection of relevant rights
  . |

Text proposed by the Commission

Amendment

(19a)

Union registered collections should adhere to the objective of the Nagoya Protocol. They should contribute to awareness raising and capacity-building, in line with that Protocol's Articles 21 and 22, to the extent that the resources at their disposal so permit. Competent authorities may consider providing funding to collections for such activities. Every Union registered collection should seek to contribute to efforts to document traditional knowledge associated with genetic resources, in cooperation with indigenous and local communities, authorities, anthropologists and other actors, as appropriate. Such knowledge should be handled with full respect for relevant rights. Information on such knowledge should be publicised when this serves and does not in any way contravene or hamper the protection of relevant rights
  .

Amendment 30

Proposal for a regulation

Recital 20

| Text proposed by the Commission | Amendment |
| --- | --- |
| (20) | Competent authorities of Member States should check whether users comply with their obligations. In that context, competent authorities should accept internationally recognised certificates of compliance as evidence that the genetic resources covered were legally acquired and that mutually agreed terms were established. Competent authorities should also keep records of the checks made and relevant information should be made available in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information. |

Text proposed by the Commission

Amendment

(20)

Competent authorities of Member States should check whether users comply with their obligations. In that context, competent authorities should accept internationally recognised certificates of compliance as evidence that the genetic resources covered were legally acquired and that mutually agreed terms were established. Competent authorities should also keep records of the checks made and relevant information should be made available in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information.

| (20) | Competent authorities of Member States should check whether users comply with their obligations. In that context, competent authorities should accept internationally recognised certificates of compliance as evidence that the genetic resources covered were legally acquired and that mutually agreed terms were established.
  When an international certificate is not available, other legally acceptable forms of compliance should be considered evidence that the genetic resources covered were legally acquired and that mutually agreed terms were established.
  Competent authorities should also keep records of the checks made and relevant information should be made available in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information. |
| --- | --- |

(20)

Competent authorities of Member States should check whether users comply with their obligations. In that context, competent authorities should accept internationally recognised certificates of compliance as evidence that the genetic resources covered were legally acquired and that mutually agreed terms were established.
  When an international certificate is not available, other legally acceptable forms of compliance should be considered evidence that the genetic resources covered were legally acquired and that mutually agreed terms were established.
  Competent authorities should also keep records of the checks made and relevant information should be made available in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information.

Amendment 31

Proposal for a regulation

Recital 22 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22a) | The Union should act in a proactive manner to ensure the objectives of the Nagoya Protocol regarding global multilateral benefit-sharing mechanisms are achieved in order to increase resources to support conservation of biological diversity and the sustainable use of its components globally. |

Text proposed by the Commission

Amendment

(22a)

The Union should act in a proactive manner to ensure the objectives of the Nagoya Protocol regarding global multilateral benefit-sharing mechanisms are achieved in order to increase resources to support conservation of biological diversity and the sustainable use of its components globally.

Amendment 33

Proposal for a regulation

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (23) | A Union platform on access should enable discussions on and contribute to the streamlining of access conditions in Member States, the design and performances of access regimes, simplified access for non-commercial research, access practices of collections in the Union, access of Union stakeholders in third countries and the sharing of best practices. |

Text proposed by the Commission

Amendment

(23)

A Union platform on access should enable discussions on and contribute to the streamlining of access conditions in Member States, the design and performances of access regimes, simplified access for non-commercial research, access practices of collections in the Union, access of Union stakeholders in third countries and the sharing of best practices.

| (23) | A Union platform on access
  and fair and equitable benefit-sharing
  should enable discussions on and contribute to the streamlining of access conditions in Member States, the design and performances of access
  and benefit-sharing
  regimes, simplified access
  and benefit-sharing
  for non-commercial research, access
  and benefit-sharing
  practices of collections in the Union, access
  and benefit-sharing
  of Union stakeholders in third countries and the sharing of best practices.
  The Union platform should fully respect Member State competences and aim to ensure, as appropriate, the involvement of indigenous and local communities in accordance with the Nagoya Protocol. |
| --- | --- |

(23)

A Union platform on access
  and fair and equitable benefit-sharing
  should enable discussions on and contribute to the streamlining of access conditions in Member States, the design and performances of access
  and benefit-sharing
  regimes, simplified access
  and benefit-sharing
  for non-commercial research, access
  and benefit-sharing
  practices of collections in the Union, access
  and benefit-sharing
  of Union stakeholders in third countries and the sharing of best practices.
  The Union platform should fully respect Member State competences and aim to ensure, as appropriate, the involvement of indigenous and local communities in accordance with the Nagoya Protocol.

Amendment 34

Proposal for a regulation

Article 1 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| This Regulation establishes rules governing access and benefit-sharing for genetic resources and traditional knowledge associated with genetic resources, in accordance with the provisions of the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation to the Convention on Biological Diversity (the Nagoya Protocol). | This Regulation establishes rules governing
  compliance with
  access and benefit-sharing for genetic resources and traditional knowledge associated with genetic resources, in accordance with the provisions of the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation to the Convention on Biological Diversity (the Nagoya Protocol). |

Text proposed by the Commission

Amendment

This Regulation establishes rules governing access and benefit-sharing for genetic resources and traditional knowledge associated with genetic resources, in accordance with the provisions of the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation to the Convention on Biological Diversity (the Nagoya Protocol).

This Regulation establishes rules governing
  compliance with
  access and benefit-sharing for genetic resources and traditional knowledge associated with genetic resources, in accordance with the provisions of the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation to the Convention on Biological Diversity (the Nagoya Protocol).

Amendment 35

Proposal for a regulation

Article 1 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The objective of this Regulation is the fair and equitable sharing of the benefits arising from the utilisation of genetic resources, thereby contributing to the conservation of biological diversity and the sustainable use of its components, in accordance with the objectives of the Convention on Biological Diversity (‘the Convention’). |

Text proposed by the Commission

Amendment

The objective of this Regulation is the fair and equitable sharing of the benefits arising from the utilisation of genetic resources, thereby contributing to the conservation of biological diversity and the sustainable use of its components, in accordance with the objectives of the Convention on Biological Diversity (‘the Convention’).

Amendment 36

Proposal for a regulation

Article 1 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | This Regulation lays down obligations for users of genetic resources and traditional knowledge associated with genetic resources. The system for implementing the Nagoya Protocol established by this Regulation also includes arrangements for facilitating user compliance with their obligations and a framework for monitoring and control arrangements to be drawn up and put in place by the Member States of the Union. This Regulation also includes provisions encouraging activities by relevant actors to raise awareness of the importance of genetic resources and traditional knowledge associated with genetic resources and related access and benefit-sharing issues, as well as activities contributing to capacity-building in developing countries, in line with the Nagoya Protocol's provisions. |

Text proposed by the Commission

Amendment

This Regulation lays down obligations for users of genetic resources and traditional knowledge associated with genetic resources. The system for implementing the Nagoya Protocol established by this Regulation also includes arrangements for facilitating user compliance with their obligations and a framework for monitoring and control arrangements to be drawn up and put in place by the Member States of the Union. This Regulation also includes provisions encouraging activities by relevant actors to raise awareness of the importance of genetic resources and traditional knowledge associated with genetic resources and related access and benefit-sharing issues, as well as activities contributing to capacity-building in developing countries, in line with the Nagoya Protocol's provisions.

Amendment 37

Proposal for a regulation

Article 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| This Regulation applies to genetic resources over which states exercise sovereign rights and to traditional knowledge associated with genetic resources that are accessed after the entry into force of the Nagoya Protocol for the Union. It also applies to the benefits arising from the
  use
  of such genetic resources and to traditional knowledge associated with genetic resources. | This Regulation applies to genetic resources over which states exercise sovereign rights and to traditional knowledge associated with genetic resources that are accessed after the entry into force of the Nagoya Protocol for the Union. It also applies to the benefits arising from the
  utilisation
  of such genetic resources and to traditional knowledge associated with genetic resources. |
| This Regulation does not apply to genetic resources for which access and benefit-sharing is governed by a specialised international instrument to which the Union is a Party. | This Regulation does not apply to genetic resources for which access and benefit-sharing is governed by a specialised international instrument to which the Union is a Party. |
| | This Regulation does not apply to genetic resources from a country of origin which decided not to adopt domestic access rules in conformity with the requirements of the Nagoya Protocol in place or to commodity trade in general. Due regard should be paid to useful and relevant ongoing work or practices under other international organisations. |

Text proposed by the Commission

Amendment

This Regulation applies to genetic resources over which states exercise sovereign rights and to traditional knowledge associated with genetic resources that are accessed after the entry into force of the Nagoya Protocol for the Union. It also applies to the benefits arising from the
  use
  of such genetic resources and to traditional knowledge associated with genetic resources.

This Regulation applies to genetic resources over which states exercise sovereign rights and to traditional knowledge associated with genetic resources that are accessed after the entry into force of the Nagoya Protocol for the Union. It also applies to the benefits arising from the
  utilisation
  of such genetic resources and to traditional knowledge associated with genetic resources.

This Regulation does not apply to genetic resources for which access and benefit-sharing is governed by a specialised international instrument to which the Union is a Party.

This Regulation does not apply to genetic resources for which access and benefit-sharing is governed by a specialised international instrument to which the Union is a Party.

This Regulation does not apply to genetic resources from a country of origin which decided not to adopt domestic access rules in conformity with the requirements of the Nagoya Protocol in place or to commodity trade in general. Due regard should be paid to useful and relevant ongoing work or practices under other international organisations.

Amendment 38

Proposal for a regulation

Article 3 — point 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | ‘genetic resources’ means genetic material of actual or potential value; |

Text proposed by the Commission

Amendment

(3)

‘genetic resources’ means genetic material of actual or potential value;

| (3) | ‘genetic resources’ means genetic material of actual or potential value
  , or derivatives thereof
  ; |
| --- | --- |

(3)

‘genetic resources’ means genetic material of actual or potential value
  , or derivatives thereof
  ;

Amendment 39

Proposal for a regulation

Article 3 — point 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a) | ‘derivative’ means a naturally occurring biochemical compound resulting from the genetic expression or metabolism of biological or genetic resources, even if it does not contain functional units of heredity; |

Text proposed by the Commission

Amendment

(3a)

‘derivative’ means a naturally occurring biochemical compound resulting from the genetic expression or metabolism of biological or genetic resources, even if it does not contain functional units of heredity;

Amendment 40

Proposal for a regulation

Article 3 — point 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | ‘user’ means a natural or legal person
  using
  genetic resources or traditional knowledge associated with genetic resources; |

Text proposed by the Commission

Amendment

(5)

‘user’ means a natural or legal person
  using
  genetic resources or traditional knowledge associated with genetic resources;

| (5) | ‘user’ means a natural or legal person
  utilising
  genetic resources or traditional knowledge associated with genetic resources
  or who subsequently commercialises genetic resources or products based on genetic resources or traditional knowledge associated with genetic resources
  ; |
| --- | --- |

(5)

‘user’ means a natural or legal person
  utilising
  genetic resources or traditional knowledge associated with genetic resources
  or who subsequently commercialises genetic resources or products based on genetic resources or traditional knowledge associated with genetic resources
  ;

Amendment 41

Proposal for a regulation

Article 3 — point 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | ‘
  use
  of genetic resources’ means to conduct research and development on the genetic or biochemical composition of genetic resources; |

Text proposed by the Commission

Amendment

(6)

‘
  use
  of genetic resources’ means to conduct research and development on the genetic or biochemical composition of genetic resources;

| (6) | ‘
  utilisation
  of genetic resources’ means to conduct research and development on the genetic or biochemical composition of genetic resources
  including through the application of biotechnology
  ; |
| --- | --- |

(6)

‘
  utilisation
  of genetic resources’ means to conduct research and development on the genetic or biochemical composition of genetic resources
  including through the application of biotechnology
  ;

Amendment 42

Proposal for a regulation

Article 3 — point 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (6a) | ‘commercialisation’ means for the purposes of this Regulation the making available of a product on the Union market; |

Text proposed by the Commission

Amendment

(6a)

‘commercialisation’ means for the purposes of this Regulation the making available of a product on the Union market;

Amendment 43

Proposal for a regulation

Article 3 — point 6 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (6b) | ‘biotechnology’ means any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use; |

Text proposed by the Commission

Amendment

(6b)

‘biotechnology’ means any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use;

Amendment 44

Proposal for a regulation

Article 3 — point 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (8 a) | ‘illegally acquired genetic resources’ means genetic resources and traditional knowledge associated with genetic resources acquired in contravention of the applicable international and national law on access and benefit-sharing in the country of origin; |

Text proposed by the Commission

Amendment

(8 a)

‘illegally acquired genetic resources’ means genetic resources and traditional knowledge associated with genetic resources acquired in contravention of the applicable international and national law on access and benefit-sharing in the country of origin;

Amendment 45

Proposal for a regulation

Article 3 — point 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | ‘internationally recognised certificate of compliance’ means an access permit or its equivalent issued by a competent national authority in accordance with Article 6(3)(e) Nagoya Protocol, that is made available to the Access and Benefit-sharing Clearing-House; |

Text proposed by the Commission

Amendment

(11)

‘internationally recognised certificate of compliance’ means an access permit or its equivalent issued by a competent national authority in accordance with Article 6(3)(e) Nagoya Protocol, that is made available to the Access and Benefit-sharing Clearing-House;

| (11) | ‘internationally recognised certificate of compliance’ means an access permit or its equivalent issued by a competent national authority in accordance with Article 6(3)(e)
  of the
  Nagoya Protocol, that is made available to the Access and Benefit-sharing Clearing-House; |
| --- | --- |

(11)

‘internationally recognised certificate of compliance’ means an access permit or its equivalent issued by a competent national authority in accordance with Article 6(3)(e)
  of the
  Nagoya Protocol, that is made available to the Access and Benefit-sharing Clearing-House;

Amendment 46

Proposal for a regulation

Article 3 — point 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | ‘Access and Benefit-sharing Clearing-House’ means the global information-sharing portal established under Article 14(1) Nagoya Protocol. |

Text proposed by the Commission

Amendment

(12)

‘Access and Benefit-sharing Clearing-House’ means the global information-sharing portal established under Article 14(1) Nagoya Protocol.

| (12) | ‘Access and Benefit-sharing Clearing-House’ means the global information-sharing portal established under Article 14(1)
  of the
  Nagoya Protocol. |
| --- | --- |

(12)

‘Access and Benefit-sharing Clearing-House’ means the global information-sharing portal established under Article 14(1)
  of the
  Nagoya Protocol.

Amendment 47

Proposal for a regulation

Article 4 — paragraph - 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | -1.
     
  Utilisation of illegally acquired genetic resources shall be prohibited in the Union. |

Text proposed by the Commission

Amendment

-1.
     
  Utilisation of illegally acquired genetic resources shall be prohibited in the Union.

Amendment 48

Proposal for a regulation

Article 4 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources used were accessed
  in accordance
  with applicable access and benefit-sharing legislation or regulatory requirements and that,
  where relevant
  , benefits are fairly and equitably shared upon
  mutually
  agreed terms. Users shall seek, keep, and transfer to subsequent users information relevant for access and benefit-sharing. | 1.   Users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources used were accessed with
  prior informed consent and based on mutually agreed terms as defined by
  applicable access and benefit-sharing legislation or regulatory requirements and that benefits are fairly and equitably shared upon
  those
  agreed terms. Users shall seek, keep, and transfer to subsequent users
  all
  information
  and documents
  relevant for access and benefit-sharing
  and for compliance with the provisions of this Regulation. |

Text proposed by the Commission

Amendment

1.   Users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources used were accessed
  in accordance
  with applicable access and benefit-sharing legislation or regulatory requirements and that,
  where relevant
  , benefits are fairly and equitably shared upon
  mutually
  agreed terms. Users shall seek, keep, and transfer to subsequent users information relevant for access and benefit-sharing.

1.   Users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources used were accessed with
  prior informed consent and based on mutually agreed terms as defined by
  applicable access and benefit-sharing legislation or regulatory requirements and that benefits are fairly and equitably shared upon
  those
  agreed terms. Users shall seek, keep, and transfer to subsequent users
  all
  information
  and documents
  relevant for access and benefit-sharing
  and for compliance with the provisions of this Regulation.

Amendment 49

Proposal for a regulation

Article 4 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Genetic resources and associated traditional knowledge shall only be transferred to other users in accordance with the internationally recognised certificate of compliance and mutually agreed terms, or prior informed consent and mutually agreed terms. In the absence of mutually agreed terms or if subsequent users envisage utilising such genetic resources or traditional knowledge under conditions that are not included in the prior terms, those users shall be required to seek mutually agreed terms from the country of origin. |

Text proposed by the Commission

Amendment

1a.
     
  Genetic resources and associated traditional knowledge shall only be transferred to other users in accordance with the internationally recognised certificate of compliance and mutually agreed terms, or prior informed consent and mutually agreed terms. In the absence of mutually agreed terms or if subsequent users envisage utilising such genetic resources or traditional knowledge under conditions that are not included in the prior terms, those users shall be required to seek mutually agreed terms from the country of origin.

Amendment 51

Proposal for a regulation

Article 4 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Users shall: | 2.   Users shall: |
| (a) | seek, keep and transfer to subsequent users information on |

Text proposed by the Commission

Amendment

2.   Users shall:

2.   Users shall:

(a)

seek, keep and transfer to subsequent users information on

| (a) | seek, keep and transfer to subsequent users information on
  the internationally recognised certificate of compliance, in the case of genetic resources acquired from Parties to the Nagoya Protocol that have regulated access to their genetic resources in compliance with Article 6 of the Nagoya Protocol, as well as on the content of the mutually agreed terms, and information on: |
| --- | --- |

(a)

seek, keep and transfer to subsequent users information on
  the internationally recognised certificate of compliance, in the case of genetic resources acquired from Parties to the Nagoya Protocol that have regulated access to their genetic resources in compliance with Article 6 of the Nagoya Protocol, as well as on the content of the mutually agreed terms, and information on:

| | (1) | the date and place of access of genetic resources and traditional knowledge associated with such resources; |
| --- | --- | --- |

(1)

the date and place of access of genetic resources and traditional knowledge associated with such resources;

| | (1) | the date and place of access of genetic resources and traditional knowledge associated with such resources; |
| --- | --- | --- |

(1)

the date and place of access of genetic resources and traditional knowledge associated with such resources;

| | (2) | the description of genetic resources or traditional knowledge associated with such resources used, including available unique identifiers; |
| --- | --- | --- |

(2)

the description of genetic resources or traditional knowledge associated with such resources used, including available unique identifiers;

| | (2) | the description of genetic resources or traditional knowledge associated with such resources used, including available unique identifiers; |
| --- | --- | --- |

(2)

the description of genetic resources or traditional knowledge associated with such resources used, including available unique identifiers;

| | (3) | the source from which the resources or the knowledge were directly obtained as well as subsequent users of genetic resources or traditional knowledge associated with such resources; |
| --- | --- | --- |

(3)

the source from which the resources or the knowledge were directly obtained as well as subsequent users of genetic resources or traditional knowledge associated with such resources;

| | (3) | the source from which the resources or the knowledge were directly obtained as well as subsequent users of genetic resources or traditional knowledge associated with such resources; |
| --- | --- | --- |

(3)

the source from which the resources or the knowledge were directly obtained as well as subsequent users of genetic resources or traditional knowledge associated with such resources;

| | (4) | the presence or absence of rights and obligations related to access and benefit-sharing; |
| --- | --- | --- |

(4)

the presence or absence of rights and obligations related to access and benefit-sharing;

| | (4) | the presence or absence of rights and obligations related to access and benefit-sharing; |
| --- | --- | --- |

(4)

the presence or absence of rights and obligations related to access and benefit-sharing;

| | (5) | access
  decisions
  and mutually agreed terms, where applicable; |
| --- | --- | --- |

(5)

access
  decisions
  and mutually agreed terms, where applicable;

| | (5) | access
  permits
  and mutually agreed terms,
  including benefit-sharing arrangements,
  where applicable; |
| --- | --- | --- |

(5)

access
  permits
  and mutually agreed terms,
  including benefit-sharing arrangements,
  where applicable;

| | (6) | the application of access and benefit sharing requirements of specialised international instruments within the meaning of Article 2, that may limit or reduce the user's obligations under this Regulation. In this case the information shall also indicate that the utilisation is covered by the specialised instruments; |
| --- | --- | --- |

(6)

the application of access and benefit sharing requirements of specialised international instruments within the meaning of Article 2, that may limit or reduce the user's obligations under this Regulation. In this case the information shall also indicate that the utilisation is covered by the specialised instruments;

| (b) | obtain additional information or evidence where uncertainties about the legality of access and use persist; and |
| --- | --- |

(b)

obtain additional information or evidence where uncertainties about the legality of access and use persist; and

| (b) | obtain additional information or evidence where uncertainties about the legality of access and use persist; and |
| --- | --- |

(b)

obtain additional information or evidence where uncertainties about the legality of access and use persist; and

| (c) | obtain a proper access permit, establish mutually agreed terms, or discontinue the use where it appears that access was not in accordance with applicable access and benefit-sharing legislation or regulatory requirements. |
| --- | --- |

(c)

obtain a proper access permit, establish mutually agreed terms, or discontinue the use where it appears that access was not in accordance with applicable access and benefit-sharing legislation or regulatory requirements.

| (c) | obtain a proper access permit, establish mutually agreed terms, or discontinue the use where it appears that access was not in accordance with applicable access and benefit-sharing legislation or regulatory requirements. |
| --- | --- |

(c)

obtain a proper access permit, establish mutually agreed terms, or discontinue the use where it appears that access was not in accordance with applicable access and benefit-sharing legislation or regulatory requirements.

Amendment 52

Proposal for a regulation

Article 4 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Users shall keep the information relevant for access and benefit-sharing for twenty years after the end of the period of
  use. | 3.   Users shall keep the information relevant for access and benefit-sharing for twenty years after the end of the period of
  utilisation or subsequent commercialisation. |

Text proposed by the Commission

Amendment

3.   Users shall keep the information relevant for access and benefit-sharing for twenty years after the end of the period of
  use.

3.   Users shall keep the information relevant for access and benefit-sharing for twenty years after the end of the period of
  utilisation or subsequent commercialisation.

Amendment 53

Proposal for a regulation

Article 4 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 14a in order to establish the rules for benefit-sharing in accordance with paragraph 4a by ...

   (2)

  . Those rules shall require benefit-sharing at least at the level of best practice in the sector concerned and establish conditions for the sharing of non-monetary benefits. |

Text proposed by the Commission

Amendment

4a.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 14a in order to establish the rules for benefit-sharing in accordance with paragraph 4a by ...

   (2)

  . Those rules shall require benefit-sharing at least at the level of best practice in the sector concerned and establish conditions for the sharing of non-monetary benefits.

Amendment 54

Proposal for a regulation

Article 4 — paragraph 4 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4b.
     
  Users, when negotiating mutually agreed terms with providers of genetic resources or of traditional knowledge associated with genetic resources, shall seek to ensure that such terms contribute to the conservation of biological diversity and the sustainable use of its components and to technology transfer to developing countries. |

Text proposed by the Commission

Amendment

4b.
     
  Users, when negotiating mutually agreed terms with providers of genetic resources or of traditional knowledge associated with genetic resources, shall seek to ensure that such terms contribute to the conservation of biological diversity and the sustainable use of its components and to technology transfer to developing countries.

Amendment 55

Proposal for a regulation

Article 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 5 | deleted |
| Union trusted collections | |
| 1.
     
  The Commission shall establish and maintain a Union register of trusted collections. That register shall be internet-based, easily accessible to users, and shall include the collections of genetic resources identified as meeting the criteria of Union trusted collection. | |
| 2.
     
  Each Member State shall, upon request by a collection under its jurisdiction, consider the inclusion of this collection in the Union register of trusted collections. After verifying that the collection meets the criteria set out in paragraph 3, the Member State shall notify the Commission without delay of that collection's name, contact details, and type. The Commission shall without delay include the information thus received into the Union register of trusted collections. | |
| 3.
     
  In order for a collection to be included in the Union register of trusted collections, a collection owner shall demonstrate its capacity to: | |
| (a) | apply standardised procedures for exchanging samples of genetic resources and related information with other collections, and for supplying samples of genetic resources and related information to third persons for their use; |

Text proposed by the Commission

Amendment

Article 5

deleted

Union trusted collections

1.
     
  The Commission shall establish and maintain a Union register of trusted collections. That register shall be internet-based, easily accessible to users, and shall include the collections of genetic resources identified as meeting the criteria of Union trusted collection.

2.
     
  Each Member State shall, upon request by a collection under its jurisdiction, consider the inclusion of this collection in the Union register of trusted collections. After verifying that the collection meets the criteria set out in paragraph 3, the Member State shall notify the Commission without delay of that collection's name, contact details, and type. The Commission shall without delay include the information thus received into the Union register of trusted collections.

3.
     
  In order for a collection to be included in the Union register of trusted collections, a collection owner shall demonstrate its capacity to:

(a)

apply standardised procedures for exchanging samples of genetic resources and related information with other collections, and for supplying samples of genetic resources and related information to third persons for their use;

| (b) | have samples of genetic resources and related information supplied to third persons for their use only with documentation providing evidence that the resources and the information were accessed in accordance with applicable legal requirements and, where relevant, mutually agreed terms for the fair and equitable sharing of benefits; |
| --- | --- |

(b)

have samples of genetic resources and related information supplied to third persons for their use only with documentation providing evidence that the resources and the information were accessed in accordance with applicable legal requirements and, where relevant, mutually agreed terms for the fair and equitable sharing of benefits;

| (c) | keep records of all samples of genetic resources and related information supplied to third persons for their use; |
| --- | --- |

(c)

keep records of all samples of genetic resources and related information supplied to third persons for their use;

| (d) | establish or use unique identifiers for samples of genetic resources supplied to third persons; |
| --- | --- |

(d)

establish or use unique identifiers for samples of genetic resources supplied to third persons;

| (e) | use appropriate tracking and monitoring tools for exchanging samples of genetic resources and related information with other collections. |
| --- | --- |

(e)

use appropriate tracking and monitoring tools for exchanging samples of genetic resources and related information with other collections.

4.
     
  Member States shall regularly verify that each collection under their jurisdiction included in the Union register of trusted collections effectively applies the measures set out in paragraph 3.

Member States shall inform the Commission without delay if a collection under their jurisdiction included in the Union register no longer complies with paragraph 3.

5.
     
  Where there is evidence that a collection included in the Union register of trusted collections does not apply the measures set out in paragraph 3, the Member State concerned shall without delay identify remedial actions in dialogue with the owner of the collection concerned.

The Commission shall remove a collection from the Union register of trusted collections when, in particular on the basis of information provided pursuant to paragraph 4, it has determined that a collection included in the Union register of trusted collections faces important or persistent difficulties to comply with paragraph 3.

6.
     
  The Commission shall be empowered to adopt implementing acts to establish the procedures for implementing paragraphs 1 to 5 of this Article. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).

Amendment 56

Proposal for a regulation

Article 6 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Commission shall make public, including on the internet, a list of the competent authorities. The Commission shall keep the list up to date. | 2.   The Commission shall make public, including on the internet, a list of the competent authorities. The Commission shall keep the list up to date
  ; particular attention shall be paid to the outermost regions, bearing in mind the significance and fragility of the genetic resources found on their territories, and with a view to preventing any abusive exploitation
  . |

Text proposed by the Commission

Amendment

2.   The Commission shall make public, including on the internet, a list of the competent authorities. The Commission shall keep the list up to date.

2.   The Commission shall make public, including on the internet, a list of the competent authorities. The Commission shall keep the list up to date
  ; particular attention shall be paid to the outermost regions, bearing in mind the significance and fragility of the genetic resources found on their territories, and with a view to preventing any abusive exploitation
  .

Amendment 57

Proposal for a regulation

Article 6 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a)
     
  The focal point designated by the Commission pursuant to paragraph 3, shall ensure consultation with the relevant Union bodies established under, and national authorities implementing, Council Regulation (EC) No 338/97

   (3)

  . |

Text proposed by the Commission

Amendment

(3a)
     
  The focal point designated by the Commission pursuant to paragraph 3, shall ensure consultation with the relevant Union bodies established under, and national authorities implementing, Council Regulation (EC) No 338/97

   (3)

  .

Amendment 58

Proposal for a regulation

Article 6 — paragraph 3 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3b.
     
  The competent authorities and the focal point on access and benefit-sharing shall provide advice to the public and potential users seeking information on the implementation of this Regulation and of the relevant provisions of the Convention and the Nagoya Protocol in the Union. |

Text proposed by the Commission

Amendment

3b.
     
  The competent authorities and the focal point on access and benefit-sharing shall provide advice to the public and potential users seeking information on the implementation of this Regulation and of the relevant provisions of the Convention and the Nagoya Protocol in the Union.

Amendment 59

Proposal for a regulation

Article 7 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.
     
  Member States and the Commission shall request all recipients of public research funding involving uses of genetic resources and traditional knowledge associated with genetic resources to declare that they will exercise due diligence in accordance with Article 4. | deleted |

Text proposed by the Commission

Amendment

1.
     
  Member States and the Commission shall request all recipients of public research funding involving uses of genetic resources and traditional knowledge associated with genetic resources to declare that they will exercise due diligence in accordance with Article 4.

deleted

Amendment 60

Proposal for a regulation

Article 7 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Users shall declare to the competent authorities established under Article 6(1) that they
  exercised due diligence in accordance with
  Article 4 on the occasion of requesting market approval for a product developed on the basis of genetic resources or traditional knowledge associated with such resources, or at the time of commercialisation where a market approval is not required. | 2.   Users shall declare to the competent authorities established under Article 6(1) that they
  have fulfilled the obligations under Article 4 and shall submit the related information
  on the occasion of: |
| | (a) | establishing prior informed consent and mutually agreed terms; |

Text proposed by the Commission

Amendment

2.   Users shall declare to the competent authorities established under Article 6(1) that they
  exercised due diligence in accordance with
  Article 4 on the occasion of requesting market approval for a product developed on the basis of genetic resources or traditional knowledge associated with such resources, or at the time of commercialisation where a market approval is not required.

2.   Users shall declare to the competent authorities established under Article 6(1) that they
  have fulfilled the obligations under Article 4 and shall submit the related information
  on the occasion of:

(a)

establishing prior informed consent and mutually agreed terms;

| (b) | receiving research funding involving utilisation of genetic resources and traditional knowledge associated with genetic resources; |
| --- | --- |

(b)

receiving research funding involving utilisation of genetic resources and traditional knowledge associated with genetic resources;

| (c) | applying for patents or for new plant variety rights at relevant national, regional or international institutions covering, inter alia, the accessed genetic resources, products, including derivatives, and processes derived from the use of biotechnology, or traditional knowledge associated with the genetic resources; |
| --- | --- |

(c)

applying for patents or for new plant variety rights at relevant national, regional or international institutions covering, inter alia, the accessed genetic resources, products, including derivatives, and processes derived from the use of biotechnology, or traditional knowledge associated with the genetic resources;

| (d) | requesting market approval for a product developed on the basis of genetic resources or traditional knowledge associated with such resources, or |
| --- | --- |

(d)

requesting market approval for a product developed on the basis of genetic resources or traditional knowledge associated with such resources, or

| (e) | at the time of commercialisation where a market approval is not required. |
| --- | --- |

(e)

at the time of commercialisation where a market approval is not required.

Amendment 61

Proposal for a regulation

Article 7 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Competent authorities shall transmit to the Commission every two years the information received on the basis of paragraphs 1 and 2. The Commission shall summarise the information received and make it available to the Access and Benefit-sharing Clearing House. | Competent authorities shall
  verify the information provided under points (b) to (e) of paragraph 2
  and transmit to the
  Access and Benefit Sharing Clearing House Mechanism, to the Commission and if appropriate to the competent authorities of the State concerned within three months
  the information received
  pursuant to this Article.
  The Commission shall
  within three months
  summarise the information received and make
  it public in an easily accessible, open, internet-based format
  . |

Text proposed by the Commission

Amendment

Competent authorities shall transmit to the Commission every two years the information received on the basis of paragraphs 1 and 2. The Commission shall summarise the information received and make it available to the Access and Benefit-sharing Clearing House.

Competent authorities shall
  verify the information provided under points (b) to (e) of paragraph 2
  and transmit to the
  Access and Benefit Sharing Clearing House Mechanism, to the Commission and if appropriate to the competent authorities of the State concerned within three months
  the information received
  pursuant to this Article.
  The Commission shall
  within three months
  summarise the information received and make
  it public in an easily accessible, open, internet-based format
  .

Amendment 62

Proposal for a regulation

Article 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| Best practices | deleted |
| Any association of users may submit an application to the Commission for recognising as best practice a combination of procedures, tools or mechanisms developed and overseen by it. The application shall be supported by evidence and information. | |
| Where, on the basis of information and evidence supplied to it by an association of users, the Commission determines that the specific combination of procedures, tools or mechanisms, when effectively implemented by a user, enables the user to comply with its obligations set out in Articles 4 and 7, it shall grant recognition as best practice. | |
| An association of users shall inform the Commission of any changes or updates made to a recognised best practice for which it was granted recognition in accordance with paragraph 2. | |
| If evidence from competent authorities of the Member States or other sources indicates repeated cases where users implementing a best practice fail to comply with their obligations under this Regulation, the Commission shall examine in dialogue with the relevant association of users whether the repeated cases of non-compliance indicate possible deficiencies in the best practice. | |
| The Commission shall withdraw the recognition of a best practice, when it has determined that changes to the best practice compromise a user's ability to meet the conditions set out in Articles 4 and 7, or when repeated cases of non-compliance by users relate to deficiencies in the practice. | |
| The Commission shall establish and keep up to date an internet-based register of recognised best practices. That register shall list in one section best practices recognised by the Commission in accordance with paragraph 2 of this Article and display in another section best practices adopted on the basis of Article 20(2) Nagoya Protocol. | |
| The Commission shall be empowered to adopt implementing acts to establish the procedures for implementing paragraphs 1 to 5 of this Article. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2). | |

Text proposed by the Commission

Amendment

Best practices

deleted

Any association of users may submit an application to the Commission for recognising as best practice a combination of procedures, tools or mechanisms developed and overseen by it. The application shall be supported by evidence and information.

Where, on the basis of information and evidence supplied to it by an association of users, the Commission determines that the specific combination of procedures, tools or mechanisms, when effectively implemented by a user, enables the user to comply with its obligations set out in Articles 4 and 7, it shall grant recognition as best practice.

An association of users shall inform the Commission of any changes or updates made to a recognised best practice for which it was granted recognition in accordance with paragraph 2.

If evidence from competent authorities of the Member States or other sources indicates repeated cases where users implementing a best practice fail to comply with their obligations under this Regulation, the Commission shall examine in dialogue with the relevant association of users whether the repeated cases of non-compliance indicate possible deficiencies in the best practice.

The Commission shall withdraw the recognition of a best practice, when it has determined that changes to the best practice compromise a user's ability to meet the conditions set out in Articles 4 and 7, or when repeated cases of non-compliance by users relate to deficiencies in the practice.

The Commission shall establish and keep up to date an internet-based register of recognised best practices. That register shall list in one section best practices recognised by the Commission in accordance with paragraph 2 of this Article and display in another section best practices adopted on the basis of Article 20(2) Nagoya Protocol.

The Commission shall be empowered to adopt implementing acts to establish the procedures for implementing paragraphs 1 to 5 of this Article. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).

Amendment 63

Proposal for a regulation

Article 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The competent authorities shall carry out checks to verify if users comply with the requirements set out in Articles 4 and 7. | 1.   The competent authorities shall carry out checks to verify if users comply with the requirements set out in Articles 4 and 7. |
| 2.   The checks referred to in paragraph 1 of this Article shall be conducted in accordance with a periodically reviewed plan following a risk-based approach.
  When developing this risk-based approach, Member States shall consider that the implementation by a user of a best practice recognised under Article 8(2) of this Regulation or under Article 20(2) of the Nagoya Protocol reduces that user's risk of non-compliance. | 2.   The checks referred to in paragraph 1 of this Article shall be conducted in accordance with a periodically reviewed plan following a risk-based approach
  of which the key principles shall be laid down by the Commission in accordance with the procedure referred to in Article 15(2). |
| 3.   Checks
  may
  be conducted when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning non-compliance of a user with this Regulation. | 3.   
  Additional
  checks
  shall
  be conducted when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning
  a user's
  non-compliance with this Regulation. |
| 4.   The checks referred to in paragraph 1 shall include at least: | 4.   The checks referred to in paragraph 1 shall include at least: |
| (a) | examination of the measures taken by a user to exercise due diligence in accordance with Article 4; |

Text proposed by the Commission

Amendment

1.   The competent authorities shall carry out checks to verify if users comply with the requirements set out in Articles 4 and 7.

1.   The competent authorities shall carry out checks to verify if users comply with the requirements set out in Articles 4 and 7.

2.   The checks referred to in paragraph 1 of this Article shall be conducted in accordance with a periodically reviewed plan following a risk-based approach.
  When developing this risk-based approach, Member States shall consider that the implementation by a user of a best practice recognised under Article 8(2) of this Regulation or under Article 20(2) of the Nagoya Protocol reduces that user's risk of non-compliance.

2.   The checks referred to in paragraph 1 of this Article shall be conducted in accordance with a periodically reviewed plan following a risk-based approach
  of which the key principles shall be laid down by the Commission in accordance with the procedure referred to in Article 15(2).

3.   Checks
  may
  be conducted when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning non-compliance of a user with this Regulation.

3.   
  Additional
  checks
  shall
  be conducted when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning
  a user's
  non-compliance with this Regulation.

4.   The checks referred to in paragraph 1 shall include at least:

4.   The checks referred to in paragraph 1 shall include at least:

(a)

examination of the measures taken by a user to exercise due diligence in accordance with Article 4;

| (a) | examination of the measures taken by a user to exercise due diligence in accordance with Article 4; |
| --- | --- |

(a)

examination of the measures taken by a user to exercise due diligence in accordance with Article 4;

| (b) | examination of documentation and records that demonstrate the exercise of due diligence in accordance with Article 4 in relation to specific use activities; |
| --- | --- |

(b)

examination of documentation and records that demonstrate the exercise of due diligence in accordance with Article 4 in relation to specific use activities;

| (b) | examination of documentation and records that demonstrate the exercise of due diligence in accordance with Article 4 in relation to specific use activities; |
| --- | --- |

(b)

examination of documentation and records that demonstrate the exercise of due diligence in accordance with Article 4 in relation to specific use activities;

| (c) | on the spot checks, including field audits; |
| --- | --- |

(c)

on the spot checks, including field audits;

| (c) | on the spot checks, including field audits; |
| --- | --- |

(c)

on the spot checks, including field audits;

| (d) | examination of instances where a user was obliged to make declarations under Article 7. |
| --- | --- |

(d)

examination of instances where a user was obliged to make declarations under Article 7.

| (d) | examination of instances where a user was obliged to make declarations under Article 7. |
| --- | --- |

(d)

examination of instances where a user was obliged to make declarations under Article 7.

5.   Competent authorities shall accept an internationally recognised certificate of compliance as evidence that the genetic resource it covers has been accessed in accordance with prior informed consent and that mutually agreed terms have been established, as required by the domestic access and benefit-sharing legislation or regulatory requirements of the Party to the Nagoya Protocol providing the prior informed consent.

5.   Competent authorities shall accept an internationally recognised certificate of compliance as evidence that the genetic resource it covers has been accessed in accordance with prior informed consent and that mutually agreed terms have been established, as required by the domestic access and benefit-sharing legislation or regulatory requirements of the Party to the Nagoya Protocol providing the prior informed consent.
  In the event that an internationally recognised certificate is not available, other legally acceptable forms of compliance shall be considered sufficient evidence that the genetic resources covered were legally obtained and that mutually agreed terms were established.

6.   Users shall offer all assistance necessary to facilitate the performance of the checks referred to in paragraph 1, notably as regards access to premises and the presentation of documentation or records.

6.   Users shall offer all assistance necessary to facilitate the performance of the checks referred to in paragraph 1, notably as regards access to premises and the presentation of documentation or records.

7.   Without prejudice to Article 11, where, following the checks referred to in
  paragraph
  1 of this Article, shortcomings have been detected, the competent authority shall issue a notice of remedial actions to be taken by the user.

7.   Without prejudice to Article 11, where, following the checks referred to in
  paragraphs
  1
  and 3
  of this Article,
  or following verification under Article 7(2)
  , shortcomings have been detected, the competent authority shall issue a notice of remedial actions to be taken by the user.

Additionally,
  depending on the nature of the shortcomings detected, Member States may take immediate interim measures, including inter alia seizure of illegally acquired genetic resources and suspension of specific use activities.

If no positive or satisfactory response is given by the user, and
  depending on the nature of the shortcomings detected, Member States may take immediate interim measures, including inter alia seizure of illegally acquired genetic resources and suspension of specific use activities
  including commercialisation of products based on genetic resources and associated traditional knowledge. Such interim measures shall be effective, proportionate and dissuasive.

8.   The Commission shall be empowered to adopt
  implementing
  acts to establish the procedures for implementing paragraphs 1 to 7 of this Article.
  The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).

8.   The Commission shall be empowered to adopt
  delegated
  acts
  in accordance with Article 14a
  to establish the procedures for implementing paragraphs 1 to 7 of this Article
  and to define procedural safeguards, such as a right to appeal, with respect to the provisions under Article 7 and Articles 9 to 11
  .

Amendment 64

Proposal for a regulation

Article 10 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The information referred to in paragraph 1 shall be made available in accordance with Directive 2003/4/EC. | 2.   The information referred to in paragraph 1 shall be made available in accordance with Directive 2003/4/EC
  in an easily accessible, open, internet-based format
  . |

Text proposed by the Commission

Amendment

2.   The information referred to in paragraph 1 shall be made available in accordance with Directive 2003/4/EC.

2.   The information referred to in paragraph 1 shall be made available in accordance with Directive 2003/4/EC
  in an easily accessible, open, internet-based format
  .

Amendment 65

Proposal for a regulation

Article 11 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The penalties provided for must be effective, proportionate and dissuasive. Those penalties may include: | 2.   The penalties provided for must be effective, proportionate and dissuasive. Those penalties may include: |
| (a) | fines; |

Text proposed by the Commission

Amendment

2.   The penalties provided for must be effective, proportionate and dissuasive. Those penalties may include:

2.   The penalties provided for must be effective, proportionate and dissuasive. Those penalties may include:

(a)

fines;

| (a) | fines
  proportional to the value of the use activities related to the genetic resources concerned and that at least effectively deprive those responsible of the economic benefits derived from the infringement; |
| --- | --- |

(a)

fines
  proportional to the value of the use activities related to the genetic resources concerned and that at least effectively deprive those responsible of the economic benefits derived from the infringement;

| (b) | immediate suspension of specific use activities; |
| --- | --- |

(b)

immediate suspension of specific use activities;

| (b) | immediate suspension of specific use
  activities including commercialisation of products based on genetic resources and associated traditional knowledge; |
| --- | --- |

(b)

immediate suspension of specific use
  activities including commercialisation of products based on genetic resources and associated traditional knowledge;

| (c) | confiscation of illegally acquired genetic resources. |
| --- | --- |

(c)

confiscation of illegally acquired genetic resources.

| (c) | confiscation of illegally acquired genetic resources. |
| --- | --- |

(c)

confiscation of illegally acquired genetic resources.

Amendment 66

Proposal for a regulation

Article 12 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The competent authorities shall cooperate with each other, with the administrative authorities of third countries and with the Commission sin order to ensure compliance of users with this Regulation. | 1.   The competent authorities shall cooperate with each other, with the administrative authorities of third countries and with the Commission in order to
  reinforce effective coordination and
  ensure compliance of users with this Regulation.
  Cooperation shall also take place with other relevant actors, including collections, non-governmental organisations and representatives of indigenous and local communities when this is important for the correct implementation of the Nagoya Protocol and this Regulation. |

Text proposed by the Commission

Amendment

1.   The competent authorities shall cooperate with each other, with the administrative authorities of third countries and with the Commission sin order to ensure compliance of users with this Regulation.

1.   The competent authorities shall cooperate with each other, with the administrative authorities of third countries and with the Commission in order to
  reinforce effective coordination and
  ensure compliance of users with this Regulation.
  Cooperation shall also take place with other relevant actors, including collections, non-governmental organisations and representatives of indigenous and local communities when this is important for the correct implementation of the Nagoya Protocol and this Regulation.

Amendment 67

Proposal for a regulation

Article 12 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The competent authorities shall exchange information on serious shortcomings detected through checks referred to in
  Article 9(1)
  and on the types of penalties imposed in accordance with Article 11 with the competent authorities of other Member States and with the Commission. | 2.   The competent authorities shall exchange information
  on the organisation of their checking system for monitoring user compliance with this Regulation,
  on serious shortcomings detected through checks referred to in
  Article 9(4) and Article 10(1),
  and on the types of penalties imposed in accordance with Article 11 with the competent authorities of other Member States and with the Commission. |

Text proposed by the Commission

Amendment

2.   The competent authorities shall exchange information on serious shortcomings detected through checks referred to in
  Article 9(1)
  and on the types of penalties imposed in accordance with Article 11 with the competent authorities of other Member States and with the Commission.

2.   The competent authorities shall exchange information
  on the organisation of their checking system for monitoring user compliance with this Regulation,
  on serious shortcomings detected through checks referred to in
  Article 9(4) and Article 10(1),
  and on the types of penalties imposed in accordance with Article 11 with the competent authorities of other Member States and with the Commission.

Amendment 68

Proposal for a regulation

Article 12 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The Commission shall seek arrangements with the European Patent Office and with the World Intellectual Property Organization to ensure that references to genetic resources and their origin are included in patent registrations. |

Text proposed by the Commission

Amendment

2a.
     
  The Commission shall seek arrangements with the European Patent Office and with the World Intellectual Property Organization to ensure that references to genetic resources and their origin are included in patent registrations.

Amendment 69

Proposal for a regulation

Article 13 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Union platform on access | Union platform on access
  and benefit-sharing |

Text proposed by the Commission

Amendment

Union platform on access

Union platform on access
  and benefit-sharing

Amendment 70

Proposal for a regulation

Article 13 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   A Union platform on access to genetic resources and traditional knowledge associated with genetic resources is hereby established. | 1.   A Union platform on access to genetic resources and traditional knowledge associated with genetic resources
  and on fair and equitable benefit-sharing
  is hereby established.
  Member States that plan to adopt rules governing access to their genetic resources shall first conduct an assessment of the impact of those rules and submit the results to the Union platform for consideration under the procedure laid down in paragraph 5 of this Article. |

Text proposed by the Commission

Amendment

1.   A Union platform on access to genetic resources and traditional knowledge associated with genetic resources is hereby established.

1.   A Union platform on access to genetic resources and traditional knowledge associated with genetic resources
  and on fair and equitable benefit-sharing
  is hereby established.
  Member States that plan to adopt rules governing access to their genetic resources shall first conduct an assessment of the impact of those rules and submit the results to the Union platform for consideration under the procedure laid down in paragraph 5 of this Article.

Amendment 71

Proposal for a regulation

Article 13 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Union platform shall contribute to the streamlining of access conditions at Union level by discussing related issues, including the design and performances of access regimes established in Member States, simplified access for non-commercial research, access practices of collections in the Union, access of Union stakeholders in third countries
  and
  the
  sharing
  of best practices. | 2.   The Union platform shall contribute to the streamlining of access conditions at Union level by discussing related issues, including the design and performances of access regimes established in Member States,
  the promotion of research which contributes to the conservation and sustainable use of biological diversity, particularly in developing countries, including
  simplified access for non-commercial research, access practices of collections in the Union, access of Union stakeholders in third countries
  on mutually agreed terms after obtaining prior informed consent, benefit-sharing practices,
  the
  implementation and further development
  of best practices,
  and the functioning of dispute settlement arrangements.
  . |

Text proposed by the Commission

Amendment

2.   The Union platform shall contribute to the streamlining of access conditions at Union level by discussing related issues, including the design and performances of access regimes established in Member States, simplified access for non-commercial research, access practices of collections in the Union, access of Union stakeholders in third countries
  and
  the
  sharing
  of best practices.

2.   The Union platform shall contribute to the streamlining of access conditions at Union level by discussing related issues, including the design and performances of access regimes established in Member States,
  the promotion of research which contributes to the conservation and sustainable use of biological diversity, particularly in developing countries, including
  simplified access for non-commercial research, access practices of collections in the Union, access of Union stakeholders in third countries
  on mutually agreed terms after obtaining prior informed consent, benefit-sharing practices,
  the
  implementation and further development
  of best practices,
  and the functioning of dispute settlement arrangements.
  .

Amendment 72

Proposal for a regulation

Article 13 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Union platform may provide non-binding advice, guidance or opinions on issues under its mandate. | 3.   The Union platform may provide non-binding advice, guidance or opinions on issues under its mandate.
  Any such advice, guidance or opinions provided shall have due regard for the requirement to involve the relevant indigenous and local communities concerned. |

Text proposed by the Commission

Amendment

3.   The Union platform may provide non-binding advice, guidance or opinions on issues under its mandate.

3.   The Union platform may provide non-binding advice, guidance or opinions on issues under its mandate.
  Any such advice, guidance or opinions provided shall have due regard for the requirement to involve the relevant indigenous and local communities concerned.

Amendment 73

Proposal for a regulation

Article 14 — points da, db, dc, dd, de and df (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | take measures to support, including through existing research programmes, collections that contribute to the conservation of biological diversity and cultural diversity but which have insufficient means to register their collections in the Union register; |

Text proposed by the Commission

Amendment

(da)

take measures to support, including through existing research programmes, collections that contribute to the conservation of biological diversity and cultural diversity but which have insufficient means to register their collections in the Union register;

| (db) | ensure that, in situations where genetic resources and associated traditional knowledge are utilised illegally, or not in compliance with prior informed consent or mutually agreed terms, providers who are competent to grant access to genetic resources and sign mutually agreed terms are entitled to bring an action to prevent or stop such utilisation, including through injunctions, and to seek compensation for any damages resulting therefrom, as well as, where appropriate, for the seizure of the genetic resources concerned; |
| --- | --- |

(db)

ensure that, in situations where genetic resources and associated traditional knowledge are utilised illegally, or not in compliance with prior informed consent or mutually agreed terms, providers who are competent to grant access to genetic resources and sign mutually agreed terms are entitled to bring an action to prevent or stop such utilisation, including through injunctions, and to seek compensation for any damages resulting therefrom, as well as, where appropriate, for the seizure of the genetic resources concerned;

| (dc) | encourage users and providers to direct benefits arising from the utilisation or subsequent commercialisation of genetic resources towards the conservation of biological diversity and the sustainable use of its components; |
| --- | --- |

(dc)

encourage users and providers to direct benefits arising from the utilisation or subsequent commercialisation of genetic resources towards the conservation of biological diversity and the sustainable use of its components;

| (dd) | support, including through capacity-building, upon request, regional cooperation on benefit-sharing regarding transboundary genetic resources and associated traditional knowledge; |
| --- | --- |

(dd)

support, including through capacity-building, upon request, regional cooperation on benefit-sharing regarding transboundary genetic resources and associated traditional knowledge;

| (de) | consider the necessity for creating catalogues of the available genetic resources originating from each Member State in accordance with Article 7 of the Convention, in order to have a better knowledge of biodiversity; |
| --- | --- |

(de)

consider the necessity for creating catalogues of the available genetic resources originating from each Member State in accordance with Article 7 of the Convention, in order to have a better knowledge of biodiversity;

| (df) | support research and development of genetic catalogues both within the Union and in third countries. |
| --- | --- |

(df)

support research and development of genetic catalogues both within the Union and in third countries.

Amendment 74

Proposal for a regulation

Article 14 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 14a |
| | Exercise of the delegation |
| | 1.
     
  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. |
| | 2.
     
  The power to adopt delegated acts referred to in Article 4(4b) and Article 9(8) shall be conferred on the Commission for a period of five years from ...

   (4)

  . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. |
| | 3.
     
  The delegation of power referred to in Article 4(4a) and Article 9(8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
| | 4.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. |
| | 5.
     
  A delegated act adopted pursuant to Article 4(4a) and Article 9(8) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. |

Text proposed by the Commission

Amendment

Article 14a

Exercise of the delegation

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

2.
     
  The power to adopt delegated acts referred to in Article 4(4b) and Article 9(8) shall be conferred on the Commission for a period of five years from ...

   (4)

  . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.
     
  The delegation of power referred to in Article 4(4a) and Article 9(8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

5.
     
  A delegated act adopted pursuant to Article 4(4a) and Article 9(8) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Amendment 75

Proposal for a regulation

Article 15 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 15a |
| | Consultation Forum |
| | The Commission shall ensure a balanced participation of Member States’ representatives and relevant provider organisations, user associations, inter-governmental and non-governmental organisations as well as representatives of indigenous and local communities in the implementation of this Regulation. Those parties shall contribute, in particular, to defining and reviewing delegated acts pursuant to Article 4(4a) and Article 9(8), and to the implementation of Articles 5, 7 and 8, and any guidelines for establishing mutually agreed terms. The parties shall meet in a consultation forum. The rules of procedure of that forum shall be established by the Commission. |

Text proposed by the Commission

Amendment

Article 15a

Consultation Forum

The Commission shall ensure a balanced participation of Member States’ representatives and relevant provider organisations, user associations, inter-governmental and non-governmental organisations as well as representatives of indigenous and local communities in the implementation of this Regulation. Those parties shall contribute, in particular, to defining and reviewing delegated acts pursuant to Article 4(4a) and Article 9(8), and to the implementation of Articles 5, 7 and 8, and any guidelines for establishing mutually agreed terms. The parties shall meet in a consultation forum. The rules of procedure of that forum shall be established by the Commission.

Amendment 76

Proposal for a regulation

Article 16 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Every
  ten
  years after its first report the Commission shall, on the basis of reporting on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation. In its reporting the Commission shall in particular consider the administrative consequences for public research institutions, small or medium-sized enterprises and micro-enterprises. It shall also consider the need for further Union action on access to genetic resources and traditional knowledge associated with genetic resources. | 3.   Every
  five
  years after its first report the Commission shall, on the basis of reporting on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation. In its reporting the Commission shall in particular consider the administrative consequences for
  specific sectors,
  public research institutions, small or medium-sized enterprises and micro-enterprises. It shall also consider
  the need to review the implementation of the provisions of this Regulation concerning traditional knowledge associated with genetic resources in light of developments in other relevant international organizations and
  the need for further Union action on access to genetic resources and traditional knowledge associated with genetic resources
  with the view to implementing Article 5.2, Article 6.2, Article 7 and Article 12 of the Nagoya Protocol and respecting the rights of indigenous and local communities. |

Text proposed by the Commission

Amendment

3.   Every
  ten
  years after its first report the Commission shall, on the basis of reporting on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation. In its reporting the Commission shall in particular consider the administrative consequences for public research institutions, small or medium-sized enterprises and micro-enterprises. It shall also consider the need for further Union action on access to genetic resources and traditional knowledge associated with genetic resources.

3.   Every
  five
  years after its first report the Commission shall, on the basis of reporting on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation. In its reporting the Commission shall in particular consider the administrative consequences for
  specific sectors,
  public research institutions, small or medium-sized enterprises and micro-enterprises. It shall also consider
  the need to review the implementation of the provisions of this Regulation concerning traditional knowledge associated with genetic resources in light of developments in other relevant international organizations and
  the need for further Union action on access to genetic resources and traditional knowledge associated with genetic resources
  with the view to implementing Article 5.2, Article 6.2, Article 7 and Article 12 of the Nagoya Protocol and respecting the rights of indigenous and local communities.

Amendment 77

Proposal for a regulation

Article 16 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 16 a |
| | Amendment to Directive 2008/99/EC |
| | Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law

   (1)

  is hereby amended, with effect from ...

   (*)

  , as follows:










  (1) | in Article 3, the following point is added:










  ‘(j) | Illegal acquiring of genetic resources’ |

Text proposed by the Commission

Amendment

Article 16 a

Amendment to Directive 2008/99/EC

Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law

   (1)

  is hereby amended, with effect from ...

   (*)

  , as follows:

(1)

in Article 3, the following point is added:

‘(j)

Illegal acquiring of genetic resources’

| (2) | In Annex A, the following indent is added:










  ‘— | Regulation (EU) No. .../2013 of the European Parliament and of the Council of ... on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union’. |
| --- | --- | --- |

(2)

In Annex A, the following indent is added:

‘—

Regulation (EU) No. .../2013 of the European Parliament and of the Council of ... on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union’.

Amendment 78

Proposal for a regulation

Article 17 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   
  Articles
  4, 7, and 9 shall apply one year after the date of entry into force of this Regulation | 2.   
  Article
  4
  (1) to (4)
  ,
  Article
  7, and
  Article
  9 shall apply one year after the date of entry into force of this Regulation. |

Text proposed by the Commission

Amendment

2.   
  Articles
  4, 7, and 9 shall apply one year after the date of entry into force of this Regulation

2.   
  Article
  4
  (1) to (4)
  ,
  Article
  7, and
  Article
  9 shall apply one year after the date of entry into force of this Regulation.

---

(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0263/2013).

(2)  
  Six months after the entry into force of this Regulation.

(3)  

  OJ L 61, 3.3.1997, p. 1.

(4)  
  Date referred to in Article 17(1)

(1)  

  OJ L 328, 6.12.2008, p. 28.

(*)  
  One year after the date of entry into force of this Regulation.

---