# Official Journal C 449/23 D

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 449 |
| | |
| English edition | Information and Notices | Volume 6323 December 2020 |

ISSN 1977-091X

Official Journal

of the European Union

C 449

English edition

Information and Notices

Volume 6323 December 2020

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| Contents | page |
| --- | --- |
| | |
| | EUROPEAN PARLIAMENT
  2018-2019 SESSIONSittings of 11 to 14 February 2019
  The Minutes of this session have been published in OJ C 396, 20.11.2020 .
  TEXTS ADOPTED | 1 |

Contents

page

EUROPEAN PARLIAMENT
  2018-2019 SESSIONSittings of 11 to 14 February 2019
  The Minutes of this session have been published in OJ C 396, 20.11.2020 .
  TEXTS ADOPTED

EUROPEAN PARLIAMENT

The Minutes of this session have been published in OJ C 396, 20.11.2020 .

1

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| | I   Resolutions, recommendations and opinions |
| --- | --- |
| | RESOLUTIONS |
| | European Parliament |
| | Tuesday 12 February 2019 |
| 2020/C 449/01 | European Parliament resolution of 12 February 2019 on the need for a strengthened post-2020 Strategic EU Framework for National Roma Inclusion Strategies and stepping up the fight against anti-Gypsyism (2019/2509(RSP)) | 2 |
| 2020/C 449/02 | European Parliament resolution of 12 February 2019 on the implementation of the Treaty provisions related to EU citizenship (2018/2111(INI)) | 6 |
| 2020/C 449/03 | European Parliament resolution of 12 February 2019 on the implementation of the Treaty provisions concerning enhanced cooperation (2018/2112(INI)) | 16 |
| 2020/C 449/04 | European Parliament resolution of 12 February 2019 on the implementation of the Treaty provisions on Parliament’s power of political control over the Commission (2018/2113(INI)) | 22 |
| 2020/C 449/05 | European Parliament resolution of 12 February 2019 on the implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework (2017/2089(INI)) | 28 |
| 2020/C 449/06 | European Parliament resolution of 12 February 2019 on a comprehensive European industrial policy on artificial intelligence and robotics (2018/2088(INI)) | 37 |
| 2020/C 449/07 | European Parliament resolution of 12 February 2019 on the implementation of Directive 2009/128/EC on the sustainable use of pesticides (2017/2284(INI)) | 59 |
| 2020/C 449/08 | European Parliament resolution of 12 February 2019 on the implementation of the Cross-Border Healthcare Directive (2018/2108(INI)) | 71 |
| | Wednesday 13 February 2019 |
| 2020/C 449/09 | European Parliament resolution of 13 February 2019 on the 2018 Commission Report on Bosnia and Herzegovina (2018/2148(INI)) | 80 |
| 2020/C 449/10 | European Parliament resolution of 13 February 2019 on the state of the debate on the future of Europe (2018/2094(INI)) | 90 |
| 2020/C 449/11 | European Parliament resolution of 13 February 2019 on experiencing a backlash in women’s rights and gender equality in the EU (2018/2684(RSP)) | 102 |
| 2020/C 449/12 | European Parliament resolution of 13 February 2019 on policy challenges and strategies against women’s cancers and related comorbidities (2018/2782(RSP)) | 109 |
| 2020/C 449/13 | European Parliament resolution of 13 February 2019 on use of cannabis for medicinal purposes (2018/2775(RSP)) | 115 |
| 2020/C 449/14 | European Parliament resolution of 13 February 2019 on the outcome of the Committee on Petitions’ deliberations during 2018 (2018/2280(INI)) | 119 |
| | Thursday 14 February 2019 |
| 2020/C 449/15 | European Parliament resolution of 14 February 2019 on the situation in Chechnya and the case of Oyub Titiev (2019/2562(RSP)) | 125 |
| 2020/C 449/16 | European Parliament resolution of 14 February 2019 on Zimbabwe (2019/2563(RSP)) | 128 |
| 2020/C 449/17 | European Parliament resolution of 14 February 2019 on women’s rights defenders in Saudi Arabia (2019/2564(RSP)) | 133 |
| 2020/C 449/18 | European Parliament resolution of 14 February 2019 on the right to peaceful protest and the proportionate use of force (2019/2569(RSP)) | 139 |
| 2020/C 449/19 | European Parliament resolution of 14 February 2019 on the rights of intersex people (2018/2878(RSP)) | 142 |
| 2020/C 449/20 | European Parliament resolution of 14 February 2019 on the future of the LGBTI List of Actions (2019-2024) (2019/2573(RSP)) | 146 |
| 2020/C 449/21 | European Parliament resolution of 14 February 2019 on the future of the INF Treaty and the impact on the European Union (2019/2574(RSP)) | 149 |
| 2020/C 449/22 | European Parliament resolution of 14 February 2019 on NAIADES II — An action programme to support inland waterway transport (2018/2882(RSP)) | 154 |
| 2020/C 449/23 | European Parliament resolution of 14 February 2019 on the implementation of Council Regulation (EC) No 1/2005 on the protection of animals during transport within and outside the EU (2018/2110(INI)) | 157 |
| 2020/C 449/24 | European Parliament resolution of 14 February 2019 on strengthening the competitiveness of the Internal Market by developing the EU Customs Union and its governance (2018/2109(INI)) | 170 |
| 2020/C 449/25 | European Parliament resolution of 14 February 2019 on the implementation of the legal provisions and the Joint Statement ensuring parliamentary scrutiny over decentralised agencies (2018/2114(INI)) | 176 |

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 12 February 2019

2020/C 449/01

European Parliament resolution of 12 February 2019 on the need for a strengthened post-2020 Strategic EU Framework for National Roma Inclusion Strategies and stepping up the fight against anti-Gypsyism (2019/2509(RSP))

2

2020/C 449/02

European Parliament resolution of 12 February 2019 on the implementation of the Treaty provisions related to EU citizenship (2018/2111(INI))

6

2020/C 449/03

European Parliament resolution of 12 February 2019 on the implementation of the Treaty provisions concerning enhanced cooperation (2018/2112(INI))

16

2020/C 449/04

European Parliament resolution of 12 February 2019 on the implementation of the Treaty provisions on Parliament’s power of political control over the Commission (2018/2113(INI))

22

2020/C 449/05

European Parliament resolution of 12 February 2019 on the implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework (2017/2089(INI))

28

2020/C 449/06

European Parliament resolution of 12 February 2019 on a comprehensive European industrial policy on artificial intelligence and robotics (2018/2088(INI))

37

2020/C 449/07

European Parliament resolution of 12 February 2019 on the implementation of Directive 2009/128/EC on the sustainable use of pesticides (2017/2284(INI))

59

2020/C 449/08

European Parliament resolution of 12 February 2019 on the implementation of the Cross-Border Healthcare Directive (2018/2108(INI))

71

Wednesday 13 February 2019

2020/C 449/09

European Parliament resolution of 13 February 2019 on the 2018 Commission Report on Bosnia and Herzegovina (2018/2148(INI))

80

2020/C 449/10

European Parliament resolution of 13 February 2019 on the state of the debate on the future of Europe (2018/2094(INI))

90

2020/C 449/11

European Parliament resolution of 13 February 2019 on experiencing a backlash in women’s rights and gender equality in the EU (2018/2684(RSP))

102

2020/C 449/12

European Parliament resolution of 13 February 2019 on policy challenges and strategies against women’s cancers and related comorbidities (2018/2782(RSP))

109

2020/C 449/13

European Parliament resolution of 13 February 2019 on use of cannabis for medicinal purposes (2018/2775(RSP))

115

2020/C 449/14

European Parliament resolution of 13 February 2019 on the outcome of the Committee on Petitions’ deliberations during 2018 (2018/2280(INI))

119

Thursday 14 February 2019

2020/C 449/15

European Parliament resolution of 14 February 2019 on the situation in Chechnya and the case of Oyub Titiev (2019/2562(RSP))

125

2020/C 449/16

European Parliament resolution of 14 February 2019 on Zimbabwe (2019/2563(RSP))

128

2020/C 449/17

European Parliament resolution of 14 February 2019 on women’s rights defenders in Saudi Arabia (2019/2564(RSP))

133

2020/C 449/18

European Parliament resolution of 14 February 2019 on the right to peaceful protest and the proportionate use of force (2019/2569(RSP))

139

2020/C 449/19

European Parliament resolution of 14 February 2019 on the rights of intersex people (2018/2878(RSP))

142

2020/C 449/20

European Parliament resolution of 14 February 2019 on the future of the LGBTI List of Actions (2019-2024) (2019/2573(RSP))

146

2020/C 449/21

European Parliament resolution of 14 February 2019 on the future of the INF Treaty and the impact on the European Union (2019/2574(RSP))

149

2020/C 449/22

European Parliament resolution of 14 February 2019 on NAIADES II — An action programme to support inland waterway transport (2018/2882(RSP))

154

2020/C 449/23

European Parliament resolution of 14 February 2019 on the implementation of Council Regulation (EC) No 1/2005 on the protection of animals during transport within and outside the EU (2018/2110(INI))

157

2020/C 449/24

European Parliament resolution of 14 February 2019 on strengthening the competitiveness of the Internal Market by developing the EU Customs Union and its governance (2018/2109(INI))

170

2020/C 449/25

European Parliament resolution of 14 February 2019 on the implementation of the legal provisions and the Joint Statement ensuring parliamentary scrutiny over decentralised agencies (2018/2114(INI))

176

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| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| | Tuesday 12 February 2019 |
| 2020/C 449/26 | European Parliament resolution of 12 February 2019 on a draft regulation of the European Parliament laying down the regulations and general conditions governing the performance of the Ombudsman’s duties (Statute of the European Ombudsman) and repealing Decision 94/262/ECSC, EC, Euratom (2018/2080(INL) — 2019/0900(APP)) | 182 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Tuesday 12 February 2019

2020/C 449/26

European Parliament resolution of 12 February 2019 on a draft regulation of the European Parliament laying down the regulations and general conditions governing the performance of the Ombudsman’s duties (Statute of the European Ombudsman) and repealing Decision 94/262/ECSC, EC, Euratom (2018/2080(INL) — 2019/0900(APP))

182

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| | III   Preparatory acts |
| --- | --- |
| | European Parliament |
| | Tuesday 12 February 2019 |
| 2020/C 449/27 | European Parliament legislative resolution of 12 February 2019 on the draft Council decision on the conclusion of the Protocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Côte d’Ivoire (2018-2024) (10858/2018 — C8-0387/2018 — 2018/0267(NLE)) | 191 |
| 2020/C 449/28 | European Parliament non-legislative resolution of 12 February 2019 on the draft Council decision on the conclusion of the Protocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Côte d’Ivoire (2018-2024) (10858/2018 — C8-0387/2018 — 2018/0267M(NLE)) | 192 |
| 2020/C 449/29 | European Parliament legislative resolution of 12 February 2019 on the draft Council decision on the conclusion of the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and the exchange of letters accompanying the Agreement (14367/2018 — C8-0033/2019 — 2018/0349(NLE)) | 195 |
| 2020/C 449/30 | European Parliament legislative resolution of 12 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (10784/2018 — C8-0431/2018 — 2018/0239(NLE)) | 196 |
| 2020/C 449/31 | European Parliament legislative resolution of 12 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union and its Member States, of the Third Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Croatia to the European Union (15383/2017 — C8-0489/2018 — 2017/0319(NLE)) | 197 |
| 2020/C 449/32 | P8_TA(2019)0068EU Anti-Fraud Programme ***IEuropean Parliament legislative resolution of 12 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the EU Anti-Fraud Programme (COM(2018)0386 — C8-0236/2018 — 2018/0211(COD))P8_TC1-COD(2018)0211Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on establishing the EU Anti-Fraud Programme | 198 |
| 2020/C 449/33 | P8_TA(2019)0069Multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks ***IEuropean Parliament legislative resolution of 12 February 2019 on the proposal for a Regulation of the European Parliament and of the Council establishing a multiannual plan for fish stocks in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulation (EU) 2016/1139 establishing a multiannual plan for the Baltic Sea, and repealing Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008 (COM(2018)0149 — C8–0126/2018 — 2018/0074(COD)P8_TC1-COD(2018)0074Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008 | 213 |
| 2020/C 449/34 | P8_TA(2019)0070Union Civil Protection Mechanism ***IEuropean Parliament legislative resolution of 12 February 2019 on the proposal for a decision of the European Parliament and of the Council amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism (COM(2017)0772/2 — C8-0409/2017 — 2017/0309(COD))P8_TC1-COD(2017)0309Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Decision (EU) 2019/... of the European Parliament and of the Council amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism | 216 |
| 2020/C 449/35 | P8_TA(2019)0071Minimum requirements for water reuse ***IEuropean Parliament legislative resolution of 12 February 2019 on the proposal for a regulation of the European Parliament and of the Council on minimum requirements for water reuse (COM(2018)0337 — C8-0220/2018 — 2018/0169(COD))P8_TC1-COD(2018)0169Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on minimum requirements for water reuse(Text with EEA relevance) | 219 |
| 2020/C 449/36 | P8_TA(2019)0072Approval and market surveillance of agricultural and forestry vehicles ***IEuropean Parliament legislative resolution of 12 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending and correcting Regulation (EU) No 167/2013 on the approval and market surveillance of agricultural and forestry vehicles (COM(2018)0289 — C8-0183/2018 — 2018/0142(COD))P8_TC1-COD(2018)0142Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council amending Regulation (EU) No 167/2013 on the approval and market surveillance of agricultural and forestry vehicles | 246 |
| 2020/C 449/37 | P8_TA(2019)0073Programme for single market, competitiveness of enterprises and European statistics ***IEuropean Parliament legislative resolution of 12 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Programme for single market, competitiveness of enterprises, including small and medium-sized enterprises, and European statistics and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014, (EU) No 258/2014, (EU) No 652/2014 and (EU) 2017/826 (COM(2018)0441 — C8-0254/2018 — 2018/0231(COD))P8_TC1-COD(2018)0231Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council establishing the Programme for single market, competitiveness of enterprises, including small and medium-sized enterprises, and European statistics and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014, (EU) No 258/2014, (EU) No 652/2014 and (EU) 2017/826(Text with EEA relevance) | 247 |
| 2020/C 449/38 | European Parliament legislative resolution of 12 February 2019 on the proposal for a Council directive amending Directive 2006/112/EC as regards the introduction of the detailed technical measures for the operation of the definitive VAT system for the taxation of trade between Member States (COM(2018)0329 — C8-0317/2018 — 2018/0164(CNS)) | 295 |
| | Wednesday 13 February 2019 |
| 2020/C 449/39 | P8_TA(2019)0084European Fisheries Control Agency ***IEuropean Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on the European Fisheries Control Agency (codification) (COM(2018)0499 — C8-0313/2018 — 2018/0263(COD))P8_TC1-COD(2018)0263Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council on the European Fisheries Control Agency (codification) | 316 |
| 2020/C 449/40 | Decision of the European Parliament of 13 February 2019 referring the matter to the committee responsible for interinstitutional negotiations on the basis of the unamended proposal for a decision of the European Parliament and of the Council on computerising the movement and surveillance of excise goods (recast) (COM(2018)0341 — C8-0215/2018 — 2018/0187(COD)) | 317 |
| 2020/C 449/41 | P8_TA(2019)0086Law applicable to the third-party effects of assignments of claims ***IEuropean Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on the law applicable to the third party effects of assignments of claims (COM(2018)0096 — C8-0109/2018 — 2018/0044(COD))P8_TC1-COD(2018)0044Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on the law applicable to the third-party effects of assignments of claims | 318 |
| 2020/C 449/42 | P8_TA(2019)0087Exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (Pericles IV programme) ***IEuropean Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (the Pericles IV programme) (COM(2018)0369 — C8-0240/2018 — 2018/0194(COD))P8_TC1-COD(2018)0194Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (the Pericles IV programme) | 329 |
| 2020/C 449/43 | European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and the Republic of Singapore (07971/2018 — C8-0446/2018 — 2018/0093(NLE)) | 340 |
| 2020/C 449/44 | European Parliament non-legislative resolution of 13 February 2019 on the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and the Republic of Singapore (07971/2018 — C8-0446/2018 — 2018/0093M(NLE)) | 341 |
| 2020/C 449/45 | European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion on behalf of the European Union of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (07979/2018 — C8-0447/2018 — 2018/0095(NLE)) | 346 |
| 2020/C 449/46 | European Parliament non-legislative resolution of 13 February 2019 on the draft Council decision on the conclusion on behalf of the European Union of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (07979/2018 — C8-0447/2018 — 2018/0095M(NLE)) | 347 |
| 2020/C 449/47 | European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (15375/2018 — C8-0026/2019 — 2018/0403(NLE)) | 351 |
| 2020/C 449/48 | European Parliament non-legislative resolution of 13 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (15375/2018 — C8-0026/2019 — 2018/0403M(NLE)) | 352 |
| 2020/C 449/49 | European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Treaty establishing the Transport Community (13111/2018 — C8-0473/2018 — 2018/0282(NLE)) | 357 |
| 2020/C 449/50 | Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument (COM(2018)0375 — C8-0230/2018 — 2018/0196(COD)) | 358 |
| 2020/C 449/51 | Amendments adopted by the European Parliament on13 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Justice programme (COM(2018)0384 — C8-0235/2018 — 2018/0208(COD)) | 491 |
| 2020/C 449/52 | European Parliament decision to raise no objections to the Commission delegated regulation of 19 December 2018 amending Annex I to Regulation (EC) No 184/2005 of the European Parliament and of the Council, as regards the geographical breakdown levels (C(2018)08872 — 2018/3002(DEA)) | 530 |
| 2020/C 449/53 | European Parliament decision to raise no objections to the Commission delegated regulation of 19 December 2018 amending Delegated Regulation (EU) 2015/2205, Delegated Regulation (EU) 2016/592 and Delegated Regulation (EU) 2016/1178 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on the clearing obligation to extend the dates of deferred application of the clearing obligation for certain OTC derivative contracts (C(2018)09047 — 2018/2998(DEA)) | 531 |
| 2020/C 449/54 | European Parliament decision to raise no objections to the Commission delegated regulation of 19 December 2018 amending Commission Delegated Regulation (EU) 2015/2205, Commission Delegated Regulation (EU) 2016/592 and Commission Delegated Regulation (EU) 2016/1178 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards the date at which the clearing obligation takes effect for certain types of contracts (C(2018)09122 — 2018/3004(DEA)) | 533 |
| 2020/C 449/55 | European Parliament decision to raise no objections to the Commission delegated regulation of 19 December 2018 amending Delegated Regulation (EU) 2016/2251 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards the date until which counterparties may continue to apply their risk-management procedures for certain OTC derivative contracts not cleared by a CCP (C(2018)09118 — 2018/3003(DEA)) | 535 |
| 2020/C 449/56 | P8_TA(2019)0103Cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters ***IEuropean Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (COM(2018)0378 — C8-0242/2018 — 2018/0203(COD))P8_TC1-COD(2018)0203Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council amending Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters | 537 |
| 2020/C 449/57 | P8_TA(2019)0104Service in the Member States of judicial and extrajudicial documents in civil or commercial matters ***IEuropean Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (COM(2018)0379 — C8-0243/2018 — 2018/0204(COD))P8_TC1-COD(2018)0204Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council amending Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) | 545 |
| 2020/C 449/58 | Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on common rules ensuring basic road freight connectivity with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union (COM(2018)0895 — C8-0511/2018 — 2018/0436(COD)) | 560 |
| 2020/C 449/59 | Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union (COM(2018)0893 — C8-0510/2018 — 2018/0433(COD)) | 564 |
| 2020/C 449/60 | Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on certain aspects of aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union (COM(2018)0894 — C8-0514/2018 — 2018/0434(COD)) | 571 |
| 2020/C 449/61 | European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion of the relevant Agreements under Article XXI of the General Agreement on Trade in Services with Argentina, Australia, Brazil, Canada, China, the Separate customs territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), Columbia, Cuba, Ecuador, Hong Kong China, India, Japan, Korea, New Zealand, the Philippines, Switzerland, and the United States, on the necessary compensatory adjustments resulting from the accession of Czechia, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden to the European Union (14020/2018 — C8-0509/2018 — 2018/0384(NLE)) | 575 |
| 2020/C 449/62 | P8_TA(2019)0109Streamlining measures for advancing the realisation of the trans-European transport network ***IEuropean Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network (COM(2018)0277 — C8-0192/2018 — 2018/0138(COD))P8_TC1-COD(2018)0138Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network | 576 |
| 2020/C 449/63 | Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/103/EC of the European Parliament and the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to ensure against such liability (COM(2018)0336 — C8-0211/2018 — 2018/0168(COD)) | 586 |
| | Thursday 14 February 2019 |
| 2020/C 449/64 | P8_TA(2019)0118Mechanism to resolve legal and administrative obstacles in a cross-border context ***IEuropean Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council on a mechanism to resolve legal and administrative obstacles in a cross-border context (COM(2018)0373 — C8-0228/2018 — 2018/0198(COD))P8_TC1-COD(2018)0198Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on a mechanism to resolve legal and administrative obstacles in a cross-border context | 619 |
| 2020/C 449/65 | European Parliament legislative resolution of 14 February 2019 on the draft Council implementing decision approving the conclusion by Eurojust of the Agreement on Cooperation between Eurojust and Georgia (13483/2018 — C8-0484/2018 — 2018/0813(CNS)) | 637 |
| 2020/C 449/66 | P8_TA(2019)0120Health technology assessment ***IEuropean Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council on health technology assessment and amending Directive 2011/24/EU (COM(2018)0051 — C8-0024/2018 — 2018/0018(COD))P8_TC1-COD(2018)0018Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on health technology assessment and amending Directive 2011/24/EU(Text with EEA relevance) | 638 |
| 2020/C 449/67 | P8_TA(2019)0121Framework for screening of foreign direct investments into the European Union ***IEuropean Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing a framework for screening of foreign direct investments into the European Union (COM(2017)0487 — C8-0309/2017 — 2017/0224(COD))P8_TC1-COD(2017)0224Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council establishing a framework for the screening of foreign direct investments into the Union | 673 |
| 2020/C 449/68 | P8_TA(2019)0122Interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union ***IEuropean Parliament legislative resolution of 14 February 2019 on the proposal for a Directive of the European Parliament and of the Council on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union (recast) (COM(2017)0280 — C8-0173/2017 — 2017/0128(COD))P8_TC1-COD(2017)0128Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Directive (EU) 2019/... of the European Parliament and of the Council on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union (recast) | 676 |
| 2020/C 449/69 | P8_TA(2019)0123Mutual recognition of goods lawfully marketed in another Member State ***IEuropean Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council on the mutual recognition of goods lawfully marketed in another Member State (COM(2017)0796 — C8-0005/2018 — 2017/0354(COD))P8_TC1-COD(2017)0354Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008 | 678 |
| 2020/C 449/70 | P8_TA(2019)0124Charges on cross-border payments in the Union and currency conversion charges ***IEuropean Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 924/2009 as regards certain charges on cross-border payments in the Union and currency conversion charges (COM(2018)0163 — C8-0129/2018 — 2018/0076(COD))P8_TC1-COD(2018)0076Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council amending Regulation (EC) No 924/2009 as regards certain charges on cross-border payments in the Union and currency conversion charges | 679 |
| 2020/C 449/71 | P8_TA(2019)0125Common rules for access to the international market for coach and bus services ***IEuropean Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services (COM(2017)0647 — C8-0396/2017 — 2017/0288(COD))P8_TC1-COD(2017)0288Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council amending Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services(Text with EEA relevance) | 680 |
| 2020/C 449/72 | P8_TA(2019)0126Amending Directive 2012/27/EU on energy efficiency and Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action, by reason of the withdrawal of the United Kingdom from the European Union ***IEuropean Parliament legislative resolution of 14 February 2019 on the proposal for a decision of the European Parliament and of the Council on adapting Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency [as amended by Directive 2018/XXX/EU] and Regulation (EU) 2018/XXX of the European Parliament and of the Council [Governance of the Energy Union], by reason of the withdrawal of the United Kingdom from the European Union (COM(2018)0744 — C8-0482/2018 — 2018/0385(COD))P8_TC1-COD(2018)0385Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Decision (EU) 2019/... of the European Parliament and of the Council on amending Directive 2012/27/EU on energy efficiency and Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action, by reason of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union | 694 |

III   Preparatory acts

European Parliament

Tuesday 12 February 2019

2020/C 449/27

European Parliament legislative resolution of 12 February 2019 on the draft Council decision on the conclusion of the Protocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Côte d’Ivoire (2018-2024) (10858/2018 — C8-0387/2018 — 2018/0267(NLE))

191

2020/C 449/28

European Parliament non-legislative resolution of 12 February 2019 on the draft Council decision on the conclusion of the Protocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Côte d’Ivoire (2018-2024) (10858/2018 — C8-0387/2018 — 2018/0267M(NLE))

192

2020/C 449/29

European Parliament legislative resolution of 12 February 2019 on the draft Council decision on the conclusion of the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and the exchange of letters accompanying the Agreement (14367/2018 — C8-0033/2019 — 2018/0349(NLE))

195

2020/C 449/30

European Parliament legislative resolution of 12 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (10784/2018 — C8-0431/2018 — 2018/0239(NLE))

196

2020/C 449/31

European Parliament legislative resolution of 12 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union and its Member States, of the Third Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Croatia to the European Union (15383/2017 — C8-0489/2018 — 2017/0319(NLE))

197

2020/C 449/32

P8_TA(2019)0068EU Anti-Fraud Programme ***IEuropean Parliament legislative resolution of 12 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the EU Anti-Fraud Programme (COM(2018)0386 — C8-0236/2018 — 2018/0211(COD))P8_TC1-COD(2018)0211Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on establishing the EU Anti-Fraud Programme

198

2020/C 449/33

P8_TA(2019)0069Multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks ***IEuropean Parliament legislative resolution of 12 February 2019 on the proposal for a Regulation of the European Parliament and of the Council establishing a multiannual plan for fish stocks in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulation (EU) 2016/1139 establishing a multiannual plan for the Baltic Sea, and repealing Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008 (COM(2018)0149 — C8–0126/2018 — 2018/0074(COD)P8_TC1-COD(2018)0074Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008

213

2020/C 449/34

P8_TA(2019)0070Union Civil Protection Mechanism ***IEuropean Parliament legislative resolution of 12 February 2019 on the proposal for a decision of the European Parliament and of the Council amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism (COM(2017)0772/2 — C8-0409/2017 — 2017/0309(COD))P8_TC1-COD(2017)0309Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Decision (EU) 2019/... of the European Parliament and of the Council amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism

216

2020/C 449/35

P8_TA(2019)0071Minimum requirements for water reuse ***IEuropean Parliament legislative resolution of 12 February 2019 on the proposal for a regulation of the European Parliament and of the Council on minimum requirements for water reuse (COM(2018)0337 — C8-0220/2018 — 2018/0169(COD))P8_TC1-COD(2018)0169Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on minimum requirements for water reuse(Text with EEA relevance)

219

2020/C 449/36

P8_TA(2019)0072Approval and market surveillance of agricultural and forestry vehicles ***IEuropean Parliament legislative resolution of 12 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending and correcting Regulation (EU) No 167/2013 on the approval and market surveillance of agricultural and forestry vehicles (COM(2018)0289 — C8-0183/2018 — 2018/0142(COD))P8_TC1-COD(2018)0142Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council amending Regulation (EU) No 167/2013 on the approval and market surveillance of agricultural and forestry vehicles

246

2020/C 449/37

P8_TA(2019)0073Programme for single market, competitiveness of enterprises and European statistics ***IEuropean Parliament legislative resolution of 12 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Programme for single market, competitiveness of enterprises, including small and medium-sized enterprises, and European statistics and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014, (EU) No 258/2014, (EU) No 652/2014 and (EU) 2017/826 (COM(2018)0441 — C8-0254/2018 — 2018/0231(COD))P8_TC1-COD(2018)0231Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council establishing the Programme for single market, competitiveness of enterprises, including small and medium-sized enterprises, and European statistics and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014, (EU) No 258/2014, (EU) No 652/2014 and (EU) 2017/826(Text with EEA relevance)

247

2020/C 449/38

European Parliament legislative resolution of 12 February 2019 on the proposal for a Council directive amending Directive 2006/112/EC as regards the introduction of the detailed technical measures for the operation of the definitive VAT system for the taxation of trade between Member States (COM(2018)0329 — C8-0317/2018 — 2018/0164(CNS))

295

Wednesday 13 February 2019

2020/C 449/39

P8_TA(2019)0084European Fisheries Control Agency ***IEuropean Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on the European Fisheries Control Agency (codification) (COM(2018)0499 — C8-0313/2018 — 2018/0263(COD))P8_TC1-COD(2018)0263Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council on the European Fisheries Control Agency (codification)

316

2020/C 449/40

Decision of the European Parliament of 13 February 2019 referring the matter to the committee responsible for interinstitutional negotiations on the basis of the unamended proposal for a decision of the European Parliament and of the Council on computerising the movement and surveillance of excise goods (recast) (COM(2018)0341 — C8-0215/2018 — 2018/0187(COD))

317

2020/C 449/41

P8_TA(2019)0086Law applicable to the third-party effects of assignments of claims ***IEuropean Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on the law applicable to the third party effects of assignments of claims (COM(2018)0096 — C8-0109/2018 — 2018/0044(COD))P8_TC1-COD(2018)0044Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on the law applicable to the third-party effects of assignments of claims

318

2020/C 449/42

P8_TA(2019)0087Exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (Pericles IV programme) ***IEuropean Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (the Pericles IV programme) (COM(2018)0369 — C8-0240/2018 — 2018/0194(COD))P8_TC1-COD(2018)0194Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (the Pericles IV programme)

329

2020/C 449/43

European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and the Republic of Singapore (07971/2018 — C8-0446/2018 — 2018/0093(NLE))

340

2020/C 449/44

European Parliament non-legislative resolution of 13 February 2019 on the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and the Republic of Singapore (07971/2018 — C8-0446/2018 — 2018/0093M(NLE))

341

2020/C 449/45

European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion on behalf of the European Union of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (07979/2018 — C8-0447/2018 — 2018/0095(NLE))

346

2020/C 449/46

European Parliament non-legislative resolution of 13 February 2019 on the draft Council decision on the conclusion on behalf of the European Union of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (07979/2018 — C8-0447/2018 — 2018/0095M(NLE))

347

2020/C 449/47

European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (15375/2018 — C8-0026/2019 — 2018/0403(NLE))

351

2020/C 449/48

European Parliament non-legislative resolution of 13 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (15375/2018 — C8-0026/2019 — 2018/0403M(NLE))

352

2020/C 449/49

European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Treaty establishing the Transport Community (13111/2018 — C8-0473/2018 — 2018/0282(NLE))

357

2020/C 449/50

Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument (COM(2018)0375 — C8-0230/2018 — 2018/0196(COD))

358

2020/C 449/51

Amendments adopted by the European Parliament on13 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Justice programme (COM(2018)0384 — C8-0235/2018 — 2018/0208(COD))

491

2020/C 449/52

European Parliament decision to raise no objections to the Commission delegated regulation of 19 December 2018 amending Annex I to Regulation (EC) No 184/2005 of the European Parliament and of the Council, as regards the geographical breakdown levels (C(2018)08872 — 2018/3002(DEA))

530

2020/C 449/53

European Parliament decision to raise no objections to the Commission delegated regulation of 19 December 2018 amending Delegated Regulation (EU) 2015/2205, Delegated Regulation (EU) 2016/592 and Delegated Regulation (EU) 2016/1178 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on the clearing obligation to extend the dates of deferred application of the clearing obligation for certain OTC derivative contracts (C(2018)09047 — 2018/2998(DEA))

531

2020/C 449/54

European Parliament decision to raise no objections to the Commission delegated regulation of 19 December 2018 amending Commission Delegated Regulation (EU) 2015/2205, Commission Delegated Regulation (EU) 2016/592 and Commission Delegated Regulation (EU) 2016/1178 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards the date at which the clearing obligation takes effect for certain types of contracts (C(2018)09122 — 2018/3004(DEA))

533

2020/C 449/55

European Parliament decision to raise no objections to the Commission delegated regulation of 19 December 2018 amending Delegated Regulation (EU) 2016/2251 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards the date until which counterparties may continue to apply their risk-management procedures for certain OTC derivative contracts not cleared by a CCP (C(2018)09118 — 2018/3003(DEA))

535

2020/C 449/56

P8_TA(2019)0103Cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters ***IEuropean Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (COM(2018)0378 — C8-0242/2018 — 2018/0203(COD))P8_TC1-COD(2018)0203Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council amending Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

537

2020/C 449/57

P8_TA(2019)0104Service in the Member States of judicial and extrajudicial documents in civil or commercial matters ***IEuropean Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (COM(2018)0379 — C8-0243/2018 — 2018/0204(COD))P8_TC1-COD(2018)0204Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council amending Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents)

545

2020/C 449/58

Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on common rules ensuring basic road freight connectivity with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union (COM(2018)0895 — C8-0511/2018 — 2018/0436(COD))

560

2020/C 449/59

Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union (COM(2018)0893 — C8-0510/2018 — 2018/0433(COD))

564

2020/C 449/60

Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on certain aspects of aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union (COM(2018)0894 — C8-0514/2018 — 2018/0434(COD))

571

2020/C 449/61

European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion of the relevant Agreements under Article XXI of the General Agreement on Trade in Services with Argentina, Australia, Brazil, Canada, China, the Separate customs territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), Columbia, Cuba, Ecuador, Hong Kong China, India, Japan, Korea, New Zealand, the Philippines, Switzerland, and the United States, on the necessary compensatory adjustments resulting from the accession of Czechia, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden to the European Union (14020/2018 — C8-0509/2018 — 2018/0384(NLE))

575

2020/C 449/62

P8_TA(2019)0109Streamlining measures for advancing the realisation of the trans-European transport network ***IEuropean Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network (COM(2018)0277 — C8-0192/2018 — 2018/0138(COD))P8_TC1-COD(2018)0138Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network

576

2020/C 449/63

Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/103/EC of the European Parliament and the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to ensure against such liability (COM(2018)0336 — C8-0211/2018 — 2018/0168(COD))

586

Thursday 14 February 2019

2020/C 449/64

P8_TA(2019)0118Mechanism to resolve legal and administrative obstacles in a cross-border context ***IEuropean Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council on a mechanism to resolve legal and administrative obstacles in a cross-border context (COM(2018)0373 — C8-0228/2018 — 2018/0198(COD))P8_TC1-COD(2018)0198Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on a mechanism to resolve legal and administrative obstacles in a cross-border context

619

2020/C 449/65

European Parliament legislative resolution of 14 February 2019 on the draft Council implementing decision approving the conclusion by Eurojust of the Agreement on Cooperation between Eurojust and Georgia (13483/2018 — C8-0484/2018 — 2018/0813(CNS))

637

2020/C 449/66

P8_TA(2019)0120Health technology assessment ***IEuropean Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council on health technology assessment and amending Directive 2011/24/EU (COM(2018)0051 — C8-0024/2018 — 2018/0018(COD))P8_TC1-COD(2018)0018Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on health technology assessment and amending Directive 2011/24/EU(Text with EEA relevance)

638

2020/C 449/67

P8_TA(2019)0121Framework for screening of foreign direct investments into the European Union ***IEuropean Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing a framework for screening of foreign direct investments into the European Union (COM(2017)0487 — C8-0309/2017 — 2017/0224(COD))P8_TC1-COD(2017)0224Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council establishing a framework for the screening of foreign direct investments into the Union

673

2020/C 449/68

P8_TA(2019)0122Interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union ***IEuropean Parliament legislative resolution of 14 February 2019 on the proposal for a Directive of the European Parliament and of the Council on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union (recast) (COM(2017)0280 — C8-0173/2017 — 2017/0128(COD))P8_TC1-COD(2017)0128Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Directive (EU) 2019/... of the European Parliament and of the Council on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union (recast)

676

2020/C 449/69

P8_TA(2019)0123Mutual recognition of goods lawfully marketed in another Member State ***IEuropean Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council on the mutual recognition of goods lawfully marketed in another Member State (COM(2017)0796 — C8-0005/2018 — 2017/0354(COD))P8_TC1-COD(2017)0354Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008

678

2020/C 449/70

P8_TA(2019)0124Charges on cross-border payments in the Union and currency conversion charges ***IEuropean Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 924/2009 as regards certain charges on cross-border payments in the Union and currency conversion charges (COM(2018)0163 — C8-0129/2018 — 2018/0076(COD))P8_TC1-COD(2018)0076Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council amending Regulation (EC) No 924/2009 as regards certain charges on cross-border payments in the Union and currency conversion charges

679

2020/C 449/71

P8_TA(2019)0125Common rules for access to the international market for coach and bus services ***IEuropean Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services (COM(2017)0647 — C8-0396/2017 — 2017/0288(COD))P8_TC1-COD(2017)0288Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council amending Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services(Text with EEA relevance)

680

2020/C 449/72

P8_TA(2019)0126Amending Directive 2012/27/EU on energy efficiency and Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action, by reason of the withdrawal of the United Kingdom from the European Union ***IEuropean Parliament legislative resolution of 14 February 2019 on the proposal for a decision of the European Parliament and of the Council on adapting Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency [as amended by Directive 2018/XXX/EU] and Regulation (EU) 2018/XXX of the European Parliament and of the Council [Governance of the Energy Union], by reason of the withdrawal of the United Kingdom from the European Union (COM(2018)0744 — C8-0482/2018 — 2018/0385(COD))P8_TC1-COD(2018)0385Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Decision (EU) 2019/... of the European Parliament and of the Council on amending Directive 2012/27/EU on energy efficiency and Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action, by reason of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union

694

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| Key to symbols used






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

Key to symbols used

*

Consultation procedure

***

Consent procedure

***I

Ordinary legislative procedure: first reading

***II

Ordinary legislative procedure: second reading

***III

Ordinary legislative procedure: third reading

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

Amendments by Parliament:

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

bold italics

bold italics

| EN | |
| --- | --- |

EN

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23.12.2020

| 23.12.2020 | EN | Official Journal of the European Union | C 449/1 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

C 449/1

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EUROPEAN PARLIAMENT

2018-2019 SESSION

Sittings of 11 to 14 February 2019

The Minutes of this session have been published in OJ C 396, 20.11.2020.

TEXTS ADOPTED

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I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 12 February 2019

| 23.12.2020 | EN | Official Journal of the European Union | C 449/2 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/2

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P8_TA(2019)0075

Roma integration strategies

European Parliament resolution of 12 February 2019 on the need for a strengthened post-2020 Strategic EU Framework for National Roma Inclusion Strategies and stepping up the fight against anti-Gypsyism (2019/2509(RSP))

(2020/C 449/01)

The European Parliament,

| — | having regard to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union, |
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having regard to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Union,

| — | having regard to the Commission communication of 5 April 2011 entitled ‘An EU Framework for Roma integration strategies up to 2020’ (COM(2011)0173) and to the subsequent implementation and evaluation reports, |
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having regard to the Commission communication of 5 April 2011 entitled ‘An EU Framework for Roma integration strategies up to 2020’ (COM(2011)0173) and to the subsequent implementation and evaluation reports,

| — | having regard to the Universal Declaration of Human Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms, |
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having regard to the Universal Declaration of Human Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms,

| — | having regard to the case-law of the European Court of Human Rights regarding the recognition of Roma as a group needing special protection against discrimination, |
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having regard to the case-law of the European Court of Human Rights regarding the recognition of Roma as a group needing special protection against discrimination,

| — | having regard to the Council of Europe Parliamentary Assembly Resolution 2153 (2017) on ‘Promoting the inclusion of Roma and Travellers’, |
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having regard to the Council of Europe Parliamentary Assembly Resolution 2153 (2017) on ‘Promoting the inclusion of Roma and Travellers’,

| — | having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (1), |
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having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (1),

| — | having regard to the Council recommendation of 9 December 2013 on effective Roma integration measures in the Member States (2), and to the Council conclusions of 8 December 2016 on accelerating the process of Roma integration and of 13 October 2016 on the European Court of Auditors Special Report No 14/2016, |
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having regard to the Council recommendation of 9 December 2013 on effective Roma integration measures in the Member States (2), and to the Council conclusions of 8 December 2016 on accelerating the process of Roma integration and of 13 October 2016 on the European Court of Auditors Special Report No 14/2016,

| — | having regard to the Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law (3), |
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having regard to the Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law (3),

| — | having regard to its resolution of 25 October 2017 on fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism (4), |
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having regard to its resolution of 25 October 2017 on fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism (4),

| — | having regard to its resolution of 15 April 2015 on International Roma Day — anti-Gypsyism in Europe and EU recognition of the memorial day of the Roma genocide during World War II (5), |
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having regard to its resolution of 15 April 2015 on International Roma Day — anti-Gypsyism in Europe and EU recognition of the memorial day of the Roma genocide during World War II (5),

| — | having regard to the Fundamental Rights Report 2016 by the European Union Agency for Fundamental Rights (FRA), and to the FRA’s EU-MIDIS I and II surveys and various other surveys and reports on Roma, |
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having regard to the Fundamental Rights Report 2016 by the European Union Agency for Fundamental Rights (FRA), and to the FRA’s EU-MIDIS I and II surveys and various other surveys and reports on Roma,

| — | having regard to the European Citizens’ Initiative ‘Minority SafePack’, registered on 3 April 2017, |
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having regard to the European Citizens’ Initiative ‘Minority SafePack’, registered on 3 April 2017,

| — | having regard to the relevant reports and recommendations of Roma civil society, NGOs and research institutions, |
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having regard to the relevant reports and recommendations of Roma civil society, NGOs and research institutions,

| — | having regard to Rule 123(2) of its Rules of Procedure, |
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having regard to Rule 123(2) of its Rules of Procedure,

| A. | whereas anti-Gypsyism (6) is a specific form of racism, an ideology founded on racial superiority, a form of dehumanisation and institutional racism nurtured by historical discrimination, which is expressed, among others, by violence, hate speech, exploitation, stigmatisation and the most blatant kind of discrimination (7); |
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A.

whereas anti-Gypsyism (6) is a specific form of racism, an ideology founded on racial superiority, a form of dehumanisation and institutional racism nurtured by historical discrimination, which is expressed, among others, by violence, hate speech, exploitation, stigmatisation and the most blatant kind of discrimination (7);

| B. | whereas Roma (8) are still being deprived of their basic human rights in Europe; |
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B.

whereas Roma (8) are still being deprived of their basic human rights in Europe;

| C. | whereas the findings of the Commission Report on the evaluation of the EU Framework for National Roma Integration Strategies up to 2020 (COM(2018)0785) underline that ‘the framework has been key for the development of EU and national instruments and structures aiming to promote Roma inclusion, but the ambition of putting an end to the exclusion of Roma has not been achieved’; |
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C.

whereas the findings of the Commission Report on the evaluation of the EU Framework for National Roma Integration Strategies up to 2020 (COM(2018)0785) underline that ‘the framework has been key for the development of EU and national instruments and structures aiming to promote Roma inclusion, but the ambition of putting an end to the exclusion of Roma has not been achieved’;

| D. | whereas the evaluation carried out by the Commission shows that inclusion strategies must address the different goals simultaneously and in a comprehensive approach with a stronger focus on the fight against anti-Gypsyism; whereas a specific non-discrimination goal along with goals on inclusion of Roma should be added alongside the four Roma inclusion goals (education, housing, employment and health); |
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D.

whereas the evaluation carried out by the Commission shows that inclusion strategies must address the different goals simultaneously and in a comprehensive approach with a stronger focus on the fight against anti-Gypsyism; whereas a specific non-discrimination goal along with goals on inclusion of Roma should be added alongside the four Roma inclusion goals (education, housing, employment and health);

| E. | whereas the progress achieved in the inclusion of Roma is limited overall; whereas improvements were observed in early school-leaving and early childhood education, but there was deterioration in school segregation; whereas there was an improvement in the self-perceived health status of Roma but they continue to have limited medical coverage; whereas in most Member States no improvement was observed in access to employment, and the share of young Roma not in employment, education or training even increased; whereas there are serious concerns relating to housing and only little progress has been made regarding poverty; whereas anti-Gypsyism and its manifestations, such as hate crime and hate speech — online and offline — continue to raise serious concerns; whereas EU action was considered to provide important added value to national Roma policies and their implementation through political, governance and financial areas; |
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E.

whereas the progress achieved in the inclusion of Roma is limited overall; whereas improvements were observed in early school-leaving and early childhood education, but there was deterioration in school segregation; whereas there was an improvement in the self-perceived health status of Roma but they continue to have limited medical coverage; whereas in most Member States no improvement was observed in access to employment, and the share of young Roma not in employment, education or training even increased; whereas there are serious concerns relating to housing and only little progress has been made regarding poverty; whereas anti-Gypsyism and its manifestations, such as hate crime and hate speech — online and offline — continue to raise serious concerns; whereas EU action was considered to provide important added value to national Roma policies and their implementation through political, governance and financial areas;

| F. | whereas the evaluation reports the shortcomings in the initial design of the framework and its limited effectiveness during implementation; |
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F.

whereas the evaluation reports the shortcomings in the initial design of the framework and its limited effectiveness during implementation;

| G. | whereas the evaluation sheds light on the fact that there is a need to ensure Roma empowerment and participation through dedicated measures; whereas that empowerment and capacity-building of Roma and NGOs are key; |
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G.

whereas the evaluation sheds light on the fact that there is a need to ensure Roma empowerment and participation through dedicated measures; whereas that empowerment and capacity-building of Roma and NGOs are key;

| H. | whereas the evaluation shows that the EU framework did not pay sufficient attention to targeting specific groups among Roma, that multiple and intersectional discrimination have to be addressed and that there is a need for a strong gender dimension and a child-centered approach in the strategies; |
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H.

whereas the evaluation shows that the EU framework did not pay sufficient attention to targeting specific groups among Roma, that multiple and intersectional discrimination have to be addressed and that there is a need for a strong gender dimension and a child-centered approach in the strategies;

| I. | whereas the current EU framework lacks clear objectives and measurable targets; whereas there are insufficient qualitative and quantitative monitoring procedures, while country-specific recommendations are not binding; whereas insufficient effort is being made to address the limited participation of Roma individuals and communities in the framework’s design, implementation, monitoring and evaluation of measures, programmes and projects regarding Roma; |
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I.

whereas the current EU framework lacks clear objectives and measurable targets; whereas there are insufficient qualitative and quantitative monitoring procedures, while country-specific recommendations are not binding; whereas insufficient effort is being made to address the limited participation of Roma individuals and communities in the framework’s design, implementation, monitoring and evaluation of measures, programmes and projects regarding Roma;

| J. | whereas most mainstream programmes are not inclusive of Roma, and whereas targeted actions covered by the Structural Funds failed to make sustainable positive changes in the lives of the most disadvantaged Roma; |
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J.

whereas most mainstream programmes are not inclusive of Roma, and whereas targeted actions covered by the Structural Funds failed to make sustainable positive changes in the lives of the most disadvantaged Roma;

| K. | whereas Member States have a clear responsibility to take corrective measures against practices that discriminate against Roma; |
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K.

whereas Member States have a clear responsibility to take corrective measures against practices that discriminate against Roma;

| L. | whereas the issue of building trust between Roma and non-Roma is vital for improving the lives and life chances of Roma; whereas trust is essential for society as a whole; |
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L.

whereas the issue of building trust between Roma and non-Roma is vital for improving the lives and life chances of Roma; whereas trust is essential for society as a whole;

| 1. | Reiterates its position, calls and recommendations put forward and adopted in its resolution of 25 October 2017 on fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism; regrets that limited action has been taken on the recommendations put forward in this resolution; |
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1.

| 2. | Calls on the Commission:






  i. | to act on the calls made by Parliament, the Council and numerous NGOs and experts and propose a Strategic EU Framework on National Roma Inclusion Strategies for the post-2020 period with a wider set of priority areas, clear and binding targets, timelines and indicators for monitoring and addressing the specific challenges and reflecting the diversity of Roma communities, and allocating substantial public funds to this end; |
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2.

i.

to act on the calls made by Parliament, the Council and numerous NGOs and experts and propose a Strategic EU Framework on National Roma Inclusion Strategies for the post-2020 period with a wider set of priority areas, clear and binding targets, timelines and indicators for monitoring and addressing the specific challenges and reflecting the diversity of Roma communities, and allocating substantial public funds to this end;

| ii. | to sufficiently involve Roma representatives, NGOs and the European Network of Equality Bodies (Equinet) in the design of the Strategic EU Framework, including through a visible and accessible consultation procedure, and to enable their meaningful participation in the implementation, monitoring and evaluation of it, thus strengthening their ownership; |
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ii.

to sufficiently involve Roma representatives, NGOs and the European Network of Equality Bodies (Equinet) in the design of the Strategic EU Framework, including through a visible and accessible consultation procedure, and to enable their meaningful participation in the implementation, monitoring and evaluation of it, thus strengthening their ownership;

| iii. | to place the fight against anti-Gypsyism at the heart of the Strategic EU Framework, including by adding a specific anti-discrimination goal, along with other goals, such as inclusion of Roma in an environmentally sustainable, digital society, and their equitable representation in all spheres of life, and to encourage Member States to develop targeted strategies and concrete actions to fight anti-Gypsyism, in addition to one of its manifestations, social and economic exclusion; |
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iii.

to place the fight against anti-Gypsyism at the heart of the Strategic EU Framework, including by adding a specific anti-discrimination goal, along with other goals, such as inclusion of Roma in an environmentally sustainable, digital society, and their equitable representation in all spheres of life, and to encourage Member States to develop targeted strategies and concrete actions to fight anti-Gypsyism, in addition to one of its manifestations, social and economic exclusion;

| iv. | to ensure that multiple and intersectional discrimination, gender mainstreaming and a child-sensitive approach are properly addressed in the Strategic EU Framework; |
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iv.

to ensure that multiple and intersectional discrimination, gender mainstreaming and a child-sensitive approach are properly addressed in the Strategic EU Framework;

| v. | to ensure that it allocates adequate human and financial resources in order to have the necessary capacities to monitor, support and provide guidance concerning the implementation of the National Roma Inclusion Strategies, including guidance to the National Roma Contact Points (NRCPs); |
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v.

to ensure that it allocates adequate human and financial resources in order to have the necessary capacities to monitor, support and provide guidance concerning the implementation of the National Roma Inclusion Strategies, including guidance to the National Roma Contact Points (NRCPs);

| vi. | to strengthen the Fundamental Rights Agency (FRA) in terms of its mandate, institutional capacity, human resources and budget in order to enable it to help the design, implementation, monitoring and evaluation of the National Roma Inclusion Strategies; |
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vi.

to strengthen the Fundamental Rights Agency (FRA) in terms of its mandate, institutional capacity, human resources and budget in order to enable it to help the design, implementation, monitoring and evaluation of the National Roma Inclusion Strategies;

| vii. | to adopt a workforce diversity and inclusion strategy for Roma participation in the workforce of the EU institutions; |
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vii.

to adopt a workforce diversity and inclusion strategy for Roma participation in the workforce of the EU institutions;

| viii. | to pay attention to specific groups within the Roma population in the Strategic EU Framework, such as EU Roma exercising their right to freedom of movement, non-EU nationals and Roma in accession countries; |
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viii.

to pay attention to specific groups within the Roma population in the Strategic EU Framework, such as EU Roma exercising their right to freedom of movement, non-EU nationals and Roma in accession countries;

| ix. | to include a truth, recognition and reconciliation process in the Strategic EU Framework for the sake of trust-building, and to highlight concrete cultural and structural measures and initiatives, supported by EU funds; |
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ix.

to include a truth, recognition and reconciliation process in the Strategic EU Framework for the sake of trust-building, and to highlight concrete cultural and structural measures and initiatives, supported by EU funds;

| x. | to continue to check the inclusiveness of the mainstream public policies of the Member States under the European Semester within the framework of the Europe 2020 strategy, and to maintain a strong link between inclusive structural reforms, the delivery of Roma inclusion goals and the use of EU funding in the Member States; |
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x.

to continue to check the inclusiveness of the mainstream public policies of the Member States under the European Semester within the framework of the Europe 2020 strategy, and to maintain a strong link between inclusive structural reforms, the delivery of Roma inclusion goals and the use of EU funding in the Member States;

| 3. | Calls on the Member States:






  i. | to prepare their Strategic National Roma Inclusion Strategies for the post-2020 period with a wide set of priority areas, clear and binding targets, timelines and indicators for monitoring and addressing the specific challenges and reflecting the diversity of their Roma communities, and to allocate substantial public funds to this end; |
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3.

i.

to prepare their Strategic National Roma Inclusion Strategies for the post-2020 period with a wide set of priority areas, clear and binding targets, timelines and indicators for monitoring and addressing the specific challenges and reflecting the diversity of their Roma communities, and to allocate substantial public funds to this end;

| ii. | to follow a bottom-up approach and involve Roma representatives, communities, NGOs and equality bodies in the design of their Strategic National Roma Inclusion Strategies (Strategies), and to enable their meaningful participation in the implementation, monitoring and evaluation of these Strategies; |
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ii.

to follow a bottom-up approach and involve Roma representatives, communities, NGOs and equality bodies in the design of their Strategic National Roma Inclusion Strategies (Strategies), and to enable their meaningful participation in the implementation, monitoring and evaluation of these Strategies;

| iii. | to place the fight against anti-Gypsyism at the heart of their Strategies, in addition to one of the manifestations of anti-Gypsyism, social and economic exclusion; to develop targeted strategies and concrete actions to fight anti-Gypsyism, such as investigating current and past racist attacks against Roma; and to encourage equitable representation of Roma in all spheres of life, including in media, public institutions and political bodies; |
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iii.

to place the fight against anti-Gypsyism at the heart of their Strategies, in addition to one of the manifestations of anti-Gypsyism, social and economic exclusion; to develop targeted strategies and concrete actions to fight anti-Gypsyism, such as investigating current and past racist attacks against Roma; and to encourage equitable representation of Roma in all spheres of life, including in media, public institutions and political bodies;

| iv. | to ensure that multiple and intersectional discrimination, gender mainstreaming and a child-sensitive approach are properly addressed in their Strategies; |
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iv.

to ensure that multiple and intersectional discrimination, gender mainstreaming and a child-sensitive approach are properly addressed in their Strategies;

| v. | to explicitly consider children as a priority when programming and implementing their Strategic National Roma integration strategies; reiterates the importance of protecting and promoting equal access to all rights for Roma children; |
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v.

to explicitly consider children as a priority when programming and implementing their Strategic National Roma integration strategies; reiterates the importance of protecting and promoting equal access to all rights for Roma children;

| vi. | to strengthen the NRCPs in terms of their mandate, institutional capacity, human resources and budget and to ensure appropriate positioning of NRCPs within the structure of their public administrations in order to enable them to carry out their work through effective cross-sectoral coordination; |
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vi.

to strengthen the NRCPs in terms of their mandate, institutional capacity, human resources and budget and to ensure appropriate positioning of NRCPs within the structure of their public administrations in order to enable them to carry out their work through effective cross-sectoral coordination;

| vii. | to pay attention to specific groups within the Roma population in their Strategies, such as EU Roma exercising their right to freedom of movement, and non-EU nationals, including Roma from accession countries; |
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vii.

to pay attention to specific groups within the Roma population in their Strategies, such as EU Roma exercising their right to freedom of movement, and non-EU nationals, including Roma from accession countries;

| viii. | to include a truth, recognition and reconciliation process in their Strategies for the sake of trust-building and to highlight concrete cultural and structural measures and initiatives supported by public funds; |
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viii.

to include a truth, recognition and reconciliation process in their Strategies for the sake of trust-building and to highlight concrete cultural and structural measures and initiatives supported by public funds;

| ix. | to ensure and safeguard the effective inclusiveness of their mainstream public policies, to utilise the available EU Structural Funds to improve the living conditions and life chances of Roma in a transparent and accountable manner; to investigate the current and past misuse of relevant funds and take legal action against the perpetrators; to take the necessary steps to secure the absorption of all the funds targeting Roma communities, including by the end of the current MFF; |
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ix.

to ensure and safeguard the effective inclusiveness of their mainstream public policies, to utilise the available EU Structural Funds to improve the living conditions and life chances of Roma in a transparent and accountable manner; to investigate the current and past misuse of relevant funds and take legal action against the perpetrators; to take the necessary steps to secure the absorption of all the funds targeting Roma communities, including by the end of the current MFF;

| 4. | Instructs its President to forward this resolution to the Commission, the Council, the governments and parliaments of the Member States and candidate countries, the EU Agency for Fundamental Rights, the Organisation for Security and Cooperation in Europe, the Committee of the Regions, for distribution to subnational parliaments and councils, the Council of Europe, and the United Nations. |
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4.

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(1)  OJ L 180, 19.7.2000, p. 22.

(2)  OJ C 378, 24.12.2013, p. 1.

(3)  OJ L 328, 6.12.2008, p. 55.

(4)  OJ C 346, 27.9.2018, p. 171.

(5)  OJ C 328, 6.9.2016, p. 4.

(6)  Anti-Gypsyism is sometimes spelt differently, and in the various Member States it is sometimes referred to by a slightly different term, such as Antiziganismus.

(7)  ECRI’s General Policy Recommendation No. 13 on Combating Anti-Gypsyism and Discrimination against Roma.

(8)  The word ‘Roma’ is used as an umbrella term which includes different related groups throughout Europe, whether sedentary or not, such as Roma, Travellers, Sinti, Manouches, Kalés, Romanichels, Boyash, Ashkalis, Égyptiens, Yéniches, Doms and Loms, that may be diverse in culture and lifestyles.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/6 |
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23.12.2020

EN

Official Journal of the European Union

C 449/6

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P8_TA(2019)0076

Implementation of the Treaty provisions related to EU Citizenship

European Parliament resolution of 12 February 2019 on the implementation of the Treaty provisions related to EU citizenship (2018/2111(INI))

(2020/C 449/02)

The European Parliament,

| — | having regard to Articles 2, 3, 6, 9, 10, 11, 12, 21, 23 of the Treaty on European Union (TEU), and to Articles 8, 9, 10, 15, 18, 20, 21, 22, 23, 24, 26, 45, 46, 47, 48, 153, 165 of the Treaty on the Functioning of the European Union (TFEU), |
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having regard to Articles 2, 3, 6, 9, 10, 11, 12, 21, 23 of the Treaty on European Union (TEU), and to Articles 8, 9, 10, 15, 18, 20, 21, 22, 23, 24, 26, 45, 46, 47, 48, 153, 165 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Articles 10 and 11 TEU, and to the statement in Article 10(3) that ‘every citizen shall have the right to participate in the democratic life of the Union’, |
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having regard to Articles 10 and 11 TEU, and to the statement in Article 10(3) that ‘every citizen shall have the right to participate in the democratic life of the Union’,

| — | having regard to Article 3(2) TEU enshrining the right of free movement of persons, |
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having regard to Article 3(2) TEU enshrining the right of free movement of persons,

| — | having regard to the Charter of Fundamental Rights of the European Union, |
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having regard to the Charter of Fundamental Rights of the European Union,

| — | having regard to the Multiannual Financial Framework for the period 2020-2027, |
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having regard to the Multiannual Financial Framework for the period 2020-2027,

| — | having regard to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (1), |
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having regard to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (1),

| — | having regard to Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (2), |
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having regard to Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (2),

| — | having regard to Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme (3) for the period 2014-2020, |
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having regard to Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme (3) for the period 2014-2020,

| — | having regard to Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (4), |
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having regard to Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (4),

| — | having regard to Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (5), |
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having regard to Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (5),

| — | having regard to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (6), |
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having regard to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (6),

| — | having regard to Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (7), |
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having regard to Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (7),

| — | having regard to the proposal for a Council Directive establishing an EU Emergency Travel Document and repealing Decision 96/409/CFSP (COM(2018)0358), |
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having regard to the proposal for a Council Directive establishing an EU Emergency Travel Document and repealing Decision 96/409/CFSP (COM(2018)0358),

| — | having regard to Council Directive (EU) 2015/637 of 20 April 2015 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries and repealing Decision 95/553/EC (8), |
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having regard to Council Directive (EU) 2015/637 of 20 April 2015 on the coordination and cooperation measures to facilitate consular protection for unrepresented citizens of the Union in third countries and repealing Decision 95/553/EC (8),

| — | having regard to the Commission proposal for a Regulation of the European Parliament and of the Council establishing the Rights and Values programme (COM(2018)0383), |
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having regard to the Commission proposal for a Regulation of the European Parliament and of the Council establishing the Rights and Values programme (COM(2018)0383),

| — | having regard to the Commission communication of 2 July 2009 on guidance for better transposition and application of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (COM(2009)0313), |
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—

having regard to the Commission communication of 2 July 2009 on guidance for better transposition and application of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (COM(2009)0313),

| — | having regard to the Commission report of 24 January 2017 entitled ‘Strengthening Citizens’ Rights in a Union of Democratic Change — EU Citizenship Report 2017’ (COM(2017)0030), |
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having regard to the Commission report of 24 January 2017 entitled ‘Strengthening Citizens’ Rights in a Union of Democratic Change — EU Citizenship Report 2017’ (COM(2017)0030),

| — | having regard to the Commission recommendation of 12 September 2018 on election cooperation networks, online transparency, protection against cybersecurity incidents and fighting disinformation campaigns in the context of elections to the European Parliament (C(2018)5949), |
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having regard to the Commission recommendation of 12 September 2018 on election cooperation networks, online transparency, protection against cybersecurity incidents and fighting disinformation campaigns in the context of elections to the European Parliament (C(2018)5949),

| — | having regard to its resolution of 16 February 2017 on improving the functioning of the European Union building on the potential of the Lisbon Treaty (9), |
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having regard to its resolution of 16 February 2017 on improving the functioning of the European Union building on the potential of the Lisbon Treaty (9),

| — | having regard to its resolution of 28 October 2015 on the European Citizens’ Initiative (10) and to the proposal for a regulation of the European Parliament and of the Council on the European Citizens’ Initiative (COM(2017)0482), |
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having regard to its resolution of 28 October 2015 on the European Citizens’ Initiative (10) and to the proposal for a regulation of the European Parliament and of the Council on the European Citizens’ Initiative (COM(2017)0482),

| — | having regard to its resolution of 16 January 2014 on EU citizenship for sale (11), |
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having regard to its resolution of 16 January 2014 on EU citizenship for sale (11),

| — | having regard to its resolution of 12 April 2016 on ‘Learning EU at school’ (12), |
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having regard to its resolution of 12 April 2016 on ‘Learning EU at school’ (12),

| — | having regard to its resolution of 2 March 2017 on the implementation of Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (13), |
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—

having regard to its resolution of 2 March 2017 on the implementation of Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (13),

| — | having regard to its resolution of 15 March 2017 on obstacles to EU citizens’ freedom to move and work in the internal market (14), |
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—

having regard to its resolution of 15 March 2017 on obstacles to EU citizens’ freedom to move and work in the internal market (14),

| — | having regard to the Opinion of the Committee of the Regions of 31 January 2013 on ‘Strengthening EU citizenship promotion of EU citizens’ electoral rights’, |
| --- | --- |

—

having regard to the Opinion of the Committee of the Regions of 31 January 2013 on ‘Strengthening EU citizenship promotion of EU citizens’ electoral rights’,

| — | having regard to the studies published in 2016 by Parliament’s Policy Department C, entitled ‘Obstacles to the right of free movement and residence for EU citizens and their families’, |
| --- | --- |

—

having regard to the studies published in 2016 by Parliament’s Policy Department C, entitled ‘Obstacles to the right of free movement and residence for EU citizens and their families’,

| — | having regard to the report of 2018 by the Fundamental Rights Agency entitled ‘Making EU citizens’ rights a reality: national courts enforcing freedom of movement and related rights’, |
| --- | --- |

—

having regard to the report of 2018 by the Fundamental Rights Agency entitled ‘Making EU citizens’ rights a reality: national courts enforcing freedom of movement and related rights’,

| — | having regard to the results of Eurobarometer 89/2018, |
| --- | --- |

—

having regard to the results of Eurobarometer 89/2018,

| — | having regard to its resolution of 7 February 2018 on the composition of the European Parliament (15), |
| --- | --- |

—

having regard to its resolution of 7 February 2018 on the composition of the European Parliament (15),

| — | having regard to its position of 4 July 2018 on the draft Council decision amending the Act concerning the election of the members of the European Parliament by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20 September 1976 (the ‘Electoral Act’) (16), |
| --- | --- |

—

having regard to its position of 4 July 2018 on the draft Council decision amending the Act concerning the election of the members of the European Parliament by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20 September 1976 (the ‘Electoral Act’) (16),

| — | having regard to its decision of 7 February 2018 on the revision of the Framework Agreement on relations between the European Parliament and the European Commission (17), |
| --- | --- |

—

having regard to its decision of 7 February 2018 on the revision of the Framework Agreement on relations between the European Parliament and the European Commission (17),

| — | having regard to its resolution of 30 May 2018 on the 2021-2027 multiannual financial framework and own resources (18), |
| --- | --- |

—

having regard to its resolution of 30 May 2018 on the 2021-2027 multiannual financial framework and own resources (18),

| — | having regard to its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 — Parliament's position with a view to an agreement (19), |
| --- | --- |

—

having regard to its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 — Parliament's position with a view to an agreement (19),

| — | having regard to the Commission communication of 12 September 2018 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Securing free and fair European elections’ (COM(2018)0637), |
| --- | --- |

—

having regard to the Commission communication of 12 September 2018 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Securing free and fair European elections’ (COM(2018)0637),

| — | having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

| — | having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Civil Liberties, Justice and Home Affairs and of the Committee on Petitions (A8-0041/2019), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Civil Liberties, Justice and Home Affairs and of the Committee on Petitions (A8-0041/2019),

| A. | whereas EU citizenship and its related rights were initially introduced in 1992 by the Treaty of Maastricht and were further enhanced by the Treaty of Lisbon, which entered into force in December 2009, but have been only partially implemented; |
| --- | --- |

A.

whereas EU citizenship and its related rights were initially introduced in 1992 by the Treaty of Maastricht and were further enhanced by the Treaty of Lisbon, which entered into force in December 2009, but have been only partially implemented;

| B. | whereas the rights, values and principles on which the Union is based, which are highlighted in Articles 2 and 6 TEU, put the citizen at the very centre of the European project; whereas the debate on the future of Europe therefore also implies a reflection on the strength of our common identity; |
| --- | --- |

B.

whereas the rights, values and principles on which the Union is based, which are highlighted in Articles 2 and 6 TEU, put the citizen at the very centre of the European project; whereas the debate on the future of Europe therefore also implies a reflection on the strength of our common identity;

| C. | whereas the principles of transparency, integrity and accountability of the EU institutions and of the decision-making processes, as derived from Articles 10 and 11 TEU and Article 41 of the Charter of Fundamental Rights of the European Union, are substantive elements of the concept of citizenship and are essential for building and strengthening credibility and trust in the Union as a whole; whereas the recourse to ad hoc and intergovernmental arrangements and instruments in several EU policy areas, as well as to informal decision-making bodies, circumventing and de-institutionalising the ordinary legislative procedure, risks severely undermining such principles; |
| --- | --- |

C.

whereas the principles of transparency, integrity and accountability of the EU institutions and of the decision-making processes, as derived from Articles 10 and 11 TEU and Article 41 of the Charter of Fundamental Rights of the European Union, are substantive elements of the concept of citizenship and are essential for building and strengthening credibility and trust in the Union as a whole; whereas the recourse to ad hoc and intergovernmental arrangements and instruments in several EU policy areas, as well as to informal decision-making bodies, circumventing and de-institutionalising the ordinary legislative procedure, risks severely undermining such principles;

| D. | whereas the EU has had difficulties in facing numerous crises with important socio-economic consequences which have led to the emergence of populist and nationalist ideologies based on exclusive identities and supremacist criteria which contradict European values; |
| --- | --- |

D.

whereas the EU has had difficulties in facing numerous crises with important socio-economic consequences which have led to the emergence of populist and nationalist ideologies based on exclusive identities and supremacist criteria which contradict European values;

| E. | whereas the unsatisfactory management of the various crises has increased citizens’ disappointment in some of the results of the EU integration project; whereas it is crucial to ensure that EU citizenship is regarded as a cherished privilege among citizens, including by restoring confidence in the EU project, giving primacy to the promotion of all citizens’ rights, including civil, political and social rights among others, improving the quality of democracy within the Union, the practical enjoyment of fundamental rights and freedoms and the opportunity for every citizen to participate in the democratic life of the Union, while providing for a greater involvement of civil society in decision-making and implementation processes; |
| --- | --- |

E.

whereas the unsatisfactory management of the various crises has increased citizens’ disappointment in some of the results of the EU integration project; whereas it is crucial to ensure that EU citizenship is regarded as a cherished privilege among citizens, including by restoring confidence in the EU project, giving primacy to the promotion of all citizens’ rights, including civil, political and social rights among others, improving the quality of democracy within the Union, the practical enjoyment of fundamental rights and freedoms and the opportunity for every citizen to participate in the democratic life of the Union, while providing for a greater involvement of civil society in decision-making and implementation processes;

| F. | whereas the current revision of the ECI aims to improve its effectiveness and enhance participative democracy and active citizenship; |
| --- | --- |

F.

whereas the current revision of the ECI aims to improve its effectiveness and enhance participative democracy and active citizenship;

| G. | whereas access to EU citizenship is gained through possession of the nationality of a Member State, which is regulated by national laws; whereas at the same time, the rights and duties deriving from EU citizenship are laid down by EU law and do not depend on Member States, hence cannot be limited in an unjustified manner by them; |
| --- | --- |

G.

whereas access to EU citizenship is gained through possession of the nationality of a Member State, which is regulated by national laws; whereas at the same time, the rights and duties deriving from EU citizenship are laid down by EU law and do not depend on Member States, hence cannot be limited in an unjustified manner by them;

| H. | whereas in the context of access to national citizenship, Member States should be subject to the principles of EU law, such as proportionality, the rule of law and non-discrimination, which have been thoroughly elaborated in the case law of the Court of Justice of the European Union; |
| --- | --- |

H.

whereas in the context of access to national citizenship, Member States should be subject to the principles of EU law, such as proportionality, the rule of law and non-discrimination, which have been thoroughly elaborated in the case law of the Court of Justice of the European Union;

| I. | whereas the prospect of Brexit has highlighted the importance of EU citizenship rights, especially among young Europeans, and their role in the lives of millions of EU citizens, and has also raised awareness in the EU concerning the potential loss of such rights on both sides; |
| --- | --- |

I.

whereas the prospect of Brexit has highlighted the importance of EU citizenship rights, especially among young Europeans, and their role in the lives of millions of EU citizens, and has also raised awareness in the EU concerning the potential loss of such rights on both sides;

| J. | whereas the average turnout in the elections to the European Parliament in 2014 was 42,6 %; whereas according to the most recent Eurobarometer poll published in May 2018, only19 % of Europeans interviewed knew the date of the next European elections; |
| --- | --- |

J.

whereas the average turnout in the elections to the European Parliament in 2014 was 42,6 %; whereas according to the most recent Eurobarometer poll published in May 2018, only19 % of Europeans interviewed knew the date of the next European elections;

| K. | whereas EU citizens are almost completely unaware of the Europe Direct offices despite their main role being to provide information; |
| --- | --- |

K.

whereas EU citizens are almost completely unaware of the Europe Direct offices despite their main role being to provide information;

| L. | whereas there are over 400 Europe Direct Information Centres across the EU which contribute to the Commission’s communication on European Union policies of direct interest to citizens with the objective of engaging with citizens at local and regional level; |
| --- | --- |

L.

whereas there are over 400 Europe Direct Information Centres across the EU which contribute to the Commission’s communication on European Union policies of direct interest to citizens with the objective of engaging with citizens at local and regional level;

| M. | whereas the concept of citizenship defines the relationship of citizens with a political community, including their rights, duties, and responsibilities; whereas Article 20 TFEU give the citizens of the Union the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as nationals of that state; |
| --- | --- |

M.

whereas the concept of citizenship defines the relationship of citizens with a political community, including their rights, duties, and responsibilities; whereas Article 20 TFEU give the citizens of the Union the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as nationals of that state;

| N. | whereas European citizens are directly represented in the European Parliament and every citizen must receive equal attention from the EU institutions; whereas Article 8 TFEU establishes the principle of gender mainstreaming by stating that ‘In all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women’; |
| --- | --- |

N.

whereas European citizens are directly represented in the European Parliament and every citizen must receive equal attention from the EU institutions; whereas Article 8 TFEU establishes the principle of gender mainstreaming by stating that ‘In all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women’;

| O. | whereas the Court of Justice of the European Union (CJEU) has established in a number of cases that the rights deriving from EU citizenship can also be invoked by nationals of a Member State vis-à-vis that same state (20); |
| --- | --- |

O.

whereas the Court of Justice of the European Union (CJEU) has established in a number of cases that the rights deriving from EU citizenship can also be invoked by nationals of a Member State vis-à-vis that same state (20);

| P. | whereas several Member States offer so-called ‘golden visa programmes’ and investor schemes as means of obtaining their nationality; |
| --- | --- |

P.

whereas several Member States offer so-called ‘golden visa programmes’ and investor schemes as means of obtaining their nationality;

| Q. | whereas the freedom of movement provides EU citizens with opportunities to travel, study, work and live in other EU countries; whereas more than 16 million Europeans enjoy their right to reside in another EU country; |
| --- | --- |

Q.

whereas the freedom of movement provides EU citizens with opportunities to travel, study, work and live in other EU countries; whereas more than 16 million Europeans enjoy their right to reside in another EU country;

| R. | whereas the right to freedom of movement is central to EU citizenship and complements the other freedoms of the EU internal market; whereas young Europeans are particularly attached to the freedom of movement, which is regarded as the EU’s most positive achievement after ensuring peace in Europe; |
| --- | --- |

R.

whereas the right to freedom of movement is central to EU citizenship and complements the other freedoms of the EU internal market; whereas young Europeans are particularly attached to the freedom of movement, which is regarded as the EU’s most positive achievement after ensuring peace in Europe;

| S. | whereas the implementation of Directive 2004/38/EC has encountered practical difficulties and Europeans may still find it difficult to move to or live in another Member State owing to discrimination arising from nationality, entry and residence requirements; whereas there is considerable Court of Justice jurisprudence intended to clarify key concepts for mobile EU citizens; |
| --- | --- |

S.

whereas the implementation of Directive 2004/38/EC has encountered practical difficulties and Europeans may still find it difficult to move to or live in another Member State owing to discrimination arising from nationality, entry and residence requirements; whereas there is considerable Court of Justice jurisprudence intended to clarify key concepts for mobile EU citizens;

| T. | whereas the right to consular protection is guaranteed under Articles 20 and 23 TFEU, and EU citizens are therefore, in the territory of a third country in which their Member State of nationality is not represented, entitled to protection by any other Member State on the same conditions as nationals of that state; whereas emergencies, natural disasters or events such as terrorist attacks may affect European citizens who are from a Member State with no representation in the third country concerned; |
| --- | --- |

T.

whereas the right to consular protection is guaranteed under Articles 20 and 23 TFEU, and EU citizens are therefore, in the territory of a third country in which their Member State of nationality is not represented, entitled to protection by any other Member State on the same conditions as nationals of that state; whereas emergencies, natural disasters or events such as terrorist attacks may affect European citizens who are from a Member State with no representation in the third country concerned;

| U. | whereas the Commission has demonstrated a commitment in the EU Citizenship Report 2017 to organise an EU-wide information and awareness-raising campaign on EU citizenship in order to help citizens to better understand their rights; whereas this responsibility to better inform EU citizens of their rights and duties needs to be shared by Member States and civil society; |
| --- | --- |

U.

whereas the Commission has demonstrated a commitment in the EU Citizenship Report 2017 to organise an EU-wide information and awareness-raising campaign on EU citizenship in order to help citizens to better understand their rights; whereas this responsibility to better inform EU citizens of their rights and duties needs to be shared by Member States and civil society;

| V. | whereas, according to the Commission’s 2017 EU Citizenship Report, since 2012 a growing number of people have reported experiencing some form of discrimination; |
| --- | --- |

V.

whereas, according to the Commission’s 2017 EU Citizenship Report, since 2012 a growing number of people have reported experiencing some form of discrimination;

| W. | whereas the creation of the Schengen area and the integration of the Schengen acquis into the EU framework have greatly enhanced the freedom of movement within the EU and are one of the greatest achievements of the European integration process; |
| --- | --- |

W.

whereas the creation of the Schengen area and the integration of the Schengen acquis into the EU framework have greatly enhanced the freedom of movement within the EU and are one of the greatest achievements of the European integration process;

| X. | whereas the introduction of European citizenship is an achievement of the European project, which has yet to realise its full potential; underlines that this is a unique construction not seen anywhere else is the world; |
| --- | --- |

X.

whereas the introduction of European citizenship is an achievement of the European project, which has yet to realise its full potential; underlines that this is a unique construction not seen anywhere else is the world;

| 1. | Considers that not all the provisions concerning EU citizenship have been implemented to reach their full potential, even though this would enable the consolidation of a European identity; highlights that the creation of Union citizenship has proven that a form of citizenship which is not determined by nationality can exist and that it forms the foundation of a political area from which rights and duties derive, which are determined by the law of the European Union and not the State; calls on the Union institutions to take the necessary measures to improve the implementation, scope and effectiveness of the Treaty provisions concerning citizenship as well as of the corresponding provisions enshrined in the Charter of Fundamental Rights of the European Union; points out that European citizens are not fully aware of their rights deriving from citizenship of the Union; |
| --- | --- |

1.

| 2. | Recalls that EU citizenship is additional to citizenship of a Member State; underlines that EU citizenship enables the complementarity of multiple identities for the citizen, and that exclusive nationalism and populist ideologies undermine that capacity; is of the opinion that exercising active citizenship and encouraging civic participation is key to reinforcing the sense of belonging to a political project to foster the development of a shared sense of European identity, mutual understanding, intercultural dialogue and transnational cooperation and to building open, inclusive, cohesive and resilient societies; |
| --- | --- |

2.

| 3. | Considers that the full implementation, by the EU institutions, bodies, offices and agencies of the Charter of Fundamental Rights of the European Union and the active promotion of the rights and principles enshrined therein represent an essential lever for guaranteeing the effective involvement of citizens in the EU democratic process and to give concreteness to the provisions enshrined in Article 20 TFEU; |
| --- | --- |

3.

| 4. | Stresses that the body of rights and obligations arising from Union citizenship cannot be limited in an unjustified manner; in this regard, urges Member States to make use of their prerogative to grant citizenship in a spirit of fair cooperation, including in cases of children of EU citizens who face difficulties in satisfying the criteria for citizenship under national rules; underlines that the successful exercise of citizenship rights presupposes that all rights and freedoms enshrined in the Charter of Fundamental Rights are protected and promoted, including for people with disabilities who should be able to exercise their fundamental rights in the same way as any other citizens, and that gender mainstreaming is implemented in order to ensure the full enjoyment of the rights linked to EU citizenship by women; |
| --- | --- |

4.

| 5. | Recalls that Union citizenship also has extended implications and confers rights in the field of democratic participation as derived from Articles 10 and 11 TEU; stresses that for the exercise of the right to participate in the democratic life of the Union, decisions should be taken as openly and as closely as possible to the citizen, and that it is therefore fundamental to provide the relevant guarantees on transparency in decision-making and the fight against corruption; |
| --- | --- |

5.

| 6. | Regrets the existing opt-outs from parts of the Treaties by some Member States, which undermine and generate de facto differences in citizens’ rights that are intended to be equal under the Treaties; |
| --- | --- |

6.

| 7. | Notes that the Erasmus+ programme, the Rights, Equality and Citizenship programme, and the Europe for Citizens programme bring, for EU citizens and in particular the young, great benefits by raising their awareness of their status as EU citizens and enhancing their knowledge of the rights deriving from that status and its underlying values; takes the view that European voluntary programmes such as European Voluntary Service and the European Solidarity Corps also play an integral part in building European citizenship; underlines the paramount importance of such programmes, especially among young people, and calls for them to be financially reinforced; |
| --- | --- |

7.

Political rights

| 8. | Is concerned at the trend to decline in voter turnout in both national and European Parliament elections, especially among young people; is convinced that the strengthening of the EU public sphere and the full implementation of European citizenship have the potential to help reverse that decline by increasing citizens’ sense of belonging to a European community and boosting representative democracy; |
| --- | --- |

8.

| 9. | Acknowledges the Commission’s efforts to promote programmes fostering European citizenship and citizens’ awareness of their political rights; observes, however, the scant progress made in implementing Article 165 TFEU as a legal basis to promote the European dimension in citizens’ education; deems it essential to promote the participation of citizens in the democratic life of the EU, and believes that the development of EU curricula in educational systems should be a priority for continuing to build on the potential of EU citizenship; |
| --- | --- |

9.

| 10. | Deplores once again the fact that some EU citizens are disenfranchised in their Member State of nationality and cannot participate in national parliamentary elections in their Member State of residence; underlines that the loss of electoral rights arising from residence in another Member State could discourage citizens from moving to another Member State and therefore could constitute a potential violation of Article 18 TFEU; |
| --- | --- |

10.

| 11. | Considers that, in a system of representative democracy, it is essential to ensure the proper functioning of the EU institutions in order to protect all political rights of EU citizens; stresses the importance of the accessibility of information on EU citizenship and the rights derived from its possession in all official languages of the European Union to reinforce the notion of EU citizenship; deplores the fact that since the entry into force of the Lisbon Treaty, Article 15(3) TFEU, which became the legal base for public access to documents and which extends the rules on access to all the Union institutions, bodies, agencies and offices, has not yet been fully implemented; considers that progress in the adoption of the new regulation has been consistently obstructed by the Member States; |
| --- | --- |

11.

Freedom of movement

| 12. | Welcomes the benefits that free movement brings to EU citizens and the Member States’ economies; points out that the rights derived from Directive 2004/38/EC on the right of citizens of the Union and their families to move and reside freely within the territory of the Member States are not always known and respected, which leads to obstacles to free movement and residence for EU citizens and their families as well as to discrimination against them; recalls the obligation of the Member States to protect freedom of movement rights, including family reunification, for same-sex spouses; |
| --- | --- |

12.

| 13. | Is concerned that the interpretation of certain provisions and terms of Directive 2004/38/EC by national courts differs not only across Member States, but sometimes also within the same jurisdiction; notes with concern that national authorities are not always fully aware of the rights and obligations established under Directive 2004/38/EC; |
| --- | --- |

13.

| 14. | Underlines the problem of the absence of information or the provision of incorrect or confusing information on visa requirements for family members or on residence rights; insists that Member States should ensure the removal of unnecessary barriers to the right of entry/residence, in particular for third-country nationals who are family members of EU citizens; |
| --- | --- |

14.

| 15. | Is concerned about the difficulties encountered by citizens in getting their professional qualifications recognised across Europe; believes that the Professional Qualifications Directive and European Qualifications Framework have helped facilitate recognition among Member States; also believes that professional recognition is key to ensure a higher degree of mobility for both students and professionals; calls on the Commission to continue the trend of facilitating professional recognition as much as possible; |
| --- | --- |

15.

| 16. | Is deeply concerned about the findings of the research carried out by the European Union Agency for Fundamental Rights, which has identified discrimination in finding employment, in accessing various services such as renting a car or an apartment or certain banking services, and in the fields of education and taxation; emphasises that discrimination on the grounds of nationality may create barriers to the free movement of Union citizens; calls for the EU and the Member States to pay particular attention to monitoring such cases of discrimination and to take decisive actions to prevent them; |
| --- | --- |

16.

| 17. | Underlines the role of mobility in the personal development of young people by enhancing learning and cultural exchanges and improving understanding of active citizenship and its practice; encourages the Member States to support EU programmes promoting mobility; |
| --- | --- |

17.

| 18. | Values the importance of culture, art and science as integral aspects of active EU citizenship; stresses their role in strengthening citizens’ shared sense of belonging to the Union, boosting mutual understanding and stimulating intercultural dialogue; |
| --- | --- |

18.

Consular protection

| 19. | Notes that almost seven million EU citizens currently live in countries outside the EU, and that this number is expected to increase to at least 10 million by 2020; |
| --- | --- |

19.

| 20. | Considers that the right to consular protection benefits all EU citizens, and recalls that Council Directive (EU) 2015/637 interprets consular protection in the widest possible sense, i.e. as any kind of consular assistance; stresses that awareness of those rights remains limited; |
| --- | --- |

20.

| 21. | Calls on the Commission to publish an assessment of the implementation of Council Directive (EU) 2015/637 and to launch infringement proceedings where applicable; calls on the Member States to develop emergency protocols, taking unrepresented citizens into account, in order to improve communications in emergency situations in coordination with other Member States’ representations and EU delegations; recalls its long-standing call for reinforcement of the role of the EU delegations in third countries and highlights the added value provided by the EU diplomatic network present on the ground; |
| --- | --- |

21.

Petition to the European Parliament and complaint to the European Ombudsman

| 22. | Stresses the importance of the right to petition, as established by Articles 227 TFEU and 44 of the Charter of Fundamental Rights respectively, and the right to refer to the Ombudsman enshrined in Articles 228 TFEU and 43 of the Charter of Fundamental Rights; commends the work of the European Ombudsman in combating maladministration in the Union institutions, bodies and agencies, and in particular in the field of transparency; stresses the importance of transparency for proper democratic functioning and participation within the Union that generates trust among its citizens; endorses in this regard the recommendations by the Ombudsman in her recent Special Report on the transparency of the Council legislative process; |
| --- | --- |

22.

Recommendations

| 23. | Recommends that the Commission exercise its prerogatives under Article 258 TFEU to ask the CJEU to decide if disenfranchisement due to residence in another EU Member State should be considered to be a violation of freedom of movement and residence; calls again on Member States to implement the Venice Commission’s Code of Good Practice in Electoral Matters, including the abolition of disenfranchisement of expatriates in elections to national parliaments; |
| --- | --- |

23.

| 24. | Suggests that the Commission, through the procedure established in Article 25 TFEU, extend the rights listed in Article 20(2) TFEU in order to allow EU citizens to choose whether to vote in their Member State of nationality or of residence and that this be extended to include all elections, in line with the constitutional possibilities of each Member State; |
| --- | --- |

24.

| 25. | Calls on the Member States to introduce e-democracy tools at local and national level, and properly integrate them in the political process, facilitating democratic participation for both citizens and residents; |
| --- | --- |

25.

| 26. | Considers that the revision of the legal framework governing the European Citizens’ Initiative (ECI) presents an opportunity to enhance citizens’ participation in EU policy making by rendering the instrument less bureaucratic and more accessible; |
| --- | --- |

26.

| 27. | Calls on the Commission to develop more robust practices as regards the political and legal follow-up given to successful ECIs; |
| --- | --- |

27.

| 28. | Insists on more resources being invested in and on the creation of additional programmes and initiatives which aim to foster a European public space where the enjoyment of fundamental rights and freedoms, social welfare and the fulfilment of European values become the model for citizens’ identity; welcomes the Rights and Values Programme as a valuable example of the Union’s active support for its values and rights deriving from EU citizenship and enshrined in the Treaties, including by means of supporting civil society organisations which promote and protect these rights and values; stresses the importance of preserving the current budget for the Rights and Values Programme; firmly opposes its downsizing in the new multiannual financial framework for 2021-2027 as proposed by the Commission; |
| --- | --- |

28.

| 29. | Strongly encourages the European political parties and their party members to ensure a gender-balanced representation of candidates by means of zipped lists or other equivalent methods; |
| --- | --- |

29.

| 30. | Proposes to increase significantly the visibility of Europe Direct offices; underlines that these offices should operate as intermediators cooperating with public administrations in the Member States and civil society (including trade unions, business associations and public and private bodies) to actively inform European citizens about their rights and obligations, and to foster the participation of citizens at local level in the democratic life of the European Union; encourages Member States and entities at regional and local level to actively cooperate with these offices; underlines that these offices should synergise with programmes such as Europe for Citizens; asks the Commission to ensure that these offices centralise the relevant information which enables EU citizens to exercise their rights, and to facilitate the exercise of EU citizenship rights; believes that the SOLVIT service should be further streamlined to act more effectively in the protection of EU citizens’ rights before the latter seek any judicial or administrative remedy; |
| --- | --- |

30.

| 31. | Along these lines, calls on the Commission to come forward with a proposal enhancing both the role of Europe Direct offices, as well as the exercise of EU citizenship building on the rights conferred on workers in the application of the Directive 2014/54/EU, including the rights of EU citizens to protection from discrimination, the exercise of their voting rights under Article 22 TFEU, and their free movement rights under Article 21 TFEU and Directive 2004/38/EC, and the right to freedom of movement enjoyed by the members of their families; |
| --- | --- |

31.

| 32. | Calls on the Commission to act systematically on Member States’ breaches of Directive 2004/38/EC, and asks for revamped EU guidance for applying and interpreting legislation affecting EU citizens in order to include the recent developments from the CJEU, thus ensuring that EU law is fully effective; |
| --- | --- |

32.

| 33. | Calls for the consistent implementation of gender mainstreaming in all EU activities, in particular when adopting legislation or implementing policies linked to EU citizenship; |
| --- | --- |

33.

| 34. | Recalls that Parliament, since 2014 and on various occasions, has expressed its concern that any national scheme that involves the direct or indirect sale of EU citizenship undermines the very concept of European citizenship; asks the Commission to monitor such schemes and to produce a report on national schemes granting EU citizenship to investors, as foreseen in the 2017 Citizenship report; |
| --- | --- |

34.

| 35. | Regrets that the Commission’s 2017 Citizenship report makes no reference to the Charter of Fundamental Rights of the European Union, the right of petition, the right to refer to the European Ombudsman, the right to access documents or the right to support an ECI; calls on the Commission to pay full attention to the provisions of the Charter and address those shortcomings in the next evaluation; |
| --- | --- |

35.

| 36. | Underlines that a growing number of European citizens have suffered terrorist attacks in a country that is not their own, and therefore urgently calls for the establishment of protocols in the Member States to help non-national Europeans in the event of a terrorist attack, in line with Directive (EU) 2017/541 on combating terrorism; |
| --- | --- |

36.

| 37. | Proposes to the Member States that they establish a European public holiday on 9 May in order to reinforce a European feeling of belonging and create space for civic movements and activities; |
| --- | --- |

37.

| 38. | Reiterates its call on the Commission to come forward with a proposal for the implementation of Parliament’s recommendations on an EU mechanism on democracy, the rule of law and fundamental rights; |
| --- | --- |

38.

| 39. | Strongly believes that the principle of non-discrimination is a cornerstone of European citizenship and both a general principle and a fundamental value of EU law according to Article 2 TEU; urges the Council to conclude the adoption of the horizontal EU Anti-discrimination Directive, in order to further guarantee fundamental rights within the Union by means of the adoption of concrete EU legislation which would fully implement Articles 18 and 19 TFEU in a horizontal approach; regrets the fact that the Anti-discrimination Directive still remains blocked by the Council, a decade after the publication of the Commission proposal; |
| --- | --- |

39.

| 40. | Recalls the obligation laid down in the Treaties to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR); calls on the Commission to take the necessary steps to finalise the Union’s accession to the ECHR, and for accession to the European Social Charter; |
| --- | --- |

40.

| 41. | Emphasises that quality civic education for all ages (formal and informal) is crucial for the confident exercise of citizens’ democratic rights and the proper functioning of a democratic society; notes that only continuous educational effort can ensure increased participation in elections at the European level and enhance intercultural understanding and solidarity in Europe, as well as overcoming discrimination, prejudice, and gender inequality; recommends the use of Articles 165, 166 and 167 TFUE as a legal basis for exploring the potential of education, vocational training and youth policies; |
| --- | --- |

41.

| 42. | Recalls the contribution of political parties at European level to ‘forming European political awareness and to expressing the will of the citizens of the Union’ (Article 10 (4) TEU); calls, therefore, for individual citizens of the EU to be given the opportunity to apply directly for membership in political parties at European level; |
| --- | --- |

42.

| 43. | Recalls the need to promote the European dimension of the European parliamentary elections with view to contributing to Parliament’s potential future work by exercising its right of legislative initiative under Article 225 TFUE; calls on the Commission and the Member States to strengthen their efforts to promote citizens’ rights among European citizens, including those related to voting rights; underlines that better and more focused information on European policies and on the impact of EU legislation on citizens’ daily lives would improve the turnout in the European elections; recalls the need to promote participation in the European elections by increasing the visibility of European political parties; reiterates that promoting participation in the European elections is a shared responsibility of citizens, Member States and the EU; emphasises the need to inform citizens about the recent reform of the electoral law and the Spitzenkandidat process; underlines the political importance and symbolism of this figure in terms of reinforcing EU citizenship; |
| --- | --- |

43.

| 44. | Recalls that the European Parliament is the parliament of the whole Union, and that it plays an essential role in ensuring the legitimacy of the EU political institutions through making them accountable by ensuring proper parliamentary scrutiny; insists therefore that Parliament’s legislative powers and control rights must be guaranteed, consolidated and strengthened; |
| --- | --- |

44.

| 45. | Recalls the Commission guidance on the application of Union data protection law in the electoral context and its communication of 12 September 2018 on securing free and fair elections in Europe (COM(2018)0637); calls for every effort to be made in order to ensure elections free from any abusive interference; underlines the need for a defined EU policy to tackle anti-European propaganda and targeted misinformation; |
| --- | --- |

45.

| 46. | Encourages the Commission to step up the promotion of democratic participation by intensifying its dialogue with citizens, enhancing citizens’ understanding of the role of EU legislation in their daily lives, and underlining their right to vote in and stand for election at local, national and European level; |
| --- | --- |

46.

| 47. | Invites the Commission to exploit, in this regard, social media and digital tools with a special emphasis on increasing the participation of young people and persons with disabilities; calls for the development and implementation of e-democracy tools, such as online platforms, to involve citizens more directly in EU democratic life, thus fostering their engagement; |
| --- | --- |

47.

| 48. | Supports the production and dissemination of press and multimedia materials in all official EU languages that focus on enhancing EU citizens’ awareness of their rights and strengthening their ability to enforce these rights effectively in each Member State; |
| --- | --- |

48.

| 49. | Considers that, given the increasing impact of social media on the lives of citizens, the European institutions should continue to develop new mechanisms and public policies that are designed to protect the fundamental rights of individuals in the digital environment; stresses the need for secure, fair and transparent sharing of citizens’ data; stresses that free media and access to a plurality of opinions are an indispensable part of a healthy democracy and that media literacy is crucial and should be developed at an early age; |
| --- | --- |

49.

| 50. | Encourages the use of Article 25 TFEU to take measures that could facilitate the exercise of European citizenship on a daily basis; |
| --- | --- |

50.

| 51. | Asks the Commission, under Article 25 TFEU, to take into account the development of the rights of EU citizenship in secondary legislation and jurisprudence in the next Citizenship report, and to propose a roadmap to bundle together all these advances to formally take account of the development of the Union in this area; |
| --- | --- |

51.

| 52. | Underlines that the final objective of this exercise, following the procedure of Article 25 TFEU, would be to take concrete initiatives towards the consolidation of citizen-specific rights and freedoms under an EU Statute of Citizenship, similar to the European Pillar of Social Rights, including the fundamental rights and freedoms enshrined in the Charter of Fundamental Rights, alongside the social rights set out in the European Pillar of Social Rights and the values established by Article 2 of the TEU as defining elements of the European ‘public space’, including among others the governance model relevant to that public space, dignity, freedom, the rule of law, democracy, pluralism, tolerance, justice and solidarity, equality and non-discrimination, which would be taken into account in a future or eventual reform of the Treaties; |
| --- | --- |

52.

o

o o

| 53. | Instructs its President to forward this resolution to the Council, the Commission and the Member States. |
| --- | --- |

53.

---

(1)  OJ L 145, 31.5.2001, p. 43.

(2)  OJ L 158, 30.4.2004, p. 77.

(3)  OJ L 115, 17.4.2014, p. 3.

(4)  OJ L 141, 27.5.2011, p. 1.

(5)  OJ L 107, 22.4.2016, p. 1.

(6)  OJ L 255, 30.9.2005, p. 22.

(7)  OJ L 354, 28.12.2013, p. 132.

(8)  OJ L 106, 24.4.2015, p. 1.

(9)  OJ C 252, 18.7.2018, p. 215.

(10)  OJ C 355, 20.10.2017, p. 17.

(11)  OJ C 482, 23.12.2016, p. 117.

(12)  OJ C 58, 15.2.2018, p. 57.

(13)  OJ C 263, 25.7.2018, p. 28.

(14)  OJ C 263, 25.7.2018, p. 98.

(15)  OJ C 463, 21.12.2018, p. 83.

(16)  Texts adopted, P8_TA(2018)0282.

(17)  OJ C 463, 21.12.2018, p. 89.

(18)  Texts adopted, P8_TA(2018)0226.

(19)  Texts adopted, P8_TA(2018)0449.

(20)  For instance, Judgment of the Court of Justice of 8 March 2011, Gerardo Ruiz Zambrano v Office national de l’emploi (ONEM), C-34/09, ECLI:EU:C:2011:124, Judgment of the Court of Justice of 2 March 2010, Janko Rottman v Freistaat Bayern, C-135/08, ECLI:EU:C:2010:104, Judgment of the Court of Justice of 5 May 2011, Shirley McCarthy v Secretary of State for the Home Department, C-434/09, ECLI:EU:C:2011:277 and Judgment of the Court of Justice of 15 November 2011, Murat Dereci and Others v Bundesministerium für Inneres, C-256/11, ECLI:EU:C:2011:734.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/16 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/16

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P8_TA(2019)0077

Implementation of the Treaty provisions concerning enhanced cooperation

European Parliament resolution of 12 February 2019 on the implementation of the Treaty provisions concerning enhanced cooperation (2018/2112(INI))

(2020/C 449/03)

The European Parliament,

| — | having regard to the Treaty provisions related to enhanced cooperation and in particular Articles 20, 42(6), 44, 45 and 46 of the Treaty on European Union (TEU), and Articles 82, 83, 86, 87, 187, 188, 326, 327, 328, 329, 330, 331, 332, 333 and 334 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to the Treaty provisions related to enhanced cooperation and in particular Articles 20, 42(6), 44, 45 and 46 of the Treaty on European Union (TEU), and Articles 82, 83, 86, 87, 187, 188, 326, 327, 328, 329, 330, 331, 332, 333 and 334 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the Treaty provisions on other existing forms of differentiated integration and in particular Articles 136, 137 and 138 TFEU relating to provisions specific to Member States whose currency is the euro, |
| --- | --- |

—

having regard to the Treaty provisions on other existing forms of differentiated integration and in particular Articles 136, 137 and 138 TFEU relating to provisions specific to Member States whose currency is the euro,

| — | having regard to the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG), |
| --- | --- |

—

having regard to the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG),

| — | having regard to Protocol 10 on permanent structured cooperation established by Article 42 of the Treaty on European Union, Protocol 14 on the Euro Group and Protocol 19 on the Schengen acquis integrated into the framework of the European Union, |
| --- | --- |

—

having regard to Protocol 10 on permanent structured cooperation established by Article 42 of the Treaty on European Union, Protocol 14 on the Euro Group and Protocol 19 on the Schengen acquis integrated into the framework of the European Union,

| — | having regard to its resolution of 16 February 2017 on improving the functioning of the European Union building on the potential of the Lisbon Treaty (1), |
| --- | --- |

—

having regard to its resolution of 16 February 2017 on improving the functioning of the European Union building on the potential of the Lisbon Treaty (1),

| — | having regard to its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union (2), |
| --- | --- |

—

having regard to its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union (2),

| — | having regard to its resolution of 16 February 2017 on budgetary capacity for the euro area (3), |
| --- | --- |

—

having regard to its resolution of 16 February 2017 on budgetary capacity for the euro area (3),

| — | having regard to its resolution of 16 March 2017 on constitutional, legal and institutional implications of a common security and defence policy: possibilities offered by the Lisbon Treaty (4), |
| --- | --- |

—

having regard to its resolution of 16 March 2017 on constitutional, legal and institutional implications of a common security and defence policy: possibilities offered by the Lisbon Treaty (4),

| — | having regard to its resolution of 17 January 2019 on differentiated integration (5), |
| --- | --- |

—

having regard to its resolution of 17 January 2019 on differentiated integration (5),

| — | having regard to the Commission white paper of 1 March 2017 (COM(2017)2025) and the five subsequent reflection papers (COM(2017)0206), COM(2017)0240, COM(2017)0291, COM(2017)0315, COM(2017)0358), |
| --- | --- |

—

having regard to the Commission white paper of 1 March 2017 (COM(2017)2025) and the five subsequent reflection papers (COM(2017)0206), COM(2017)0240, COM(2017)0291, COM(2017)0315, COM(2017)0358),

| — | having regard to the Rome Declaration of 25 March 2017, |
| --- | --- |

—

having regard to the Rome Declaration of 25 March 2017,

| — | having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

| — | having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0038/2019), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0038/2019),

| A. | whereas the Union has a particular interest in implementing enhanced cooperation in certain areas of non-exclusive EU competences in order to move forward the European project and to facilitate the life of citizens; |
| --- | --- |

A.

whereas the Union has a particular interest in implementing enhanced cooperation in certain areas of non-exclusive EU competences in order to move forward the European project and to facilitate the life of citizens;

| B. | whereas, pursuant to Article 20(2) TEU, enhanced cooperation is meant to be a measure of last resort, when the objectives of such cooperation cannot be attained within a reasonable period by the Union as a whole; |
| --- | --- |

B.

whereas, pursuant to Article 20(2) TEU, enhanced cooperation is meant to be a measure of last resort, when the objectives of such cooperation cannot be attained within a reasonable period by the Union as a whole;

| C. | whereas enhanced cooperation should not be seen as an instrument of exclusion or division of the Member States, but as a pragmatic solution to advance European integration; |
| --- | --- |

C.

whereas enhanced cooperation should not be seen as an instrument of exclusion or division of the Member States, but as a pragmatic solution to advance European integration;

| D. | whereas the sensitive nature of certain policy areas makes it difficult to follow the ordinary legislative procedure, not only because of the unanimity requirement but also due to the established practice in the Council of always seeking consensus among the Member States, even when a qualified majority would be sufficient to take a decision; |
| --- | --- |

D.

whereas the sensitive nature of certain policy areas makes it difficult to follow the ordinary legislative procedure, not only because of the unanimity requirement but also due to the established practice in the Council of always seeking consensus among the Member States, even when a qualified majority would be sufficient to take a decision;

| E. | whereas with the exception of the Financial Transaction Tax, all enhanced cooperation initiatives could have been adopted in Council by qualified majority voting (QMV), had this rule been established instead of unanimity voting; |
| --- | --- |

E.

whereas with the exception of the Financial Transaction Tax, all enhanced cooperation initiatives could have been adopted in Council by qualified majority voting (QMV), had this rule been established instead of unanimity voting;

| F. | whereas a number of cases exist of sub-groups of Member States carrying out bilateral or multilateral cooperation between themselves outside the Treaty framework, for example in fields such as defence; whereas the pressure exerted by the economic and monetary crisis to take swift decisions and to overcome the unanimity requirement in certain areas led to the adoption of intergovernmental instruments outside the EU legal framework, such as the European Stability Mechanism (ESM) and the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG or the ‘Fiscal Compact’); |
| --- | --- |

F.

whereas a number of cases exist of sub-groups of Member States carrying out bilateral or multilateral cooperation between themselves outside the Treaty framework, for example in fields such as defence; whereas the pressure exerted by the economic and monetary crisis to take swift decisions and to overcome the unanimity requirement in certain areas led to the adoption of intergovernmental instruments outside the EU legal framework, such as the European Stability Mechanism (ESM) and the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG or the ‘Fiscal Compact’);

| G. | whereas enhanced cooperation is a procedure whereby a minimum of nine Member States are permitted to establish advanced cooperation in an area within the structures of the EU, but without the involvement of the remaining Member States; whereas enhanced cooperation allows those participating Member States to achieve a common goal or initiative and to overcome paralysis in negotiations or a blockage by another Member State or Member States when unanimity is required; whereas pursuant to Article 20(4) TEU acts adopted in the framework of enhanced cooperation should bind only participating Member States; whereas enhanced cooperation is limited to areas in which the EU does not have exclusive competences; |
| --- | --- |

G.

whereas enhanced cooperation is a procedure whereby a minimum of nine Member States are permitted to establish advanced cooperation in an area within the structures of the EU, but without the involvement of the remaining Member States; whereas enhanced cooperation allows those participating Member States to achieve a common goal or initiative and to overcome paralysis in negotiations or a blockage by another Member State or Member States when unanimity is required; whereas pursuant to Article 20(4) TEU acts adopted in the framework of enhanced cooperation should bind only participating Member States; whereas enhanced cooperation is limited to areas in which the EU does not have exclusive competences;

| H. | whereas pursuant to Article 328(1) TFEU, ‘the Commission and the Member States participating in enhanced cooperation shall ensure that they promote participation by as many Member States as possible’; |
| --- | --- |

H.

whereas pursuant to Article 328(1) TFEU, ‘the Commission and the Member States participating in enhanced cooperation shall ensure that they promote participation by as many Member States as possible’;

| I. | whereas experience shows that enhanced cooperation has delivered satisfactory results in divorce law (6), and offers interesting prospects with regard to property regime rules (7), the European unitary patent and the European Public Prosecutor’s Office; |
| --- | --- |

I.

whereas experience shows that enhanced cooperation has delivered satisfactory results in divorce law (6), and offers interesting prospects with regard to property regime rules (7), the European unitary patent and the European Public Prosecutor’s Office;

| J. | whereas the initial experiences with enhanced cooperation have highlighted the difficulties associated with the application of this concept, due to the limited provisions available in the Treaties concerning its practical implementation and the lack of sufficient follow-up carried out by the Union institutions; |
| --- | --- |

J.

whereas the initial experiences with enhanced cooperation have highlighted the difficulties associated with the application of this concept, due to the limited provisions available in the Treaties concerning its practical implementation and the lack of sufficient follow-up carried out by the Union institutions;

| K. | whereas the analysis of different federal models used in EU Member States and federations outside the Union revealed that flexible cooperation mechanisms are often used by sub-federal entities in areas of common interest; |
| --- | --- |

K.

whereas the analysis of different federal models used in EU Member States and federations outside the Union revealed that flexible cooperation mechanisms are often used by sub-federal entities in areas of common interest;

| L. | whereas without the use of bridging clauses to move from unanimity to QMV in the Council, and in the absence of a thorough reform of the Treaties, it seems possible that in the future, the Member States would need to resort to the provisions on enhanced cooperation in order to address common problems and attain common goals; |
| --- | --- |

L.

whereas without the use of bridging clauses to move from unanimity to QMV in the Council, and in the absence of a thorough reform of the Treaties, it seems possible that in the future, the Member States would need to resort to the provisions on enhanced cooperation in order to address common problems and attain common goals;

| M. | whereas it is of importance for the smooth application of enhanced cooperation to establish a list of questions that need to be addressed and to provide a roadmap for the effective functioning of enhanced cooperation in the letter and spirit of the Treaties; |
| --- | --- |

M.

whereas it is of importance for the smooth application of enhanced cooperation to establish a list of questions that need to be addressed and to provide a roadmap for the effective functioning of enhanced cooperation in the letter and spirit of the Treaties;

Main observations

| 1. | Is concerned by the fact that even though enhanced cooperation offers a solution to a common problem, by taking advantage of the Union institutional structure and thereby reducing the administrative costs for the participating Member States, it has not completely eliminated the need to resort to forms of intergovernmental subgrouping solutions outside the Treaties, which have a negative impact on how consistently the EU legal framework is applied and therefore lead to a lack of appropriate democratic scrutiny; |
| --- | --- |

1.

| 2. | Believes that the EU’s single institutional framework should be preserved in order to achieve its common objectives and guarantee the principle of equality of all citizens; insists that the Community or Union method should be upheld; |
| --- | --- |

2.

| 3. | Underlines that contrary to intergovernmental Treaties, enhanced cooperation provides a tool for problem-solving that is not only legal but also convenient, as it is based on the Treaty provisions and operates within the Union institutional structure; |
| --- | --- |

3.

| 4. | Points out that even though enhanced cooperation, due to its nature as a last resort measure, has not been used extensively since its inception in the Treaty of Amsterdam, it seems to be gaining importance and delivers tangible results; |
| --- | --- |

4.

| 5. | Notes that, based on existing experience, enhanced cooperation most often arises in areas governed by a special legislative procedure requiring unanimity, and has predominantly been used in the area of justice and home affairs; |
| --- | --- |

5.

| 6. | Points out that so far the procedure for the engagement and implementation of enhanced cooperation has been quite lengthy, notably due to the unclear definition of a reasonable period to ascertain that the necessary voting threshold cannot be reached and the lack of strong political will to move forward faster; |
| --- | --- |

6.

| 7. | Notes that the lack of clear operational guidelines for creating and administering enhanced cooperation, for example the applicable law for common institutions or procedures to withdraw from already existing cooperation, might have rendered the conclusion of enhanced cooperation less likely; |
| --- | --- |

7.

| 8. | Recalls that even though enhanced cooperation benefits from the Union institutional and legal order, its automatic integration into the acquis is not foreseen; |
| --- | --- |

8.

| 9. | Believes that even though enhanced cooperation is considered as a second-best scenario, it is still a viable tool for problem-solving at the Union level and a tool to overcome some of the institutional deadlocks; |
| --- | --- |

9.

| 10. | Is of the opinion that the same set of questions needs to be answered in order to effectively implement and organise enhanced cooperation, irrespective of the policy area that it concerns or the form it takes; |
| --- | --- |

10.

Recommendations

| 11. | Proposes, therefore, that a number of questions need to be answered and a roadmap followed as set out below in order to ensure the smooth and effective implementation of enhanced cooperation; |
| --- | --- |

11.

Decision-making process

| 12. | Points out that the political impetus for enhanced cooperation should come from the Member States, but discussions on its contents should be based on a Commission proposal; |
| --- | --- |

12.

| 13. | Recalls that Article 225 TFEU gives Parliament the right of quasi-legislative initiative, which should be interpreted as the possibility for Parliament to initiate enhanced cooperation on the basis of a Commission proposal that did not manage to reach an agreement through the regular decision-making procedure within the mandate of two consecutive Council presidencies; |
| --- | --- |

13.

| 14. | Believes that it should be concluded that the objectives of an instance of cooperation cannot be attained by the Union as a whole, in line with the requirement in Article 20 TEU, if during a period covering two consecutive Council presidencies, no substantive progress has been made in the Council; |
| --- | --- |

14.

| 15. | Recommends that Member States’ requests to establish enhanced cooperation between themselves should, in principle, be based on objectives that are at least as ambitious as those presented by the Commission, before it is established that the objectives cannot be achieved by the Union as a whole within a reasonable timeframe; |
| --- | --- |

15.

| 16. | Strongly recommends that the special passerelle clause enshrined in Article 333 TFEU be activated to switch from unanimity to QMV, and from a special to the ordinary legislative procedure, immediately after an agreement on the start of enhanced cooperation is approved by the Council, in order to avoid new blockages if the number of participating Member States is significant; |
| --- | --- |

16.

| 17. | Finds it necessary that the decision authorising enhanced cooperation should specify the framework for relations with the non-participating Member States; considers that the Member States not participating in such enhanced cooperation should nevertheless be involved in the deliberations on the subject it addresses; |
| --- | --- |

17.

| 18. | Recalls that both the Commission and the Council secretariats have an important role to play in ensuring that Member States that do not participate in enhanced cooperation are not left behind in a way that makes their participation at a later stage difficult; |
| --- | --- |

18.

Administration

| 19. | Recommends that the Commission play an active role in all stages of enhanced cooperation from the proposal through the deliberations to the implementation of enhanced cooperation; |
| --- | --- |

19.

| 20. | Affirms that the unity of EU institutions should be maintained and that enhanced cooperation should not lead to the creation of parallel institutional arrangements, but could allow specific bodies to be established where appropriate within the EU legal framework and without prejudice to the competences and role of the Union institutions and bodies; |
| --- | --- |

20.

Parliamentary scrutiny

| 21. | Recalls that Parliament is in charge of the parliamentary control of enhanced cooperation; calls for stronger involvement from national parliaments, and in those Members States where it is relevant, from regional parliaments, alongside the European Parliament in the democratic scrutiny of enhanced cooperation if it concerns policy areas of shared competence; underlines the possibility of establishing an interparliamentary forum similar, for instance, to the Interparliamentary conference under Article 13 of the TSCG and the Interparliamentary conference for the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP), where necessary and without prejudice to the powers of Parliament; |
| --- | --- |

21.

| 22. | Stresses the need for the Member States participating in enhanced cooperation to include those regions that have legislative powers in matters that affect them, with a view to respecting the internal division of powers and reinforcing the social legitimacy of such enhanced cooperation; |
| --- | --- |

22.

| 23. | Recommends that Parliament play a stronger role in enhanced cooperation by suggesting to the Commission new forms of cooperation via Article 225 TFEU, and by monitoring proposals or existing cooperation; expresses the conviction that Parliament should be involved in every stage of the procedure, rather than just being expected to provide its consent, and that it should receive regular reports and be able to comment on the implementation of enhanced cooperation; |
| --- | --- |

23.

| 24. | Calls on the Council to engage with Parliament in a possible future enhanced cooperation procedure prior to the request for Parliament’s consent on the final text, so as to ensure maximum cooperation between the Union’s co-legislators; |
| --- | --- |

24.

| 25. | Regrets, however, that despite Parliament’s constructive and measured approach to the enhanced cooperation procedure, the Council has shown little interest in engaging formally with Parliament prior to the request for Parliament’s consent on the final negotiated text; |
| --- | --- |

25.

| 26. | Deems it necessary that Parliament improve its internal organisation in relation to enhanced cooperation; believes, to this end, that each case of enhanced cooperation should be followed by the relevant standing committee and recommends that Parliament’s rules of procedure should therefore authorise the setting up of ad-hoc sub-committees in which full membership is primarily given to those MEPs elected in the Member States that are participating in such enhanced cooperation; |
| --- | --- |

26.

Budget

| 27. | Takes the view that operating expenditure linked to enhanced cooperation should be borne by the participating Member States, and if this cost is borne by the EU budget, the non-participating Member States should be reimbursed, unless the Council, after consulting Parliament, decides in accordance with Article 332 TFEU that such cooperation is to be funded by the EU budget, thereby making such expenditure part of the latter and therefore subject to the annual budgetary procedure; |
| --- | --- |

27.

| 28. | Considers that if the activity regulated by enhanced cooperation generates revenue, this revenue should be assigned to cover the operating expenditure linked to the enhanced cooperation; |
| --- | --- |

28.

Jurisdiction

| 29. | Believes that enhanced cooperation should fall under the direct jurisdiction of the Court of Justice of the European Union (CJEU), without prejudice to the possibility of establishing an arbitration procedure or a dispute settlement court of first instance that could be required for the functioning of a particular case of enhanced cooperation, unless the Treaty provides otherwise, which should be specified in the legal act establishing such enhanced cooperation; |
| --- | --- |

29.

| 30. | Points out that if a case of enhanced cooperation requires that a special arbitration mechanism or court be put in place, the final arbitration body should always be the CJEU; |
| --- | --- |

30.

Adjustments to the institutional structure of the Union

| 31. | Proposes the creation of a special enhanced cooperation unit in the Commission, under the leadership of the Commissioner responsible for inter-institutional relations, to coordinate and streamline the institutional setting up of enhanced cooperation initiatives; |
| --- | --- |

31.

| 32. | Considers it necessary to make the role of both the Commission and Council secretariats more proactive in the context of enhanced cooperation, and therefore proposes that they actively search, in conjunction with the Committee of the Regions and, in particular, with its European Grouping of Territorial Cooperation (EGTC) platform, for areas where enhanced cooperation could be useful for the advancement of the European project or for areas adjacent to existing forms of enhanced cooperation, in order to avoid overlaps or contradictions; |
| --- | --- |

32.

Withdrawal or expulsion of Member States

| 33. | Points out that there are no provisions in the Treaties regarding the possibilities for Member States to withdraw, or be expelled, from existing cases of enhanced cooperation, with the exception of Permanent Structured Cooperation (PESCO); |
| --- | --- |

33.

| 34. | Believes that clear rules should be laid down in all cases of enhanced cooperation on the withdrawal of a Member State that no longer wishes to participate and on the expulsion of a Member State that no longer fulfils the conditions of the enhanced cooperation; advises that the terms and conditions of the possible withdrawal or expulsion of a Member State should be specified in the act establishing the enhanced cooperation; |
| --- | --- |

34.

Recommendations for the future evolution of enhanced cooperation

| 35. | Considers it necessary to devise a procedure for the fast-track authorisation of enhanced cooperation in fields of high political salience to be accomplished within a shorter timeframe than the duration of two consecutive Council presidencies; |
| --- | --- |

35.

| 36. | Urges Member States participating in enhanced cooperation to work towards integrating enhanced cooperation into the acquis communautaire; |
| --- | --- |

36.

| 37. | Calls on the Commission to propose a regulation, on the basis of Article 175, third sub-paragraph, or Article 352 TFEU, in order to simplify and unify the relevant legal framework for enhanced cooperation (for example, the guiding principles on the applicable law for common institutions or a Member’s withdrawal), thereby facilitating the conclusion of such cooperation; |
| --- | --- |

37.

| 38. | Suggests that the next revision of the Treaties should explore the possibility of regions or sub-national entities playing a role in enhanced cooperation where the latter relates to an area of exclusive competence of the level in question, with due respect for national constitutions; |
| --- | --- |

38.

o

o
  o

| 39. | Instructs its President to forward this resolution to the Council, the Commission and the national parliaments. |
| --- | --- |

39.

---

(1)  OJ C 252, 18.7.2018, p. 215.

(2)  OJ C 252, 18.7.2018, p. 201.

(3)  OJ C 252, 18.7.2018, p. 235.

(4)  OJ C 263, 25.7.2018, p. 125.

(5)  Texts adopted, P8_TA(2019)0044.

(6)  Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (OJ L 343, 29.12.2010, p. 10).

(7)  Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes (OJ L 183, 8.7.2016, p. 1).

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/22 |
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23.12.2020

EN

Official Journal of the European Union

C 449/22

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P8_TA(2019)0078

Implementation of the Treaty provisions on Parliament’s power of political control over the Commission

European Parliament resolution of 12 February 2019 on the implementation of the Treaty provisions on Parliament’s power of political control over the Commission (2018/2113(INI))

(2020/C 449/04)

The European Parliament,

| — | having regard to the Treaty provisions concerning the political oversight of the European Parliament over the European Commission and in particular Articles 14, 17 and 25 of the Treaty on European Union (TEU) and Articles 121, 159, 161, 175, 190, 225, 226, 230, 233, 234, 249, 290, 291, 319 and 325 of the Treaty on the Functioning of the European Union (TFEU), |
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—

having regard to the Treaty provisions concerning the political oversight of the European Parliament over the European Commission and in particular Articles 14, 17 and 25 of the Treaty on European Union (TEU) and Articles 121, 159, 161, 175, 190, 225, 226, 230, 233, 234, 249, 290, 291, 319 and 325 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Article 17 TEU, which entrusts the Commission with promoting the general interest of the Union and a monopoly on taking initiatives ‘to that end’, |
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having regard to Article 17 TEU, which entrusts the Commission with promoting the general interest of the Union and a monopoly on taking initiatives ‘to that end’,

| — | having regard to the Framework Agreement on relations between the European Parliament and the European Commission, |
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—

having regard to the Framework Agreement on relations between the European Parliament and the European Commission,

| — | having regard to the interinstitutional agreement (IIA) on better law-making of 2016 and the interinstitutional agreement on budgetary discipline, on cooperation in budgetary matters and on sound financial management of 2013, |
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having regard to the interinstitutional agreement (IIA) on better law-making of 2016 and the interinstitutional agreement on budgetary discipline, on cooperation in budgetary matters and on sound financial management of 2013,

| — | having regard to its resolution of 16 February 2017 on improving the functioning of the European Union building on the potential of the Lisbon Treaty (1), |
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—

having regard to its resolution of 16 February 2017 on improving the functioning of the European Union building on the potential of the Lisbon Treaty (1),

| — | having regard to its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union (2), |
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—

having regard to its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union (2),

| — | having regard to its decision of 7 February 2018 on the revision of the Framework Agreement on relations between the European Parliament and the European Commission, and especially paragraphs 2 and 8 thereof, which further reaffirm that the Spitzenkandidaten process consists of a successful constitutional and political practice reflecting the interinstitutional balance provided for in the Treaties (3), |
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—

having regard to its decision of 7 February 2018 on the revision of the Framework Agreement on relations between the European Parliament and the European Commission, and especially paragraphs 2 and 8 thereof, which further reaffirm that the Spitzenkandidaten process consists of a successful constitutional and political practice reflecting the interinstitutional balance provided for in the Treaties (3),

| — | having regard to its legislative resolution of 16 April 2014 on a proposal for a regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament’s right of inquiry and repealing Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission (4), and to the ongoing interinstitutional negotiations, |
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—

having regard to its legislative resolution of 16 April 2014 on a proposal for a regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament’s right of inquiry and repealing Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission (4), and to the ongoing interinstitutional negotiations,

| — | having regard to the report of the European Ombudsman on Meetings and Inspection of Documents — Joint Complaints 488/2018/KR and 514/2018/KR on the Commission’s Appointment of a new Secretary-General, and to its recommendation on those cases, |
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—

having regard to the report of the European Ombudsman on Meetings and Inspection of Documents — Joint Complaints 488/2018/KR and 514/2018/KR on the Commission’s Appointment of a new Secretary-General, and to its recommendation on those cases,

| — | having regard to its Rules of Procedure, including Rule 52, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports, |
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—

having regard to its Rules of Procedure, including Rule 52, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

| — | having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Budgetary Control (A8-0033/2019), |
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having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Budgetary Control (A8-0033/2019),

| A. | whereas the institutional framework of the Union as enshrined in the Treaties confers on Parliament, as a legislative body of the Union, the responsibility of political oversight over the Commission; |
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A.

whereas the institutional framework of the Union as enshrined in the Treaties confers on Parliament, as a legislative body of the Union, the responsibility of political oversight over the Commission;

| B. | whereas Parliament has at its disposal a set of instruments to call the Commission to account, such as the motion of censure (Articles 17 TEU and 234 TFEU), the ability to ask the President of the Commission to withdraw his or her confidence in an individual member of the Commission (Rule 118(10) of Parliament’s Rules of Procedure), the right of inquiry (Article 226 TFEU), the competence of scrutiny over delegated and implementing acts (Articles 290 and 291 TFEU), the right to ask oral and written questions (Article 230(2) TFEU), and the right to institute legal proceedings against the Commission on an issue of legality (Article 263 TFEU) or in case of failure to act by the Commission; |
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B.

whereas Parliament has at its disposal a set of instruments to call the Commission to account, such as the motion of censure (Articles 17 TEU and 234 TFEU), the ability to ask the President of the Commission to withdraw his or her confidence in an individual member of the Commission (Rule 118(10) of Parliament’s Rules of Procedure), the right of inquiry (Article 226 TFEU), the competence of scrutiny over delegated and implementing acts (Articles 290 and 291 TFEU), the right to ask oral and written questions (Article 230(2) TFEU), and the right to institute legal proceedings against the Commission on an issue of legality (Article 263 TFEU) or in case of failure to act by the Commission;

| C. | whereas, in addition to these instruments, Parliament has an array of tools for steering oversight, thanks to which it can proactively shape the European political agenda; |
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C.

whereas, in addition to these instruments, Parliament has an array of tools for steering oversight, thanks to which it can proactively shape the European political agenda;

| D. | whereas the budget is the most important tool of the European Union for fulfilling its objectives and strategies, and therefore budgetary control is of utmost importance; |
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D.

whereas the budget is the most important tool of the European Union for fulfilling its objectives and strategies, and therefore budgetary control is of utmost importance;

| E. | whereas the Spitzenkandidaten process reflects the interinstitutional balance between Parliament and the Commission, and has thus substantially consolidated and strengthened the link between the two institutions, leading to a greater politicisation of the Commission, which should result in increased parliamentary scrutiny of its executive functions; |
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E.

whereas the Spitzenkandidaten process reflects the interinstitutional balance between Parliament and the Commission, and has thus substantially consolidated and strengthened the link between the two institutions, leading to a greater politicisation of the Commission, which should result in increased parliamentary scrutiny of its executive functions;

| F. | whereas Article 17 TEU provides for the President of the Commission to be elected by Parliament on a proposal by the EU heads of state and government, taking into account the results of the European elections and consultations with Parliament; whereas Article 17 TEU also provides that the same procedure should be followed in the event that Parliament were to reject the proposed candidate, including the consultation of Parliament; |
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F.

whereas Article 17 TEU provides for the President of the Commission to be elected by Parliament on a proposal by the EU heads of state and government, taking into account the results of the European elections and consultations with Parliament; whereas Article 17 TEU also provides that the same procedure should be followed in the event that Parliament were to reject the proposed candidate, including the consultation of Parliament;

| G. | whereas all commissioners-designate are subject to a hearing before the investiture of the College of Commissioners, and whereas over its mandate Parliament can review the commitments and priorities expressed by the commissioners-designate during their appointment hearings, including an evaluation of whether their personal backgrounds qualify them for fulfilling the requirements the office demands; |
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G.

whereas all commissioners-designate are subject to a hearing before the investiture of the College of Commissioners, and whereas over its mandate Parliament can review the commitments and priorities expressed by the commissioners-designate during their appointment hearings, including an evaluation of whether their personal backgrounds qualify them for fulfilling the requirements the office demands;

| H. | whereas the Treaties give Parliament the right to vote on a motion of censure against the Commission as a whole but not to withdraw its confidence in an individual Commissioner; |
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H.

whereas the Treaties give Parliament the right to vote on a motion of censure against the Commission as a whole but not to withdraw its confidence in an individual Commissioner;

| I. | whereas despite the collective responsibility of the College of Commissioners, Parliament should ensure effective political oversight of the individual work of each Commissioner; |
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I.

whereas despite the collective responsibility of the College of Commissioners, Parliament should ensure effective political oversight of the individual work of each Commissioner;

| J. | whereas the recent appointment of the new Secretary-General of the Commission has raised serious concerns over the role and political influence exercised by senior Commission officials; |
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J.

whereas the recent appointment of the new Secretary-General of the Commission has raised serious concerns over the role and political influence exercised by senior Commission officials;

| K. | whereas a new, rule-abiding procedure for filling the post of Secretary-General of the Commission should be conducted when the new President of the Commission and the new Commissioners are appointed in 2019; |
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K.

whereas a new, rule-abiding procedure for filling the post of Secretary-General of the Commission should be conducted when the new President of the Commission and the new Commissioners are appointed in 2019;

| L. | whereas the Commission has Treaty-based obligations to report regularly to Parliament: yearly on the general activities of the Union (Article 249 TFEU); every three years on the application of the provisions on non-discrimination and citizenship of the Union (Article 25 TFEU); on the results of multilateral surveillance in economic policy (Article 121(5) TFEU); every three years on the progress made on social policy (Articles 159 and 161 TFEU); every three years on the progress made towards achieving economic, social and territorial cohesion (Article 175 TFEU); yearly on research activities in the Union (Article 190 TFEU); yearly on the fight against fraud (Article 325 TFEU); and when conducting negotiations with third countries or international organisations (Article 207 TFEU); |
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L.

whereas the Commission has Treaty-based obligations to report regularly to Parliament: yearly on the general activities of the Union (Article 249 TFEU); every three years on the application of the provisions on non-discrimination and citizenship of the Union (Article 25 TFEU); on the results of multilateral surveillance in economic policy (Article 121(5) TFEU); every three years on the progress made on social policy (Articles 159 and 161 TFEU); every three years on the progress made towards achieving economic, social and territorial cohesion (Article 175 TFEU); yearly on research activities in the Union (Article 190 TFEU); yearly on the fight against fraud (Article 325 TFEU); and when conducting negotiations with third countries or international organisations (Article 207 TFEU);

| M. | whereas, moreover, as far as secondary legislation is concerned, the Commission is instructed to review and evaluate various directives and regulations and report on its findings; |
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M.

whereas, moreover, as far as secondary legislation is concerned, the Commission is instructed to review and evaluate various directives and regulations and report on its findings;

| N. | whereas with the adoption of the Framework agreement on relations between the European Parliament and the European Commission, Parliament has gained additional leverage in the shaping of the legislative agenda as proposed by the Commission every year in the Commission Work Programme (CWP); |
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N.

whereas with the adoption of the Framework agreement on relations between the European Parliament and the European Commission, Parliament has gained additional leverage in the shaping of the legislative agenda as proposed by the Commission every year in the Commission Work Programme (CWP);

| O. | whereas since the adoption of the Lisbon Treaty Parliament has become a true co-legislator in the budgetary field and has the responsibility to give discharge to the Commission for the implementation of the Union budget; |
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O.

whereas since the adoption of the Lisbon Treaty Parliament has become a true co-legislator in the budgetary field and has the responsibility to give discharge to the Commission for the implementation of the Union budget;

| P. | whereas following the entry into force of the Lisbon Treaty Parliament has expanded its influence over the scrutiny of EU external policies, by obtaining the power of consent over the conclusion of international agreements and, therefore, the right to be immediately and fully informed by the Commission at all stages of the negotiation of such agreements (Article 218 TFEU, Article 50 TEU); |
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P.

whereas following the entry into force of the Lisbon Treaty Parliament has expanded its influence over the scrutiny of EU external policies, by obtaining the power of consent over the conclusion of international agreements and, therefore, the right to be immediately and fully informed by the Commission at all stages of the negotiation of such agreements (Article 218 TFEU, Article 50 TEU);

| Q. | whereas the conditions under which negotiations took place with the United Kingdom on its withdrawal from the European Union were exemplary in terms of their transparency and the involvement of Parliament; |
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Q.

whereas the conditions under which negotiations took place with the United Kingdom on its withdrawal from the European Union were exemplary in terms of their transparency and the involvement of Parliament;

| R. | whereas the extent of Parliament’s scrutiny rights varies greatly between delegated acts and implementing acts; whereas Parliament has the right to veto a delegated act and/or to revoke the delegation, but in the case of implementing acts its involvement is much less far-reaching; |
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R.

whereas the extent of Parliament’s scrutiny rights varies greatly between delegated acts and implementing acts; whereas Parliament has the right to veto a delegated act and/or to revoke the delegation, but in the case of implementing acts its involvement is much less far-reaching;

| S. | whereas the current institutional structure of the Union and the lack of precise definition of the executive in the Treaties make the concept of EU executive complex and scattered across the European, national and regional levels; |
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S.

whereas the current institutional structure of the Union and the lack of precise definition of the executive in the Treaties make the concept of EU executive complex and scattered across the European, national and regional levels;

| T. | whereas stronger cooperation between the European Parliament and national and regional parliaments, in line with their respective constitutional competences and in accordance with Article 10(2) TEU, is key to addressing the issue of parliamentary control of executive functions when it comes to the implementation of European legislation; |
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T.

whereas stronger cooperation between the European Parliament and national and regional parliaments, in line with their respective constitutional competences and in accordance with Article 10(2) TEU, is key to addressing the issue of parliamentary control of executive functions when it comes to the implementation of European legislation;

| U. | whereas the transparency and strong involvement of Parliament in the negotiations with the United Kingdom has had a positive impact on their outcome, creating a climate of trust and unity, and should therefore serve as inspiration for future international negotiations practices; |
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U.

whereas the transparency and strong involvement of Parliament in the negotiations with the United Kingdom has had a positive impact on their outcome, creating a climate of trust and unity, and should therefore serve as inspiration for future international negotiations practices;

Main conclusions

| 1. | Recalls that scrutiny over the EU bodies is one of the main roles of the European Parliament and that the accountability of the Commission to Parliament is an underpinning principle of the functioning of the EU and of internal democratic control; |
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1.

| 2. | Believes that Parliament is not making full use of all its instruments of political control over the executive, owing to a variety of reasons, some being inherent to the institutional structure of the Union and others being, for example, the results of the changing interinstitutional dynamics, which have made some of the instruments difficult to apply or not sufficiently effective; |
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2.

| 3. | Acknowledges the potential and successful implementation of the Spitzenkandidaten process, whereby all European citizens have a direct say in the choice of the president of the Commission by means of a vote for a list headed by their preferred candidate; therefore strongly supports continuing this practice for future European elections and encourages all political forces to participate in this process; |
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3.

| 4. | Recalls that the stronger political link created between Parliament and the Commission as a result of the Spitzenkandidaten process should not make the Commission subject to less stringent parliamentary oversight; |
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4.

| 5. | Recalls that the intention of the threshold enshrined in the Treaties for a motion of censure is to preserve the effective use of this instrument for serious cases; acknowledges that, as in most parliamentary democracies, the possibility of a motion of censure works mostly as a deterrent; proposes, nonetheless, in the context of future Treaty change, to study or examine possibilities to lower the threshold in a measured way, while maintaining the institutional balance envisaged by the Treaties; |
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5.

| 6. | Points out that the politicisation of the Commission is a direct consequence of the changes introduced by the Lisbon Treaty; notes that these changes did not include the adoption of provisions that would allow holding individual commissioners to account; |
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6.

| 7. | Deeply deplores the fact that in the words of the Ombudsman, the Commission ‘failed to comply with either the letter or the spirit of the relevant rules’ when appointing its Secretary-General; |
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7.

| 8. | Points out that the Treaties do not provide a clear definition of the EU executive and that the institutions responsible differ across the various policy areas, depending on whether they are considered to belong to the shared or to the exclusive competences of the Union; |
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8.

| 9. | Considers it necessary to establish a genuinely bicameral legislative system involving the Council and Parliament, with the Commission acting as the executive; |
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9.

| 10. | Points out that Parliament’s role of oversight towards the executive is complemented by similar competences of the national parliaments over their own executives when dealing with European affairs; takes the view that such accountability is the keystone of the role of national parliamentary chambers in the European Union; |
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10.

| 11. | Considers that the exercise of control by Parliament over the executive pursuant to Article 14 TEU has been made difficult, if not sometimes impossible, by the lack of a clear catalogue of Union competences and policies and by the multilayered attribution of competences between European, national and regional executives; |
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11.

| 12. | Recalls that the Treaties do not confer any legislative functions or right of legislative initiative on the European Council; is concerned that in recent years the European Council has, against the spirit and the letter of the Treaties, taken a number of important political decisions outside of the Treaty framework, thereby de facto excluding those decisions from the oversight of Parliament and undermining the democratic accountability which is essential with regard to such European policies; |
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12.

| 13. | Recalls that the Treaty provides Parliament with significant powers of political control through the annual budgetary and discharge procedures; |
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13.

| 14. | Recalls that the discharge is an annual political procedure ensuring ex-post democratic control over the implementation of the European Union budget by the Commission under its own responsibility and in cooperation with the Member States; |
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14.

| 15. | Points out that the discharge procedure has proved to be a powerful tool that has had an impact on the positive evolution of the EU’s budgetary system, financial management, the shaping of the agenda and the way EU policies are defined and implemented, while contributing to increasing Parliament’s political leverage; |
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15.

| 16. | Stresses that Article 318 TFEU adds a new instrument to the toolbox of budgetary discharge: the evaluation of the finances of the Union based on the results achieved; |
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16.

| 17. | Notes with concern that no real legal sanction is available if Parliament decides not to grant discharge to the Commission; considers, nevertheless, that not granting discharge sends out a strong political signal, as it implies that Parliament does not have sufficient confidence in the Commission’s accountability, and should thus not be left unanswered by the Commission but lead to definitive follow-up action designed to improve the situation; |
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17.

| 18. | Regrets the fact that in the absence of sincere cooperation by the Council, it is not possible to scrutinise the Council’s budget through the institutional practice of budgetary discharge by Parliament, and that this situation constitutes a serious failure to comply with the Treaty obligations stipulating that Parliament shall scrutinise the whole of the Union’s budget; |
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18.

| 19. | Suggests, with a view to extending Parliament’s power of budgetary control to the whole of the Union budget, that negotiations be launched between the Council, the Commission and Parliament so as to ensure Parliament has the right to access information on how the Council is implementing its budget, either directly or via the Commission, and that the Council answers written questions from Parliament and attends hearings and debates on the implementation of its budget; takes the view that, should these negotiations fail, Parliament should grant discharge to the Commission only and include in the overall discharge separate resolutions concerning the Union’s various institutions, bodies and agencies, thereby ensuring that no section of the EU budget is implemented without proper scrutiny; |
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19.

| 20. | Recalls that the institutions have not yet delivered on their commitment to establish criteria for the delineation of the use of delegated and implementing acts, even though the IIA on better law-making has improved the transparency of the delegated acts procedure; |
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20.

| 21. | Recalls that in accordance with Article 247 of the Financial Regulation, the Commission must communicate to Parliament by 31 July of the following financial year, an integrated set of financial and accountability reports including, in particular, the final consolidated accounts, the annual management and performance report and the evaluation on the Union’s finances based on the results achieved as referred to in Article 318 TFEU; insists that the annual management and performance report should include an assessment of all preventive and corrective measures taken against funding falling prey to corruption or conflicts of interest; |
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21.

Recommendations

| 22. | Suggests that the instruments for calling the Commission to account and those for steering scrutiny should be combined in order to maximise the effectiveness of both; |
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22.

| 23. | Insists that Parliament’s legislative powers and rights of oversight must be guaranteed, consolidated and strengthened, including through interinstitutional agreements and through the use of the corresponding legal basis by the Commission; |
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23.

| 24. | Considers it necessary for Parliament to reform its working methods in order to strengthen the exercise of its functions of political control over the Commission; |
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24.

| 25. | Calls on the Commission to take more serious account of the legislative initiatives launched by Parliament under Article 225 TFEU; calls on the next Commission President to commit to this objective and welcomes the respective statements of Spitzenkandidaten in this regard; wishes to see more initiatives result in legislative proposals; recalls that in accordance with Article 10 of the IIA on better law-making, the Commission is bound to give prompt and detailed consideration to requests for proposals for Union acts; |
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25.

| 26. | Commends the Commission for its positive follow-up to Parliament’s recommendations expressed in its resolution of 16 February 2017 on improving the functioning of the European Union building on the potential of the Lisbon Treaty; |
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26.

| 27. | Considers that even though Parliament does not have a formal right of legislative initiative under the current Treaties, the possibility to be given the right of legislative initiative in the context of a future Treaty change should be given serious consideration; |
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27.

| 28. | Encourages the exchange of best practices in parliamentary scrutiny among national parliaments, such as the holding of regular debates between the respective ministers and the specialised committees in national parliaments before and after Council meetings, and with Commissioners in an appropriate setting and timeframe, as well as meetings between the European Parliament and national parliaments; encourages the establishment of regular exchanges of officials of institutions and political group staff between the administrations of the European Parliament and national parliaments, the European Committee of the Regions and the Member State regions having legislative competences; |
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28.

| 29. | Believes that the establishment of an annual European week would allow MEPs and Commissioners, notably Vice-Presidents in charge of clusters, to stand before all national parliamentary assemblies to discuss and explain the European agenda alongside MPs and representatives from civil society; suggests that this initiative could reinforce the democratic accountability of the Commission required by the Treaty of Lisbon; |
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29.

| 30. | Calls on Parliament to reinforce its capacity for scrutinising the preparation and implementation of delegated and implementing acts; |
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30.

| 31. | Welcomes the efforts presently undertaken by the three institutions to establish clear criteria to delineate how delegated and implementing acts should be used; calls for these criteria to be applied as soon as possible; |
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31.

| 32. | Encourages national parliaments, as well as regional parliaments where appropriate, to increase their capacity to scrutinise their executives when taking decisions or proposing regulations in order to implement or delegate European legislation; |
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32.

| 33. | Considers it necessary in a future Treaty change to improve the instruments for holding individual commissioners accountable to Parliament throughout their term of office, building on the somewhat limited existing provisions in the Framework Agreement on relations between the European Parliament and the European Commission; |
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33.

| 34. | Calls on the Commission and the Council, in accordance with the principle of fair cooperation, to establish a political dialogue on Parliament’s proposal for a regulation on the right of inquiry, in order to entrust Parliament with effective powers allowing it to exercise this basic parliamentary instrument for controlling the executive, which is absolutely indispensable in parliamentary systems all over the world; |
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34.

| 35. | Is convinced of the usefulness of parliamentary questions as an oversight tool; considers it necessary, therefore, to undertake an in-depth assessment of the quality of the answers provided by the Commission to Members’ questions, as well as on the quantity and quality of the questions asked by Members; |
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35.

| 36. | Considers question time to be an important element of parliamentary scrutiny over the executive; requests the Conference of Presidents to put question time back on the plenary agenda, in line with Rule 129 of the Rules of Procedure; |
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36.

| 37. | Calls once again on the Commission to review its administrative procedures for the appointment of its Secretary-General, Directors-General and Directors, with the objective of fully ensuring that the best candidates are selected within a framework of maximum transparency and equal opportunities; |
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37.

o

o o

| 38. | Instructs its President to forward this resolution to the Council, the Commission, the national parliaments of the Member States and the European Committee of the Regions. |
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38.

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(1)  OJ C 252, 18.7.2018, p. 215.

(2)  OJ C 252, 18.7.2018, p. 201.

(3)  OJ C 463, 21.12.2018, p. 89.

(4)  OJ C 443, 22.12.2017, p. 39.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/28 |
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23.12.2020

EN

Official Journal of the European Union

C 449/28

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P8_TA(2019)0079

Implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework

European Parliament resolution of 12 February 2019 on the implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework (2017/2089(INI))

(2020/C 449/05)

The European Parliament,

| — | having regard to the Charter of Fundamental Rights of the European Union, |
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—

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

| — | having regard to Articles 2, 3, 6, 7, 9, 10, 11, 21, 23 and 49 of the Treaty on European Union (TEU) and Articles 8, 9, 10, 11, 12, 15, 16, 18, 19, 20, 21, 22, 23, 24, 67(1), 258, 263, 267 and 352 of the Treaty on the Functioning of the European Union (TFEU), |
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—

having regard to Articles 2, 3, 6, 7, 9, 10, 11, 21, 23 and 49 of the Treaty on European Union (TEU) and Articles 8, 9, 10, 11, 12, 15, 16, 18, 19, 20, 21, 22, 23, 24, 67(1), 258, 263, 267 and 352 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the case law of the European Court of Human Rights (ECtHR), |
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—

having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the case law of the European Court of Human Rights (ECtHR),

| — | having regard to the Memorandum of Understanding between the Council of Europe and the European Union, |
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—

having regard to the Memorandum of Understanding between the Council of Europe and the European Union,

| — | having regard to the Opinions and the Rule of Law Checklist of the Venice Commission, |
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—

having regard to the Opinions and the Rule of Law Checklist of the Venice Commission,

| — | having regard to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, |
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—

having regard to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights,

| — | having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), and to its resolution of 12 September 2017 on the proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence (1), |
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—

having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), and to its resolution of 12 September 2017 on the proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence (1),

| — | having regard to its resolution of 15 March 2007 on compliance with the Charter of Fundamental Rights in the Commission’s legislative proposals: methodology for systematic and rigorous monitoring (2), |
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—

having regard to its resolution of 15 March 2007 on compliance with the Charter of Fundamental Rights in the Commission’s legislative proposals: methodology for systematic and rigorous monitoring (2),

| — | having regard to its annual resolutions on the situation of fundamental rights in the EU, |
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—

having regard to its annual resolutions on the situation of fundamental rights in the EU,

| — | having regard to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (3), |
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—

having regard to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (3),

| — | having regard to its resolution of 19 January 2017 on a European Pillar of Social Rights (4), |
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—

having regard to its resolution of 19 January 2017 on a European Pillar of Social Rights (4),

| — | having regard to its resolution of 14 September 2017 on transparency, accountability and integrity in the EU institutions (5), |
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—

having regard to its resolution of 14 September 2017 on transparency, accountability and integrity in the EU institutions (5),

| — | having regard to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (6), |
| --- | --- |

—

having regard to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (6),

| — | having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (7), |
| --- | --- |

—

having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (7),

| — | having regard to the Commission communication of 27 April 2005 entitled ‘Compliance with the Charter of Fundamental Rights in Commission legislative proposals — Methodology for systematic and rigorous monitoring’ (COM(2005)0172), |
| --- | --- |

—

having regard to the Commission communication of 27 April 2005 entitled ‘Compliance with the Charter of Fundamental Rights in Commission legislative proposals — Methodology for systematic and rigorous monitoring’ (COM(2005)0172),

| — | having regard to the Commission Report of 29 April 2009 on the practical operation of the methodology for a systematic and rigorous monitoring of compliance with the Charter of Fundamental Rights (COM(2009)0205), |
| --- | --- |

—

having regard to the Commission Report of 29 April 2009 on the practical operation of the methodology for a systematic and rigorous monitoring of compliance with the Charter of Fundamental Rights (COM(2009)0205),

| — | having regard to the Commission communication of 19 October 2010 entitled ‘Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union’ (COM(2010)0573), |
| --- | --- |

—

having regard to the Commission communication of 19 October 2010 entitled ‘Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union’ (COM(2010)0573),

| — | having regard to the Commission Staff Working Paper of 6 May 2011 entitled ‘Operational Guidance on taking account of Fundamental Rights in Commission Impact Assessments’ (SEC(2011)0567), |
| --- | --- |

—

having regard to the Commission Staff Working Paper of 6 May 2011 entitled ‘Operational Guidance on taking account of Fundamental Rights in Commission Impact Assessments’ (SEC(2011)0567),

| — | having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy to the European Parliament and the Council of 12 December 2011 entitled ‘Human rights and democracy at the heart of EU external action — Towards a more effective approach’ (COM(2011)0886), |
| --- | --- |

—

having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy to the European Parliament and the Council of 12 December 2011 entitled ‘Human rights and democracy at the heart of EU external action — Towards a more effective approach’ (COM(2011)0886),

| — | having regard to the ‘EU Strategic Framework and Action Plan on Human Rights and Democracy’ of 25 June 2012, |
| --- | --- |

—

having regard to the ‘EU Strategic Framework and Action Plan on Human Rights and Democracy’ of 25 June 2012,

| — | having regard to the Council Guidelines of 20 January 2015 on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies, |
| --- | --- |

—

having regard to the Council Guidelines of 20 January 2015 on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies,

| — | having regard to the Guidelines for Council preparatory bodies entitled ‘Fundamental rights compatibility’, |
| --- | --- |

—

having regard to the Guidelines for Council preparatory bodies entitled ‘Fundamental rights compatibility’,

| — | having regard to the Council Presidency seminar report of 13 May 2016 entitled ‘National policy application of the EU Charter of Fundamental Rights’, |
| --- | --- |

—

having regard to the Council Presidency seminar report of 13 May 2016 entitled ‘National policy application of the EU Charter of Fundamental Rights’,

| — | having regard to the Commission Guidelines of 19 May 2015 on the analysis of human rights impacts in impact assessments for trade-related policy initiatives, |
| --- | --- |

—

having regard to the Commission Guidelines of 19 May 2015 on the analysis of human rights impacts in impact assessments for trade-related policy initiatives,

| — | having regard to the Commission annual reports on the Application of the EU Charter of Fundamental Rights, |
| --- | --- |

—

having regard to the Commission annual reports on the Application of the EU Charter of Fundamental Rights,

| — | having regard to the Commission Annual Colloquia on Fundamental Rights, |
| --- | --- |

—

having regard to the Commission Annual Colloquia on Fundamental Rights,

| — | having regard to the Judgment of the Court of Justice of the European Union (CJEU) of 20 September 2016, in Joined Cases C-8/15 P to C-10/15 P, Ledra Advertising Ltd v European Commission and European Central Bank (ECB) (8), |
| --- | --- |

—

having regard to the Judgment of the Court of Justice of the European Union (CJEU) of 20 September 2016, in Joined Cases C-8/15 P to C-10/15 P, Ledra Advertising Ltd v European Commission and European Central Bank (ECB) (8),

| — | having regard to the Judgment of the CJEU of 6 November 2018, in Joined Cases C-569/16 and C-570/16, Stadt Wuppertal v Maria Elisabeth Bauer and Volker Willmeroth v Martina Broßonn (9), |
| --- | --- |

—

having regard to the Judgment of the CJEU of 6 November 2018, in Joined Cases C-569/16 and C-570/16, Stadt Wuppertal v Maria Elisabeth Bauer and Volker Willmeroth v Martina Broßonn (9),

| — | having regard to Opinion 2/13 of the CJEU of 18 December 2014 on the Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms (10), |
| --- | --- |

—

having regard to Opinion 2/13 of the CJEU of 18 December 2014 on the Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms (10),

| — | having regard to Opinion 4/2018 of the European Union Agency for Fundamental Rights (FRA) of 24 September 2018 entitled ‘Challenges and opportunities for the implementation of the Charter of Fundamental Rights’, |
| --- | --- |

—

having regard to Opinion 4/2018 of the European Union Agency for Fundamental Rights (FRA) of 24 September 2018 entitled ‘Challenges and opportunities for the implementation of the Charter of Fundamental Rights’,

| — | having regard to the annual fundamental rights reports of the European Union Agency for Fundamental Rights, |
| --- | --- |

—

having regard to the annual fundamental rights reports of the European Union Agency for Fundamental Rights,

| — | having regard to the Handbook of the FRA of October 2018 entitled ‘Applying the Charter of Fundamental Rights of the European Union in law and policymaking at national level — Guidance’, |
| --- | --- |

—

having regard to the Handbook of the FRA of October 2018 entitled ‘Applying the Charter of Fundamental Rights of the European Union in law and policymaking at national level — Guidance’,

| — | having regard to the Better Regulation Toolbox, in particular Tool #28 ‘Fundamental rights & human rights’, |
| --- | --- |

—

having regard to the Better Regulation Toolbox, in particular Tool #28 ‘Fundamental rights & human rights’,

| — | having regard to Rule 38 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 38 of its Rules of Procedure,

| — | having regard to the Opinion of the Secretary General of the Council of Europe of 2 December 2016 on the European Union initiative to establish a European Pillar of Social Rights, |
| --- | --- |

—

having regard to the Opinion of the Secretary General of the Council of Europe of 2 December 2016 on the European Union initiative to establish a European Pillar of Social Rights,

| — | having regard to the Paper from the Dutch COSAC delegation on EU transparency of November 2017 entitled ‘Opening up closed doors: Making the EU more transparent for its citizens’, and to the letter of the COSAC Delegations to the EU Institutions of 20 December 2017 on the transparency of political decision-making within the EU, |
| --- | --- |

—

having regard to the Paper from the Dutch COSAC delegation on EU transparency of November 2017 entitled ‘Opening up closed doors: Making the EU more transparent for its citizens’, and to the letter of the COSAC Delegations to the EU Institutions of 20 December 2017 on the transparency of political decision-making within the EU,

| — | having regard to the studies entitled ‘The implementation of the Charter of Fundamental Rights in the EU institutional framework’, ‘The interpretation of Article 51 of the EU Charter of Fundamental Rights: the Dilemma of Stricter or Broader Application of the Charter to National Measures’ and ‘The European Social Charter in the context of implementation of the EU Charter of Fundamental Rights’ published by its Directorate-General for Internal Policies on 22 November 2016, 15 February 2016 and 12 January 2016 respectively (11), |
| --- | --- |

—

having regard to the studies entitled ‘The implementation of the Charter of Fundamental Rights in the EU institutional framework’, ‘The interpretation of Article 51 of the EU Charter of Fundamental Rights: the Dilemma of Stricter or Broader Application of the Charter to National Measures’ and ‘The European Social Charter in the context of implementation of the EU Charter of Fundamental Rights’ published by its Directorate-General for Internal Policies on 22 November 2016, 15 February 2016 and 12 January 2016 respectively (11),

| — | having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

| — | having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Employment and Social Affairs, the Committee on Civil Liberties, Justice and Home Affairs, the position in the form of amendments of the Committee on Women’s Rights and Gender Equality and the opinion of the Committee on Petitions (A8-0051/2019), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Employment and Social Affairs, the Committee on Civil Liberties, Justice and Home Affairs, the position in the form of amendments of the Committee on Women’s Rights and Gender Equality and the opinion of the Committee on Petitions (A8-0051/2019),

| A. | whereas the Lisbon Treaty has conferred the status of primary law on the Charter of Fundamental Rights of the European Union (hereinafter the Charter) within the EU legal framework, having the same legal value as the Treaties; |
| --- | --- |

A.

whereas the Lisbon Treaty has conferred the status of primary law on the Charter of Fundamental Rights of the European Union (hereinafter the Charter) within the EU legal framework, having the same legal value as the Treaties;

| B. | whereas this report does not assess each individual right contained in the Charter, but, rather, analyses implementation of the Charter as an instrument of primary law; |
| --- | --- |

B.

whereas this report does not assess each individual right contained in the Charter, but, rather, analyses implementation of the Charter as an instrument of primary law;

| C. | whereas social provisions are a crucial part of the Charter and the Union’s legal structure; whereas it is important to ensure respect for, and highlight the importance of, fundamental rights across the Union; |
| --- | --- |

C.

whereas social provisions are a crucial part of the Charter and the Union’s legal structure; whereas it is important to ensure respect for, and highlight the importance of, fundamental rights across the Union;

| D. | whereas, according to the CJEU, the fundamental rights recognised by the Charter are at the heart of the EU legal structure, and respect for them is a necessary precondition for the legality of any EU act; |
| --- | --- |

D.

whereas, according to the CJEU, the fundamental rights recognised by the Charter are at the heart of the EU legal structure, and respect for them is a necessary precondition for the legality of any EU act;

| E. | whereas the Charter encompasses, in line with the requirements of international human rights law and of its Article 51, both negative (non-violation) and positive (active promotion) obligations which should be equally fulfilled in order to give full operational character to its provisions; |
| --- | --- |

E.

whereas the Charter encompasses, in line with the requirements of international human rights law and of its Article 51, both negative (non-violation) and positive (active promotion) obligations which should be equally fulfilled in order to give full operational character to its provisions;

| F. | whereas Article 51 of the Charter circumscribes the scope of the Charter with regard to observing the principle of subsidiarity, taking account of the powers of the Member States and of the Union, and respecting the limits of the powers conferred on the Union in the Treaties; |
| --- | --- |

F.

whereas Article 51 of the Charter circumscribes the scope of the Charter with regard to observing the principle of subsidiarity, taking account of the powers of the Member States and of the Union, and respecting the limits of the powers conferred on the Union in the Treaties;

| G. | whereas Article 51(2) of the Charter makes it clear that the Charter does not extend the scope of Union law beyond the powers of the Union or establish any new power or task for the Union, or modify powers and tasks as defined in the Treaties; |
| --- | --- |

G.

whereas Article 51(2) of the Charter makes it clear that the Charter does not extend the scope of Union law beyond the powers of the Union or establish any new power or task for the Union, or modify powers and tasks as defined in the Treaties;

| H. | whereas the institutions, bodies, offices and agencies of the Union are continuously bound by the Charter, even when they act outside the EU legal framework; |
| --- | --- |

H.

whereas the institutions, bodies, offices and agencies of the Union are continuously bound by the Charter, even when they act outside the EU legal framework;

| I. | whereas, by virtue of Article 51, the provisions of the Charter apply to the Member States only when they implement Union law; whereas, however, the uncertain boundaries of such a requirement make it hard to determine whether and how the Charter applies concretely; |
| --- | --- |

I.

whereas, by virtue of Article 51, the provisions of the Charter apply to the Member States only when they implement Union law; whereas, however, the uncertain boundaries of such a requirement make it hard to determine whether and how the Charter applies concretely;

| J. | whereas the potential of the social and economic rights set out in the Charter has not been adequately exploited so far; whereas, recalling the opinion of the Secretary General of the Council of Europe, respect for social rights is not only an ethical imperative and a legal obligation, but also an economic necessity; |
| --- | --- |

J.

whereas the potential of the social and economic rights set out in the Charter has not been adequately exploited so far; whereas, recalling the opinion of the Secretary General of the Council of Europe, respect for social rights is not only an ethical imperative and a legal obligation, but also an economic necessity;

| K. | whereas Article 6 TEU also emphasises that fundamental rights, as guaranteed by the ECHR, must constitute general principles of the Union’s law; |
| --- | --- |

K.

whereas Article 6 TEU also emphasises that fundamental rights, as guaranteed by the ECHR, must constitute general principles of the Union’s law;

| L. | whereas Article 151 TFEU refers to fundamental social rights such as those set out in the European Social Charter; |
| --- | --- |

L.

whereas Article 151 TFEU refers to fundamental social rights such as those set out in the European Social Charter;

| M. | whereas its study of 22 November 2016 entitled ‘The Implementation of the Charter of Fundamental Rights in the EU institutional framework’ (12) considers, inter alia, the relevance of the Charter for the Commission’s activities under the Treaty Establishing the European Stability Mechanism (ESM Treaty) and in the context of the European Semester; whereas little attention is being paid to the social rights set out in the Charter in the economic governance of the Union; whereas these rights must be considered genuine fundamental rights; |
| --- | --- |

M.

whereas its study of 22 November 2016 entitled ‘The Implementation of the Charter of Fundamental Rights in the EU institutional framework’ (12) considers, inter alia, the relevance of the Charter for the Commission’s activities under the Treaty Establishing the European Stability Mechanism (ESM Treaty) and in the context of the European Semester; whereas little attention is being paid to the social rights set out in the Charter in the economic governance of the Union; whereas these rights must be considered genuine fundamental rights;

| N. | whereas the commitment in the European Pillar of Social Rights to delivering new and more effective rights for citizens in the areas of equal opportunities and access to the labour market, fair working conditions and social protection and inclusion further enhances the rights enshrined in the Charter; |
| --- | --- |

N.

whereas the commitment in the European Pillar of Social Rights to delivering new and more effective rights for citizens in the areas of equal opportunities and access to the labour market, fair working conditions and social protection and inclusion further enhances the rights enshrined in the Charter;

| O. | whereas the principle of gender equality is a core value of the EU and is enshrined in the EU Treaties and the Charter; whereas Article 8 TFEU establishes the principle of gender mainstreaming by stating that ‘In all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women’; |
| --- | --- |

O.

whereas the principle of gender equality is a core value of the EU and is enshrined in the EU Treaties and the Charter; whereas Article 8 TFEU establishes the principle of gender mainstreaming by stating that ‘In all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women’;

| P. | whereas the transparency of the EU legislative and decision-making processes is a corollary of the right to good administration, as set out in Article 41 of the Charter, and an essential precondition for citizens to be able to assess and properly monitor the implementation of the Charter by the EU institutions; |
| --- | --- |

P.

whereas the transparency of the EU legislative and decision-making processes is a corollary of the right to good administration, as set out in Article 41 of the Charter, and an essential precondition for citizens to be able to assess and properly monitor the implementation of the Charter by the EU institutions;

| Q. | whereas the promotion, by the institutions, bodies, offices and agencies of the Union, of the broad spectrum of rights provided for in the Charter — ranging from civil and political to social, economic and third-generation rights — would constitute a crucial impetus to develop a European public sphere and to give tangible expression to the concept of European citizenship and to the EU participatory dimension enshrined in the Treaties; |
| --- | --- |

Q.

whereas the promotion, by the institutions, bodies, offices and agencies of the Union, of the broad spectrum of rights provided for in the Charter — ranging from civil and political to social, economic and third-generation rights — would constitute a crucial impetus to develop a European public sphere and to give tangible expression to the concept of European citizenship and to the EU participatory dimension enshrined in the Treaties;

| R. | whereas the FRA has formulated a number of recommendations for the effective implementation of the Charter in its opinions entitled ‘Improving access to remedy in the area of business and human rights at the EU level’ (13) and ‘Challenges and opportunities for the implementation of the Charter of Fundamental Rights’ (14); |
| --- | --- |

R.

whereas the FRA has formulated a number of recommendations for the effective implementation of the Charter in its opinions entitled ‘Improving access to remedy in the area of business and human rights at the EU level’ (13) and ‘Challenges and opportunities for the implementation of the Charter of Fundamental Rights’ (14);

| S. | whereas Article 24 of the Charter sets out the rights of the child, obliging public authorities and private institutions to make children’s best interests a primary consideration; |
| --- | --- |

S.

whereas Article 24 of the Charter sets out the rights of the child, obliging public authorities and private institutions to make children’s best interests a primary consideration;

| T. | whereas Article 14 of the Charter emphasises the right of every child to a free education; |
| --- | --- |

T.

whereas Article 14 of the Charter emphasises the right of every child to a free education;

Strengthening the integration of the Charter in the legislative and decision-making processes

| 1. | Strongly believes that the Commission’s Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union (COM(2010)0573) constituted an initial effort after the entry into force of the Charter, but urgently needs to be updated; welcomes the annual reports on the application of the Charter by the Commission, and calls for a review of this strategy, which was elaborated in 2010, in order to update it to take account of the new challenges and institutional reality, particularly after Brexit; |
| --- | --- |

1.

| 2. | Recognises the several important steps made by the EU institutions to integrate the Charter into the EU legislative and decision-making processes; notes that the principal role of the Charter is to ensure that the EU’s legislation is in full compliance with rights and principles enshrined in it, and acknowledges the difficulties involved in actively promoting them and ensuring their fulfilment; |
| --- | --- |

2.

| 3. | Stresses that it is important that all proposals for Union legislation must respect the fundamental rights enshrined in the Charter; |
| --- | --- |

3.

| 4. | Recalls that the procedures established by the EU institutions to assess the compatibility of legislative proposals with the Charter are mainly of an internal nature; calls for the opportunity to provide for enhanced forms of consultation, impact assessments, including specific gender impact assessments, and legal scrutiny with the involvement of independent experts in the field of fundamental rights; calls on the Commission to promote structured and regulated cooperation with human rights bodies, such as the FRA, the European Institute for Gender Equality (EIGE) and the relevant bodies of the Council of Europe and of the United Nations, and civil society organisations working in the field, whenever a legislative file potentially promotes or negatively affects fundamental rights; |
| --- | --- |

4.

| 5. | Calls for the Commission, the Council and Parliament to revise Regulation (EC) No 168/2007 in order to allow the FRA to deliver non-binding opinions on draft EU legislation on its own initiative, and to promote systematic consultations with the Agency; |
| --- | --- |

5.

| 6. | Calls on the Commission, the other EU institutions and Member States’ national and regional governments to consult the FRA when fundamental rights are at stake; |
| --- | --- |

6.

| 7. | Recognises the vital role of the FRA in assessing compliance with the Charter and welcomes the work that the Agency has undertaken; encourages the FRA to continue advising and supporting EU institutions and Member States on improving the culture of fundamental rights across the Union; welcomes the recently adopted FRA Strategy for 2018-2022; |
| --- | --- |

7.

| 8. | Takes note of the CLARITY interactive online tool developed by the FRA in order to enable easy identification of the most appropriate non-judicial body with a human rights remit for a particular fundamental rights issue; |
| --- | --- |

8.

| 9. | Calls on the Commission to ensure comprehensive impact assessments through a balanced evaluation of economic, social and environmental consequences and a revision of its decision to divide its considerations on fundamental rights into the current three categories– economic, social and environmental effects — and to create two specific categories entitled ‘Effects on fundamental rights’ and ‘Gender impact assessment’, so as to guarantee that all aspects of fundamental rights are assessed; |
| --- | --- |

9.

| 10. | Calls on the Commission to take systematic action at Union level in order to uphold and fulfil the provisions of the Charter and to ensure that Union law is adapted to take account of the legal and jurisprudential developments of international human rights law; in this regard, reiterates furthermore its call on the Commission to submit a proposal giving effect to Parliament’s resolution of 25 October 2016 on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (15), which would allow for the systematic screening of developments in the EU institutions and bodies and in the Member States that would call for action to protect and fulfil the rights, freedoms and principles of the Charter; suggests, in particular, that the conditions set out in the Copenhagen criteria relating to fundamental rights should not simply be used once as preconditions for accession, but that Member States be periodically assessed to gauge compliance with them; |
| --- | --- |

10.

| 11. | Notes that the Ombudsman also plays a relevant role in guaranteeing respect for fundamental rights in the context of the Charter, not only in relation to Article 41 on the right to good administration as such, but also by taking into account the fact that such good administration is a cornerstone in terms of securing other fundamental rights; recalls the exemplary work of the Ombudsman in the field of transparency and freedom of information among others, as well as the Special Report on Frontex (16) during this parliamentary term dealing in particular with the complaint rights of asylum seekers and migrants; |
| --- | --- |

11.

| 12. | Understands that jurisprudence will have an impact on the scope of the Charter and that this must be taken into consideration; |
| --- | --- |

12.

| 13. | Calls for the EU legislators to acknowledge the outcomes of the judgment of the General Court of 22 March 2018 (case T-540/15) on access to the documents of the trilogues (17) and act accordingly; insists on the necessity of enhancing transparency and access to documents between EU institutions, in order to develop more effective interinstitutional cooperation, including accountability on matters related to fundamental rights; urges the Council to swiftly address the concerns raised with regard to the transparency of its decision-making process and access to documents in line with the relevant recommendations of the European Ombudsman; |
| --- | --- |

13.

Mainstreaming the Charter into EU policies

| 14. | Recalls that EU policy-making relies upon the principles and objectives set out in Articles 2, 3, 4, 5 and 6 TEU, while fully endorsing and implementing the requirements enshrined in the provisions having general application of Title II, Part I, of the TFEU; |
| --- | --- |

14.

| 15. | Calls for the EU institutions to strengthen the implementation of gender mainstreaming in all EU activities in order to combat gender discrimination and promote gender equality; |
| --- | --- |

15.

| 16. | Reaffirms that all legal acts adopted by the Union must fully comply with all of the Charter’s provisions, including its social provisions; stresses the importance of incorporating explicit references to the Charter within the legal framework regulating EU economic and monetary policy; stresses that recourse to intergovernmental arrangements does not relieve the EU institutions of their obligations to assess the compatibility of such instruments with EU law, including the Charter; |
| --- | --- |

16.

| 17. | Deems it crucial that the Union take resolute steps to strengthen its own engagements in guaranteeing the enjoyment of all of the rights of the Charter, including social rights; |
| --- | --- |

17.

| 18. | Calls on the Commission to ensure that the European Semester process, including the country-specific recommendations and the annual growth survey recommendations, comply with the normative components of the social rights of the Charter; |
| --- | --- |

18.

| 19. | Supports the introduction of strong and consistent fundamental rights clauses into the operational texts of the draft regulations establishing EU funds; |
| --- | --- |

19.

| 20. | Calls on the Commission and the Council to make macroeconomic decisions having due regard to fundamental rights assessments, based on the full range of civil, political and social rights guaranteed by the European and international human rights law instruments; |
| --- | --- |

20.

| 21. | Calls on the Commission to look into what steps are needed for accession by the European Union to the European Social Charter, and to propose a timeframe for achieving that objective; |
| --- | --- |

21.

| 22. | Recalls that, on the basis of the powers laid down in the Treaties, it is primarily the responsibility of the Member States to put social policy into practice, hence also to impart effectiveness and tangible expression to the social provisions enshrined in the Charter; reiterates, however, its proposal, in the context of a possible revision of the Treaties, for a social protocol to be incorporated into them in order to strengthen fundamental social rights in relation to economic freedoms; |
| --- | --- |

22.

| 23. | Takes note of the de facto crucial, but informal, role of the Eurogroup in the economic governance of the euro area, and of the impact that its decisions might have in influencing policy-making, without being counterbalanced by appropriate mechanisms of democratic accountability and judicial control; reminds its members of their horizontal obligations deriving from Articles 2 and 6 TEU and from the Charter; |
| --- | --- |

23.

| 24. | Calls on the Commission and the European Central Bank to fully comply with the Charter in fulfilling their tasks under the European Stability Mechanism, including the lending practices of the latter, in view of the jurisprudence of the CJEU; |
| --- | --- |

24.

| 25. | Recalls that the Union’s action on the international scene must be guided by the principles enshrined in Article 21(1) TEU; is convinced that full respect for and promotion of the Charter’s provisions inside the EU represents a benchmark for assessing the legitimacy and credibility of the Union’s behaviour in its international relations, including within the framework of the enlargement process pursuant to Article 49 TEU; |
| --- | --- |

25.

| 26. | Notes the limited jurisdiction of the CJEU in the field of Common Foreign and Security Policy (CFSP), and warns against any potential limitation of the rights to an effective remedy as enshrined in the Charter; |
| --- | --- |

26.

| 27. | Reminds the EU institutions of their human rights obligations within the scope of the Charter, also in the field of trade policy; encourages the Commission to carry out specific human rights impact assessments prior to the conclusion of any trade negotiation by making reference to the UN Guiding Principles on human rights impact assessments of trade and investment agreements; |
| --- | --- |

27.

| 28. | Recalls that both the Treaties and the Charter make reference to the protection of national minorities and discrimination on grounds of language; calls for concrete administrative steps within the EU institutions to encourage national governments to find sustainable solutions and to promote the culture of linguistic diversity in their Member States, beyond the official EU languages; |
| --- | --- |

28.

| 29. | Recalls the obligation laid down in article 6 TEU to accede to the ECHR; asks the Commission to take the necessary steps to eliminate the legal barriers that prevent the conclusion of the accession process, and to present a new draft agreement for the accession of the Union to the ECHR providing positive solutions to the objections raised by the CJEU in Opinion 2/13 of 18 December 2014; considers that its completion would introduce further safeguards protecting the fundamental rights of Union citizens and residents and provide an additional mechanism for enforcing human rights, namely the possibility of lodging a complaint with the ECtHR in relation to a violation of human rights derived from an act by an EU institution or a Member State implementing EU law, falling within the remit of the ECHR; is of the opinion, furthermore, that ECtHR case law will thus provide extra input for current and future EU action on the respect for, and promotion of, human rights and fundamental freedoms in the areas of civil liberties, justice and home affairs, in addition to the case law of the CJEU in this field; |
| --- | --- |

29.

| 30. | Calls for the adoption of the horizontal Anti-Discrimination Directive (18) to be concluded without delay in order to further guarantee fundamental rights in the EU by means of concrete EU legislation; |
| --- | --- |

30.

The Charter and the EU Agencies

| 31. | Highlights the potential of certain EU agencies to offer support to Member States in fulfilling their obligations deriving from the Charter, by frequently acting as an operational link between the EU and national spheres; points out that this task can only be effectively performed by developing a fully-fledged fundamental rights practice within the agencies operating in the sphere of justice and home affairs and/or those whose activities could have an impact on the rights and principles derived from the Charter, taking into account both the internal and external dimensions of the protection and promotion of fundamental rights; |
| --- | --- |

31.

| 32. | Calls on the relevant EU agencies to step up work to implement the gender equality principles enshrined in the Charter, including by ensuring that all the EU institutions and agencies pursue a policy of zero tolerance towards all forms of sexual violence and physical or psychological harassment; calls for all the EU institutions and agencies to fully implement its resolution of 26 October 2017 on combating sexual harassment and abuse in the EU (19); |
| --- | --- |

32.

| 33. | Takes note of the differentiated range of policies and instruments developed by the various agencies to give effect to their fundamental human rights’ obligations, resulting in varying degrees of implementation; stresses the need to promote EU intra-agency cooperation as well as structured dialogues with independent human rights experts, and to build on existing best practices, in order to advance a common and strengthened human rights framework; |
| --- | --- |

33.

| 34. | Calls on the EU agencies operating in the sphere of justice and home affairs and/or those whose activities could have an impact on the rights and principles deriving from the Charter to adopt internal fundamental rights strategies and to promote regular fundamental rights and Charter training sessions for their staff at all levels; |
| --- | --- |

34.

| 35. | Regrets the absence, in many EU agencies’ founding regulations, of an explicit reference to the Charter; calls on the co-legislators to fill this gap, where necessary, whenever regulations or decisions setting up agencies are drafted or revised, and to provide, taking account of the mandate and the specificities of each individual agency, for additional operational mechanisms ensuring compliance with the Charter; |
| --- | --- |

35.

Supporting Member States in implementing the Charter at national level

| 36. | Recalls that the EU and national dimensions of the Charter are inextricably linked and complement each other in ensuring that the Charter’s provisions are consistently applied within the overall EU legal framework; |
| --- | --- |

36.

| 37. | Highlights the persistent awareness-gap concerning the Charter, its scope and degree of application among both rights-holders who benefit from its protection and legal and human rights experts, and deplores the scarcity of national action devoted to remedying such a deficiency; |
| --- | --- |

37.

| 38. | Calls on the Commission to strengthen its awareness-raising activities concerning the Charter, with the full involvement of civil society organisations, and to promote and fund Charter-targeted training modules for national judges, legal practitioners as well as civil servants, aimed also at improving knowledge of Union policies and Union law, including inter alia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case law of the CJEU, legal language and comparative law; calls on the Commission, furthermore, to equip the Member States with practical guidelines supporting them in the implementation of the Charter at national level; asks the Commission, in this context, to give full visibility to the FRA’s recently published Handbook on Applying the Charter of Fundamental Rights of the European Union in law and policymaking at national level; |
| --- | --- |

38.

| 39. | Encourages the Member States to regularly exchange information and experience on the use, application and oversight of the Charter, and to mainstream the examples of best practice already developed at national level; encourages the Member States to review their procedural rules on legal scrutiny and impact assessments of bills from the perspective of the Charter; notes that such procedures should explicitly refer to the Charter, in the same way as they do to national human rights instruments, to minimise the risk of the Charter being overlooked; |
| --- | --- |

39.

| 40. | Points out that the loopholes in the transposition and proper implementation of EU law in Member States can have a genuine impact on the enjoyment of EU fundamental rights; recalls, in this context, the Commission’s role as guardian of the Treaties, rendering it ultimately — if not primarily — responsible for safeguarding fundamental rights, including through infringement procedures, where needed; calls in this regard for more determined leadership in ensuring adequate implementation of EU legislation; |
| --- | --- |

40.

Toward a more consistent interpretation of the Charter

| 41. | Is convinced that different interpretations concerning the application of the provisions of the Charter by the EU institutions, bodies, offices and agencies of the Union and the Member States are detrimental to the added value brought by the Charter, namely that of representing a set of common minimum standards of protection to be applied horizontally to all institutional actors and policies and activities connected to the EU sphere; |
| --- | --- |

41.

| 42. | Stresses that the incorporation of the Charter into primary EU law, while not extending the Union’s competences, and while respecting the principle of subsidiarity as defined in its Article 51, creates new responsibilities for the decision-making and implementing institutions, as well as for Member States when implementing EU legislation at national level, and that the Charter’s provisions have thus become directly enforceable by European and national courts; |
| --- | --- |

42.

| 43. | Encourages the EU institutions and the Member States to allow for more straightforward application of the Charter as a whole; |
| --- | --- |

43.

| 44. | Regrets that to date, the Republic of Poland and the United Kingdom have not decided to withdraw from Protocol No 30 of the Treaties; |
| --- | --- |

44.

o

o o

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

45.

---

(1)  OJ C 337, 20.9.2018, p. 167.

(2)  OJ C 301 E, 13.12.2007, p. 229.

(3)  OJ C 215, 19.6.2018, p. 162.

(4)  OJ C 242, 10.7.2018, p. 24.

(5)  OJ C 337, 20.9.2018, p. 120.

(6)  OJ L 145, 31.5.2001, p. 43.

(7)  OJ L 53, 22.2.2007, p. 1.

(8)  ECLI:EU:C:2016:701.

(9)  ECLI:EU:C:2018:871.

(10)  ECLI:EU:C:2014:2454.

(11)  Study entitled ‘The implementation of the Charter of Fundamental Rights in the EU institutional framework’, European Parliament, Directorate-General for Internal Policies, Policy Department C, 22 November 2016; study entitled ‘The interpretation of Article 51 of the EU Charter of Fundamental Rights: the Dilemma of Stricter or Broader Application of the Charter to National Measures’, Directorate-General for Internal Policies, Policy Department C, 15 February 2016 and study entitled ‘The European Social Charter in the context of implementation of the EU Charter of Fundamental Rights’ of 12 January 2016.

(12)  ‘The Implementation of the Charter of Fundamental Rights in the EU institutional framework’, European Parliament, Directorate-General for Internal Policies, Policy Department C — Citizens’ Rights and Constitutional Affairs, 22 November 2016.

(13)  FRA Opinion 1/2017, 10 April 2017.

(14)  FRA Opinion 4/2018, 24 September 2018.

(15)  OJ C 215, 19.6.2018, p. 162.

(16)  European Parliament resolution of 2 December 2015 on the Special Report of the European Ombudsman in own-initiative inquiry OI/5/2012/BEH-MHZ concerning Frontex, OJ C 399, 24.11.2017, p. 2.

(17)  Judgment of the General Court of 22 March 2018, Emilio de Capitani v European Parliament, T-540/15, ECLI:EU:T:2018:167.

(18)  Commission proposal of 2 July 2008 for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426).

(19)  OJ C 346, 27.9.2018, p. 192.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/37 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/37

---

P8_TA(2019)0081

A comprehensive European industrial policy on artificial intelligence and robotics

European Parliament resolution of 12 February 2019 on a comprehensive European industrial policy on artificial intelligence and robotics (2018/2088(INI))

(2020/C 449/06)

The European Parliament,

| — | having regard to its resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (1), |
| --- | --- |

—

having regard to its resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (1),

| — | having regard to its resolution of 1 June 2017 on digitising European industry (2), |
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—

having regard to its resolution of 1 June 2017 on digitising European industry (2),

| — | having regard to its resolution of 12 September 2018 on autonomous weapon systems (3), |
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—

having regard to its resolution of 12 September 2018 on autonomous weapon systems (3),

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

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

| — | having regard to the Commission proposal of 6 June 2018 establishing the Digital Europe programme for the period 2021-2027 (COM(2018)0434), |
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—

having regard to the Commission proposal of 6 June 2018 establishing the Digital Europe programme for the period 2021-2027 (COM(2018)0434),

| — | having regard to Council Regulation (EU) 2018/1488 of 28 September 2018 establishing the European High Performance Computing Joint Undertaking (5), |
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—

having regard to Council Regulation (EU) 2018/1488 of 28 September 2018 establishing the European High Performance Computing Joint Undertaking (5),

| — | having regard to Rule 52 of its Rules of Procedure, |
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—

having regard to Rule 52 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on the Internal Market and Consumer Protection, the Committee on Legal Affairs, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on the Environment, Public Health and Food Safety (A8-0019/2019), |
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—

having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on the Internal Market and Consumer Protection, the Committee on Legal Affairs, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on the Environment, Public Health and Food Safety (A8-0019/2019),

| A. | whereas transparent, ethics-embedded artificial intelligence (AI) and robotics have the potential to enrich our lives and further our capabilities, for both individuals and the common good; |
| --- | --- |

A.

whereas transparent, ethics-embedded artificial intelligence (AI) and robotics have the potential to enrich our lives and further our capabilities, for both individuals and the common good;

| B. | whereas developments in AI are unfolding at a fast pace, and whereas AI has already played a part in our daily lives for a number of years; whereas AI and robotics are boosting innovation, leading to new business models and playing a key role in transforming our societies and digitalising our economies in many sectors, such as industry, healthcare, construction and transport; |
| --- | --- |

B.

whereas developments in AI are unfolding at a fast pace, and whereas AI has already played a part in our daily lives for a number of years; whereas AI and robotics are boosting innovation, leading to new business models and playing a key role in transforming our societies and digitalising our economies in many sectors, such as industry, healthcare, construction and transport;

| C. | whereas the increasing integration of robotics in human systems requires strong policy guidance on how to maximise the benefits and minimise the risks for society and ensure a safe, equitable development of artificial intelligence; |
| --- | --- |

C.

whereas the increasing integration of robotics in human systems requires strong policy guidance on how to maximise the benefits and minimise the risks for society and ensure a safe, equitable development of artificial intelligence;

| D. | whereas artificial intelligence is one of the strategic technologies for the 21st century both globally and in Europe, bringing positive change for the European economy, enabling innovation, productivity, competitiveness and wellbeing; |
| --- | --- |

D.

whereas artificial intelligence is one of the strategic technologies for the 21st century both globally and in Europe, bringing positive change for the European economy, enabling innovation, productivity, competitiveness and wellbeing;

| E. | whereas around a quarter of all industrial robots and half of all professional service robots in the world are produced by European companies, and whereas the EU therefore already has important assets on which it should base its European industrial policy; |
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E.

whereas around a quarter of all industrial robots and half of all professional service robots in the world are produced by European companies, and whereas the EU therefore already has important assets on which it should base its European industrial policy;

| F. | whereas AI and robotics have the potential to reshape multiple industries and lead to greater efficiencies in production as well as making European industry and SMEs more competitive globally; whereas the availability of large-scale datasets and testing and experimentation facilities are of major importance for the development of artificial intelligence; |
| --- | --- |

F.

whereas AI and robotics have the potential to reshape multiple industries and lead to greater efficiencies in production as well as making European industry and SMEs more competitive globally; whereas the availability of large-scale datasets and testing and experimentation facilities are of major importance for the development of artificial intelligence;

| G. | whereas a common approach will facilitate the development of AI technologies for the benefit of society, while also addressing the challenges presented by these technologies in order to foster innovation, enhance the quality of AI-enabled products and services, improve consumer experience and trust in AI technologies and robotics, and avoid fragmentation of the internal market; |
| --- | --- |

G.

whereas a common approach will facilitate the development of AI technologies for the benefit of society, while also addressing the challenges presented by these technologies in order to foster innovation, enhance the quality of AI-enabled products and services, improve consumer experience and trust in AI technologies and robotics, and avoid fragmentation of the internal market;

| H. | whereas computing performance must be maintained at a leading level in the Union, which should provide opportunities for the EU supply industry and increase its effectiveness in turning technological developments into demand-oriented, application-driven products and services, leading to their uptake in large-scale and emerging applications underpinned by artificial intelligence; |
| --- | --- |

H.

whereas computing performance must be maintained at a leading level in the Union, which should provide opportunities for the EU supply industry and increase its effectiveness in turning technological developments into demand-oriented, application-driven products and services, leading to their uptake in large-scale and emerging applications underpinned by artificial intelligence;

| I. | whereas a coordinated approach at European level is urgently needed for the EU to be able to compete with the massive investments made by third countries, especially the US and China; |
| --- | --- |

I.

whereas a coordinated approach at European level is urgently needed for the EU to be able to compete with the massive investments made by third countries, especially the US and China;

| J. | whereas on 25 April 2018 (6) the Commission committed to proposing a European approach to artificial intelligence by developing draft AI guidelines in cooperation with stakeholders within the AI alliance, a group of artificial intelligence experts, in order to boost AI-powered applications and businesses in Europe; |
| --- | --- |

J.

whereas on 25 April 2018 (6) the Commission committed to proposing a European approach to artificial intelligence by developing draft AI guidelines in cooperation with stakeholders within the AI alliance, a group of artificial intelligence experts, in order to boost AI-powered applications and businesses in Europe;

| K. | whereas existing rules and processes ought to be reviewed, and if necessary modified, to account for artificial intelligence and robotics; |
| --- | --- |

K.

whereas existing rules and processes ought to be reviewed, and if necessary modified, to account for artificial intelligence and robotics;

| L. | whereas the European framework for AI must be developed with full respect for the rights enshrined in the Charter of Fundamental Rights, and in particular with respect to the principles of data protection, privacy and security; |
| --- | --- |

L.

whereas the European framework for AI must be developed with full respect for the rights enshrined in the Charter of Fundamental Rights, and in particular with respect to the principles of data protection, privacy and security;

| M. | whereas developments in artificial intelligence can and should be designed in such a way that they preserve the dignity, autonomy and self-determination of the individual; |
| --- | --- |

M.

whereas developments in artificial intelligence can and should be designed in such a way that they preserve the dignity, autonomy and self-determination of the individual;

| N. | whereas in its resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics, Parliament called on the Commission to propose a coherent legal framework regarding the development of robotics, including autonomous systems and smart autonomous robots; |
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N.

whereas in its resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics, Parliament called on the Commission to propose a coherent legal framework regarding the development of robotics, including autonomous systems and smart autonomous robots;

| O. | whereas the development of AI and robotics needs to include society as a whole; whereas, however, in 2017, rural areas remained largely excluded from the benefits of AI, as 8 % of homes were not covered by any fixed network, and 53 % were not covered by any ‘next-generation access’ technology (VDSL, Cable Docsis 3.0 or FTTP); |
| --- | --- |

O.

whereas the development of AI and robotics needs to include society as a whole; whereas, however, in 2017, rural areas remained largely excluded from the benefits of AI, as 8 % of homes were not covered by any fixed network, and 53 % were not covered by any ‘next-generation access’ technology (VDSL, Cable Docsis 3.0 or FTTP);

| P. | whereas development of AI-enabled services and products requires connectivity, free flow of data and accessibility of data within the EU; whereas use of advanced data mining techniques in products and services may help to increase the quality of decision-making, and hence consumer choice, and improve business performance; |
| --- | --- |

P.

whereas development of AI-enabled services and products requires connectivity, free flow of data and accessibility of data within the EU; whereas use of advanced data mining techniques in products and services may help to increase the quality of decision-making, and hence consumer choice, and improve business performance;

| Q. | whereas technological developments in smart products and services can benefit the knowledge economy, which is based on the quantity, quality and accessibility of information available, and can thus lead to better adaptation to consumer needs; |
| --- | --- |

Q.

whereas technological developments in smart products and services can benefit the knowledge economy, which is based on the quantity, quality and accessibility of information available, and can thus lead to better adaptation to consumer needs;

| R. | whereas cybersecurity is vital for ensuring that data is not maliciously corrupted or misused to make AI function in a way that is detrimental to citizens or companies, which would undermine industry and consumer trust in AI; whereas developments in AI increase reliance on these systems for actions and decisions, which in turn necessitates high standards of cyber resilience in the EU to protect against cybersecurity breaches and failures; |
| --- | --- |

R.

whereas cybersecurity is vital for ensuring that data is not maliciously corrupted or misused to make AI function in a way that is detrimental to citizens or companies, which would undermine industry and consumer trust in AI; whereas developments in AI increase reliance on these systems for actions and decisions, which in turn necessitates high standards of cyber resilience in the EU to protect against cybersecurity breaches and failures;

| S. | whereas the trend towards automation requires that those involved in the development and commercialisation of artificial intelligence applications build in security and ethics at the outset, thereby recognising that they must be prepared to accept legal liability for the quality of the technology they produce; |
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S.

whereas the trend towards automation requires that those involved in the development and commercialisation of artificial intelligence applications build in security and ethics at the outset, thereby recognising that they must be prepared to accept legal liability for the quality of the technology they produce;

| T. | whereas the building of a trusted ecosystem for the development of AI technology should be based on data policy architecture; whereas this implies the creation of smooth and simplified data collection and management programmes for educational research purposes to enable the development of AI in many domains: medical, financial, biological, energy, industrial, chemical or public sector; whereas a data-driven AI ecosystem could comprise pan-European initiatives launched on open standards and based on mutual recognition of certificates and transparent rules of interoperability; |
| --- | --- |

T.

whereas the building of a trusted ecosystem for the development of AI technology should be based on data policy architecture; whereas this implies the creation of smooth and simplified data collection and management programmes for educational research purposes to enable the development of AI in many domains: medical, financial, biological, energy, industrial, chemical or public sector; whereas a data-driven AI ecosystem could comprise pan-European initiatives launched on open standards and based on mutual recognition of certificates and transparent rules of interoperability;

| U. | whereas the use of AI alone does not ensure truth or fairness, as bias can emerge in how the data is collected and how the algorithm is written and can stem from bias present in society; whereas data quality, together with algorithmic design and constant re-evaluation processes, should prevent bias; |
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U.

whereas the use of AI alone does not ensure truth or fairness, as bias can emerge in how the data is collected and how the algorithm is written and can stem from bias present in society; whereas data quality, together with algorithmic design and constant re-evaluation processes, should prevent bias;

| V. | whereas AI and robotics should be developed and deployed in a human-centred approach with the aim of supporting humans at work and at home; whereas AI can also be used to avoid people having to do dangerous jobs; |
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V.

whereas AI and robotics should be developed and deployed in a human-centred approach with the aim of supporting humans at work and at home; whereas AI can also be used to avoid people having to do dangerous jobs;

| W. | whereas further development and increased use of automated and algorithmic decision-making undoubtedly has an impact on the choices that an individual (such as a businessperson or an internet user) and an administrative, judicial or other public authority make in reaching a final decision of a consumer, business or authoritative nature; whereas safeguards and the possibility of human control and verification need to be built in to the process of automated and algorithmic decision-making; |
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W.

whereas further development and increased use of automated and algorithmic decision-making undoubtedly has an impact on the choices that an individual (such as a businessperson or an internet user) and an administrative, judicial or other public authority make in reaching a final decision of a consumer, business or authoritative nature; whereas safeguards and the possibility of human control and verification need to be built in to the process of automated and algorithmic decision-making;

| X. | whereas machine learning also raises challenges in terms of ensuring non-discrimination, due process, transparency and understandability in decision-making processes; |
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X.

whereas machine learning also raises challenges in terms of ensuring non-discrimination, due process, transparency and understandability in decision-making processes;

| Y. | whereas AI constitutes a significant tool for addressing global societal challenges, and whereas the Member States should, therefore, through their public policy, promote investment, make funds available for R&D and address barriers in the development and adoption of AI; |
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Y.

whereas AI constitutes a significant tool for addressing global societal challenges, and whereas the Member States should, therefore, through their public policy, promote investment, make funds available for R&D and address barriers in the development and adoption of AI;

| Z. | whereas commercial artificial intelligence platforms have moved from testing to real applications in health, the environment, energy and transport; whereas machine-learning techniques are at the heart of all main web platforms and big data applications; |
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Z.

whereas commercial artificial intelligence platforms have moved from testing to real applications in health, the environment, energy and transport; whereas machine-learning techniques are at the heart of all main web platforms and big data applications;

| AA. | whereas Europe’s researchers and companies are involved in a wide variety of blockchain topics, ranging from the supply chain, government services, finance, internet of things (IoT), healthcare, media, smart cities, energy and transport; whereas Europe is a strong player in important blockchain-related fields such as AI; whereas blockchain can play an important role in enhancing European innovation; |
| --- | --- |

AA.

whereas Europe’s researchers and companies are involved in a wide variety of blockchain topics, ranging from the supply chain, government services, finance, internet of things (IoT), healthcare, media, smart cities, energy and transport; whereas Europe is a strong player in important blockchain-related fields such as AI; whereas blockchain can play an important role in enhancing European innovation;

| AB. | whereas cybersecurity technologies such as digital identities, cryptography or intrusion detection, and their application in areas such as finance, industry 4.0, energy, transportation, healthcare and e-government, are essential to safeguard security and trust in online activity and transactions by citizens, public administrations and companies alike; |
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AB.

whereas cybersecurity technologies such as digital identities, cryptography or intrusion detection, and their application in areas such as finance, industry 4.0, energy, transportation, healthcare and e-government, are essential to safeguard security and trust in online activity and transactions by citizens, public administrations and companies alike;

| AC. | whereas text and data mining serves as a foundation for AI and machine learning applications, and are vital for SMEs and start-ups because they allow them to access large quantities of data to train AI algorithms; |
| --- | --- |

AC.

whereas text and data mining serves as a foundation for AI and machine learning applications, and are vital for SMEs and start-ups because they allow them to access large quantities of data to train AI algorithms;

| AD. | whereas AI could prove to be very energy intensive; whereas, in light of this, it is important that the use of AI advances in keeping with the EU’s existing energy efficiency and circular economy targets; |
| --- | --- |

AD.

whereas AI could prove to be very energy intensive; whereas, in light of this, it is important that the use of AI advances in keeping with the EU’s existing energy efficiency and circular economy targets;

| AE. | whereas AI should fully support all European languages to provide all Europeans with equal opportunities to benefit from modern AI developments within the multilingual European information society; |
| --- | --- |

AE.

whereas AI should fully support all European languages to provide all Europeans with equal opportunities to benefit from modern AI developments within the multilingual European information society;

| AF. | whereas, in industry and services associated with high technology, AI is key to turning Europe into a ‘start-up continent’ by exploiting the latest technologies to generate growth in Europe, in particular in the areas of health technology, healthcare services and programmes, drug discovery, robotic and robot-assisted surgery, treatment of chronic diseases, and medical imaging and records, as well as securing a sustainable environment and safe food production; whereas Europe is currently lagging behind North America and Asia in terms of research and patents in the field of artificial intelligence; |
| --- | --- |

AF.

whereas, in industry and services associated with high technology, AI is key to turning Europe into a ‘start-up continent’ by exploiting the latest technologies to generate growth in Europe, in particular in the areas of health technology, healthcare services and programmes, drug discovery, robotic and robot-assisted surgery, treatment of chronic diseases, and medical imaging and records, as well as securing a sustainable environment and safe food production; whereas Europe is currently lagging behind North America and Asia in terms of research and patents in the field of artificial intelligence;

| AG. | whereas the development of AI technologies may help to improve the lives of people with chronic illnesses and disabilities and address social challenges such as our ageing population by making health technology more precise and effective in providing healthcare; |
| --- | --- |

AG.

whereas the development of AI technologies may help to improve the lives of people with chronic illnesses and disabilities and address social challenges such as our ageing population by making health technology more precise and effective in providing healthcare;

| AH. | whereas there is a broad catalogue of possible applications of AI and robotics in medical care, such as managing medical records and data, performing repetitive jobs (analysing tests, X-rays, CT scans, data entry), treatment design, digital consultation (such as medical consultation based on personal medical history and common medical knowledge), virtual nurses, medication management, drug creation, precision medicine (as genetics and genomics look for mutations and links to disease from the information in DNA), health monitoring and healthcare system analysis, among other applications; |
| --- | --- |

AH.

whereas there is a broad catalogue of possible applications of AI and robotics in medical care, such as managing medical records and data, performing repetitive jobs (analysing tests, X-rays, CT scans, data entry), treatment design, digital consultation (such as medical consultation based on personal medical history and common medical knowledge), virtual nurses, medication management, drug creation, precision medicine (as genetics and genomics look for mutations and links to disease from the information in DNA), health monitoring and healthcare system analysis, among other applications;

| AI. | whereas accessibility does not mean the same services and appliances for all; whereas the accessibility of AI and robotics is based on inclusive planning and design; whereas the user’s needs, wishes and experiences need to be the starting point of the design; |
| --- | --- |

AI.

whereas accessibility does not mean the same services and appliances for all; whereas the accessibility of AI and robotics is based on inclusive planning and design; whereas the user’s needs, wishes and experiences need to be the starting point of the design;

| AJ. | whereas there are strong ethical, psychological and legal concerns about the autonomy of robots, their obvious lack of human empathy and their impact on the doctor-patient relationship, which have not yet been properly addressed at EU level, in particular as regards the protection of patients’ personal data, liability, and the new economic and employment relationships that will be brought about; whereas ‘autonomy’ as such can only by fully attributed to human beings; whereas there is a need for a robust legal and ethical framework for artificial intelligence; |
| --- | --- |

AJ.

whereas there are strong ethical, psychological and legal concerns about the autonomy of robots, their obvious lack of human empathy and their impact on the doctor-patient relationship, which have not yet been properly addressed at EU level, in particular as regards the protection of patients’ personal data, liability, and the new economic and employment relationships that will be brought about; whereas ‘autonomy’ as such can only by fully attributed to human beings; whereas there is a need for a robust legal and ethical framework for artificial intelligence;

| AK. | whereas the introduction of artificial intelligence in the area of health in particular must always be based on the ‘man operates machine’ principle of responsibility; |
| --- | --- |

AK.

whereas the introduction of artificial intelligence in the area of health in particular must always be based on the ‘man operates machine’ principle of responsibility;

1.   
  A society supported by artificial intelligence and robotics

1.1.   Labour in the era of artificial intelligence and robotics

| 1. | Stresses that automation combined with artificial intelligence will increase productivity and therefore increase output; notes that, as in previous technological revolutions, some jobs will be replaced but new jobs will also be created transforming lives and work practices; stresses that increased use of robotics and AI should also reduce human exposure to harmful and hazardous conditions and should also help to create more quality and decent jobs and improve productivity; |
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1.

| 2. | Urges Member States to focus on retraining workers in the industries most affected by the automation of tasks; stresses that new education programmes should focus on developing the skills of workers so that they can seize job opportunities within the new jobs created by AI; encourages the development of digital literacy programmes in schools, the development of apprenticeships and vocational training priorities to help workers adapt to technological changes; |
| --- | --- |

2.

| 3. | Recommends that Member States, alongside private sector actors, identify the risks and develop strategies to ensure that relevant retraining and reskilling programmes are developed; underlines that companies themselves must invest in the training and reskilling of their existing workforce in order to meet their needs; |
| --- | --- |

3.

| 4. | Stresses that the development of robotics in the EU will have a strong impact on industrial relations; believes that this impact should be addressed in a balanced manner so as to promote reindustrialisation and allow workers to also enjoy the productivity gains; |
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4.

| 5. | Notes that in the current industrial landscape there is a delicate balance between the owners and the workers; considers that advances in implementing AI in industry should be made with broad consultation of social partners, as the potential shift in the number of people working in the industry requires proactive policies to help workers adapt to the new demands and to ensure that the gains are broadly shared; notes that this requires re-thinking and re-designing labour market policies, social security schemes and taxation; |
| --- | --- |

5.

| 6. | Urges the Member States to address barriers to entry in the labour force such as excessive qualifications; |
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6.

| 7. | Believes that digital literacy is one of the most important factors for future AI development and urges the Commission and the Member States to develop and pursue digital skills training and retraining strategies; notes that digital literacy can support wide and inclusive participation in data economy solutions and facilitate communication and cooperation with all stakeholders; |
| --- | --- |

7.

| 8. | Notes that, as citizens of all ages will be impacted, education curricula must be adapted, including through the establishment of new learning paths and the use of new delivery technologies; stresses that education aspects should be properly addressed; considers in particular the need for digital skills, including coding, to be included in teaching and training from the early school years to life-long learning; |
| --- | --- |

8.

1.2.   Malicious use of artificial intelligence and fundamental rights

| 9. | Highlights the fact that malicious or negligent use of AI could threaten digital security and physical and public safety, as it could be used to conduct large-scale, finely targeted and highly efficient attacks on information society services and connected machinery, as well as disinformation campaigns, and generally diminish the right of individuals to self-determination; stresses that the malicious or negligent use of AI might also pose a risk to democracy and fundamental rights; |
| --- | --- |

9.

| 10. | Calls on the Commission to propose a framework that penalises perception manipulation practices when personalised content or news feeds lead to negative feelings and distortion of the perception of reality that might lead to negative consequences (for example, election outcomes, or distorted perceptions on social matters such as migration); |
| --- | --- |

10.

| 11. | Stresses the importance of recognising, identifying and monitoring disruptive developments in and around the development of AI; encourages research into AI to also focus on the detection of accidentally or maliciously corrupted AI and robotics; |
| --- | --- |

11.

| 12. | Urges the Commission to take note of the social challenges arising from practices resulting from the ranking of citizens; stresses that citizens should not be subjected to discrimination on the basis of their ranking and that they should be entitled to ‘another chance’; |
| --- | --- |

12.

| 13. | Expresses great concern about the employment of AI applications, including facial and voice recognition, in ‘emotional surveillance’ programmes, i.e. monitoring the mental conditions of workers and citizens in order to increase productivity and preserve social stability, sometimes coupled with ‘social credit’ systems, as already seen in China, for instance; stresses that such programmes are inherently at odds with European values and norms protecting the rights and freedoms of individuals; |
| --- | --- |

13.

2.   
  The technological path towards artificial intelligence and robotics

2.1.   Research and development

| 14. | Recalls the fact that Europe has a world-leading AI research community, which accounts for 32 % of AI research institutions worldwide; |
| --- | --- |

14.

| 15. | Welcomes the Commission’s proposal on the digital Europe programme and the budget of EUR 2,5 billion pledged to artificial intelligence as well as increased funding under the Horizon 2020 programme; understands the importance of EU funding complementing Member State and industry research budgets for AI and the need for collaboration between public, private and EU research programmes; |
| --- | --- |

15.

| 16. | Supports the operational objectives of the Digital Europe Programme to build up and strengthen core artificial intelligence capacities in the Union, to make them accessible to all businesses and public administrations and to reinforce and network existing artificial intelligence testing and experimentation facilities in Member States; |
| --- | --- |

16.

| 17. | Encourages Member States to develop multi-stakeholder partnerships across industry and research institutes as well as joint AI centres of excellence; |
| --- | --- |

17.

| 18. | Stresses that AI research should invest not only in AI technology and innovation developments but also in AI-related social, ethical and liability areas; believes that any AI model deployed should have ethics by design; |
| --- | --- |

18.

| 19. | Stresses that, while encouraging progress for the benefit of society and the environment, AI research and other related activities should be conducted in accordance with the precautionary principle and fundamental rights; stresses that everyone involved in the development, implementation, dissemination and use of AI should consider and respect human dignity and the self-determination and wellbeing — both physical and psychological — of the individual and society at large, anticipate potential safety impacts and take due precautions proportionate to the level of protection, including the prompt disclosure of factors that might endanger the public or the environment; |
| --- | --- |

19.

| 20. | Stresses that a competitive research environment is also key to developing artificial intelligence; underlines the importance of supporting excellent research, including fundamental science and high-risk high-reward projects, and of fostering a European research area with attractive conditions for funding, mobility and access to infrastructure and technology across the Union, based on the principle of openness towards third countries and expertise from outside the Union, provided that it does not undermine EU cyber security; |
| --- | --- |

20.

| 21. | Underlines the fact that EU researchers continue to earn significantly less than their counterparts in the US and China, which is known to be the primary reason for them to leave Europe; calls on the Commission and the Member States to focus on attracting top talent to European companies, and on the Member States to create attractive conditions; |
| --- | --- |

21.

| 22. | Stresses that Europe must dedicate the new FET (7) flagship to artificial intelligence, with a particular emphasis on a human-centric approach and language technologies; |
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22.

| 23. | Believes that artificial intelligence, machine learning and exponential leaps in data availability and cloud computing fuel research initiatives aimed at understanding biology at molecular and cellular level, guiding the development of medical treatments and analysing data streams to detect health threats, predicting disease outbreaks and counselling patients; notes that data mining and data-navigation techniques can be used to identify care gaps, risks, trends and patterns; |
| --- | --- |

23.

| 24. | Highlights that, where risks arise as an unavoidable and integral element of AI research, robust risk assessment and management protocols should be developed and complied with, taking into account that the risk of harm should be no greater than that encountered in ordinary life, (i.e. people should not be exposed to risks greater than or additional to those to which they are exposed in their normal lifestyles); |
| --- | --- |

24.

2.2.   Investments

| 25. | Notes the importance of greater investment in this field in order to remain competitive; recognises that while most of the investment and innovation in this area comes from private sector ventures, Member States and the Commission should also be encouraged to continue investing in research in this sector and outline their development priorities; welcomes the InvestEU proposal and other public-private partnerships that will foster private funding; considers that the coordination of private- and public-sector investment should be encouraged to ensure that development is focused; |
| --- | --- |

25.

| 26. | Stresses that investments in AI, which can be characterised by significant uncertainty, should be complemented by EU funding for example from the European Investment Bank (EIB) or the European Investment Fund (EIF), or through InvestEU and the European Fund for Strategic Investments (EFSI), schemes which can help with regard to risk sharing; |
| --- | --- |

26.

| 27. | Urges the Commission to not allow EU funding for weaponised AI; urges the Commission to exclude from EU funding companies that are researching and developing artificial consciousness; |
| --- | --- |

27.

| 28. | Recommends that the Commission ensure that the intellectual property of research conducted with EU funding remains in the EU and in European universities; |
| --- | --- |

28.

2.3.   Innovation, societal acceptance and responsibility

| 29. | Notes that all major technological advancements required a transition period, one where the majority of society needed to gain a deeper understanding of the technology and integrate it into their daily life; |
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29.

| 30. | Notes that the future of this technology is contingent on societal acceptance and that greater emphasis must be placed on adequately communicating its benefits to ensure greater understanding of the technology and its applications; also notes that if society is not informed about AI technology, there will be less drive for innovation in this sector; |
| --- | --- |

30.

| 31. | Considers that public acceptance relies on how the public is informed about the opportunities, challenges and developments of artificial intelligence; recommends that the Member States and the Commission facilitate access to credible information addressing the main concerns about AI and robotics such as privacy, safety and transparency in decision-making; |
| --- | --- |

31.

| 32. | Welcomes the use of regulatory sandboxes to introduce, in cooperation with regulators, innovative new ideas, allowing safeguards to be built into the technology from the start, thus facilitating and encouraging its market entry; highlights the need to introduce AI-specific regulatory sandboxes to test the safe and effective use of AI technologies in a real-world environment; |
| --- | --- |

32.

| 33. | Notes that for greater societal acceptance of artificial intelligence, there must be assurances that the systems being used are safe and secure; |
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33.

| 34. | Notes that Artificial intelligence and language technology can provide important applications to foster Europe’s unity in its diversity: automated translation, conversational agents and personal assistants, spoken-language interfaces for robots and the internet of things, smart analytics, automated identification of online propaganda, fake news, hate speech; |
| --- | --- |

34.

2.4.   Supporting conditions: connectivity, data accessibility and high-performance computing, and cloud infrastructure

| 35. | Stresses that the integration of robotics and AI technology within the economy and society require digital infrastructure that provides ubiquitous connectivity; |
| --- | --- |

35.

| 36. | Stresses that connectivity is a precondition for Europe to become part of the gigabit society and that AI is a clear example of the exponential growth of a demand for high-quality, fast, secure and pervasive connectivity; believes that the Union and the Member States should continue to foster measures to stimulate investment in and take-up of very high capacity networks in the EU; |
| --- | --- |

36.

| 37. | Underlines that a rapid, safe and secure development of 5G is essential to guarantee that the Union can reap the full benefits of AI and protect against cyber security threats, making it possible to renew and develop industries and services, which are the backbone of the European economy, and to support the emergence of new services, production and markets, which is essential in order to safeguard new jobs and a high level of employment; |
| --- | --- |

37.

| 38. | Recalls that the availability of high quality and meaningful data is essential for real competitiveness in the AI industry, and calls for public authorities to ensure ways of producing, sharing and governing data by making public data a common good while safeguarding privacy and sensitive data; |
| --- | --- |

38.

| 39. | Stresses the importance of the quality of data used in deep learning; notes that the use of low-quality, outdated, incomplete or incorrect data may lead to poor predictions and in turn discrimination and bias; |
| --- | --- |

39.

| 40. | Believes that the new set of rules governing the free flow of non-personal data in the Union allows for more and more data to become available for data-driven innovation, making it easier for SMEs and start-ups to develop innovative AI-enabled services and to enter new markets, while allowing citizens and businesses to benefit from better products and services; |
| --- | --- |

40.

| 41. | Notes that AI has the potential to increase efficiency, comfort and welfare in many sectors, if the established industrial stakeholders cooperate with AI developers; notes, furthermore, that a large volume of data that is not personal in nature is currently in the possession of stakeholders and through partnerships could be used to increase their efficiency; considers that, for that to become a reality, cooperation between the users and the developers of AI is a prerequisite; |
| --- | --- |

41.

| 42. | Stresses the importance of interoperability and data accuracy in order to ensure a high level of reliability and security standards in the new technologies; |
| --- | --- |

42.

| 43. | Believes that the success of AI applications, tailored to users across the EU, often requires extensive knowledge of local markets, as well as access to and use of adequate local data for the datasets training, system testing and validation, especially in sectors related to natural language processing; asks the Member States to encourage the availability of high-quality, interoperable and open public-sector and privately-held data; |
| --- | --- |

43.

| 44. | Stresses the need to ensure the utmost consistency with the EU’s big data policy; |
| --- | --- |

44.

| 45. | Welcomes measures to facilitate and support the exchange and sharing of data across borders; |
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45.

| 46. | Notes that at present the sharing of data is well below its potential and that large quantities of data are underutilised; |
| --- | --- |

46.

| 47. | Recognises that there is a reluctance to share data and underlines the need for action to encourage it; notes that the lack of common standards also has a large role to play in the ability to share data; |
| --- | --- |

47.

| 48. | Welcomes regulations such as the Free Flow of Data Regulation and the importance it has in fields such as AI to allow for more effective and efficient processes; |
| --- | --- |

48.

| 49. | Recognises that greater market-based incentives need to be put in place to encourage access to and the sharing of data; notes the risk that data openness poses to investing in data in the first place; |
| --- | --- |

49.

| 50. | Calls for greater clarity on data ownership rules and the legal frameworks in place; notes that regulatory uncertainty has led to over-cautious responses from industry; |
| --- | --- |

50.

| 51. | Highlights the significance of European initiatives on cloud computing and high-performance computing, which will further enhance the development of deep-learning algorithms and the processing of big data; strongly believes that for these initiatives to be successful and relevant to the development of AI, the infrastructure needs to be open to both public and private entities based in the Union and elsewhere, and to be governed by least-restrictive access criteria; |
| --- | --- |

51.

| 52. | Welcomes the establishment of the European High-Performance Computing Joint Undertaking; underlines that supercomputing and data infrastructure are essential to ensure competitive innovation ecosystem for the development of AI technologies and applications; |
| --- | --- |

52.

| 53. | Highlights that cloud computing has a key role to play in driving the uptake of AI; underlines that access to cloud services allows private companies, public institutions, research and academic institutions, and users to develop and use AI in an efficient and economically viable way; |
| --- | --- |

53.

3.   
  Industrial policy

| 54. | Recalls that while AI and robotics already have long-established industrial applications, advancements in the field are expanding and providing wide and diverse applications in all human activities; believes that any regulatory framework must include flexibility that allows for innovation and free development of new technologies and uses for AI; |
| --- | --- |

54.

| 55. | Underlines that identifying the scope and applications for AI should be the result of a design process led by needs and guided by principles that take into account the intended result and the best path to achieve it, from an economic and social point of view; believes that the existence of clear policies at all stages of development will lead to fit-for-purpose implementation and address the risks and downsides; |
| --- | --- |

55.

| 56. | Recommends the use and promotion of public-private partnerships to explore solutions to key challenges such as building a data ecosystem and promoting the access, sharing and flow of data while safeguarding people’s rights to privacy; |
| --- | --- |

56.

| 57. | Stresses that a significant challenge to the future of AI systems is the inconsistent quality of software production technology, and underlines therefore the great need for standardisation in the construction and use of AI systems; |
| --- | --- |

57.

| 58. | Notes the work being conducted globally and recognises the need to work proactively with partners, especially at the OECD and G20, in shaping the direction this industry moves in to ensure that the EU remains competitive and safeguards equal access among nations, as well as sharing the benefits of AI development as widely as possible; |
| --- | --- |

58.

| 59. | Notes with concern that a number of non-European companies and entities from third countries are increasingly employing AI-based predictive models to provide services and extract the added value on EU markets, especially at local level, and to monitor and possibly influence political sentiment, thus posing potential threats to the technological sovereignty of EU citizens; |
| --- | --- |

59.

| 60. | Stresses that public support for AI should be focused on those strategic sectors in which EU industry has the greatest opportunities to play a leading role at a global level and which have added value in the general public interest; |
| --- | --- |

60.

3.1.   Priority sectors

3.1.1.   Public sector

| 61. | Highlights that there are a number of benefits to be gained from AI and robotics in the public sector, and welcomes greater investment in research and development to ensure that this thrives; |
| --- | --- |

61.

| 62. | Stresses that Member States should also invest in education and AI training programmes in order to assist public sector employees in adopting the use of AI and robotics; notes that there should also be information campaigns intended for the citizens who will use public sector services provided by AI systems and robotics in order to calm their fears over loss of control of their personal data and to establish trust; |
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62.

| 63. | Stresses that public sector information represents an extraordinary source of data that can contribute to rapid progress and create a new strategy to embrace new digital technologies, especially artificial intelligence; |
| --- | --- |

63.

| 64. | Believes that public sector adoption of trustworthy artificial intelligence can strongly support the reform of public administration in decision-making and improve public services, as well as power the more widespread adoption of AI in other industries; |
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64.

| 65. | Acknowledges the use of robotic process automation and the impact it has had in improving public sector processes; notes its interoperability with legacy systems; |
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65.

| 66. | Asks the Member States to lead this digital transformation by positioning themselves as primary responsible users and buyers of AI technology; stresses in this context that Member States must adapt their data policies pertaining to public data collection, use, repositories or annotation, among other related subjects, to allow AI deployment in all public sectors; |
| --- | --- |

66.

| 67. | Emphasises the need to include the public in the AI development process; calls on the Commission, therefore, to publish any algorithms, tools or technology funded or co-funded by the public as open source; |
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67.

| 68. | Believes that AI will be a great asset in terms of implementing the ‘once only’ principle, enabling databases and information from different sources to be combined, and thereby facilitating citizens’ interaction with public administrations; |
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68.

| 69. | Calls on the Commission to guarantee the protection of citizens from any AI ranking decision systems in public administrations, similar to those planned to be used in China; |
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69.

3.1.2.   Health

| 70. | Stresses that human contact is a crucial aspect of human care; |
| --- | --- |

70.

| 71. | Notes that AI and robotics have potential benefits in the care-giving sector as life expectancy increases, for instance helping doctors and nurses to have more time for high value activities(e.g. patient interaction); |
| --- | --- |

71.

| 72. | Notes the impact that AI has already had on wellbeing, prevention, diagnosis and research and its great potential for designing personalised care; considers that this ultimately leads to a more sustainable, efficient and outcome-based healthcare ecosystem; |
| --- | --- |

72.

| 73. | Notes that when AI is combined with human diagnosis, the error rate tends to be significantly lower than for diagnosis by human doctors alone (8); |
| --- | --- |

73.

| 74. | Stresses that the use of data in the health sector must be monitored carefully and ethically and must not in any way obstruct access to social protection or insurance; |
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74.

| 75. | Believes that when AI is being used in implanted medical devices, the bearer should have the right to inspect and modify the source code used in the device; |
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75.

| 76. | Special attention should be paid to the use of big data in health with the aim of maximising the opportunities it can bring — such as improving the health of individual patients, as well as the performance of Member States’ public health systems — without lowering ethical standards and without threatening the privacy or safety of citizens; |
| --- | --- |

76.

| 77. | Stresses, however, that the existing system for the approval of medical devices may not be adequate for AI technologies; calls on the Commission to closely monitor progress on these technologies and to propose changes to the regulatory framework if necessary in order to establish the framework for determining the respective liability of the user (doctor/professional), the producer of the technological solution, and the healthcare facility offering the treatment; points out that legal liability for damage is a central issue in the health sector where the use of AI is concerned; stresses the need therefore to ensure that users will not be led invariably to back the diagnostic solution or treatment suggested by a technological instrument for fear of being sued for damages if, on the basis of their informed professional judgement, they were to reach conclusions that diverged even in part; |
| --- | --- |

77.

| 78. | Calls on the Member States and the Commission to increase funding in health-related AI technologies in the public and private sectors; welcomes, in this context, the declaration of cooperation signed by 24 EU Member States and Norway with a view to boosting the impact of investments in AI at European level; calls on the Member States and the Commission to consider whether training programmes for medical and healthcare personnel should be updated and standardised on a Europe-wide basis so as to ensure high levels of expertise and a level playing field in the Member States as regards knowledge and use of the most advanced technological instruments in robotic surgery, biomedicine, and AI-based biomedical imaging; |
| --- | --- |

78.

| 79. | Calls on the Commission to work on strategies and policies that can position the EU as a world leader in the growing field of healthcare technology, while ensuring that patients have access to seamless and effective medical care; |
| --- | --- |

79.

| 80. | Recognises that better diagnostics could save millions of lives as, according to the World Health Organisation, 89 % of premature deaths across Europe are caused by non-communicable diseases; |
| --- | --- |

80.

| 81. | Highlights the contribution made by AI and robotics to innovative preventive, clinical and rehabilitation practices and techniques in the health sector, with particular reference to the benefits they have for patients with disabilities; |
| --- | --- |

81.

| 82. | Recognises that the increased use of sensors in the field of robotics has enhanced the scope of care-giving and enables patients to have more personalised treatment and services and receive care remotely from their own homes, while also generating more meaningful data; |
| --- | --- |

82.

| 83. | Recognises that, according to the Eurobarometer survey of May 2017 (9), at present EU citizens still feel uncomfortable with the idea of robots being used in everyday healthcare; calls on the Commission and Member States to develop strategies and communication campaigns to raise awareness of the benefits of day-to-day use of robots; notes in particular the ambition of Japan’s Robot Strategy; |
| --- | --- |

83.

3.1.3.   Energy

| 84. | Notes that AI allows energy suppliers to move from preventive to predictive asset maintenance and to achieve more efficient energy production by improving reliability in particular, for renewables, and by identifying the most effective locations for new installations, thus ensuring better demand response management; |
| --- | --- |

84.

| 85. | Recognises that more accurate data produced by AI on the potential of renewable energy production will create higher investment certainty for businesses and individuals, thus accelerating the energy transition towards renewable energy sources and contributing to the Union’s long-term strategy for a climate neutral economy; |
| --- | --- |

85.

| 86. | Notes that solutions involving sensors are already being used to manage energy usage in houses and that this has resulted inconsiderable energy and monetary savings; |
| --- | --- |

86.

| 87. | Welcomes the potential of AI in modelling, identifying and mitigating the impact of human activity on climate; notes that, while increased digitalisation also brings new energy needs, it can also bring increased efficiency to energy-intensive sectors and provide for better understanding of processes, leading to their improvement; |
| --- | --- |

87.

| 88. | Stresses that with more a digitalised energy sector energy networks become larger and more exposed to cyber threats; calls on the Member States and the Commission to accompany the digital transformation in the energy sectors with measures, such as artificial intelligence, that improve cyber security; |
| --- | --- |

88.

3.1.4.   Transport

| 89. | Welcomes the ability of AI and robotics to greatly improve our transport systems through the introduction of autonomous trains and motor vehicles; calls for greater research and investment in this area to ensure its safe and effective development; highlights the tremendous opportunities for both larger tech companies and SMEs; |
| --- | --- |

89.

| 90. | Notes that by reducing human error in the transport sector the system can potentially become more efficient, with fewer accidents, thanks to clearer evaluations and the predictive nature of the technology, fewer delays, with the ability to map traffic patterns and run services on schedule, and greater savings, with fewer driver-related faults and streamlined internal processes; |
| --- | --- |

90.

| 91. | Notes that the prevalence of autonomous vehicles in the future poses risks to data privacy and technical failures and will shift the liability from the driver to the manufacturer, requiring insurance companies to shift how they incorporate risk into their underwriting; |
| --- | --- |

91.

| 92. | Notes that voice communication is increasingly used in interaction with vehicles and transport systems but these features are only available for a handful of European languages, so it should be ensured that all Europeans can use these possibilities in their mother tongue; |
| --- | --- |

92.

3.1.5.   Agriculture and the food chain

| 93. | Notes that AI has the potential to catalyse a disruptive transformation of the current food system towards a more diverse, resilient, regionally adapted and healthy model for the future; |
| --- | --- |

93.

| 94. | Notes the role that AI can play in efforts to help tackle food security issues, predict famine and foodborne-disease outbreaks, reduce food loss and waste and improve sustainable management of land, water and other environmental resources critical to ecosystem health; |
| --- | --- |

94.

| 95. | Highlights that AI can intervene at critical points along the food system value chain from production to consumption and enhance our capacity to fundamentally alter the way we produce, process and buy food by better informing land-use planning practices; |
| --- | --- |

95.

| 96. | Notes that AI can improve resource management and input efficiency, help reduce post-harvest waste and influence consumption choices; |
| --- | --- |

96.

| 97. | Notes that AI in the form of precision farming holds the potential for disruptive transformation of agricultural production, as well as broader land management, by improving land use planning, predicting land use change and monitoring crop health, while also having the potential to transform the prediction of extreme weather events; |
| --- | --- |

97.

| 98. | Notes that AI can radically alter the delivery of inputs, pest control and farm management, influence farming practices, alter the way insurance products are delivered and help predict and avoid future famine and severe acute malnutrition outbreaks; |
| --- | --- |

98.

| 99. | Notes that AI can lead to better decisions about how to manage farm systems and stimulate the development of decision-support and recommendation systems by improving farm efficiencies and farm health; |
| --- | --- |

99.

3.1.6.   Cybersecurity

| 100. | Notes that cybersecurity is an important aspect of AI, especially given the challenges for transparency in high level AI; considers that the technological perspective, including auditing of the source code, and requirements for transparency and accountability should be complemented by an institutional approach dealing with the challenges of introducing AI developed in other countries into the EU single market; |
| --- | --- |

100.

| 101. | Calls for the swift implementation of the Cybersecurity Act; notes that the development of EU certification schemes should ensure a more resilient development and deployment of safe AI and robotic systems; |
| --- | --- |

101.

| 102. | Considers that AI can simultaneously be a cybersecurity threat and the tool for fighting cyber-attacks; believes that the EU Agency for Network and Information Security (ENISA) should prepare an action plan on cybersecurity in the area of AI, which should assess and address threats and weaknesses specific to AI; |
| --- | --- |

102.

| 103. | Underlines the importance of strengthening the industrial base as a strategic component of secure AI development; emphasises that in order to ensure an ambitious level of cybersecurity, data protection and trusted ICT services, Europe must invest in its technological independence; stresses the urgent need for the EU to develop its own infrastructure, data centres, cloud systems and components, such as graphics processors and chips; |
| --- | --- |

103.

| 104. | Notes that as AI evolves and hackers become more sophisticated, it will be imperative to have strong cybersecurity solutions; |
| --- | --- |

104.

| 105. | Recognises that implementation of AI solutions in cybersecurity will make the forecasting, prevention and mitigation of threats possible; |
| --- | --- |

105.

| 106. | Highlights that while AI will be able to provide greater coverage for the detection of threats, it is imperative to have human interpretation of these threats in order to detect whether they are genuine or not; |
| --- | --- |

106.

| 107. | Calls on the Commission to explore the use of blockchain-based cybersecurity applications that improve the resilience, trust and robustness of AI infrastructures through disintermediated models of data encryption; calls on the Commission to explore the possibility of rewarding citizens for their data by means of tokens; |
| --- | --- |

107.

| 108. | Calls on the Commission to reinforce the EU’s cybersecurity capacity by further combining and coordinating efforts across Europe; |
| --- | --- |

108.

3.1.7.   SMEs

| 109. | Recognises the importance of SMEs for the success of AI; welcomes the Commission initiative to create an AI on-demand platform that will boost technology transfer and catalyse the growth of start-ups and SMEs; calls on the Commission to promote digital innovation hubs for AI that do not lead to the creation of additional administration layers but instead focus on accelerating investments in projects that have proved to be efficient; |
| --- | --- |

109.

| 110. | Notes that the costs of investing in AI leads to high barriers to entry for SMEs; recognises that widespread adoption of AI by consumers would de-risk this investment for SMEs; |
| --- | --- |

110.

| 111. | Highlights the need to promote both the adoption of AI by SMEs and the use of it by consumers; |
| --- | --- |

111.

| 112. | Stresses the importance of targeted measures to ensure that SMEs and start-ups are able to adopt and benefit from AI technologies; believes that impact assessments of the effects of new EU legislation on the technological development of AI should be mandatory, and that such impact assessments should also be considered at national level; |
| --- | --- |

112.

| 113. | Underlines that AI can be an enabler for SMEs but also increases the leverage of big early adopters and developers; points to the need, therefore, from a competition point of view, to ensure that new distortions are properly evaluated and addressed; |
| --- | --- |

113.

4.   
  Legal framework for artificial intelligence and robotics

| 114. | Calls on the Commission, with a view to fostering a regulatory environment favourable to the development of AI and in line with the principle of better regulation, to regularly re-evaluate current legislation to ensure that it is fit for purpose with respect to AI while also respecting EU fundamental values, and to seek to amend or substitute new proposals where this is shown not to be the case; |
| --- | --- |

114.

| 115. | Welcomes the setup of AI-based participative platforms allowing citizens to be successfully heard and to interact with governments by making proposals, including through participatory budgets and other instruments of direct democracy; stresses that bottom-up projects can foster citizen participation and help people make informed decisions in a more effective and democratic way; |
| --- | --- |

115.

| 116. | Notes that AI is a notion encompassing a wide range of products and applications, from automation, algorithms and narrow artificial intelligence to general artificial intelligence; considers that a comprehensive law or regulation on AI should be approached with caution, as sectoral regulation may provide policies that are general enough but also refined up to the level where they are meaningful for the industrial sector; |
| --- | --- |

116.

| 117. | Stresses that the policy framework must be designed to encourage the development of all kinds of AI and not only deep learning systems, which require a huge amount of data; |
| --- | --- |

117.

4.1.   An internal market for artificial intelligence

| 118. | Underlines the importance of the principle of mutual recognition in the cross-border use of smart goods, including robots and robotic systems; recalls that, when necessary, testing, certification and product safety should ensure that certain goods are safe by design and by default; notes in this context the importance of also working on the ethical aspects of AI; |
| --- | --- |

118.

| 119. | Underlines that EU legislation related to the implementation of the Digital Single Market strategy should remove barriers to the deployment of AI; calls on the Commission to evaluate where it is necessary to update policy and regulatory frameworks in order to build a single European market for AI; |
| --- | --- |

119.

| 120. | Recognises that robotics and AI technologies are increasingly used in autonomous vehicles, such as autonomous cars and civilian drones; notes that some Member States are already enacting or considering legislation in this area in particular, which could result in a patchwork of national legislation hampering the development of autonomous vehicles; calls, therefore, for a single set of Union rules that strikes the right balance between the interests of and potential risks for users, businesses and other concerned parties, while avoiding over-regulation in robotics and AI systems; |
| --- | --- |

120.

| 121. | Urges the Member States to modernise their professional training and education systems in order to take into account scientific progress and developments in the field of AI, in line with the Proportionality Test Directive (10) and the Professional Qualifications Directive (11), and to make EU professional services globally competitive in the coming decades; |
| --- | --- |

121.

| 122. | Stresses that AI applies to a variety of sectors where standardisation is of high relevance, such as smart manufacturing, robotics, autonomous vehicles, virtual reality, healthcare and data analysis, and believes that EU-wide standardisation for AI will foster innovation and guarantee a high level of consumer protection; acknowledges that, while a significant number of standards on issues such as safety, reliability, interoperability and security exist, further promotion and development of common standards for robotics and AI is necessary and should be part of the Union’s priorities; calls on the Commission, in cooperation with EU standardisation bodies, to continue to engage proactively with international standardisation bodies on improving standards in this field; |
| --- | --- |

122.

| 123. | Recalls that many policy aspects relevant for AI-enabled services, including rules on consumer protection and policy on ethics and liability, are covered by the existing regulatory framework on services, namely the Services Directive (12), the Professional Qualifications Directive and the e-Commerce Directive (13); underlines, in this context, that humans must always be ultimately responsible for decision-making, especially for professional services such as the medical, legal and accounting professions; considers that reflection is needed on whether supervision by a qualified professional is necessary, with a view to protecting legitimate public interest objectives and providing high-quality services; |
| --- | --- |

123.

| 124. | Recognises the importance of improved digital services such as virtual assistants, chatbots and virtual agents, bringing unprecedented operational efficiencies, while duly acknowledging the need to develop a human-centric, market-driven AI to produce better and more reliable decisions in view of the limits to the autonomy of AI and robotics; |
| --- | --- |

124.

4.2.   Personal data and privacy

| 125. | Stresses that a high level of safety, security and privacy must be ensured with respect to data used for communication between people and robots and artificial intelligence; calls on the Commission and the Member States therefore to integrate the security and privacy by design principles in their policies related to robotics and artificial intelligence; |
| --- | --- |

125.

| 126. | Reiterates that the right to the protection of private life and the right to the protection of personal data as enshrined in Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 of the Treaty on the Functioning of the European Union apply to all areas of robotics and artificial intelligence and that the Union legal framework for data protection must be fully complied with; underlines the responsibility of designers of robotic systems and artificial intelligence to develop products in such a way that they are safe, secure and fit for purpose and follow procedures for data processing compliant with existing legislation, confidentiality, anonymity, fair treatment and due process; |
| --- | --- |

126.

| 127. | Calls on the Commission to ensure that any Union legislation on artificial intelligence includes measures and rules which take into account the rapid technological evolution in this field, so as to ensure that Union legislation does not lag behind the curve of technological development and deployment; stresses the need for such legislation to be compliant with rules on privacy and data protection; calls for the review of rules, principles and criteria regarding the use of cameras and sensors in robots and with regard to artificial intelligence in accordance with the Union legal framework for data protection; |
| --- | --- |

127.

| 128. | Calls on the Commission to ensure that any future EU regulatory framework on AI guarantees the privacy and confidentiality of communications, personal data protection, including the principles of lawfulness, fairness and transparency, data protection by design and default, purpose limitation, storage limitation, accuracy, and data minimisation in full compliance with Union data protection law, as well as security, personal safety and other fundamental rights, such as the right to freedom of expression and information; |
| --- | --- |

128.

| 129. | Stresses that the right to privacy must always be respected and individuals must not be personally identifiable; underlines that an AI developer should always have clear, unambiguous and informed consent and that AI designers have a responsibility to develop and follow procedures for valid consent, confidentiality, anonymity, fair treatment and due process; stresses that designers must comply with any requests that any related data be destroyed and removed from any datasets; |
| --- | --- |

129.

| 130. | Recalls that Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European Union (14) states that ‘if technological developments make it possible to turn anonymised data into personal data, such data are to be treated as personal data, and the General Data Protection Regulation (GDPR) (15) is to apply accordingly’; |
| --- | --- |

130.

4.3.   Liability

| 131. | Welcomes the Commission’s initiative to create the Expert Group on Liability and New Technologies with the aim of providing the EU with expertise on the applicability of the Product Liability Directive (16) to traditional products, new technologies and new societal challenges (Product Liability Directive formation) and assisting the EU in developing principles that can serve as guidelines for possible adaptations of applicable laws at EU and national level relating to new technologies (New Technologies formation); |
| --- | --- |

131.

| 132. | Regrets, however, that no legislative proposal was put forward during this legislature, thereby delaying the update of the liability rules at EU level and threatening the legal certainty across the EU in this area for both traders and consumers; |
| --- | --- |

132.

| 133. | Notes that AI engineers or the companies employing them should remain accountable for the social, environmental and human health impacts that AI systems or robotics may have on present and future generations; |
| --- | --- |

133.

4.4.   Consumer protection and empowerment

| 134. | Underlines that consumer trust is essential to the development of AI and that AI-based systems deal with more and more consumer data, which makes them prime targets for cyber-attacks; also highlights the fact that AI must function in a way that is not detrimental to citizens and consumers, and considers that the integrity of the data and algorithms it relies on must therefore be ensured; |
| --- | --- |

134.

| 135. | Considers that AI technologies developed for both manufacturing and individual use should be subject to product safety checks by market surveillance authorities and consumer protection rules ensuring, where appropriate, minimum safety standards and addressing the risk of accidents resulting from interaction with, or working in proximity to, humans; believes that ethical issues and issues of data protection, including third-party and personal data, civil liability and cybersecurity, should be considered in any policy on AI; |
| --- | --- |

135.

4.5.   Intellectual property rights

| 136. | Recalls its above-mentioned resolution of 16 February 2017 in which it noted that there are no legal provisions that specifically apply to robotics, but that existing legal regimes and doctrines can be readily applied to robotics, although some aspects appear to call for specific consideration; renews the call made in that resolution on the Commission to support a horizontal and technologically neutral approach to intellectual property applicable to the various sectors in which robotics could be employed; |
| --- | --- |

136.

| 137. | Welcomes in this regard the communication from the Commission to the Institutions on Guidance on certain aspects of Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights (17) (COM(2017)0708) but underlines the need to monitor the relevance and efficiency of rules on intellectual property rights to govern the development of AI; underlines, in this context, the importance of fitness checks; |
| --- | --- |

137.

5.   
  Ethical aspects

| 138. | Believes that artificial intelligence actions and applications should comply with ethical principles and relevant national, Union and international law; |
| --- | --- |

138.

| 139. | Calls for the creation of an ethical charter of best practice for AI and robotics that companies and experts should follow; |
| --- | --- |

139.

| 140. | Calls on the Commission and the Member States to promote strong and transparent cooperation between the public and private sectors and academia that would reinforce knowledge sharing, and to promote education and training for designers on ethical implications, safety, and respect for fundamental rights, as well as for consumers on the use of robotics and artificial intelligence, with a particular focus on safety and data privacy; |
| --- | --- |

140.

| 141. | Calls on the Commission to ensure that applications based on AI should not use data collected from various sources without first receiving the consent of the data subject; calls on the Commission to create a framework that makes sure that consent given by the data subject will generate data only for the intended purposes; |
| --- | --- |

141.

| 142. | Calls on the Commission to respect the right of citizens to an offline life and to ensure that there is no discrimination against citizens on whom no data has been recorded; |
| --- | --- |

142.

5.1.   Human-centric technology

| 143. | Stresses that ethical rules must be in place to ensure human-centric AI development, the accountability and transparency of algorithmic decision-making systems, clear liability rules and fairness; |
| --- | --- |

143.

| 144. | Welcomes the Commission’s initiative to set up the High-Level Expert Group on Artificial Intelligence, as well as the EU AI alliance network, with the aim of delivering ethical guidelines for AI; calls on the Commission to ensure the largest possible uptake of those ethical guidelines by the industry, academia and public authorities; recommends that Member States incorporate the guidelines into their national AI strategies and develop real accountability structures for industries and governments as they design and deploy AI; |
| --- | --- |

144.

| 145. | Considers that continuous follow-up on the implementation of the AI ethical guidelines and its impact on the development of human-centric AI is essential; calls on the Commission to analyse whether the voluntary ethical guidelines are sufficient to ensure that the inclusive, ethically embedded uptake of AI does not generate economic and social divides in EU societies, and suggest regulatory and policy measures if necessary; |
| --- | --- |

145.

| 146. | Notes the recent developments in monitoring and adapting to behavioural analytics; calls on the Commission to develop an ethical framework that limits its use; urges the Commission to create awareness and launch an information campaign on AI and its use as regards behavioural analytics; |
| --- | --- |

146.

5.2.   Embedded values in technology — ethical-by-design

| 147. | Points out that the guiding ethical framework should be based on the principles of beneficence, non-maleficence, autonomy and justice, on the principles and values enshrined in Article 2 of the Treaty on European Union and in the Charter of Fundamental Rights, such as human dignity, equality, justice and equity, non-discrimination, informed consent, private and family life and data protection, as well as on other underlying principles and values of Union law, such as non-stigmatisation, transparency, autonomy, individual responsibility and social responsibility, and on existing ethical practices and codes; |
| --- | --- |

147.

| 148. | Believes that Europe should take the lead on the global stage by deploying only ethically embedded AI; underlines that, to achieve this, the governance of ethics in AI must be ensured at different levels; recommends that the Member States establish AI ethics monitoring and oversight bodies and encourage companies developing AI to set up ethics boards and draw up ethical guidelines for their AI developers; |
| --- | --- |

148.

| 149. | Stresses that European standards for AI must be based on the principles of digital ethics, human dignity, respect for fundamental rights, data protection, and security, thus contributing to building trust among users; emphasises the importance of capitalising on the EU’s potential for creating a strong infrastructure for AI systems rooted in high standards of data and respect for humans; notes that transparency and explainability need to be embedded in the development of AI; |
| --- | --- |

149.

| 150. | Notes that automated weapons systems should continue to have a human-in-command approach to artificial intelligence; |
| --- | --- |

150.

5.3.   Decision-making — limits to the autonomy of artificial intelligence and robotics

| 151. | Stresses the difficulty and complexity of predicting the future behaviours of many complex AI systems and the emerging behaviours of interacting AI systems; asks the Commission to evaluate whether there is a need for specific regulations related to AI-enabled decision-making; |
| --- | --- |

151.

| 152. | Notes that artificial intelligence will remain a useful tool for collaboration in human action to improve its performance and reduce errors; |
| --- | --- |

152.

| 153. | Calls for people to have a right to know, a right of appeal and a right to redress when AI is used for decisions affecting individuals which carry a significant risk to an individual’s rights or freedom or may cause them harm; |
| --- | --- |

153.

| 154. | Stresses that algorithms in decision-making systems should not be deployed without a prior algorithmic impact assessment (AIA), unless it is clear that they have no significant impact on the life of individuals; |
| --- | --- |

154.

| 155. | Believes that artificial intelligence, especially systems with built-in autonomy, including the capability to independently extract, collect and share sensitive information with various stakeholders, and the possibility of self-learning or even evolving to self-modify, should be subject to robust principles; stresses that AI systems must not keep or disclose personal confidential information without explicit approval from the source of that information; |
| --- | --- |

155.

5.4.   Transparency, bias and explainability of algorithms

| 156. | Points out that while AI brings great benefits in automation and decision-making, it also carries an inherent risk when the algorithms are static and opaque; stresses, in this context, the need for greater transparency with regard to algorithms; |
| --- | --- |

156.

| 157. | Calls on the Commission, the Member States and the data protection authorities to identify and take all possible measures to prevent or minimise algorithmic discrimination and bias and to develop a strong common ethical framework for the transparent processing of personal data and automated decision-making to guide data usage and the enforcement of Union law; |
| --- | --- |

157.

| 158. | Underlines that any AI system must be developed with respect for the principles of transparency and algorithmic accountability allowing for human understanding of its actions; notes that in order to build trust in and enable the progress of AI, users must be aware of how their data, as well as other data and data inferred from their data, is used when they are communicating or interacting with an AI system or with humans supported by an AI system; believes that this will contribute to better understanding and confidence among users; stresses that the intelligibility of decisions must be an EU standard in accordance with Articles 13, 14 and 15 of the GDPR; recalls that the GDPR already provides for a right to be informed about the logic involved in data processing; stresses that, in accordance with Article 22 of the GDPR, individuals have the right to obtain human intervention when a decision based on automated processing significantly affects them; |
| --- | --- |

158.

| 159. | Highlights that the Commission, the European Data Protection Board, national data protection authorities and other independent supervisory authorities should henceforth play a crucial role in the promotion of transparency and due process, legal certainty in general and, more specifically, concrete standards protecting fundamental rights and guarantees associated with the use of data processing and analytics; calls for closer collaboration among authorities charged with overseeing or regulating conduct in the digital environment; calls for adequate funding and staffing of such authorities; |
| --- | --- |

159.

| 160. | Acknowledges that machine learning algorithms are trained to learn by themselves, benefiting automation and decision-making; calls for AI ethics guidelines to address issues related to algorithmic transparency, explainability, accountability and fairness; |
| --- | --- |

160.

| 161. | Highlights the importance of the explainability of AI systems’ outputs, processes and values, making them understandable to non-technical audiences and providing them with meaningful information, which is necessary to evaluate fairness and gain trust; |
| --- | --- |

161.

| 162. | Points out that the lack of transparency with respect to these technologies and their applications raises a number of ethical issues; |
| --- | --- |

162.

| 163. | Notes that AI systems should be explainable to humans and should provide meaningful information so that feedback can be given; recognises that the strength of AI models is dependent on feedback and reassessment and encourages this process; |
| --- | --- |

163.

| 164. | Notes that citizens are concerned about not knowing when AI is being used and what information will be processed; recommends clear disclosure when AI is being used by citizens; stresses that, in order to maintain consumer trust, it is important that data transmitted remains secure; |
| --- | --- |

164.

| 165. | Considers that algorithmic accountability should be regulated by policymakers through impact assessments based on established parameters; |
| --- | --- |

165.

| 166. | Notes that disclosing the computer code itself will not solve the AI transparency issue, because it would not reveal the inherent biases that exist and would fail to explain the machine-learning process; underlines that transparency means not only transparency of code, but also of data and automated decision-making; |
| --- | --- |

166.

| 167. | Acknowledges that the disclosure of source code could lead to misuse and the gaming of algorithms; |
| --- | --- |

167.

| 168. | Highlights the importance of tackling developer bias, and thus the need for a diverse workforce in all branches of the IT sector, as well as safeguard mechanisms, to avoid biases based on gender and age embedded into AI systems; |
| --- | --- |

168.

| 169. | Acknowledges that revealing the code or trade secrets would also discourage companies from R&D of new code since their intellectual property would be at risk; notes that development of AI should encourage instead the interpretability of models and their interaction with the input and training data; |
| --- | --- |

169.

| 170. | Acknowledges that although transparency and explainability may reveal deficiencies, they do not guarantee reliability, security and fairness; considers accountability, therefore, to be integral to achieving trustworthy artificial intelligence, which can be attained via different means, such as AIAs, auditing and certification; |
| --- | --- |

170.

| 171. | Stresses the need for the development of protocols for the ongoing monitoring and detection of algorithmic bias; |
| --- | --- |

171.

| 172. | Points out that designers of algorithms should ensure that essential requirements such as fairness and explainability are adhered to from the beginning of the design phase and throughout the development cycle; |
| --- | --- |

172.

| 173. | Νotes the need for guidelines describing good development practices; |
| --- | --- |

173.

| 174. | Stresses the importance of showing lineage in order to be able to trace the history of the AI model; considers that this will improve understanding of the models and help establish trust based on their history; |
| --- | --- |

174.

| 175. | Stresses that the use of AI systems must be clearly identified in interactions with users; |
| --- | --- |

175.

| 176. | Stresses that the dissemination of artificial intelligence and robotics should take place while fully respecting human rights and that on no account should stereotypes against women, or any other form of discrimination, be reproduced in machines and robots; |
| --- | --- |

176.

| 177. | Points out that even high-quality training data can lead to a perpetuation of existing discrimination and injustice when not used carefully and consciously; notes that the use of low-quality, outdated, incomplete or incorrect data at different stages of data processing may lead to poor predictions and assessments and in turn bias, which can eventually result in infringements of the fundamental rights of individuals or purely incorrect conclusions or false outcomes; believes, therefore, that it is important in the age of big data to ensure that algorithms are trained on representative samples of high-quality data in order to achieve statistical parity; emphasises that even if accurate high-quality data is used, predictive analysis based on AI can only offer a statistical probability; recalls that, under the GDPR, the further processing of personal data for statistical purposes, including AI training, may only result in aggregate data which cannot be re-applied to individuals; |
| --- | --- |

177.

| 178. | Calls on the Commission to ensure that anyone who produces deepfake material or synthetic videos, or any other realistically made synthetic videos, explicitly states that they are not original; |
| --- | --- |

178.

| 179. | Notes that AI inherently relies on gathering large amounts of data, and often on the creation of new databases that are used to make assumptions about people; believes that emphasis should be placed on identifying and building response mechanisms for potential threats to ensure mitigation of negative effects; |
| --- | --- |

179.

| 180. | Reiterates that AI systems should not create or reinforce bias; underlines that, when developing and using algorithms, considerations around bias and fairness must be included at all stages, from design to implementation; underlines that the dataset and algorithm must be assessed and regularly tested to ensure accurate decision-making; |
| --- | --- |

180.

6.   
  Governance

6.1.   Coordination at Union level

| 181. | Calls on the Commission to work towards developing strong EU leadership to prevent duplication and fragmentation of efforts and ensure coherent national-level policies and the exchange of best practices for wider usage of AI; |
| --- | --- |

181.

| 182. | Welcomes the different national strategies developed by the Member States; welcomes the Commission’s Coordinated Plan on Artificial Intelligence, published on 7 December 2018; calls for better cooperation between the Member States and the Commission in this regard; |
| --- | --- |

182.

| 183. | Notes that a number of Member States already have their own national AI strategies and welcomes the fact that all Member States signed a Declaration on Cooperation on Artificial Intelligence in April 2018; welcomes also the upcoming coordinated plan on AI between the Commission and the Member States, but calls on all the parties involved to strive for the highest possible level of cooperation; |
| --- | --- |

183.

| 184. | Believes that enhanced cooperation between the Member States and the Commission is necessary in order to guarantee coherent cross-border rules in the Union which encourage collaboration between European industries and allow the deployment across the entire Union of AI which is consistent with the required levels of safety and security, as well as the ethical principles enshrined in Union law; |
| --- | --- |

184.

| 185. | Stresses that a harmonised, risk-based and progressive EU data policy framework would increase trust and support the path of AI in Europe, thereby ensuring the completion of the Digital Single Market and increasing the productivity of Europe-based businesses; |
| --- | --- |

185.

| 186. | Recommends that existing and future AI-related initiatives and pilot projects carried out by the Commission should be closely coordinated, possibly under the guidance of the proposed oversight mechanism, so as to realise synergy effects and ensure the creation of real added value while avoiding costly double structures; |
| --- | --- |

186.

| 187. | Calls on the Commission and the Member States to consider the creation of a European regulatory agency for AI and algorithmic decision-making tasked with:






  — | Establishing a risk assessment matrix for classifying algorithm types and application –domains according to their potential for a significant negative impact on citizens; |
| --- | --- | --- |

187.

—

Establishing a risk assessment matrix for classifying algorithm types and application –domains according to their potential for a significant negative impact on citizens;

| — | Investigating the use of algorithmic systems where a case of infringement of human rights is suspected (with evidence provided by a whistle-blower, for example); |
| --- | --- |

—

Investigating the use of algorithmic systems where a case of infringement of human rights is suspected (with evidence provided by a whistle-blower, for example);

| — | Advising other regulatory agencies about algorithmic systems falling within their remit; |
| --- | --- |

—

Advising other regulatory agencies about algorithmic systems falling within their remit;

| — | Enhancing the effectiveness of the tort liability mechanism as a means to regulate accountability of algorithmic systems by providing a contact point for citizens who are not familiar with legal procedures; |
| --- | --- |

—

Enhancing the effectiveness of the tort liability mechanism as a means to regulate accountability of algorithmic systems by providing a contact point for citizens who are not familiar with legal procedures;

| — | Auditing the AIAs of high-level impact systems to approve or reject the proposed uses of algorithmic decision-making in highly sensitive and/or safety-critical application domains (private health-care, for instance); the AIA for private sector applications could follow a very similar process to the one proposed for the public sector, with the possible difference that the various stages of public disclosure could be handled as confidential communication to the regulatory agency (under a non-disclosure agreement) in order to safeguard vital trade secrets; |
| --- | --- |

—

Auditing the AIAs of high-level impact systems to approve or reject the proposed uses of algorithmic decision-making in highly sensitive and/or safety-critical application domains (private health-care, for instance); the AIA for private sector applications could follow a very similar process to the one proposed for the public sector, with the possible difference that the various stages of public disclosure could be handled as confidential communication to the regulatory agency (under a non-disclosure agreement) in order to safeguard vital trade secrets;

| — | Investigating suspected cases of rights violations by algorithmic decision-making systems, for both individual decision instances (singular aberrant outcomes, for example) and statistical decision patterns (discriminatory bias, for instance); investigations could be triggered following the lodging of complaints, or on the basis of evidence provided by whistle-blowers, investigative journalists or independent researchers (including NGOs and academics); |
| --- | --- |

—

Investigating suspected cases of rights violations by algorithmic decision-making systems, for both individual decision instances (singular aberrant outcomes, for example) and statistical decision patterns (discriminatory bias, for instance); investigations could be triggered following the lodging of complaints, or on the basis of evidence provided by whistle-blowers, investigative journalists or independent researchers (including NGOs and academics);

| 188. | Notes the ongoing work on AI by the International Organisation for Standardisation (ISO), and urges the Member States to coordinate their ISO members to ensure that European interests are represented accordingly in the development of standards in this area; |
| --- | --- |

188.

6.2.   International governance

| 189. | Welcomes the creation of the OECD AI Policy Observatory and calls for greater ambition in developing a roadmap for further cooperation; |
| --- | --- |

189.

| 190. | Stresses the different models being developed in third countries, specifically in the US, China, Russia and Israel, and highlights the values-based approach used in Europe and the need to work with international partners in bilateral and multilateral settings, for the ethical advancement and adoption of AI; recognises that this technology does not have any borders and requires cooperation beyond that of the EU Member States alone; |
| --- | --- |

190.

| 191. | Calls on the Commission to work at an international level to ensure the greatest consistency between international players and to advocate EU ethical principles worldwide; |
| --- | --- |

191.

| 192. | Underlines that AI is a technology with a global impact, providing shared benefits and posing similar challenges; points to the need for a global approach, as in the case of the economic system, and especially in the case of a technology that has a significant impact on the markets; stresses the need for AI to be put on the agenda of existing institutions and organisations, and calls for an assessment of the need for additional fora, which should be created if necessary; |
| --- | --- |

192.

o

o o

| 193. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

193.

---

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

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

(3)  Texts adopted, P8_TA(2018)0341.

(4)  Texts adopted, P8_TA(2018)0332.

(5)  OJ L 252, 8.10.2018, p. 1.

(6)  COM(2018)0237.

(7)  Future and Emerging Technologies.

(8)  OECD Digital Economy Outlook 2017.

(9)  Special Eurobarometer 460.

(10)  Directive (EU) 2018/958 of the European Parliament and of the Council of 28 June 2018 on a proportionality test before adoption of new regulation of professions, OJ L 173, 9.7.2018, p. 25.

(11)  Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’), OJ L 354, 28.12.2013, p. 132.

(12)  Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, OJ L 376, 27.12.2006, p. 36.

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

(14)  OJ L 303, 28.11.2018, p. 59.

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

(16)  Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, OJ L 210, 7.8.1985, p. 29.

(17)  OJ L 195, 2.6.2004, p. 16.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/59 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/59

---

P8_TA(2019)0082

Sustainable use of pesticides

European Parliament resolution of 12 February 2019 on the implementation of Directive 2009/128/EC on the sustainable use of pesticides (2017/2284(INI))

(2020/C 449/07)

The European Parliament,

| — | having regard to Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (1), |
| --- | --- |

—

having regard to Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (1),

| — | having regard to Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (2), |
| --- | --- |

—

having regard to Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (2),

| — | having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (Maximum Residue Level Regulation) (3), |
| --- | --- |

—

having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (Maximum Residue Level Regulation) (3),

| — | having regard to Article 191 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 191 of the Treaty on the Functioning of the European Union,

| — | having regard to 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, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (4), |
| --- | --- |

—

having regard to 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, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (4),

| — | having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (5); |
| --- | --- |

—

having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (5);

| — | having regard to the European Implementation Assessment on the Regulation and to its relevant annexes, as published by the European Parliamentary Research Service (EPRS) in April 2018, |
| --- | --- |

—

having regard to the European Implementation Assessment on the Regulation and to its relevant annexes, as published by the European Parliamentary Research Service (EPRS) in April 2018,

| — | having regard to Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (6), |
| --- | --- |

—

having regard to Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (6),

| — | having regard to Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (7) and to Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens and mutagens at work (8), |
| --- | --- |

—

having regard to Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (7) and to Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens and mutagens at work (8),

| — | having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) (9) and to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (the Wild Birds Directive) (10), |
| --- | --- |

—

having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) (9) and to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (the Wild Birds Directive) (10),

| — | having regard to Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (11), |
| --- | --- |

—

having regard to Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (11),

| — | having regard to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (12), |
| --- | --- |

—

having regard to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (12),

| — | having regard to Commission Directive 2009/90/EC of 31 July 2009 laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status (13), |
| --- | --- |

—

having regard to Commission Directive 2009/90/EC of 31 July 2009 laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status (13),

| — | having regard to Directive 2009/127/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2006/42/EC with regard to machinery for pesticide application (14), |
| --- | --- |

—

having regard to Directive 2009/127/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2006/42/EC with regard to machinery for pesticide application (14),

| — | having regard to Directive 2013/39/EU of the European Parliament and of the Council of 12 August 2013 amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy (15), |
| --- | --- |

—

having regard to Directive 2013/39/EU of the European Parliament and of the Council of 12 August 2013 amending Directives 2000/60/EC and 2008/105/EC as regards priority substances in the field of water policy (15),

| — | having regard to the Proposal for a Regulation of the European Parliament and of the Council establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Regulation (EU) No 1307/2013 of the European Parliament and of the Council (COM(2018)0392), |
| --- | --- |

—

having regard to the Proposal for a Regulation of the European Parliament and of the Council establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Regulation (EU) No 1307/2013 of the European Parliament and of the Council (COM(2018)0392),

| — | having regard to the Commission Staff Working Document entitled ‘Agriculture and Sustainable Water Management in the EU’ (SWD(2017)0153), |
| --- | --- |

—

having regard to the Commission Staff Working Document entitled ‘Agriculture and Sustainable Water Management in the EU’ (SWD(2017)0153),

| — | having regard to the communication of 12 July 2006 from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled ‘A thematic strategy on the sustainable use of pesticides’ (COM(2006)0373 — SEC(2006)0894 — SEC(2006)0895 — SEC(2006)0914), (16) |
| --- | --- |

—

having regard to the communication of 12 July 2006 from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled ‘A thematic strategy on the sustainable use of pesticides’ (COM(2006)0373 — SEC(2006)0894 — SEC(2006)0895 — SEC(2006)0914), (16)

| — | having regard to its resolution of 7 June 2016 on enhancing innovation and economic development in future European farm management (17), |
| --- | --- |

—

having regard to its resolution of 7 June 2016 on enhancing innovation and economic development in future European farm management (17),

| — | having regard to its resolution of 7 June 2016 on technological solutions for sustainable agriculture in the EU (18), |
| --- | --- |

—

having regard to its resolution of 7 June 2016 on technological solutions for sustainable agriculture in the EU (18),

| — | having regard to its resolution of 15 February 2017 on low-risk pesticides of biological origin (19), |
| --- | --- |

—

having regard to its resolution of 15 February 2017 on low-risk pesticides of biological origin (19),

| — | having regard to its resolution of 24 October 2017 on the draft Commission implementing regulation renewing the approval of the active substance glyphosate in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Implementing Regulation (EU) No 540/2011 (20), |
| --- | --- |

—

having regard to its resolution of 24 October 2017 on the draft Commission implementing regulation renewing the approval of the active substance glyphosate in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Implementing Regulation (EU) No 540/2011 (20),

| — | having regard to its resolution of 1 March 2018 on prospects and challenges for the EU apiculture sector (21), |
| --- | --- |

—

having regard to its resolution of 1 March 2018 on prospects and challenges for the EU apiculture sector (21),

| — | having regard to its resolution of 13 September 2018 on the implementation of the Plant Protection Products Regulation (EC) No 1107/2009 (22), |
| --- | --- |

—

having regard to its resolution of 13 September 2018 on the implementation of the Plant Protection Products Regulation (EC) No 1107/2009 (22),

| — | having regard to the ongoing European Implementation Assessment on Directive 2009/128/EC on establishing a framework for Community action to achieve the sustainable use of pesticides and to the report published by the European Parliamentary Research Service (EPRS) on 15 October 2018, |
| --- | --- |

—

having regard to the ongoing European Implementation Assessment on Directive 2009/128/EC on establishing a framework for Community action to achieve the sustainable use of pesticides and to the report published by the European Parliamentary Research Service (EPRS) on 15 October 2018,

| — | having regard to Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (23), |
| --- | --- |

—

having regard to Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (23),

| — | having regard to the report from the Commission to the European Parliament and the Council on the implementation of Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (COM(2017)0109), |
| --- | --- |

—

having regard to the report from the Commission to the European Parliament and the Council on the implementation of Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (COM(2017)0109),

| — | having regard to the Special Report of 2014 of the European Court of Auditors entitled ‘Integration of EU water policy objectives with the CAP: a partial success’, |
| --- | --- |

—

having regard to the Special Report of 2014 of the European Court of Auditors entitled ‘Integration of EU water policy objectives with the CAP: a partial success’,

| — | having regard to the Commission report of 10 October 2017 on Member State National Action Plans and on progress in the implementation of Directive 2009/128/EC on the sustainable use of pesticides (COM(2017)0587), |
| --- | --- |

—

having regard to the Commission report of 10 October 2017 on Member State National Action Plans and on progress in the implementation of Directive 2009/128/EC on the sustainable use of pesticides (COM(2017)0587),

| — | having regard to the overview report of October 2017 by the Commission’s Directorate-General for Health and Food Safety (DG SANTE) on the implementation of Member States’ measures to achieve the sustainable use of pesticides under Directive 2009/128/EC (24), |
| --- | --- |

—

having regard to the overview report of October 2017 by the Commission’s Directorate-General for Health and Food Safety (DG SANTE) on the implementation of Member States’ measures to achieve the sustainable use of pesticides under Directive 2009/128/EC (24),

| — | having regard to the Commission communication of 22 November 2016 entitled ‘Next steps for a sustainable European future: European Action for Sustainability’ (COM(2016)0739), |
| --- | --- |

—

having regard to the Commission communication of 22 November 2016 entitled ‘Next steps for a sustainable European future: European Action for Sustainability’ (COM(2016)0739),

| — | having regard to the 7th Environment Action Programme (25), |
| --- | --- |

—

having regard to the 7th Environment Action Programme (25),

| — | having regard to the 2017 UN report of the Special Rapporteur on the Right to Food drafted pursuant to UN Human Rights Council resolutions 6/2, 31/10 and 32/8 (26), |
| --- | --- |

—

having regard to the 2017 UN report of the Special Rapporteur on the Right to Food drafted pursuant to UN Human Rights Council resolutions 6/2, 31/10 and 32/8 (26),

| — | having regard to the Implementation Plan on increasing low-risk plant protection product availability and accelerating integrated pest management implementation in Member States, developed by the Expert Group on Sustainable Plant Protection and endorsed by the Council on 28 June 2016 (27), |
| --- | --- |

—

having regard to the Implementation Plan on increasing low-risk plant protection product availability and accelerating integrated pest management implementation in Member States, developed by the Expert Group on Sustainable Plant Protection and endorsed by the Council on 28 June 2016 (27),

| — | having regard to the resolution of the French Senate of 19 May 2017 on limiting the use of pesticides in the European Union (28), |
| --- | --- |

—

having regard to the resolution of the French Senate of 19 May 2017 on limiting the use of pesticides in the European Union (28),

| — | having regard to its resolution of 16 January 2019 on the Union’s authorisation procedure for pesticides (29) |
| --- | --- |

—

having regard to its resolution of 16 January 2019 on the Union’s authorisation procedure for pesticides (29)

| — | having regard to the scientific study on flying insect biomass published on 18 October 2017 (30), |
| --- | --- |

—

having regard to the scientific study on flying insect biomass published on 18 October 2017 (30),

| — | having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Agriculture and Rural Development (A8-0045/2019), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Agriculture and Rural Development (A8-0045/2019),

| A. | whereas Directive 2009/128/EC of the European Parliament and of the Council on the sustainable use of pesticides (hereinafter ‘the Directive’) provides for a range of actions to achieve a sustainable use of pesticides in the EU, by reducing the risks and impacts of pesticide use on human health and the environment and promoting the use of Integrated Pest Management (IPM) and alternative plant protection approaches or techniques, such as non-chemical alternatives and low-risk plant protection products (PPPs) as defined in Regulation (EC) No 1107/2009, the aim being to reduce pesticide dependency and safeguard human and animal health and the environment; |
| --- | --- |

A.

whereas Directive 2009/128/EC of the European Parliament and of the Council on the sustainable use of pesticides (hereinafter ‘the Directive’) provides for a range of actions to achieve a sustainable use of pesticides in the EU, by reducing the risks and impacts of pesticide use on human health and the environment and promoting the use of Integrated Pest Management (IPM) and alternative plant protection approaches or techniques, such as non-chemical alternatives and low-risk plant protection products (PPPs) as defined in Regulation (EC) No 1107/2009, the aim being to reduce pesticide dependency and safeguard human and animal health and the environment;

| B. | whereas the Directive is a valuable tool for ensuring that the environment, ecosystems, and human and animal health are well protected from hazardous substances in pesticides, while providing sustainable and ecological solutions for a larger and more varied toolbox to eliminate and prevent yield losses caused by pests, disease, weeds and invasive alien species and combating pathogen resistance build-up; whereas a full and comprehensive implementation of the Directive is a prerequisite for achieving a high degree of protection and accomplishing a transition towards sustainable agriculture, the production of safe and healthy food, and a non-toxic environment which ensures a high level of protection for human and animal health; |
| --- | --- |

B.

whereas the Directive is a valuable tool for ensuring that the environment, ecosystems, and human and animal health are well protected from hazardous substances in pesticides, while providing sustainable and ecological solutions for a larger and more varied toolbox to eliminate and prevent yield losses caused by pests, disease, weeds and invasive alien species and combating pathogen resistance build-up; whereas a full and comprehensive implementation of the Directive is a prerequisite for achieving a high degree of protection and accomplishing a transition towards sustainable agriculture, the production of safe and healthy food, and a non-toxic environment which ensures a high level of protection for human and animal health;

| C. | whereas whilst IPM can help to prevent yield losses caused by pests, its main purposes is to enable users of pesticides to switch to practices and products with the lowest risk to human health and the environment, as outlined in Article 14 of the Directive; notes that, in any case, many studies have shown that pesticide use can be significantly reduced without any negative impacts on yield; |
| --- | --- |

C.

whereas whilst IPM can help to prevent yield losses caused by pests, its main purposes is to enable users of pesticides to switch to practices and products with the lowest risk to human health and the environment, as outlined in Article 14 of the Directive; notes that, in any case, many studies have shown that pesticide use can be significantly reduced without any negative impacts on yield;

| D. | whereas the Directive has to be read in conjunction with the other two main pieces of legislation covering the complete lifecycle of a pesticide, starting from its placing on the market (Regulation (EC) No 1107/2009) and ending with the setting of maximum residue levels (Regulation (EC) No 396/2005); whereas it is therefore impossible to achieve the Directive’s objective of protecting human health and the environment from the risks associated with the use of pesticides without fully implementing and properly enforcing the entire ‘pesticides package’; |
| --- | --- |

D.

whereas the Directive has to be read in conjunction with the other two main pieces of legislation covering the complete lifecycle of a pesticide, starting from its placing on the market (Regulation (EC) No 1107/2009) and ending with the setting of maximum residue levels (Regulation (EC) No 396/2005); whereas it is therefore impossible to achieve the Directive’s objective of protecting human health and the environment from the risks associated with the use of pesticides without fully implementing and properly enforcing the entire ‘pesticides package’;

| E. | whereas, in order to reduce the risks and impacts of pesticide use on human health and the environment, the Commission and the Member States should address the issue of counterfeit and illegal pesticides, as well as the worrying problem of imported agricultural products treated with chemicals that are either banned or restricted in the EU; |
| --- | --- |

E.

whereas, in order to reduce the risks and impacts of pesticide use on human health and the environment, the Commission and the Member States should address the issue of counterfeit and illegal pesticides, as well as the worrying problem of imported agricultural products treated with chemicals that are either banned or restricted in the EU;

| F. | whereas the current practices of the Commission and the Member States regarding the approval of active substances and authorisation of plant protection products are not compatible with the objectives and purpose of the directive; whereas these current practices impede attaining the highest possible level of protection and achieving the transition to a sustainable agricultural sector and a non-toxic environment; |
| --- | --- |

F.

whereas the current practices of the Commission and the Member States regarding the approval of active substances and authorisation of plant protection products are not compatible with the objectives and purpose of the directive; whereas these current practices impede attaining the highest possible level of protection and achieving the transition to a sustainable agricultural sector and a non-toxic environment;

| G. | whereas the available evidence clearly shows that the implementation of the directive is not sufficiently aligned with related EU policies in the field of pesticides, agriculture and sustainable development, notably but not exclusively the common agricultural policy (CAP) and the Plant Protection Products Regulation; whereas the directive, alongside related actions at EU level, has great potential to further enhance and add value to national efforts and actions in the agricultural sector and strengthen protection for the environment and human health; |
| --- | --- |

G.

whereas the available evidence clearly shows that the implementation of the directive is not sufficiently aligned with related EU policies in the field of pesticides, agriculture and sustainable development, notably but not exclusively the common agricultural policy (CAP) and the Plant Protection Products Regulation; whereas the directive, alongside related actions at EU level, has great potential to further enhance and add value to national efforts and actions in the agricultural sector and strengthen protection for the environment and human health;

| H. | whereas the current regulatory framework, including the data requirements, was designed for the assessment and management of chemical PPPs, and is thus ill-fitting for low-risk biological active substances and products; whereas this ill-fitting framework is significantly slowing down the market entry of low-risk biological PPPs, often deterring applicants; whereas this hinders innovation and hampers the competitiveness of EU agriculture; whereas this also leads to over 60 active substances identified by the European Commission as candidates for substitution not being replaced given the lack of safer alternatives, including low-risk biological active substances; |
| --- | --- |

H.

whereas the current regulatory framework, including the data requirements, was designed for the assessment and management of chemical PPPs, and is thus ill-fitting for low-risk biological active substances and products; whereas this ill-fitting framework is significantly slowing down the market entry of low-risk biological PPPs, often deterring applicants; whereas this hinders innovation and hampers the competitiveness of EU agriculture; whereas this also leads to over 60 active substances identified by the European Commission as candidates for substitution not being replaced given the lack of safer alternatives, including low-risk biological active substances;

| I. | whereas there is a lack of availability of low-risk PPPs, including biological ones; whereas only 13 substances are approved as low-risk active substances, 12 of these being biological, out of a total of almost 500 available on the EU market; whereas the insufficient implementation of the directive has de facto created an unlevelled playing field in Europe with diverging national practices impeding the optimal uptake of sustainable alternatives on the market; whereas this situation has made it difficult for alternative low-risk and non-chemical products to sufficiently penetrate the EU market, which reduces their attractiveness to farmers, who may instead opt for more cost-effective alternatives in the short term; whereas the lack of availability of low-risk PPPs, including biological ones, hinders the development and implementation of integrated pest management (IPM); |
| --- | --- |

I.

whereas there is a lack of availability of low-risk PPPs, including biological ones; whereas only 13 substances are approved as low-risk active substances, 12 of these being biological, out of a total of almost 500 available on the EU market; whereas the insufficient implementation of the directive has de facto created an unlevelled playing field in Europe with diverging national practices impeding the optimal uptake of sustainable alternatives on the market; whereas this situation has made it difficult for alternative low-risk and non-chemical products to sufficiently penetrate the EU market, which reduces their attractiveness to farmers, who may instead opt for more cost-effective alternatives in the short term; whereas the lack of availability of low-risk PPPs, including biological ones, hinders the development and implementation of integrated pest management (IPM);

| J. | whereas organic agriculture plays an important role as a low-pesticide input system and should be further encouraged; |
| --- | --- |

J.

whereas organic agriculture plays an important role as a low-pesticide input system and should be further encouraged;

| K. | whereas there is increasing evidence of an ongoing massive decline in the insect population in Europe, which is being linked to current levels of pesticide use; whereas the observed sharp decline in insect numbers has negative impacts on the entire ecosystem and on biological diversity, but also on the agricultural sector and its future economic wellbeing and output; |
| --- | --- |

K.

whereas there is increasing evidence of an ongoing massive decline in the insect population in Europe, which is being linked to current levels of pesticide use; whereas the observed sharp decline in insect numbers has negative impacts on the entire ecosystem and on biological diversity, but also on the agricultural sector and its future economic wellbeing and output;

| L. | whereas Europe currently stands at a crossroads that will determine the future of the agriculture sector and the Union’s possibilities of achieving a sustainable use of pesticides, most notably through the reform of the CAP; whereas reforming the CAP brings with it a substantial potential to strengthen the streamlining and harmonisation of policies as well as the implementation of the directive, and to facilitate the transition towards more environmentally sustainable agricultural practices; |
| --- | --- |

L.

whereas Europe currently stands at a crossroads that will determine the future of the agriculture sector and the Union’s possibilities of achieving a sustainable use of pesticides, most notably through the reform of the CAP; whereas reforming the CAP brings with it a substantial potential to strengthen the streamlining and harmonisation of policies as well as the implementation of the directive, and to facilitate the transition towards more environmentally sustainable agricultural practices;

| M. | whereas the use of conventional PPPs is increasingly subject to public debate, owing to the potential risks they pose to human and animal health and the environment; |
| --- | --- |

M.

whereas the use of conventional PPPs is increasingly subject to public debate, owing to the potential risks they pose to human and animal health and the environment;

| N. | whereas it is important to promote the development of alternative procedures or techniques in order to reduce dependence on conventional pesticides and deal with the rising resistance to conventional PPPs; |
| --- | --- |

N.

whereas it is important to promote the development of alternative procedures or techniques in order to reduce dependence on conventional pesticides and deal with the rising resistance to conventional PPPs;

| O. | whereas Regulation (EC) No 1107/2009 obliges the Council to ensure that the statutory management requirement as laid down in Annex III to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (31) incorporates the principles of IPM, including good plant protection practice and non-chemical methods of plant protection and pest and crop management; |
| --- | --- |

O.

whereas Regulation (EC) No 1107/2009 obliges the Council to ensure that the statutory management requirement as laid down in Annex III to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (31) incorporates the principles of IPM, including good plant protection practice and non-chemical methods of plant protection and pest and crop management;

| P. | whereas IPM implementation is mandatory in the EU, in line with the directive; whereas Member States and local authorities should place more emphasis on the sustainable use of pesticides, including low-risk plant protection alternatives; |
| --- | --- |

P.

whereas IPM implementation is mandatory in the EU, in line with the directive; whereas Member States and local authorities should place more emphasis on the sustainable use of pesticides, including low-risk plant protection alternatives;

| Q. | whereas the ‘sustainable use’ of pesticides cannot be realised without taking into account human exposure to combinations of active substances and co-formulants, as well as their cumulative and possible aggregate and synergistic effects on human health; |
| --- | --- |

Q.

whereas the ‘sustainable use’ of pesticides cannot be realised without taking into account human exposure to combinations of active substances and co-formulants, as well as their cumulative and possible aggregate and synergistic effects on human health;

Main conclusions

| 1. | Recalls the specific objectives of the Thematic Strategy on the Sustainable Use of Pesticides as, inter alia, the minimisation of hazards and risks to health and the environment from the use of pesticides; improved controls on the use and distribution of pesticides; reduction in the levels of harmful active substances including through substituting the most dangerous with safer, including non-chemical alternatives; encouraging low-input or pesticide free cultivation; and the establishment of a transparent system for reporting and monitoring progress towards the fulfilment of the objectives of the strategy, including through the development of suitable indicators; |
| --- | --- |

1.

| 2. | Considers it essential to evaluate the implementation of the Directive in conjunction with the EU’s overarching pesticides policy, including the rules laid down by the Plant Protection Products Regulation, by Regulation (EU) No 528/2012 (the Biocides Regulation) (32), by the Maximum Residue Level Regulation, and by Regulation (EC) No 178/2002 (the General Food Law) (33); |
| --- | --- |

2.

| 3. | Regrets that, despite efforts made, the overall degree of progress in implementation by the Member States is insufficient to meet the Directive’s main objectives and to unlock its full potential to reduce the overall risks deriving from pesticide use while also reducing pesticide dependency, promote the transition towards ecologically sustainable and safe plant protection techniques, and achieve the urgently needed environmental and health improvements the Directive was specifically designed for; deplores the three-year delay in submission of the implementation report on the directive by the Commission; |
| --- | --- |

3.

| 4. | Emphasises that the implementation of the Directive must be comprehensive and cover all the required aspects, and that partial implementation, i.e. of certain elements but not others, is insufficient to realise the Directive’s overarching purpose of achieving a sustainable use of pesticides; underlines the fact that the implementation of IPM practices, such as non-chemical alternatives and low-risk PPPs, plays a particularly important role in efforts to achieve this objective; |
| --- | --- |

4.

| 5. | Notes that the Commission's 2017 progress report identifies significant gaps in the National Action Plans (NAPs) of Member States, suggesting a lower commitment to protecting the environment and health in some countries, possibly resulting in unfair market competition and an undermining of the single market; reserves the right to refer non-compliant Member States to the Commissioner for competition; |
| --- | --- |

5.

| 6. | Expresses concern at the fact that approximately 80 % of Member States’ NAPs contain no specific information on how to quantify the achievement of many of the objectives and targets, particularly as regards targets for IPM and aquatic protection measures; stresses that this greatly complicates the process of measuring the progress made by Member States in fulfilling the main objectives and purpose of the Directive; |
| --- | --- |

6.

| 7. | Is concerned by the fact that the NAPs are inconsistent as regards the establishment of quantitative objectives, targets, measures and timetables for the various action areas, making it impossible to assess the progress made; regrets that only five NAPs set high-level measurable targets, of which four relate to risk reduction and only one to use reduction; regrets the fact that only 11 Member States have produced a revised NAP to date, although the deadline for revision was the end of 2017; |
| --- | --- |

7.

| 8. | Regrets the fact that in many Member States there is not sufficient commitment to IPM practices based on its eight principles with the prioritisation of non-chemical alternatives to pesticides; regrets that one of the main challenges regarding the implementation of IPM, which is the cornerstone of the Directive, seems to be the current lack of appropriate control instruments and methods to assess compliance in the Member States, as well as of clear rules and guidance; underlines the fact that comprehensive implementation of IPM is one of the key measures for reducing dependency on pesticide use in sustainable agriculture, which is environmentally friendly, economically viable and socially responsible and contributes to Europe’s food security while strengthening biodiversity and human and animal health, boosting the rural economy and reducing costs for farmers by facilitating the market uptake of non-chemical alternatives and low-risk PPPs in the different European zones; stresses that additional financial incentives and educational measures are needed to strengthen the uptake of IPM practices by individual farms; |
| --- | --- |

8.

| 9. | Considers that IPM represents a valuable tool for farmers to combat pests and disease and to ensure production yields; notes that an increased uptake of IPM serves the dual purpose of strengthening the protection of the environment and biodiversity, as well as reducing costs for farmers to switch to more sustainable alternatives and reduce the use of conventional pesticides; believes that a greater effort is needed to encourage the uptake of IPM, via research and through Member States' advisory bodies; recalls that IPM can play an important role in reducing the quantities and varieties of pesticides used; |
| --- | --- |

9.

| 10. | Notes that within the IPM toolkit, biological control involves boosting or introducing beneficial species that predate upon and therefore regulate pest populations, keeping them in check; emphasises, therefore, the importance of preferring sustainable biological, physical and other non-chemical methods to chemical pesticides if they provide satisfactory pest control; stresses also the importance of applying chemical pesticides in a selective and targeted manner, since otherwise those beneficial pest control agents risk being wiped out, leaving the crops more susceptible to future attacks; |
| --- | --- |

10.

| 11. | Is concerned that very little progress has been made in promoting and incentivising the innovation, development and uptake of low-risk and non-chemical alternatives to conventional pesticides; notes that a mere handful of NAPs contain incentives for the registration of such alternative products and methods; emphasises that minor uses are particularly vulnerable owing to the scarcity of the relevant active substances; |
| --- | --- |

11.

| 12. | Highlights that sustainable and responsible use of pesticides is a precondition for the authorisation of PPPs; |
| --- | --- |

12.

| 13. | Regrets the lack of availability of low-risk active substances and PPPs, mainly caused by the lengthy evaluation, authorisation and registration process due partly to the fact that the shorter authorisation time-frame of 120 days for such cases is rarely fulfilled at Member State level; emphasises that the current situation is not compliant with the principles of promoting and implementing IPM, and stresses the importance of the availability of low-risk pesticides, adequate research and the sharing of best practices within and among Member States in order to fully utilise the potential of IPM; considers that a faster approval process would stimulate industry research into the development of new low-risk active ingredients, including innovative low-risk substances, thus ensuring that farmers have sufficient plant protection tools at their disposal and enabling them to switch more rapidly to sustainable PPPs and increase IPM’s efficacy; |
| --- | --- |

13.

| 14. | Recalls that increased pesticide resistance creates increased use and dependency; notes that greater use of and dependency on pesticides come at a high cost to farmers, both through high input costs and owing to the loss in yields arising from the depletion of soil and reduced soil quality; |
| --- | --- |

14.

| 15. | Notes that increased availability of low-risk PPPs on the market would reduce the risk of resistance to active ingredients, as well as the effects on non-target species linked to commonly used PPPs; |
| --- | --- |

15.

| 16. | Notes in this respect that resistance to pesticide active substances is a biological inevitability in fast-reproducing pests and diseases and is a growing problem; stresses, therefore, that sustainable biological, physical and other non-chemical methods must be preferred to chemical pesticides if they provide satisfactory pest control; recalls that chemical pesticides should be used selectively and in a targeted manner; stresses that otherwise these beneficial pest control agents risk being wiped out, leaving the crops more susceptible to future attacks; |
| --- | --- |

16.

| 17. | Notes further that the best pesticide volume reductions are likely to arise from systemic changes that reduce susceptibility to pest attack, favour structural and biological diversity over monocultures and continuous cropping, and reduce pest resistance to active ingredients; highlights, therefore, the need to focus on, fund and mainstream agro-ecological methods which make the whole farming system more resilient to pests; |
| --- | --- |

17.

| 18. | Stresses that the CAP in its current form does not sufficiently encourage and incentivise the reduction of farms’ dependency on pesticides and the uptake of organic production techniques; considers that specific policy instruments in the post-2020 CAP are required in order to help change farmers’ behaviour as regards pesticide use; |
| --- | --- |

18.

| 19. | Deplores the fact that the Commission proposal on the new post-2020 CAP does not incorporate the principle of IPM in the statutory management requirements referred to in Annex III of that proposal; stresses that lack of linkage between the directive and the new CAP model will effectively hamper the reduction of pesticide dependency; |
| --- | --- |

19.

| 20. | Notes that most Member States use national risk indicators to assess, either entirely or in part, the adverse impact of pesticide use; recalls that in spite of the explicit obligation laid down in Article 15 of the Directive, EU-wide harmonised risk indicators have still not been agreed on by the Member States, which makes it all but impossible to compare the progress made in different Member States and across the Union as a whole; welcomes the adoption, on 25 January 2019, of harmonised risk indicators by the Standing Committee on Plants, Animals, Food and Feed (PAFF Committee); |
| --- | --- |

20.

| 21. | Emphasises the fundamental importance of biodiversity and of robust ecosystems, most notably in the case of bees and other pollinating insects, which are essential in order to ensure a healthy and sustainable agricultural sector; underlines that the protection of biodiversity is not exclusively a matter of protecting the environment, but is also a means to ensure Europe’s sustained food security in the future; |
| --- | --- |

21.

| 22. | Is deeply concerned about the continuous and potentially irreversible loss of biodiversity in Europe and about the alarming decline of winged insects, including pollinators, as evidenced by the findings of the October 2017 scientific study on flying insect biomass (34), according to which the flying insect population in 63 nature protection areas in Germany has plummeted by more than 75 % in 27 years; stresses, further, the important decline in common bird species across Europe, possibly arising from the reduced insect population; notes, moreover, the unintentional effects of pesticides on soil and soil organisms (35) and other non-target species; considers that pesticides are one of the main factors responsible for the decline of insects, farmland bird species and other non-target organisms, and further underlines the need for Europe to switch to more sustainable pesticide use and increase the number of non-chemical alternatives and low-risk PPPs for farmers; |
| --- | --- |

22.

| 23. | Maintains that neonicotinoid-based pesticides are playing a particular role in the worrying decline in bee populations across Europe, as can be seen from a range of international studies which have formed the basis for petitions from citizens bearing hundreds of thousands of signatures from all over the continent; |
| --- | --- |

23.

| 24. | Recognises the importance of NAPs and IPM in significantly reducing pesticide usage in order to avoid irreversible biodiversity loss while favouring agro-ecological measures and organic farming wherever possible; |
| --- | --- |

24.

| 25. | Further emphasises that the development of sustainable agricultural choices is necessary to reduce climate change impacts on food security; |
| --- | --- |

25.

| 26. | Expresses particular concern at the continued use of pesticides with active substances that are mutagenic, carcinogenic or toxic for reproduction, or have endocrine-disrupting characteristics and are damaging to humans or animals; emphasises that the use of such pesticides is incompatible with the objectives and purpose of the Directive; |
| --- | --- |

26.

| 27. | Emphasises that the aquatic environment is particularly sensitive to pesticides; welcomes the fact that some Member States have taken a range of measures to protect it from them; regrets, however, that most Member States have not established quantitative targets and timetables for measures to protect the aquatic environment from pesticides, and those that have done so have not specified how the achievement of targets or objectives would be measured; believes that the monitoring of currently used pesticides in the aquatic environment should be improved; |
| --- | --- |

27.

| 28. | Notes that agriculture is one of the main sources that cause water bodies to fail to achieve good chemical status, as it leads to pollution by pesticides; highlights that preventing pesticides entering freshwater systems is more cost-effective than removal technologies, and that Member States must provide appropriate incentives in this regard to farmers; in this regard, also recognises the importance of the implementation of the Water Framework Directive for improving water quality; welcomes the progress made by Member States in tackling priority substances, which has led to fewer water bodies failing to meet standards for substances such as cadmium, lead and nickel, as well as pesticides; |
| --- | --- |

28.

| 29. | Regrets the fact that the deterioration of water resources has increasingly led to additional treatment by drinking water operators in order to ensure that water intended for human consumption complies with the pesticides limits as enshrined in Council Directive 98/83/EC on the quality of water intended for human consumption, with the costs being borne by consumers, not polluters; |
| --- | --- |

29.

| 30. | Stresses that some pesticides are internationally recognised as persistent organic pollutants (POPs), owing to their potential for long-range transport, persistence in the environment and ability to bio-magnify throughout the food chain and bio-accumulate in ecosystems, as well as their significant negative effects on human health; |
| --- | --- |

30.

| 31. | Welcomes the fact that all Member States have established training and certification schemes regarding the use of PPPs, but regrets that in some Member States training obligations are not met for all required subjects listed in Annex I; underlines the importance of training of users in order to ensure the safe and sustainable use of PPPs; considers it fitting to distinguish between professional and amateur users, given that they are not subject to the same obligations; emphasises that both professional and non-professional users of PPPs should receive adequate training; |
| --- | --- |

31.

| 32. | Notes the potential of using intelligent technology and precision farming as means to better administer PPPs and to prevent the dispersion thereof in areas where they are not needed, for instance by means of drone or GPS precision technology; stresses, moreover, that the uptake of such solutions could be improved in Member States if better incorporated into training courses and certification schemes for pesticides users in the NAPs; |
| --- | --- |

32.

| 33. | Stresses that PPPs are used not only in agriculture but also for weed and pest control in areas used by the general public or vulnerable groups as defined in Article 12a of the Directive, including public parks and railways; whereas the use of PPPs in such areas is inappropriate; welcomes the fact that several Member States and numerous regional and local governments have taken action to restrict or prohibit pesticide use in areas used by the general public or vulnerable groups; notes, however, the absence of measurable targets in the majority of Member States; |
| --- | --- |

33.

| 34. | Expresses concern that many Member States have not interpreted the requirement of Article 12(a) correctly, reading it as referring only to non-agricultural use, while in fact vulnerable groups such as those defined in Regulation (EC) No 1107/2009 include residents subject to high pesticide exposure over the long term; notes in addition that the Commission has confirmed that there is no legal reason why agricultural application should be excluded from the provisions of Article 12; |
| --- | --- |

34.

| 35. | Notes Member States’ continued support for organic agriculture as a low-pesticide input system; welcomes the fact that the number of organic farms has continued to increase in the Union, but notes that progress still varies considerably between Member States; |
| --- | --- |

35.

| 36. | Notes that organic farmers suffer economic losses when their soil and organic produce are contaminated by pesticide use on neighbouring farms via, for example, drift from pesticide spraying and movement of persistent active substances in the environment; points out that, consequently, due to actions beyond their control, organic farmers may be forced to sell their produce as conventional, losing out on their price premium, or may even be decertified; |
| --- | --- |

36.

| 37. | Notes that, while Member States generally have systems to gather information on acute pesticide poisoning, the accuracy of this data and its use is questioned; highlights the fact that systems for gathering such information on chronic poisoning have not been widely implemented; |
| --- | --- |

37.

| 38. | Highlights the fact that EFSA’s latest report on pesticide residues in food showed that 97,2 % of samples throughout Europe were within the legal limits under the EU legislation, which bears witness to an extremely rigorous and safe food production system; |
| --- | --- |

38.

Recommendations

| 39. | Calls on the Member States to complete the implementation of the Directive without further delay; |
| --- | --- |

39.

| 40. | Calls on the Commission and the Member States to ensure that all relevant stakeholders are included in any stakeholder activities on pesticides, including the public, as provided for in Directive 2003/35/EC and the Aarhus Convention; |
| --- | --- |

40.

| 41. | Calls on the Member States to take a proactive role in the practical implementation of the Directive in order to identify gaps and specific areas which require particular attention with respect to the protection of human health and the environment, and not to confine themselves to the usual national transposition and control mechanisms; |
| --- | --- |

41.

| 42. | Calls on the Member States to acknowledge that the EU must act without delay to transition to a more sustainable use of pesticides, and that the main responsibility for implementing such practices lies with the Member States; emphasises that swift action is essential; |
| --- | --- |

42.

| 43. | Calls on the Member States to adhere to the established timelines for delivering revised NAPs; urges those Member States that have not yet done so to deliver without further delay, this time with clear quantitative targets and a measurable overall objective of an immediate and long-term effective reduction in the risks and impacts of pesticide use, including clearly defined annual reduction targets and with special attention to the possible effects on pollinators and the fostering and uptake of sustainable non-chemical alternatives and low-risk PPPs, in line with the IPM principles; |
| --- | --- |

43.

| 44. | Calls on the Commission to propose an ambitious EU-wide binding target for the reduction of pesticide use; |
| --- | --- |

44.

| 45. | Calls on the Commission to further develop guidance on all the IPM principles and their implementation; asks the Commission in this regard to establish guidelines on the establishment of criteria for measuring and assessing the implementation of IPM in the Member States; |
| --- | --- |

45.

| 46. | Calls on the Commission and the Member States to take all requisite measures to promote low-risk pesticides, and to prioritise non-chemical options and methods which entail the least risk of harm to health and the natural environment, while ensuring effective and efficient crop protection; stresses that for this to be successful, the economic incentives for farmers to choose such options must be strengthened; |
| --- | --- |

46.

| 47. | Calls on the Commission and the Member States to place greater emphasis on the promotion of the development, research, registration and marketing of low-risk and biological alternatives, including by increasing funding opportunities within Horizon Europe and the Multiannual Financial Framework 2021-2027; recalls the importance of preferring sustainable biological, physical and other non-chemical methods to chemical pesticides if they provide satisfactory pest control; recalls the importance of the added value of ecologically sustainable and safe plant protection techniques;; |
| --- | --- |

47.

| 48. | Calls on the Commission, without further delay, to deliver on its commitment under the 7th Environment Action Programme to put forward a Union strategy for a non-toxic environment that is conducive to innovation and the development of sustainable substitutes, including non-chemical solutions; expects the Commission to take particular account in this strategy of the impacts of pesticides on the environment and human health; |
| --- | --- |

48.

| 49. | Encourages more focus on risk reduction, as extensive use of low-risk substances might be more harmful than limited use of high-risk substances; |
| --- | --- |

49.

| 50. | Calls on the Commission and the Member States to ensure better coherence of the Directive and its implementation with related EU legislation and policies, most notably the provisions of the CAP and Regulation (EC) No 1107/2009, and in particular to integrate the IPM principles as legal requirements under the CAP, pursuant to Article 14 of the directive; |
| --- | --- |

50.

| 51. | Calls on the Commission and the Member States to strictly limit the number of essential use derogations under Regulation (EC) No 1107/2009 and update the relevant guidance documents so as to ensure that the risk assessment of pesticides reflects real-life exposure and conditions and takes into account all possible impacts on health and the environment; |
| --- | --- |

51.

| 52. | Recommends giving Member States the flexibility to apply IPM as part of the greening measures under the CAP; |
| --- | --- |

52.

| 53. | Welcomes the recent adoption of harmonised risk indicators by the Standing Committee on Plants, Animals, Food and Feed (PAFF Committee) and calls on the Member States to move forward with the adoption and implementation of harmonised risk indicators as recently proposed by the Commission, in order to properly monitor the reduction impacts of pesticides; |
| --- | --- |

53.

| 54. | Calls on the Commission to establish a fully operational and transparent system for the regular collection of statistical data on pesticide use, impacts of occupational and non-occupational exposure to pesticides on human and animal health, and presence of pesticide residues in the environment, especially in soil and water; |
| --- | --- |

54.

| 55. | Calls on the Commission and the Member States to promote research programmes aimed at determining the impacts of pesticide use on human health, taking into account the full range of toxicological and long-term effects, including immunotoxicity, endocrine disruption and neurodevelopmental toxicity, and focusing on the effects of prenatal exposure to pesticides on children's health; |
| --- | --- |

55.

| 56. | Urges the Commission to take a risk-based approach to the management and use of commonly used PPPs that is justified by independent, peer-reviewed scientific evidence; |
| --- | --- |

56.

| 57. | Calls on the Commission to submit, before the end of its current mandate, a specific legislative proposal amending Regulation (EC) No 1107/2009, outside of the general revision in connection with the REFIT initiative, with a view to adding a definition and a separate category for ‘naturally occurring substances’ and ‘nature-identical substances’, the criterion for which would be the existing presence and exposure of the substance in nature, as well as to establishing a rigorous fast-track evaluation, authorisation and registration procedure for low-risk biological pesticides, in line with Parliament’s resolutions of 15 February 2017 on low-risk pesticides of biological origin and 13 September 2018 on the implementation of the Plant Protection Products Regulation (EC) No 1107/2009; |
| --- | --- |

57.

| 58. | Calls on the Commission and the Member States to ensure the effective implementation of the Union’s obligations under the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution and the 2004 Stockholm Convention on Persistent Organic Pollutants, and therefore to scale up their efforts to eliminate the manufacturing, placing on the market and use of POP pesticides, together with the establishment of provisions on the disposal of waste containing or contaminated by any of those substances; |
| --- | --- |

58.

| 59. | Calls on the Member States to ensure that professionally qualified and independent advisory services are available to provide advice and training to end-users on the sustainable use of pesticides, and on IPM in particular; |
| --- | --- |

59.

| 60. | Calls on the Commission and the Member States to place greater emphasis on further investment and research into the development and uptake of precision and digital farming technologies in order to render PPPs more efficient and thus significantly reduce pesticide dependency, as per the aims of the directive, thereby reducing the exposure of both professional users and the general public; considers that the use of digitisation or precision farming should not lead to dependency on inputs or financial indebtedness for farmers; |
| --- | --- |

60.

| 61. | Calls on the Commission and the Member States to no longer allow the use of PPPs in areas used by the general public or vulnerable groups as defined by Article 3(14) of Regulation (EC) No 1107/2009; |
| --- | --- |

61.

| 62. | Calls on the Commission and the Member States to pay particular attention to the protection of vulnerable groups, as defined by Article 3(14) of Regulation (EC) No 1107/2009, especially considering the existing lack of protection of rural residents living in the locality of crops; calls, therefore, on the Commission and the Member States to propose immediate bans on the use of pesticides within substantial distances of residents’ homes, schools, playgrounds, nurseries and hospitals; |
| --- | --- |

62.

| 63. | Calls on the Commission and the Member States to invest in further research on the impact of pesticides on non-target species and to take immediate action to minimise it; |
| --- | --- |

63.

| 64. | Calls on the Commission and the Member States to promote an agricultural model which relies on preventive and indirect plant protection strategies aimed at reducing the use of external inputs, and on multifunctional naturally occurring substances; acknowledges the need for more research in and development of preventive and indirect agro-ecological plant health care strategies; |
| --- | --- |

64.

| 65. | Calls on the Member States to increase their investment in adaptation practices that prevent agro-chemical substances from reaching surface and deep water, as well as in measures aimed at containment of possible leaching of these substances into watercourses, rivers and seas; recommends that their use be prohibited in soils potentially draining into groundwater; |
| --- | --- |

65.

| 66. | Stresses the essential need for regular assessment of proportionality between the quantity of pesticides sold and the agricultural area of application, based on user databases and sales records; |
| --- | --- |

66.

| 67. | Calls on the Commission and the Member States to ensure full and uniform application of the hazard-based cut-off criteria for active substances that are mutagenic, carcinogenic or toxic for reproduction, or that have endocrine-disrupting properties; |
| --- | --- |

67.

| 68. | Calls on the Member States to strictly follow the ban on imports of prohibited pesticides into the EU from third countries, and to increase controls on imported food; |
| --- | --- |

68.

| 69. | Calls on the Commission to carefully consider all measures available to ensure compliance, including launching infringement proceedings against Member States which fail to comply with the obligation to fully implement the Directive; |
| --- | --- |

69.

| 70. | Calls on the Commission to take vigorous action against Member States that are systematically abusing derogations concerning banned pesticides containing neonicotinoids; |
| --- | --- |

70.

| 71. | Calls on the Commission and the Member States to ensure that the ‘polluter pays’ principle is fully implemented and effectively enforced as regards the protection of water resources; |
| --- | --- |

71.

| 72. | Calls for Horizon Europe to provide sufficient funding to promote the development of plant health care strategies based on a systemic approach combining innovative agro-ecological techniques and preventive measures aimed at reducing the use of external inputs to a minimum; |
| --- | --- |

72.

| 73. | Calls on the Commission to set up a pan-European Platform on Sustainable Pesticides Use that would bring together sectorial stakeholders and representatives at local and regional level so as to facilitate information-sharing and exchange of best practices in reducing pesticides use; |
| --- | --- |

73.

o

o o

| 74. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

74.

---

(1)  OJ L 309, 24.11.2009, p. 71.

(2)  OJ L 158, 30.4.2004, p. 7.

(3)  OJ L 70, 16.3.2005, p. 1.

(4)  OJ L 136, 29.5.2007, p. 3.

(5)  OJ L 309, 24.11.2009, p. 1.

(6)  OJ L 347, 20.12.2013, p. 608.

(7)  OJ L 131, 5.5.1998, p. 11.

(8)  OJ L 229, 29.6.2004, p. 23.

(9)  OJ L 206, 22.7.1992, p. 7.

(10)  OJ L 20, 26.1.2010, p. 7.

(11)  OJ L 330, 5.12.1998, p. 32.

(12)  OJ L 327, 22.12.2000, p. 1.

(13)  OJ L 201, 1.8.2009, p. 36.

(14)  OJ L 310, 25.11.2009, p. 29.

(15)  OJ L 226, 24.8.2013, p. 1.

(16)  https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52006DC0372

(17)  OJ C 86, 6.3.2018, p. 62.

(18)  OJ C 86, 6.3.2018, p. 51.

(19)  OJ C 252, 18.7.2018, p. 184.

(20)  OJ C 346, 27.9.2018, p. 117.

(21)  Texts adopted, P8_TA(2018)0057.

(22)  Texts adopted, P8_TA(2018)0356.

(23)  OJ L 324, 10.12.2009, p. 1

(24)  http://ec.europa.eu/food/audits-analysis/overview_reports/details.cfm?rep_id=114

(25)  OJ L 354, 28.12.2013, p. 171.

(26)  http://www.pan-uk.org/site/wp-content/uploads/United-Nations-Report-of-the-Special-Rapporteur-on-the-right-to-food.pdf

(27)  http://data.consilium.europa.eu/doc/document/ST-10041-2016-ADD-1/en/pdf

(28)  http://www.senat.fr/leg/ppr16-477.html

(29)  Texts adopted, P8_TA(2019)0023.

(30)  Caspar A. Hallmann et al., ‘More than 75 % decline over 27 years in total flying insect biomass in protected areas’, PLOS, 18 October 2017 — https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0185809

(31)  OJ L 270, 21.10.2003, p. 1.

(32)  Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products, OJ L 167, 27.6.2012, p. 1.

(33)  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.

(34)  https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0185809

(35)  https://esdac.jrc.ec.europa.eu/public_path/shared_folder/doc_pub/EUR27607.pdf

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/71 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/71

---

P8_TA(2019)0083

Implementation of the cross-border Healthcare Directive

European Parliament resolution of 12 February 2019 on the implementation of the Cross-Border Healthcare Directive (2018/2108(INI))

(2020/C 449/08)

The European Parliament,

| — | having regard to Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (1), |
| --- | --- |

—

having regard to Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (1),

| — | having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Articles 114 and 168 thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Articles 114 and 168 thereof,

| — | having regard to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (2), |
| --- | --- |

—

having regard to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (2),

| — | having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (3), |
| --- | --- |

—

having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (3),

| — | having regard to Council Conclusions of 6 June 2011 on moving towards modern, responsive and sustainable health systems (4), |
| --- | --- |

—

having regard to Council Conclusions of 6 June 2011 on moving towards modern, responsive and sustainable health systems (4),

| — | having regard to the multi-annual health programmes for the periods 2003-2008 (5), 2008-2013 (6) and 2014-2020 (7) respectively, |
| --- | --- |

—

having regard to the multi-annual health programmes for the periods 2003-2008 (5), 2008-2013 (6) and 2014-2020 (7) respectively,

| — | having regard to the Commission’s reports of 4 September 2015 and 21 September 2018 on the operation of the Cross-Border Healthcare Directive (COM(2015)0421, COM(2018)0651), |
| --- | --- |

—

having regard to the Commission’s reports of 4 September 2015 and 21 September 2018 on the operation of the Cross-Border Healthcare Directive (COM(2015)0421, COM(2018)0651),

| — | having regard to the Commission communication of 25 April 2018 on enabling the digital transformation of health and care in the Digital Single Market; empowering citizens and building a healthier society (COM(2018)0233), |
| --- | --- |

—

having regard to the Commission communication of 25 April 2018 on enabling the digital transformation of health and care in the Digital Single Market; empowering citizens and building a healthier society (COM(2018)0233),

| — | having regard to the Commission’s report of 18 July 2018 on Member State Data on cross-border patient healthcare in the year 2016 (8), |
| --- | --- |

—

having regard to the Commission’s report of 18 July 2018 on Member State Data on cross-border patient healthcare in the year 2016 (8),

| — | having regard to the Commission Implementing Decision No 2011/890/EU of 22 December 2011 providing the rules for the establishment, the management and the functioning of the network of national responsible authorities on eHealth (9), |
| --- | --- |

—

having regard to the Commission Implementing Decision No 2011/890/EU of 22 December 2011 providing the rules for the establishment, the management and the functioning of the network of national responsible authorities on eHealth (9),

| — | having regard to the Commission communication of 6 May 2015 on a Digital Single Market Strategy for Europe (COM(2015)0192), |
| --- | --- |

—

having regard to the Commission communication of 6 May 2015 on a Digital Single Market Strategy for Europe (COM(2015)0192),

| — | having regard to the 2012-2020 eHealth Action Plan, in particular the explicit cross-border dimension (COM(2012)0736), |
| --- | --- |

—

having regard to the 2012-2020 eHealth Action Plan, in particular the explicit cross-border dimension (COM(2012)0736),

| — | having regard to the Commission’s mid-term evaluation of the 2012-2020 eHealth Action Plan (COM(2017)0586), |
| --- | --- |

—

having regard to the Commission’s mid-term evaluation of the 2012-2020 eHealth Action Plan (COM(2017)0586),

| — | having regard to the Commission communication of 11 November 2008 on rare diseases (COM(2008)0679) and the Council recommendation of 8 June 2009 on an action in the field of rare diseases (10), |
| --- | --- |

—

having regard to the Commission communication of 11 November 2008 on rare diseases (COM(2008)0679) and the Council recommendation of 8 June 2009 on an action in the field of rare diseases (10),

| — | having regard to the Commission’s implementation report of 5 September 2014 on its communication on rare diseases (COM(2014)0548), |
| --- | --- |

—

having regard to the Commission’s implementation report of 5 September 2014 on its communication on rare diseases (COM(2014)0548),

| — | having regard to the Recommendations on Rare Disease European Reference Networks of the EU Committee of Experts on Rare Diseases (EUCERD) of 31 January 2013 and the addendum thereto of 10 June 2015, |
| --- | --- |

—

having regard to the Recommendations on Rare Disease European Reference Networks of the EU Committee of Experts on Rare Diseases (EUCERD) of 31 January 2013 and the addendum thereto of 10 June 2015,

| — | having regard to the Court of Auditors’ background paper on cross-border healthcare in the EU of May 2018 (11), |
| --- | --- |

—

having regard to the Court of Auditors’ background paper on cross-border healthcare in the EU of May 2018 (11),

| — | having regard to the Commission communication of 20 September 2017 on boosting growth and cohesion in EU border regions (COM(2017)0534), |
| --- | --- |

—

having regard to the Commission communication of 20 September 2017 on boosting growth and cohesion in EU border regions (COM(2017)0534),

| — | having regard to the Interinstitutional Proclamation on the European Pillar of Social Rights (12), |
| --- | --- |

—

having regard to the Interinstitutional Proclamation on the European Pillar of Social Rights (12),

| — | having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on the Internal Market and Consumer Protection (A8-0046/2019), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on the Internal Market and Consumer Protection (A8-0046/2019),

| A. | whereas affordable-to-all health systems in the EU and its Member States are crucial for ensuring a high level of public health, social protection, social cohesion and social justice, by preserving and guaranteeing universal access, and whereas quality of life for patients is recognised as an important component of healthcare cost-efficiency assessment; |
| --- | --- |

A.

whereas affordable-to-all health systems in the EU and its Member States are crucial for ensuring a high level of public health, social protection, social cohesion and social justice, by preserving and guaranteeing universal access, and whereas quality of life for patients is recognised as an important component of healthcare cost-efficiency assessment;

| B. | whereas Directive 2011/24/EU (hereinafter ‘the directive’), in accordance with Article 168(7) TFEU, respects the freedom of each Member State to make the appropriate healthcare decisions and does not interfere with or undermine the fundamental ethical choices of the relevant authorities within the Member States; whereas there are differences in the respective services provided by the Member States as well as in the way they are funded; whereas the directive provides other healthcare options to European citizens in addition to those available in their own country; |
| --- | --- |

B.

whereas Directive 2011/24/EU (hereinafter ‘the directive’), in accordance with Article 168(7) TFEU, respects the freedom of each Member State to make the appropriate healthcare decisions and does not interfere with or undermine the fundamental ethical choices of the relevant authorities within the Member States; whereas there are differences in the respective services provided by the Member States as well as in the way they are funded; whereas the directive provides other healthcare options to European citizens in addition to those available in their own country;

| C. | whereas health can be regarded as a fundamental right under Articles 2 (on the right to life) and 35 (on healthcare) of the Charter of Fundamental Rights of the European Union; |
| --- | --- |

C.

whereas health can be regarded as a fundamental right under Articles 2 (on the right to life) and 35 (on healthcare) of the Charter of Fundamental Rights of the European Union;

| D. | whereas healthcare systems in the EU are facing challenges due to an ageing population, budgetary constraints, the increasing incidence of chronic and rare diseases, difficulties in ensuring basic healthcare in rural areas and the high prices of medicines; whereas Member States are responsible for developing, keeping and exchanging across borders information on an updated catalogue of medicine shortages to ensure the availability of essential medicines; |
| --- | --- |

D.

whereas healthcare systems in the EU are facing challenges due to an ageing population, budgetary constraints, the increasing incidence of chronic and rare diseases, difficulties in ensuring basic healthcare in rural areas and the high prices of medicines; whereas Member States are responsible for developing, keeping and exchanging across borders information on an updated catalogue of medicine shortages to ensure the availability of essential medicines;

| E. | whereas the healthcare that citizens need may sometimes be best provided in another Member State, on account of proximity, ease of access, the specialised nature of care or a lack of capacity, such as a shortage of essential medicines, in their own Member State; |
| --- | --- |

E.

whereas the healthcare that citizens need may sometimes be best provided in another Member State, on account of proximity, ease of access, the specialised nature of care or a lack of capacity, such as a shortage of essential medicines, in their own Member State;

| F. | whereas the results of the report on the operation of the directive show that in 2015, not all Member States implemented the directive completely or correctly; |
| --- | --- |

F.

whereas the results of the report on the operation of the directive show that in 2015, not all Member States implemented the directive completely or correctly;

| G. | whereas the health sector is a vital part of the EU economy, amounting to 10 % of its GDP — a figure that, owing to socio-economic factors, could rise to 12,6 % by 2060; |
| --- | --- |

G.

whereas the health sector is a vital part of the EU economy, amounting to 10 % of its GDP — a figure that, owing to socio-economic factors, could rise to 12,6 % by 2060;

| H. | whereas, pursuant to Article 20 of the directive, the Commission has the obligation to present an implementation report on the directive’s operation every three years; whereas the Commission should constantly assess and regularly present information on patient flows, on the administrative, social and financial dimensions of patient mobility and on the functioning of the European Reference Networks (ERNs) and national contact points; |
| --- | --- |

H.

whereas, pursuant to Article 20 of the directive, the Commission has the obligation to present an implementation report on the directive’s operation every three years; whereas the Commission should constantly assess and regularly present information on patient flows, on the administrative, social and financial dimensions of patient mobility and on the functioning of the European Reference Networks (ERNs) and national contact points;

| I. | whereas, according to the Commission report of 21 September 2018 on the operation of the directive, it remains difficult for citizens to find out how they can use their rights in terms of cross-border healthcare; whereas further clarity and transparency is needed on the conditions under which healthcare providers operate in order to secure safe patient mobility; |
| --- | --- |

I.

whereas, according to the Commission report of 21 September 2018 on the operation of the directive, it remains difficult for citizens to find out how they can use their rights in terms of cross-border healthcare; whereas further clarity and transparency is needed on the conditions under which healthcare providers operate in order to secure safe patient mobility;

| J. | whereas the Commission communication on e-health of 25 April 2018 notes that health and care systems require reforms and innovative solutions in order to become more resilient, accessible and effective; whereas therefore the use of new technologies and digital tools should be strengthened to improve the quality and sustainability of healthcare services; |
| --- | --- |

J.

whereas the Commission communication on e-health of 25 April 2018 notes that health and care systems require reforms and innovative solutions in order to become more resilient, accessible and effective; whereas therefore the use of new technologies and digital tools should be strengthened to improve the quality and sustainability of healthcare services;

| K. | whereas the directive provides a clear legal basis for European cooperation and collaboration with regard to health technology assessment (HTA), eHealth, rare diseases and the safety and quality standards of healthcare services and products; |
| --- | --- |

K.

whereas the directive provides a clear legal basis for European cooperation and collaboration with regard to health technology assessment (HTA), eHealth, rare diseases and the safety and quality standards of healthcare services and products;

| L. | whereas EU citizens have the right to access specialised care in their own Member State; whereas, however, the number of patients availing themselves of their right to cross-border care, as provided for under the directive, including preventive medical tests, scans and health checks, is only growing very slowly; |
| --- | --- |

L.

whereas EU citizens have the right to access specialised care in their own Member State; whereas, however, the number of patients availing themselves of their right to cross-border care, as provided for under the directive, including preventive medical tests, scans and health checks, is only growing very slowly;

| M. | whereas vaccination programmes are not covered by the directive, even though they count among the EU’s most effective policies, and bearing in mind the difficulties people in certain Member States encounter in accessing them; |
| --- | --- |

M.

whereas vaccination programmes are not covered by the directive, even though they count among the EU’s most effective policies, and bearing in mind the difficulties people in certain Member States encounter in accessing them;

| N. | whereas not all Member States were able to supply data or information regarding patients travelling abroad, and whereas data collection is not always comparable from one Member State to another; |
| --- | --- |

N.

whereas not all Member States were able to supply data or information regarding patients travelling abroad, and whereas data collection is not always comparable from one Member State to another;

| O. | whereas 83 % of people surveyed in a recent Commission consultation endorsed the disclosure of medical data for the purposes of conducting research and improving patients’ health conditions (13); whereas any future integration of health systems must, from a digital point of view, guarantee that the health systems and patients are the ultimate custodians and managers of the information concerned, so as to guarantee fairness, sustainability and safety for patients; |
| --- | --- |

O.

whereas 83 % of people surveyed in a recent Commission consultation endorsed the disclosure of medical data for the purposes of conducting research and improving patients’ health conditions (13); whereas any future integration of health systems must, from a digital point of view, guarantee that the health systems and patients are the ultimate custodians and managers of the information concerned, so as to guarantee fairness, sustainability and safety for patients;

| P. | whereas patient mobility in the EU covered by the scope of the directive remains relatively low, and has not had a significant budgetary impact on the sustainability of the national health systems; |
| --- | --- |

P.

whereas patient mobility in the EU covered by the scope of the directive remains relatively low, and has not had a significant budgetary impact on the sustainability of the national health systems;

| Q. | whereas the Member States are responsible for providing access to the healthcare that people require and for ensuring that all the relevant costs are reimbursed; whereas the Member States’ national healthcare services are responsible for setting the criteria permitting citizens to receive healthcare in another Member State; whereas in a considerable number of Member States, the obstacles that patients encounter when dealing with health systems remain significant; whereas administrative burdens could create delays to reimbursements; whereas this only deepens the fragmentation of access to services, and should therefore be improved through coordination between Member States; |
| --- | --- |

Q.

whereas the Member States are responsible for providing access to the healthcare that people require and for ensuring that all the relevant costs are reimbursed; whereas the Member States’ national healthcare services are responsible for setting the criteria permitting citizens to receive healthcare in another Member State; whereas in a considerable number of Member States, the obstacles that patients encounter when dealing with health systems remain significant; whereas administrative burdens could create delays to reimbursements; whereas this only deepens the fragmentation of access to services, and should therefore be improved through coordination between Member States;

| R. | whereas the European Health Insurance Card (EHIC) is regulated by the regulation on the coordination of social security systems, and its implementation varies widely across the Member States; whereas a uniform implementation of the EHIC and greater coordination between the Member States is essential for reducing the existing administrative burdens and for guaranteeing swift, discrimination-free reimbursement for patients, while guaranteeing freedom of movement for EU citizens; |
| --- | --- |

R.

whereas the European Health Insurance Card (EHIC) is regulated by the regulation on the coordination of social security systems, and its implementation varies widely across the Member States; whereas a uniform implementation of the EHIC and greater coordination between the Member States is essential for reducing the existing administrative burdens and for guaranteeing swift, discrimination-free reimbursement for patients, while guaranteeing freedom of movement for EU citizens;

| S. | whereas patients still encounter practical and legal difficulties when using medical prescriptions across Member States; |
| --- | --- |

S.

whereas patients still encounter practical and legal difficulties when using medical prescriptions across Member States;

| T. | whereas the role of the national contact points (NCPs) is to ensure that patients receive the correct information to make an informed decision; |
| --- | --- |

T.

whereas the role of the national contact points (NCPs) is to ensure that patients receive the correct information to make an informed decision;

| U. | whereas NCPs are not yet sufficiently well known to the public, which has an impact on their effectiveness; whereas the efficiency and outreach of the NCPs depend on the support that they receive from both the EU and the Member States, on communication channels, the exchange of good practices and information, including contact information, and guidelines for patient referral; |
| --- | --- |

U.

whereas NCPs are not yet sufficiently well known to the public, which has an impact on their effectiveness; whereas the efficiency and outreach of the NCPs depend on the support that they receive from both the EU and the Member States, on communication channels, the exchange of good practices and information, including contact information, and guidelines for patient referral;

| V. | whereas there are large variations between the various NCPs with regard to the functioning, accessibility, visibility and allocation of resources, in terms of both quality and quantity; |
| --- | --- |

V.

whereas there are large variations between the various NCPs with regard to the functioning, accessibility, visibility and allocation of resources, in terms of both quality and quantity;

| W. | whereas according to a Eurobarometer Survey from May 2015 (14), patients are not sufficiently informed of their cross-border healthcare rights, with fewer than 20 % of citizens feeling well informed; |
| --- | --- |

W.

whereas according to a Eurobarometer Survey from May 2015 (14), patients are not sufficiently informed of their cross-border healthcare rights, with fewer than 20 % of citizens feeling well informed;

| X. | whereas cross-border healthcare will only be effective if patients, caregivers, healthcare professionals and other stakeholders are well informed about it and the rules governing it are readily available and generally accessible; |
| --- | --- |

X.

whereas cross-border healthcare will only be effective if patients, caregivers, healthcare professionals and other stakeholders are well informed about it and the rules governing it are readily available and generally accessible;

| Y. | whereas patients, caregivers and healthcare professionals are still encountering a large information gap regarding patients’ rights in general, and especially those under the directive; |
| --- | --- |

Y.

whereas patients, caregivers and healthcare professionals are still encountering a large information gap regarding patients’ rights in general, and especially those under the directive;

| Z. | whereas healthcare professionals deal with some highly sensitive patient issues, which require clear and comprehensible communication; whereas language barriers could hinder the transfer of information between healthcare professionals and their patients; |
| --- | --- |

Z.

whereas healthcare professionals deal with some highly sensitive patient issues, which require clear and comprehensible communication; whereas language barriers could hinder the transfer of information between healthcare professionals and their patients;

| AA. | whereas there is considerable room for improving and simplifying the reimbursement procedures in a number of Member States, particularly with regard to prescriptions, orphan drugs, pharmaceutically compounded medicinal products and follow-up therapy and procedures; |
| --- | --- |

AA.

whereas there is considerable room for improving and simplifying the reimbursement procedures in a number of Member States, particularly with regard to prescriptions, orphan drugs, pharmaceutically compounded medicinal products and follow-up therapy and procedures;

| AB. | whereas six Member States and Norway currently have no prior authorisation systems in place at all, giving patients the freedom to choose and reducing administrative burdens; |
| --- | --- |

AB.

whereas six Member States and Norway currently have no prior authorisation systems in place at all, giving patients the freedom to choose and reducing administrative burdens;

| AC. | whereas there are a number of bilateral agreements between neighbouring Member States and regions that could serve as a basis for excellent best practices to further develop EU-wide cross-border healthcare; |
| --- | --- |

AC.

whereas there are a number of bilateral agreements between neighbouring Member States and regions that could serve as a basis for excellent best practices to further develop EU-wide cross-border healthcare;

Implementation

| 1. | Welcomes the actions taken by the Commission to assess whether Member States have transposed the directive correctly; |
| --- | --- |

1.

| 2. | Notes the benefits of the directive in clarifying the rules on cross-border healthcare and in ensuring access to safe and high-quality cross-border healthcare in the Union, as well as for achieving patient mobility in accordance with the case-law of the Court of Justice; expresses disappointment that a significant number of Member States have not effectively implemented the requirements for guaranteeing patients’ rights; urges Member States therefore to ensure its proper implementation, guaranteeing a high level of public health protection that contributes to the improvement of citizens’ health, while respecting the principle of the free movement of persons within the internal market; |
| --- | --- |

2.

| 3. | Invites the Commission to proceed with its triennial evaluation reports on the operation of the directive and to submit them to Parliament and the Council accordingly; highlights the importance of collecting information, for statistical purposes, about patients travelling abroad for treatment and of analysing the reasons why patients move between countries; calls on the Commission, furthermore, to publish, where feasible and on an annual basis, breakdowns of the services provided and total amounts reimbursed by each Member State as cross-border healthcare provision; |
| --- | --- |

3.

| 4. | Invites the Commission to factor patient quality of life and care outcomes into its evaluation of the cost-efficiency of the implementation of the directive; |
| --- | --- |

4.

| 5. | Reminds the Member States of their commitment to provide the Commission with assistance and all the requisite information at their disposal, for the purposes of carrying out its assessment and preparing the aforesaid reports; |
| --- | --- |

5.

| 6. | Invites the Commission to establish guidelines for implementation, especially on those areas where the directive and the regulation on the coordination of social security systems interact, and to ensure better coordination, in that regard, amongst all the relevant stakeholders within the institutions; |
| --- | --- |

6.

| 7. | Stresses that the Member States should transpose the directive correctly in order to ensure high-quality and accessible cross-border healthcare for patients, in full compliance with the implementation deadlines laid down in the legislation; recognises that specific improvements can be made with regard to access to prescribed medicines and continuity of treatment; calls on the Commission to explore the possibility of expanding the scope of the directive to include vaccination programmes; |
| --- | --- |

7.

| 8. | Notes with satisfaction the positive impact of initiatives such as the EHIC, which is issued free of charge and allows anyone who is insured by or covered by a statutory social security scheme to receive medical treatment in another Member State free or at a reduced cost; stresses the importance of successful cooperation between institutions in order to avoid misuse of the EHIC; |
| --- | --- |

8.

| 9. | Stresses the need to ensure clarity and transparency regarding the conditions under which healthcare providers operate; underlines the importance of healthcare providers and professionals having professional civil liability insurance, as provided for in the directive as well as in Directive 2005/36/EC, in order to improve the quality of health services and increase patient protection; |
| --- | --- |

9.

Funding

| 10. | Points out that the funding of cross-border healthcare is a matter for the Member States, which reimburse costs in accordance with the relevant regulations; points out, furthermore, that the Commission supports the cooperation referred to in Chapter IV of the directive via health programmes; |
| --- | --- |

10.

| 11. | Expresses serious concern, in this regard, about the proposed reduction in funding for the health programme; reiterates its call for the health programme to be restored as a robust stand-alone programme with increased funding in the next multiannual financial framework (MFF) (2021-2027), in order to implement the UN Sustainable Development Goals (SDGs) on public health, health systems and environment-related problems, and ensure an ambitious health policy with a focus on cross-border challenges, including, in particular, a considerable increase in common EU efforts in the fight against cancer, the prevention, early detection and management of chronic and rare diseases, including genetic and pandemic diseases and rare cancers, in combating anti-microbial resistance and in ensuring easier access to cross-border healthcare; |
| --- | --- |

11.

| 12. | Stresses the importance of the European Social Fund, the European Structural and Investment Fund for health and the European Regional Development Fund, including the Interreg Programme, for improving health services and reducing health inequalities between regions and social groups across Member States; requests that structural and cohesion funds also be used to improve and facilitate cross-border healthcare in the next MFF; |
| --- | --- |

12.

Patient mobility

| 13. | Notes that the reasons for low patient mobility are fourfold: i) some Member States were quite late implementing the directive; ii) citizens’ awareness about their general rights to reimbursement is extremely low, iii) certain barriers limiting cross-border healthcare, such as administrative burdens, have been erected by some Member States, and iv) information on patients seeking healthcare in another Member State on the basis of the directive is missing or incomplete; |
| --- | --- |

13.

| 14. | Notes that certain prior authorisation systems appear to be unduly burdensome and/or restrictive with regard to the number of applications each year; asks the Commission to continue the structured dialogues with Member States, providing greater clarity regarding prior authorisation requirements and the associated conditions for reimbursement; |
| --- | --- |

14.

| 15. | Asks the Commission to develop guidelines for the Member States in order to enable people, should prior authorisation be established, to compare treatment abroad with that available in their own Member State, with cost effectivity for patients as the guiding principle; |
| --- | --- |

15.

| 16. | Reminds the Member States that any limitation on the application of the directive, such as prior authorisation requirements or limitations on reimbursement, should be necessary and proportionate and not give rise to arbitrary or social discrimination, must not put up unjustified obstacles to the free movement of patients and services, nor should it place an excessive burden on national public health systems; calls on Member States to take into consideration the difficulties faced by low-income patients who have to pay for cross-border treatment in advance; notes that prior authorisation systems are intended to allow for Member State planning and protect patients from treatments that raise serious and specific concerns about the quality or safety of care; |
| --- | --- |

16.

| 17. | Notes with concern that in some Member States insurance companies have discriminated arbitrarily or created unjustified obstacles to the free movement of patients and services, with adverse financial consequences for patients; |
| --- | --- |

17.

| 18. | Urges the Member States to notify the Commission of any decision to introduce limitations regarding reimbursement of costs under Article 7(9) of the directive, giving their reasons for doing so; |
| --- | --- |

18.

| 19. | Regrets the fact that some Member States on occasion grant lower levels of reimbursement for cross-border healthcare supplied by private or non-contracted healthcare providers on their own territories than for cross-border healthcare supplied by public or contracted healthcare providers; considers that reimbursement for private healthcare at the same level as public healthcare should be guaranteed, provided that the quality and safety of care can be ensured; |
| --- | --- |

19.

| 20. | Asks the Commission and the Member States to work together to assess, realign and simplify reimbursement procedures for patients receiving cross-border care, including by clarifying the reimbursement of follow-up care and procedures, and to set up coordinating one-stop-shop front offices at the relevant healthcare insurers; |
| --- | --- |

20.

| 21. | Regrets the fact that application of the directive with regard to telemedicine — health services provided remotely — has led to a certain lack of clarity concerning reimbursement schemes, as some Member States do reimburse or provide consultation with general or specialised practitioners at a distance, while others do not; calls on the Commission to support the uptake of the reimbursement rules, in accordance with Articles 7(1) and 4(1), so that they also apply to telemedicine, where appropriate; encourages the Member States to align their approaches to the reimbursement of telemedicine; |
| --- | --- |

21.

Border regions

| 22. | Encourages the Member States and border regions to deepen cross-border healthcare cooperation, in an efficient and financially sustainable manner, including by providing accessible, sufficient and understandable information, in order to secure the best possible care for patients; asks the Commission to support and stimulate a structural exchange of best practices among border regions; encourages the Member States to use these best practices to also improve healthcare in other regions; |
| --- | --- |

22.

| 23. | Welcomes the Commission’s proposal to enhance the cohesion between border regions by addressing some of the legal and administrative barriers that they face through the creation of an EU cross-border mechanism; |
| --- | --- |

23.

Information for patients

| 24. | Recalls the essential role of NCPs in providing information to patients and helping them to make an informed decision about seeking healthcare abroad in the EU; calls on the Commission and the Member States to invest further in the development and promotion of accessible and clearly visible NCPs and eHealth platforms for patients, which should provide user-friendly, digitally accessible and barrier-free information for patients and health professionals in multiple languages; |
| --- | --- |

24.

| 25. | Recommends that the Commission, in conjunction with patient organisations, develop guidelines on the functioning of the NCPs in order to further facilitate and significantly improve the ways in which they systematically exchange information and practices, with the aim of producing harmonised, simplified and patient-friendly procedures, forms or manuals, and establishing a link between NCPs and the sources of information and expertise available in the Member States; |
| --- | --- |

25.

| 26. | Calls on the Member States to provide sufficient funding for their NCPs to be able to develop comprehensive information, and asks the Commission to intensify cooperation among the NCPs across the Union; |
| --- | --- |

26.

| 27. | Stresses the potential of eHealth to improve patients’ access to information on the possibilities of cross-border healthcare and on their rights under the directive; |
| --- | --- |

27.

| 28. | Calls on the Member States to urge healthcare providers and hospitals to supply patients, in advance, with an accurate and up-to-date estimate of the cost of treatment abroad, including medicine, honoraria, overnight stays and supplementary fees; |
| --- | --- |

28.

| 29. | Asks the Commission to clarify, for the benefit of national experts and by means of information campaigns, the complexity of the current legal situation deriving from the interaction between the directive and the regulation on social security coordination; |
| --- | --- |

29.

| 30. | Asks the Commission to organise, in conjunction with the competent national authorities, NCPs, ERNs, patient organisations and networks of healthcare professionals, comprehensive public information campaigns, including by tapping into new digital opportunities, which should be designed to foster structural awareness of patients’ rights and obligations under the directive; |
| --- | --- |

30.

| 31. | Calls on the Commission to encourage the Member States to make information easily accessible on the procedures through which patients can file complaints in cases where their rights under the directive have not been respected or have even been violated; |
| --- | --- |

31.

| 32. | Recommends that the Commission develop guidelines on the type of information the NCPs should be providing, especially the list of treatments which are or are not subject to prior authorisation, the criteria applied and the procedures in force; |
| --- | --- |

32.

| 33. | Calls on the Commission and the Member States to assess the need to identify the reasons for granting access to cross-border healthcare in a way that guarantees free movement, but without healthcare being an end in itself as long as the organisation of health systems is a national competence; |
| --- | --- |

33.

| 34. | Encourages the Commission to promote increased cooperation between Member States’ authorities in general, and not only through the NCPs, and to assess further the benefits of existing initiatives for cooperation, especially in cross-border regions, guaranteeing access to safe, high quality and efficient healthcare for citizens; |
| --- | --- |

34.

Rare diseases, rare cancers and European Reference Networks (ERNs)

| 35. | Stresses the importance of EU-wide cooperation in ensuring the efficient pooling of knowledge, information and resources to tackle rare and chronic diseases, including rare cancers, effectively across the EU; encourages the Commission, in that regard, to support the setting up of specialised centres for rare diseases in the EU, which should be fully integrated into the ERNs; |
| --- | --- |

35.

| 36. | Recommends building on the steps already taken to increase public awareness and understanding of rare diseases and rare cancers and to increase funding for R&D; asks the Commission to further guarantee access to information, medicine and medical treatment for patients with rare diseases throughout the EU, and to strive for improved access to early and accurate diagnosis; urges the Commission to address the low registration rate of rare diseases and to further develop and promote common standards for sharing and exchanging data in rare disease registries; |
| --- | --- |

36.

| 37. | Stresses the critical need to improve patient adherence models, which should be based on the most reliable findings from meta-analyses and large-scale empirical studies, and should reflect the realities of medical practice and offer recommendations for making patients more dedicated to their treatment, particularly when it comes to the management of chronic diseases — a key barometer for measuring the efficiency and effectiveness of healthcare systems; |
| --- | --- |

37.

| 38. | Underlines the importance and added value of EU-wide mobility of healthcare professionals, during both their education and professional careers, and of their particular role in improving knowledge and expertise on rare diseases; |
| --- | --- |

38.

| 39. | Proposes that the Commission should open a fresh call for the development of new ERNs and continue to support the development and scaling up of the ERN model, in order to overcome geographical differences and gaps in expertise; stresses, however, that any extension of ERNs must not undermine the operation of existing ERNs during their initial phase; |
| --- | --- |

39.

| 40. | Regrets the uncertainty surrounding the operating principles of the ERNs and their interaction with national healthcare systems and other EU programmes; asks the Commission, therefore, to support the Member States and ERNs in establishing clear and transparent rules for patient referral and to reach an agreement on the form of support to be provided by the Member States to the ERNs; |
| --- | --- |

40.

| 41. | Urges the Commission to implement an action plan, through the European Joint Programme on Rare Diseases, for the further sustainable development and financing of the ERNs and the patient networks supporting them; encourages the Member States to support the healthcare providers within the ERNs and to integrate ERNs into their healthcare systems, adapting their legal and regulatory frameworks and referring to the ERNs in their national plans on rare diseases and on cancer; |
| --- | --- |

41.

Mutual recognition of (e-)prescriptions

| 42. | Regrets the difficulties faced by patients, especially those in border areas, in securing access to and reimbursement for medicines in other Member States, owing to differing availabilities and administrative rules across the EU; calls on the Member States and their respective health authorities to address the legal and practical issues that are hindering the mutual recognition of medical prescriptions across the EU, and urges the Commission to take supportive action in this regard; |
| --- | --- |

42.

| 43. | Regrets the difficulties faced by patients in securing access to and reimbursement for medicines in other Member States, owing to differing availabilities and rules across the EU; |
| --- | --- |

43.

| 44. | Calls on the Commission to draw up an action plan to systematically address excessively high medicine prices and the great disparities in them between the various Member States; |
| --- | --- |

44.

| 45. | Calls on the Commission to take steps to ensure that prescriptions issued by ERN-linked centres of expertise are accepted for reimbursement in all Member States; |
| --- | --- |

45.

| 46. | Welcomes the support from the Connecting Europe Facility (CEF) as part of efforts to successfully develop current pilot projects on the exchange of e-prescriptions and patient summaries and pave the way for other Member States to follow by 2020; insists that this support be continued in the next MFF; |
| --- | --- |

46.

EHealth

| 47. | Acknowledges that eHealth can help to ensure that health systems are sustainable, by reducing certain costs, and can be an important part of the EU’s response to the healthcare challenges of today; emphasises that the interoperability of eHealth should be made a priority, in order to improve global patient records and continuity of care, while guaranteeing patient privacy; considers that special attention should be devoted to granting all patients, not least elderly and disabled persons, easy access to care; suggests, in this regard, that the Member States take steps to invest in citizens’ digital literacy and to scale up new solutions for the ageing population, while using all means at their disposal to ensure that exclusion through digitalisation shall be prevented; |
| --- | --- |

47.

| 48. | Welcomes the creation of the EU-wide eHealth Digital Service Infrastructure (eHDSI), which will foster the cross-border exchange of health data, specifically e-prescriptions and patient summaries; |
| --- | --- |

48.

| 49. | Invites the Member States to take swift action to connect their health systems to the eHDSI through a dedicated NCP for eHealth, in line with their own risk assessments, and asks the Commission to facilitate this process; |
| --- | --- |

49.

| 50. | Calls on the Commission to address the digital health needs in the Member States as a matter of priority; welcomes the Commission’s support for putting sustained financial resources towards ensuring strong national digital health strategies and creating a suitable framework for common actions at EU level in order to prevent efforts from being duplicated and ensure the exchange of best practices for a more widespread use of digital technology in the Member States; |
| --- | --- |

50.

| 51. | Asks the Member States to further intensify cooperation across Europe between their health authorities, in order to connect eHealth data and personal records with ePrescription tools, so as to enable health care professionals to deliver personalised and well-informed care to their patients and foster cooperation among doctors, while fully respecting EU data protection legislation in this regard; calls on the Commission to take action to facilitate such endeavours; |
| --- | --- |

51.

| 52. | Calls on the Member States to swiftly implement the General Data Protection Regulation (GDPR) in order to safeguard patient data used in eHealth applications and underlines the importance, with particular regard to health, of monitoring the implementation of Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (15); stresses the need to enable citizens to access and use their own health data, in accordance with the principles laid down in the GDPR; |
| --- | --- |

52.

Brexit

| 53. | Asks the Commission to negotiate a solid agreement with post-Brexit UK on health, devoting specific attention to cross-border rights for patients and the functioning of the ERNs; |
| --- | --- |

53.

| 54. | Welcomes the intention of the European Court of Auditors to conduct an audit on the effectiveness of the implementation of the directive, and to examine in particular the Commission’s monitoring and supervision of this implementation, the results achieved to date in delivering cross-border healthcare access, and the effectiveness of the EU funding framework as regards the action funded; |
| --- | --- |

54.

| 55. | Calls on the Member States to implement, properly and in full cooperation with the Commission, all provisions of the directive; |
| --- | --- |

55.

o

o o

| 56. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

56.

---

(1)  OJ L 88, 4.4.2011, p. 45.

(2)  OJ L 166, 30.4.2004, p. 1.

(3)  OJ L 119, 4.5.2016, p. 1.

(4)  OJ C 202, 8.7.2011, p. 10.

(5)  Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003-2008), OJ L 271, 9.10.2002, p. 1.

(6)  Decision No 1350/2007/EC of the European Parliament and of the Council of 23 October 2007 establishing a second programme of Community action in the field of health (2008-2013), OJ L 301, 20.11.2007, p. 3.

(7)  Regulation (EU) No 282/2014 of the European Parliament and of the Council of 11 March 2014 on the establishment of a third Programme for the Union’s action in the field of health (2014-2020) and repealing Decision No 1350/2007/EC, OJ L 86, 21.3.2014, p. 1.

(8)  https://ec.europa.eu/health/sites/health/files/cross_border_care/docs/2016_ msdata_en.pdf

(9)  OJ L 344, 28.12.2011, p. 48.

(10)  OJ C 151, 3.7.2009, p. 7.

(11)  https://www.eca.europa.eu/Lists/ECADocuments/BP_CBH/BP_Cross-border_healthcare_EN.pdf

(12)  OJ C 428, 13.12.2017, p. 10.

(13)  Commission synopsis report on its consultation entitled ‘Transformation Health and Care in the Digital Single Market’, 2018, https://ec.europa.eu/health/sites/health/files/ehealth/docs/2018_consultation_dsm_en.pdf

(14)  Special Eurobarometer 425: Patients’ rights in cross-border healthcare in the European Union.

(15)  OJ L 257, 28.8.2014, p. 73.

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Wednesday 13 February 2019

| 23.12.2020 | EN | Official Journal of the European Union | C 449/80 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/80

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P8_TA(2019)0095

2018 Report on Bosnia and Herzegovina

European Parliament resolution of 13 February 2019 on the 2018 Commission Report on Bosnia and Herzegovina (2018/2148(INI))

(2020/C 449/09)

The European Parliament,

| — | having regard to the Stabilisation and Association Agreement (SAA) between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina (BiH), of the other part, |
| --- | --- |

—

having regard to the Stabilisation and Association Agreement (SAA) between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina (BiH), of the other part,

| — | having regard to the Protocol on the Adaptation of the SAA between the European Communities and their Member States, of the one part, and BiH, of the other part, to take account of the accession of the Republic of Croatia to the European Union, which was initialled on 18 July 2016 and entered into force on 1 February 2017, |
| --- | --- |

—

having regard to the Protocol on the Adaptation of the SAA between the European Communities and their Member States, of the one part, and BiH, of the other part, to take account of the accession of the Republic of Croatia to the European Union, which was initialled on 18 July 2016 and entered into force on 1 February 2017,

| — | having regard to BiH’s application for membership of the European Union on 15 February 2016 and the submission of the country’s replies to the Commission questionnaire on 28 February 2018, |
| --- | --- |

—

having regard to BiH’s application for membership of the European Union on 15 February 2016 and the submission of the country’s replies to the Commission questionnaire on 28 February 2018,

| — | having regard to the European Council conclusions of 19-20 June 2003 on the Western Balkans and to the annex thereto entitled ‘The Thessaloniki Agenda for the Western Balkans: moving towards European integration’, |
| --- | --- |

—

having regard to the European Council conclusions of 19-20 June 2003 on the Western Balkans and to the annex thereto entitled ‘The Thessaloniki Agenda for the Western Balkans: moving towards European integration’,

| — | having regard to the Council conclusions of 16 October 2017 on Bosnia and Herzegovina, of 26 June 2018 on enlargement and the stabilisation and association process, and of 15 October 2018 on Bosnia and Herzegovina / EUFOR Operation Althea, |
| --- | --- |

—

having regard to the Council conclusions of 16 October 2017 on Bosnia and Herzegovina, of 26 June 2018 on enlargement and the stabilisation and association process, and of 15 October 2018 on Bosnia and Herzegovina / EUFOR Operation Althea,

| — | having regard to the first meeting of the EU-BiH Stabilisation and Association Parliamentary Committee (SAPC) held on 5-6 November 2015, the second meeting of the EU-BiH Stabilisation and Association Council held on 10 July 2017, the third meeting of the EU-BiH Stabilisation and Association Committee held on 27 March 2018 and the third meeting of the EU-BiH Stabilisation and Association Council held on 13 July 2018, |
| --- | --- |

—

having regard to the first meeting of the EU-BiH Stabilisation and Association Parliamentary Committee (SAPC) held on 5-6 November 2015, the second meeting of the EU-BiH Stabilisation and Association Council held on 10 July 2017, the third meeting of the EU-BiH Stabilisation and Association Committee held on 27 March 2018 and the third meeting of the EU-BiH Stabilisation and Association Council held on 13 July 2018,

| — | having regard to the Berlin Process, notably the Chair Conclusions of the Heads’ meeting of the London Western Balkans Summit of 10 July 2018, the three joint declarations signed on the same day on regional cooperation and good neighbourly relations, on missing persons and on war crimes, and the anti-corruption statement issued by BiH on the same occasion, |
| --- | --- |

—

having regard to the Berlin Process, notably the Chair Conclusions of the Heads’ meeting of the London Western Balkans Summit of 10 July 2018, the three joint declarations signed on the same day on regional cooperation and good neighbourly relations, on missing persons and on war crimes, and the anti-corruption statement issued by BiH on the same occasion,

| — | having regard to the Sofia Declaration adopted during the EU-Western Balkans summit of 17 May 2018 and to the Sofia Priority Agenda annexed thereto, |
| --- | --- |

—

having regard to the Sofia Declaration adopted during the EU-Western Balkans summit of 17 May 2018 and to the Sofia Priority Agenda annexed thereto,

| — | having regard to the Commission communication of 6 February 2018 entitled ‘A credible enlargement perspective for and enhanced EU engagement with the Western Balkans’ (COM(2018)0065), |
| --- | --- |

—

having regard to the Commission communication of 6 February 2018 entitled ‘A credible enlargement perspective for and enhanced EU engagement with the Western Balkans’ (COM(2018)0065),

| — | having regard to the Commission communication of 17 April 2018 entitled ‘2018 Communication on EU Enlargement Policy’ (COM(2018)0450), accompanied by the Commission Staff Working Document entitled ‘Bosnia and Herzegovina 2018 Report’ (SWD(2018)0155), |
| --- | --- |

—

having regard to the Commission communication of 17 April 2018 entitled ‘2018 Communication on EU Enlargement Policy’ (COM(2018)0450), accompanied by the Commission Staff Working Document entitled ‘Bosnia and Herzegovina 2018 Report’ (SWD(2018)0155),

| — | having regard to the statement of 2 May 2018 by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), Federica Mogherini, and the Commissioner for European Neighbourhood Policy and Enlargement Negotiations, Johannes Hahn, on the electoral reform in BiH for the elections of the Federation entity House of Peoples, |
| --- | --- |

—

having regard to the statement of 2 May 2018 by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), Federica Mogherini, and the Commissioner for European Neighbourhood Policy and Enlargement Negotiations, Johannes Hahn, on the electoral reform in BiH for the elections of the Federation entity House of Peoples,

| — | having regard to the results of the elections held on 7 October 2018, |
| --- | --- |

—

having regard to the results of the elections held on 7 October 2018,

| — | having regard to the statement of preliminary findings and conclusions of the OSCE/ODIHR International Election Observation Mission, published on 8 October 2018, |
| --- | --- |

—

having regard to the statement of preliminary findings and conclusions of the OSCE/ODIHR International Election Observation Mission, published on 8 October 2018,

| — | having regard to the joint statement of 8 October 2018 by VP/HR Mogherini and Commissioner Hahn on the elections in Bosnia and Herzegovina, |
| --- | --- |

—

having regard to the joint statement of 8 October 2018 by VP/HR Mogherini and Commissioner Hahn on the elections in Bosnia and Herzegovina,

| — | having regard to the joint conclusions of the economic and financial dialogue between the EU and the Western Balkans and Turkey of 25 May 2018, |
| --- | --- |

—

having regard to the joint conclusions of the economic and financial dialogue between the EU and the Western Balkans and Turkey of 25 May 2018,

| — | having regard to the EU local statement of 1 June 2018 on the BiH Criminal Procedure Code, |
| --- | --- |

—

having regard to the EU local statement of 1 June 2018 on the BiH Criminal Procedure Code,

| — | having regard to the fifty-third (1) and fifty-fourth (2) reports to the UN Security Council of the High Representative for Implementation of the Peace Agreement on Bosnia and Herzegovina of 3 May 2018 and 31 October 2018 respectively, |
| --- | --- |

—

having regard to the fifty-third (1) and fifty-fourth (2) reports to the UN Security Council of the High Representative for Implementation of the Peace Agreement on Bosnia and Herzegovina of 3 May 2018 and 31 October 2018 respectively,

| — | having regard to the Reform Agenda for BiH 2015-2018 adopted in July 2015 as well as the Coordination Mechanism adopted by the Council of Ministers of BiH and the governments of the Federation of BiH and the Republika Srpska (RS) on 23 August 2016, |
| --- | --- |

—

having regard to the Reform Agenda for BiH 2015-2018 adopted in July 2015 as well as the Coordination Mechanism adopted by the Council of Ministers of BiH and the governments of the Federation of BiH and the Republika Srpska (RS) on 23 August 2016,

| — | having regard to its previous resolutions on the country, |
| --- | --- |

—

having regard to its previous resolutions on the country,

| — | having regard to Rule 52 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs (A8-0467/2018), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A8-0467/2018),

| A. | whereas the EU remains committed to BiH’s European perspective and to its territorial integrity, sovereignty and unity; |
| --- | --- |

A.

whereas the EU remains committed to BiH’s European perspective and to its territorial integrity, sovereignty and unity;

| B. | whereas the country’s EU membership application represents a strategic choice and a commitment to advance towards the EU; |
| --- | --- |

B.

whereas the country’s EU membership application represents a strategic choice and a commitment to advance towards the EU;

| C. | whereas the Commission is preparing its opinion on BiH’s application for EU membership; whereas BiH, making use of the coordination mechanism on EU matters, drew up its replies to the Commission’s questionnaire and submitted them on 28 February 2018; whereas BiH received more than 600 follow-up questions on 20 June 2018 and has not yet been able to send its replies to the additional questions; |
| --- | --- |

C.

whereas the Commission is preparing its opinion on BiH’s application for EU membership; whereas BiH, making use of the coordination mechanism on EU matters, drew up its replies to the Commission’s questionnaire and submitted them on 28 February 2018; whereas BiH received more than 600 follow-up questions on 20 June 2018 and has not yet been able to send its replies to the additional questions;

| D. | whereas since mid-2017 there has been a marked slowdown in the adoption of EU-related reforms, despite BiH’s commitment to the Reform Agenda; whereas EU accession is a comprehensive process requiring political will, joint efforts by all stakeholders and consensus on the Reform Agenda; whereas BiH citizens must be placed at the centre of institutional, economic and social reforms; |
| --- | --- |

D.

whereas since mid-2017 there has been a marked slowdown in the adoption of EU-related reforms, despite BiH’s commitment to the Reform Agenda; whereas EU accession is a comprehensive process requiring political will, joint efforts by all stakeholders and consensus on the Reform Agenda; whereas BiH citizens must be placed at the centre of institutional, economic and social reforms;

| E. | whereas general elections were held in BiH on 7 October 2018; whereas political parties have not been able to agree on the changes to the electoral law needed to address the legal loophole resulting from the Constitutional Court decisions in the Ljubić case concerning the election of the members of the Federation’s House of Peoples; whereas the facilitation efforts on this issue, led by the EU and US ambassadors to BiH, with the involvement of the Venice Commission, have not been fruitful; |
| --- | --- |

E.

whereas general elections were held in BiH on 7 October 2018; whereas political parties have not been able to agree on the changes to the electoral law needed to address the legal loophole resulting from the Constitutional Court decisions in the Ljubić case concerning the election of the members of the Federation’s House of Peoples; whereas the facilitation efforts on this issue, led by the EU and US ambassadors to BiH, with the involvement of the Venice Commission, have not been fruitful;

| F. | whereas BiH remains in breach of the European Convention on Human Rights, as per the Sejdić-Finci and related cases; whereas the Commission has been tasked by the Council to pay particular attention to this issue when drawing up its opinion on BiH’s application for membership; whereas the opinion of the Commission is expected, therefore, to analyse functionality-related issues and review the legal framework for compatibility with the EU acquis, identifying constitutional and other necessary reforms; whereas the closer BiH comes to obtaining EU membership, the more pressing the need for constitutional reform, aimed at enhancing functionality and ensuring human rights protection, will become; whereas, so far, the political leadership of the country has been unable to remedy the related shortcomings in the BiH constitution; |
| --- | --- |

F.

whereas BiH remains in breach of the European Convention on Human Rights, as per the Sejdić-Finci and related cases; whereas the Commission has been tasked by the Council to pay particular attention to this issue when drawing up its opinion on BiH’s application for membership; whereas the opinion of the Commission is expected, therefore, to analyse functionality-related issues and review the legal framework for compatibility with the EU acquis, identifying constitutional and other necessary reforms; whereas the closer BiH comes to obtaining EU membership, the more pressing the need for constitutional reform, aimed at enhancing functionality and ensuring human rights protection, will become; whereas, so far, the political leadership of the country has been unable to remedy the related shortcomings in the BiH constitution;

| G. | whereas 13 decisions of the BiH Constitutional Court and numerous entity-level constitutional decisions (28 in the Federation and 7 in the Republika Srpska) are currently not being implemented; whereas implementing constitutional court decisions is an essential element for upholding the rule of law; |
| --- | --- |

G.

whereas 13 decisions of the BiH Constitutional Court and numerous entity-level constitutional decisions (28 in the Federation and 7 in the Republika Srpska) are currently not being implemented; whereas implementing constitutional court decisions is an essential element for upholding the rule of law;

| H. | whereas BiH is also a signatory to the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, 1991); |
| --- | --- |

H.

whereas BiH is also a signatory to the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, 1991);

| I. | whereas there is no place in modern Europe for the glorification of persons convicted of war crimes and crimes against humanity; |
| --- | --- |

I.

whereas there is no place in modern Europe for the glorification of persons convicted of war crimes and crimes against humanity;

| J. | whereas the persistent challenges in the reconciliation process should be addressed more vigorously; |
| --- | --- |

J.

whereas the persistent challenges in the reconciliation process should be addressed more vigorously;

| K. | whereas corruption, including at the highest level, continues to be widespread; |
| --- | --- |

K.

whereas corruption, including at the highest level, continues to be widespread;

| 1. | Welcomes the submission of BiH’s answers to the Commission’s questionnaire; urges BiH to respond to the follow-up questions, which are of a more technical nature, in a timely, transparent and detailed manner in order to contribute to the Commission’s opinion on the application for EU membership; |
| --- | --- |

1.

| 2. | Is concerned about the marked slowdown in the pace of reforms due to disagreements between parties and the highly polarised pre-electoral campaign that started very early; stresses that the declared commitment of the BiH authorities to the European path must be matched by consistent implementation of reforms stemming from the Reform Agenda and translated into concrete results, to the benefit of citizens, regardless of their ethnic and religious affiliation; regrets that, apart from the adoption of the countrywide strategies in the field of the environment, rural development and energy, and of some important reform measures, such as the amendments to the Law on Excise Duties necessary for ensuring IMF and EBRD funding, no substantial progress has been achieved; |
| --- | --- |

2.

| 3. | Regrets that divisive ethno-nationalistic rhetoric once again dominated the electoral campaign and continues to characterise the political discourse involving political actors on all sides; calls on all political leaders to engage without delay in the formation of the governments at all levels, by working constructively together, in the interests of the citizens of their country; calls for the EU integration process to be properly communicated to the public also as a project for reconciliation and the development of a political culture based on compromise and mutual understanding; |
| --- | --- |

3.

| 4. | Notes that this electoral cycle was once more marked by segmentation along ethnic lines and that the electoral campaign was focused mainly on divisive issues linked to the past, rather than on proposing concrete solutions to resolve citizens’ day-to-day problems; deplores the nationalistic and inflammatory pre-election rhetoric that deepens the gap between the three constituent peoples; notes that the 7 October 2018 elections were competitive and generally orderly, despite some irregularities, and that BiH citizens exercised their democratic right in a calm and orderly manner; reiterates that all alleged election-related irregularities should be investigated and condemned in the clearest possible terms, and any unlawful activities prosecuted; stresses the continuing shortcomings in the democratic election process and expects the OSCE/ODIHR recommendations to be addressed without delay; recalls that the 2010 Constitutional Court decision concerning the democratic right of the citizens of Mostar to vote in local elections has not yet been implemented; |
| --- | --- |

4.

| 5. | Regrets that no compromise was reached prior to the elections with regard to changes to the electoral legislation required to address the legal loophole resulting from the Constitutional Court decisions in the Ljubić case on the election of the members of the Federation House of Peoples; takes note of the Central Election Commission (CEC) decision on allocation of seats in the Federation House of Peoples adopted on the 18 December 2018 and calls on all political actors to address the remaining legal gaps in the BiH Elections Law in a systematic way; urges all political leaders and elected members of parliaments to show responsibility, to avoid statements challenging the unity of the state, to put aside their conflicting views and to find compromises and solutions which will be acceptable to all; warns against delays and attempts to block the formation of the authorities after the elections, as this would not serve the interests of citizens, nor the objective of European integration; stresses that holding elections, implementing the results and forming the government in accordance with relevant legal provisions is an essential feature of a well-functioning democracy, as well as a requirement for any country aspiring to join the EU; |
| --- | --- |

5.

| 6. | Firmly reiterates the need for rapid formation of the Federation House of Peoples in line with rulings by the Constitutional Court of Bosnia and Herzegovina, as recalled also in the joint statement by VP/HR Mogherini and Commissioner Hahn on the elections in BiH; |
| --- | --- |

6.

| 7. | Regrets that the issue of democratic and legitimate representation of three constituent peoples and of all citizens remains unresolved; urges all parties to find a timely compromise as this issue should be addressed as soon as possible by the new legislators, including through the operationalisation of the decisions of the European Court of Human Rights in the Sejdić-Finci and related cases; reiterates the need to proceed with constitutional, political and electoral reforms that would transform BiH into a fully effective, inclusive and functional state based on the rule of law; |
| --- | --- |

7.

| 8. | Deplores the fact that, owing to the attempts to introduce ethnic blocking into the SAPC’s voting rules, delegates from BiH have still been unable to agree on the rules of procedure for the SAPC, which has consequently not met for three years; regrets the failure to cooperate with the European Parliament, recalls that this is a clear breach of the obligations stemming from the SAA and urges all actors to agree to and accept the SAPC’s rules of procedure based on the European Parliament’s recommendations on the subject; notes that functioning democratic institutions, including the parliament, are a prerequisite for advancing the EU integration process; |
| --- | --- |

8.

| 9. | Is concerned about the lack of systematic regulatory impact assessments and public consultations, the insufficient and low-quality monitoring and reporting and the lack of a formal requirement to publish key government planning documents; |
| --- | --- |

9.

| 10. | Calls for the adoption of further non-discriminatory and gender-sensitive countrywide strategies in areas such as employment and public financial management, which will enable consistent implementation of reforms throughout the country, as well as access to further IPA funding; notes with satisfaction that the adoption of relevant countrywide strategies has allowed for additional IPA II funding in key areas, such as agriculture and rural development, environment and energy, under the recently revised Indicative Strategy Paper for the period 2014-2020; stresses the need to ensure better absorption of pre-accession assistance, notably by improving donor coordination and administrative capacity; urges the adoption of a national programme for approximation of the country’s laws with the EU acquis, a legal requirement under the SAA and an indispensable means of preparing for EU accession; |
| --- | --- |

10.

| 11. | Renews its call for the adoption of a countrywide strategy on human rights; underlines that amendments to the Ombudsman Law should be adopted as soon as possible, in order to ensure compliance with the Paris Principles; deems it necessary for BiH to establish a national preventive mechanism for the prevention of torture and ill treatment, and to adopt a state law on the rights of civilians tortured during the war, in accordance with its international obligations; considers that BiH should make more effort to bring the conditions in prisons and police holding facilities into line with international standards; urges once more the authorities of the Republika Srpska to repeal the provision on the death penalty from the entity’s constitution; reiterates the need to ensure non-discriminatory access to justice throughout the country through a harmonised and sustainable system of free legal aid; calls on the authorities to actively promote European values and to continue pursuing a European perspective; |
| --- | --- |

11.

| 12. | Calls on the BiH authorities to take concrete steps to mainstream gender into all policies, including the Reform Agenda, and expresses its concern about the under-representation of women in decision-making positions, in particular at local level; urges political parties in BiH to do more to ensure women are represented at all levels of the political system; |
| --- | --- |

12.

| 13. | Deplores the fact that BiH remains in breach of the European Convention on Human Rights by not implementing the rulings of the European Court of Human Rights (ECHR) in the Sejdić-Finci, Zornić, Pilav and Šlaku cases, which allows overt discrimination between citizens in BiH in flagrant contradiction with EU values and norms; recalls that the Commission should pay attention to this issue when preparing its opinion; maintains that implementing these rulings would help to establish a functioning democratic society; stresses that, as in the case of any aspiring member of the EU, BiH is expected to progressively align its constitutional and legal system with the requirements of the EU acquis regarding non-discrimination, and expects progress to be made on these essential issues in due course; insists that implementing these rulings should not affect further implementation of the Reform Agenda and must lead to the elimination of any restriction on the right to stand for election based on ethnicity and residence or owing to a citizen’s choice not to affiliate with a constituent people; believes, therefore, that constitutional and electoral reform should go hand-in-hand; calls on the political leaders to avoid nationalistic rhetoric that leads to the division of society and to continue with political dialogue and activities that lead to cooperation between the political representatives of the three peoples and others; |
| --- | --- |

13.

| 14. | Calls for more effective measures to combat all forms of discrimination, in particular by adopting countrywide human rights and anti-discrimination strategies; encourages the cooperation of the three peoples and others on cultural, religious and educational issues, bridging ethnic divides; regrets that there was no progress in addressing the ‘two schools under one roof’ issue; urges that decisive action be taken at all levels in order to find systemic solutions that will ensure inclusive and non-discriminatory education for all children; notes that the adoption of programmes and curricula throughout the whole territory of BiH should respect the cultural and linguistic diversity of the peoples while stressing mutual understanding and reconciliation; is concerned that a lack of resources and coordination is hampering the implementation of the 2015-2018 action plan for children; welcomes the BiH legislation on foster care and underlines the need to support further deinstitutionalisation of child care throughout the country; calls for improved access to education and to appropriate social services for children with disabilities and, more generally, for improved access to buildings, institutions and transport for persons with disabilities; |
| --- | --- |

14.

| 15. | Calls for more effective implementation of the legal provisions regarding equality between men and women, reducing pay gaps between men and women and enhancing access to the labour market for women, and for the combating of gender stereotypes in society; notes with concern the lack of effective implementation of the legislation on the prevention of and protection from gender-based violence, in particular domestic violence; points out the need to bring the legislation into line with the Istanbul Convention; urges that progress be made towards ensuring that the rights of persons with disabilities are respected, in particular by swiftly addressing the relevant UN recommendations; acknowledges the steps taken towards the legal protection of LGBTI persons but stresses that more needs to be done in order to prosecute violence and hate crimes against them, as well as to promote their social inclusion; |
| --- | --- |

15.

| 16. | Is concerned that lack of coordination between different levels of authority and lack of funding continue to hamper effective protection of minorities and vulnerable groups, in particular Roma people; calls for additional steps to be taken to reinforce the protection of minority rights; notes with concern that the results of the 2017 survey on marginalised Roma people in BiH shows their limited access to opportunities in every aspect of human development; condemns the stigmatisation and social exclusion of Roma people; calls on the authorities to commemorate the victims of the Roma Holocaust, to mark 2 August as Roma Holocaust Memorial Day, and to include Roma victims in their commemorations held on 27 January each year to mark Holocaust Remembrance Day; welcomes the adoption of a revised 2017-2020 Roma action plan on housing, employment and healthcare; insists that measures be taken to further improve the education, employment rates, health, housing and living conditions for Roma people and other minorities, focusing on improving and fully implementing the relevant existing policy and legislative frameworks; expresses concern about the low representation of members of national minorities in political and public life; |
| --- | --- |

16.

| 17. | Takes note of BiH’s participation in the 2018 OECD PISA assessment, enabled by the European Commission’s financial support; congratulates BiH’s educational institutions (competent ministries and institutions at the cantonal, entity and state levels, and in the Brčko District) for their cooperation and willingness to work together; urges future governments at all levels to use the test results, which are expected to be published in 2019, to engage in a constructive debate on and development of education reforms that will lead to better quality of educational output; |
| --- | --- |

17.

| 18. | Calls for a comprehensive reform of the social protection systems, by eliminating discriminatory practices in accordance with human rights obligations and ensuring that adequate minimum standards are set for the protection of the most vulnerable populations, including addressing gaps in legislation that prevent some children from having medical insurance; invites all the relevant institutions in BiH to strengthen coordination and collaboration on child rights monitoring, including through the establishment of a comprehensive child rights data collection mechanism in BiH; |
| --- | --- |

18.

| 19. | Notes that BiH remains a country of origin, transit and destination for trafficking in human beings; calls for border management to be improved and the specialised human trafficking investigation units to be strengthened in order to effectively combat smugglers; |
| --- | --- |

19.

| 20. | Is concerned about insufficient educational and economic reforms, which are leading to high levels of youth unemployment and economic emigration, and the lack of adequate policies and investment in children and young people; urges BiH to address the high gender imbalance of labour force participation rates and the exclusion of young people belonging to minority groups from education and employment measures; calls for a much more proactive and systematic policy vis-à-vis BiH’s young people, which should aim at empowering young people in the country; encourages BiH, in this respect, to establish a dedicated framework and ensure the full functioning of the Commission for Coordination of Youth Issues within the BiH Ministry of Civil Affairs; |
| --- | --- |

20.

| 21. | Calls for strategies and legislation on the rights of persons belonging to minority groups and their protection to be fully implemented and supported by public funds; |
| --- | --- |

21.

| 22. | Calls on BiH to ensure the right to property; points out the lack of a comprehensive legislative framework on handling restitution claims and encourages the authorities to open a dialogue with interested parties on issues pertaining to the restitution of, or compensation for, seized property; |
| --- | --- |

22.

| 23. | Regrets the lack of progress on freedom of expression and the independence of the media; clearly rejects continued attempts to put political and financial pressure on the media; condemns the recurrent cases of intimidation, death threats and verbal and physical attacks against journalists, in particular investigative journalists covering non-prosecuted war crimes cases; calls on the authorities to collect data on these cases, ensure swift investigation and prosecution of the perpetrators and promote an environment conducive to freedom of expression; points out the need to strengthen the financial stability and political neutrality of the Communications Regulatory Agency; reiterates its call to ensure the independence and sustainable financing of the public broadcasters, as well as the availability of content in all official languages; calls for more attention to be paid to the working conditions of journalists throughout the sector; expresses its concern about the lack of transparency of media ownership and reiterates its call to ensure full transparency by adopting the appropriate legislative framework; deplores the fact that due to political obstruction a functional public broadcasting service could not be established; reiterates its call to ensure media pluralism and emphasises that producing and broadcasting TV and radio content in all official languages of BiH would contribute to protecting cultural diversity in the country; stresses that, as is the case for other countries in the region, concerns remain regarding political instrumentalisation of the media, either directly by political players, or by business players in their attempts to exert political influence; |
| --- | --- |

23.

| 24. | Welcomes efforts aiming at promoting reconciliation, mutual respect and religious tolerance in the country, including those of the Inter-Religious Council of BiH; deplores continued cases of discrimination on religious grounds, as well as incidents targeting religious sites; praises and supports those who fight for freedom of expression, fight against hate speech and religious hatred, and promote inclusion; rejects incitement to fear against others and calls on the authorities to react promptly and consistently in all these cases; |
| --- | --- |

24.

| 25. | Welcomes the adoption of the Strategic Framework for the Public Administration Reform in Bosnia and Herzegovina 2018-2022 and calls for its swift implementation; draws attention again to the fragmentation and politicisation of the policy-making system in BiH, and stresses the need for reform of the constitutional framework in line with the highest standards of human rights and freedoms and the need to improve the quality, coherence and financial affordability of public policies throughout the country; calls for the adoption of a countrywide strategy on public financial management and for increased budget transparency in BiH, as well as for stronger mechanisms to prevent inefficiency and waste of public resources, including in the area of public procurement; calls in particular for action to be taken to reduce the risk of politicisation of civil service, through an effective human resources management system at all administrative levels, as well as by standardising civil service procedures across all governmental levels, particularly between the federal and cantonal levels in the Federation; |
| --- | --- |

25.

| 26. | Acknowledges that some progress has been made in establishing institutional mechanisms of cooperation between authorities and civil society organisations (CSOs) and in ensuring public financing for CSOs; reiterates its call for the adoption of a strategic framework of cooperation with civil society at all levels of governance, for the transparency of public decision-making to be enhanced and for additional efforts to be made in enabling public scrutiny of governments’ work; highlights, furthermore, the need to increase the involvement of civil society in planning, monitoring and implementing the EU support programmes; urges the authorities to conduct an effective dialogue which could lead to legislative and capacity-building initiatives that would strengthen the capacities of social partners and civil society; underlines the need for public funding to be made available for CSOs working on human rights, democracy and the rule of law, including watchdog and advocacy organisations, as well as for small grassroots organisations; |
| --- | --- |

26.

| 27. | Remains concerned by the widespread corruption in BiH and the persistent gap between the declared political will to fight it and the lack of concrete results; underlines that there is no track record of high profile cases and that the legal and institutional framework for combating systemic corruption in areas such as political party financing, public procurement, conflicts of interest and asset declaration is weak and inadequate; calls for steps to be taken to improve the legal and institutional anti-corruption framework in line with European standards, by better harmonising the action plans adopted at various levels, implementing the existing strategies and enhancing the cooperation between corruption prevention bodies and with the anti-corruption agency; |
| --- | --- |

27.

| 28. | Considers that additional efforts are needed to improve the fight against widespread corruption; urges that action be taken to significantly improve track records in the area of prevention and repression of corruption, including measures to impose effective and deterrent sanctions, including the confiscation of assets acquired through crime; emphasises the need to build up the capacity to counter and investigate economic, financial and public procurement-related crimes; stresses that particular attention should be given to conducting effective checks on the financing of political parties and electoral campaigns and to improving public access to and oversight of the asset declarations of public officials, including those standing for election; calls for the GRECO recommendations to be addressed, notably those on political party financing and conflicts of interest; deems it essential for BiH to adopt a law on conflicts of interest in accordance with European and international standards; urges BiH to conduct an analysis of the existing anti-corruption legal framework and subsequently to adopt a coherent strategy to address gaps and weaknesses identified, in accordance with international and European standards; |
| --- | --- |

28.

| 29. | Welcomes the adoption of the action plan on the implementation of the 2014-2018 Justice Sector Reform Strategy in March 2017 and the establishment of the necessary reporting and monitoring structures; points to the need for decisive action regarding its implementation; is concerned by continuing politically motivated threats against the judiciary; reiterates the need to strengthen the independence of the judiciary, including from political influence, as well as its impartiality, professionalism, efficiency and accountability; welcomes the detailed action plan adopted with a view to implementing the European Commission’s recommendations on issues within the remit of the High Judicial and Prosecutorial Council (HJPC) aimed at strengthening appointment, disciplinary and integrity measures as regards the judiciary, including through improved asset declarations; urges the swift adoption and implementation of related legislative acts; emphasises the need to revise the HJPC Law based on the Commission’s recommendations and the Opinion of the Venice Commission; calls for standardisation of penal codes for war crime cases and emphasises the importance of gender assessments of the ongoing judicial reform; |
| --- | --- |

29.

| 30. | Regrets the fact that authorities at all levels continue to disregard or reject binding decisions of the judiciary, including at the highest instance, and recalls that such acts represent a serious challenge to the rule of law; |
| --- | --- |

30.

| 31. | Welcomes the further reduction in the backlog of war crime cases, the continued positive trend in the prosecution of war crime cases involving sexual violence and improvements in in-court victim and witness support; urges the BiH authorities to harmonise legislation on civilian victims of war to cover victims of sexual violence, in order to prevent discrimination regarding status and access to reparations across the different entities; calls for prompt amendment of the national war crimes strategy, in order to ensure a more efficient distribution of cases between different levels of governance, along with new criteria and timelines for processing the most complex cases; |
| --- | --- |

31.

| 32. | Notes that a comprehensive transitional justice strategy and a solid mechanism for compensation of gross wartime human rights violations across the country, including for victims of war-related sexual violence, are still lacking; calls for the adoption of the Law on Victims of Torture, the Strategy on Transitional Justice and the Programme for Victims of Sexual Violence, and for the establishment of a special fund for compensation for victims of wartime rape, torture and abuse, and the setting up of adequate compensation mechanisms for civilian victims of war, to include restitution, compensation, rehabilitation, reparation and guarantees of non-repetition; |
| --- | --- |

32.

| 33. | Reiterates its support for the initiative to establish the Regional Commission tasked with establishing the facts about all victims of war crimes and other serious human rights violations committed on the territory of the former Yugoslavia (RECOM); stresses the importance of BiH leaders taking serious action on its establishment; underlines the importance of this process and the need for active engagement of all regional political leaders in order for RECOM to start its work without further delay; calls attention to the Coalition for RECOM’s proposal for an action plan with clear dates and benchmarks; |
| --- | --- |

33.

| 34. | Deplores any kind of glorification of persons convicted of the gravest crimes against humanity; calls, as a matter of urgency, for respect for victims of war crimes and reconciliation to be promoted; reminds all political leaders and institutions in BiH that they have a responsibility to assess war-time events objectively, in the interests of truth, reconciliation and a peaceful future, and to avoid misuse of the judiciary for political purposes; emphasises that the processing of war crimes must be based on the concept of judicial independence and must not be exploited for politicisation in order to serve everyday political ends, engage in historical revisionism or exacerbate divisions within society; notes with regret the decision by the Republika Srpska National Assembly to revoke its endorsement of the 2004 Srebrenica Commission Report and condemns statements from all sides that glorify war criminals; |
| --- | --- |

34.

| 35. | Underlines that, although significant progress has been achieved, the legacy of conflict-related sexual violence (CRSV) and trauma from the 1992-1995 war still needs proper attention in BiH; stresses that it must be ensured that female and male survivors, including children born in that context, have equitable access to care, support and justice through comprehensive reparations, including rehabilitation and alleviation of the stigmatisation of CRSV survivors; |
| --- | --- |

35.

| 36. | Acknowledges that certain, yet still insufficient, progress has been achieved in the implementation of Annex VII to the Dayton Peace Agreement on refugees and internally displaced persons; notes the slow progress in dealing with the persistent high number of internally displaced persons, minority returnees, refugees and missing persons; calls on the authorities to embark on intensive cooperation between the two entities and fully share all relevant military and intelligence data in order to identify persons still missing as a result of the war; welcomes recent initiatives aiming to enhance regional cooperation with a view to resolving the issue of missing persons and calls on the authorities in BiH to engage in this process; underlines the importance of collecting data on returnees; condemns cases of attacks against their property and notes that the success of the returnee policy in BiH is instrumental for reconciliation; |
| --- | --- |

36.

| 37. | Calls for the implementation of additional measures and concrete programmes in terms of the sustainable return of refugees, access to health care and employment, social protection, safety and education, and for significant attention to be paid to damages compensation for property that cannot be returned; urges, in this regard, the resumption of operations of the Commission for Real Property Claims of Displaced Persons and Refugees; |
| --- | --- |

37.

| 38. | Deplores the fact that the country still suffers due to the existence of landmines, which cover around 2,2 % of its total area and directly affect the safety of more than 540 000 inhabitants; welcomes the EU’s continued support to mine action and applauds the Demining Battalion of the Armed Forces in BiH for its excellent work; notes with concern the lack of sufficient quantities of state-of-the-art demining technology, which could lead to a drop from the current rate of 3 km2 of territory cleared per year to less than 1 km2 as of 2020; urges the Member States, therefore, to properly equip the Demining Battalion with the necessary means and equipment; |
| --- | --- |

38.

| 39. | Welcomes the adoption of the 2017-2020 Strategy for Combating Organised Crime and the progress in implementing the action plans on anti-money laundering measures and on the financing of terrorism; calls for a stepping-up of efforts to establish a track record of investigations, prosecutions, final convictions and confiscation of proceeds of organised crime; welcomes the long-awaited adoption of the amendments to the Criminal Procedure Code (CPC) by the BiH House of Representatives on 17 September 2018, as they are essential for the ability of rule of law institutions to conduct sensitive investigations and cooperate with international law enforcement agencies, and calls on the Commission to follow the implementation of these amendments closely; stresses that bringing the Law on the Intelligence Security Agency into line with European and international standards should remain a high priority for the authorities; appreciates the fact that BiH has been removed from the FATF list of ‘high-risk third countries with structural deficiencies in anti-money laundering/countering the financing of terrorism’, and calls for further efforts in order for it to be removed from the EU list of high-risk countries; |
| --- | --- |

39.

| 40. | Calls for continued efforts to combat radicalisation and for further measures to identify, prevent and comprehensively address the issue of foreign fighters, along with the illicit arms trade, and to trace money intended for further radicalisation; encourages the authorities to further improve BiH’s capacities for countering terrorism through better coordination, cooperation and exchange of criminal intelligence, the prevention of youth radicalisation, and deradicalisation programmes; calls on the authorities to develop a strategy to combat cybercrime and similar security threats; recalls the need for stronger cooperation on border management issues with neighbouring countries; |
| --- | --- |

40.

| 41. | Commends the BiH authorities’ efforts to stop departures of its citizens to foreign battlefields, and urges the authorities to apply appropriate sentencing for foreign terrorist fighters and to manage their subsequent social reintegration; notes with concern that radicalisation cells have been reported in certain locations in the country; |
| --- | --- |

41.

| 42. | Notes with concern the increasing number of migrants arriving in BiH lately and the lack of coordination between different government levels in responding to this situation; considers that the issue of migration should not be politicised; welcomes the EU humanitarian aid to address the increasing needs of refugees, asylum seekers and migrants in the country, and the adoption on 10 August 2018 of a special measure (worth EUR 6 million) to support BiH in managing the migration flows; emphasises the importance of taking into account the gender perspective of humanitarian aid and the impact of refugee camps on host communities; believes that cooperation with neighbouring countries and the EU is essential in addressing this common challenge; |
| --- | --- |

42.

| 43. | Calls for the adoption of a new set of EU-oriented reforms immediately after the formation of the new authorities in BiH, in order to resume the reform process and advance the country’s European integration; insists that effective conditionality should accompany EU financial support and that action plans and monitoring frameworks should be developed by the EU in line with the 20 principles of the European Pillar of Social Rights in order to realise the ‘new reinforced social dimension’, as stipulated in the 2018 Strategy for the Western Balkans; acknowledges that some progress has been made by BiH regarding economic development and competitiveness, but notes that the country is still at an early stage of establishing a functioning market economy; strongly believes that advancing socio-economic reforms, with the proper involvement of social partners, should be a high priority after the elections, with a view to improving living conditions in the country; notes the very limited progress in the social field; stresses the need to strengthen the economic fundamentals, such as growth, employment and the fight against the informal economy; points out the importance of restructuring the public sector, including public enterprises, further reducing the informal economy and the related fiscal burden on labour, improving the business environment (also through developing BiH’s single economic space), strengthening growth-friendly use of public finances, notably by focusing on medium-term needs such as infrastructure and education, and providing timely and exhaustive statistics in line with European and international standards; |
| --- | --- |

43.

| 44. | Notes the slow progress in environmental and climate protection; recalls the need to align with the EU acquis and to ensure effective and structured implementation of the environmental legislation throughout the country, in accordance with EU standards and in line with the countrywide Environmental Approximation Strategy; stresses again the need to swiftly address the transboundary air pollution caused by the oil refinery in Brod in line with EU environmental policies; emphasises that BiH needs to comply in full with its obligations under the Convention on Environmental Impact Assessment in a Transboundary Context and the Protocol on Strategic Environmental Assessment, in particular in the Neretva River Basin and Trebišnjica; underlines that planning and construction of hydropower plants and projects require compliance with international and EU environmental legislation, including the Birds and Habitats Directives and the Environmental Impact Assessment Directive; stresses the urgent need to avoid any negative impacts on areas of high nature value by improving the quality of environmental impact assessments and guaranteeing public participation and consultation of civil society in relevant projects; |
| --- | --- |

44.

| 45. | Notes that the electricity and gas markets remain fragmented and dominated by key incumbent companies; calls on the BiH authorities to further develop the country’s transport and energy infrastructure and to urgently create functional energy and transport chains; calls on BiH to take advantage of the new EU package for development of regional connectivity, and to work towards completing the Regional Energy Market in line with its climate commitments; advocates continued investments in infrastructure projects that will improve transport connectivity within BiH and with neighbouring countries; calls, when contractors are to be chosen, for tendering rules and the principle of transparency to be observed in order to prevent misuse of powers and corruption and to guarantee the selection of the best offers; expresses its support to the proposal of lowering roaming charges in the Western Balkans; |
| --- | --- |

45.

| 46. | Welcomes BiH’s constructive and stable bilateral relations and the signing of a number of bilateral agreements with its neighbours; calls for the strengthening of good neighbourly relations with the countries in the region and for further efforts to resolve all outstanding bilateral issues, including border demarcation with Serbia and Croatia, also with the aim of advancing towards membership of European organisations; |
| --- | --- |

46.

| 47. | Welcomes BiH’s Foreign Policy Strategy for the period 2018-2023 adopted by the Presidency of BiH, clearly stating that EU membership is one of the country’s main strategic objectives; regrets the fact that the degree of alignment with EU declarations and decisions of the Council regarding the Common Foreign and Security Policy (CFSP) dropped to 61 % in 2017; stresses the need for results regarding progressive alignment with the CFSP and calls for substantial improvement in this area, which constitutes an essential component of EU membership; strongly urges BiH to align itself with Council decisions introducing EU restrictive measures in the context of Russia’s illegal annexation of Crimea and events in eastern Ukraine, and deplores the deliberate lack of cooperation in this respect from some political actors; |
| --- | --- |

47.

| 48. | Notes the increasing influence of foreign powers in BiH and firmly believes that stronger EU engagement on the part of BiH remains the best way to ensure progress towards European values, stability and prosperity in the country; welcomes the continued presence of EUFOR Operation Althea in the country, which assists in capacity building and training of the armed forces of BiH, as well as retaining deterrence capacity to support a safe and secure environment; welcomes the extension of EUFOR’s mandate by the UN Security Council until November 2019; |
| --- | --- |

48.

| 49. | Urges the authorities to ensure strict alignment with EU and international standards and policy objectives in the field of energy and climate change; deplores the fact that the country’s efforts to combat climate change remain on the declarative level while at the same time decisions are being taken on the planning of new coal thermal power plants; calls, therefore, for the cancellation of the hydropower projects and plans that are harmful to nature, against the will of the local population, not in line with local or entity spatial development plans and beneficial only to investors; |
| --- | --- |

49.

| 50. | Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the Presidency of Bosnia and Herzegovina, the Council of Ministers of Bosnia and Herzegovina, the Parliamentary Assembly of Bosnia and Herzegovina, the governments and parliaments of the Federation of Bosnia and Herzegovina, the Republika Srpska and the Brčko District, and the governments of the ten cantons. |
| --- | --- |

50.

---

(1)  S/2018/416, 3.5.2018.

(2)  S/2018/974, 31.10.2018.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/90 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/90

---

P8_TA(2019)0098

The state of the debate on the Future of Europe

European Parliament resolution of 13 February 2019 on the state of the debate on the future of Europe (2018/2094(INI))

(2020/C 449/10)

The European Parliament,

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

—

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

| — | having regard to the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

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

| — | having regard to the European Convention on Human Rights, the European Social Charter, the Additional Protocol thereto and the revised version thereof, |
| --- | --- |

—

having regard to the European Convention on Human Rights, the European Social Charter, the Additional Protocol thereto and the revised version thereof,

| — | having regard to Article 295 TFEU, |
| --- | --- |

—

having regard to Article 295 TFEU,

| — | having regard to the informal meeting of 27 heads of state or government of 29 June 2016, |
| --- | --- |

—

having regard to the informal meeting of 27 heads of state or government of 29 June 2016,

| — | having regard to the Bratislava Declaration and Roadmap of 27 Member States of 16 September 2016, |
| --- | --- |

—

having regard to the Bratislava Declaration and Roadmap of 27 Member States of 16 September 2016,

| — | having regard to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (1), |
| --- | --- |

—

having regard to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (1),

| — | having regard to its resolution of 19 January 2017 on a European Pillar of Social Rights (2), |
| --- | --- |

—

having regard to its resolution of 19 January 2017 on a European Pillar of Social Rights (2),

| — | having regard to its resolution of 16 February 2017 on improving the functioning of the European Union building on the potential of the Lisbon Treaty (3), |
| --- | --- |

—

having regard to its resolution of 16 February 2017 on improving the functioning of the European Union building on the potential of the Lisbon Treaty (3),

| — | having regard to its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union (4), |
| --- | --- |

—

having regard to its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union (4),

| — | having regard to its resolution of 16 February 2017 on budgetary capacity for the euro area (5), |
| --- | --- |

—

having regard to its resolution of 16 February 2017 on budgetary capacity for the euro area (5),

| — | having regard to its resolution of 16 March 2017 on constitutional, legal and institutional implications of a common security and defence policy: possibilities offered by the Lisbon Treaty (6), |
| --- | --- |

—

having regard to its resolution of 16 March 2017 on constitutional, legal and institutional implications of a common security and defence policy: possibilities offered by the Lisbon Treaty (6),

| — | having regard to the Commission white paper of 1 March 2017 and the five subsequent reflection papers (COM(2017)2025, COM(2017)0206, COM(2017)0240, COM(2017)0291, COM(2017)0315, COM(2017)0358), |
| --- | --- |

—

having regard to the Commission white paper of 1 March 2017 and the five subsequent reflection papers (COM(2017)2025, COM(2017)0206, COM(2017)0240, COM(2017)0291, COM(2017)0315, COM(2017)0358),

| — | having regard to the Rome Declaration of 25 March 2017, |
| --- | --- |

—

having regard to the Rome Declaration of 25 March 2017,

| — | having regard to the UK’s notification of 29 March 2017 of its intention to leave the European Union, |
| --- | --- |

—

having regard to the UK’s notification of 29 March 2017 of its intention to leave the European Union,

| — | having regard to the resolution of the European Economic and Social Committee on the Commission’s White Paper on the Future of Europe and beyond of 6 July 2017 (7), |
| --- | --- |

—

having regard to the resolution of the European Economic and Social Committee on the Commission’s White Paper on the Future of Europe and beyond of 6 July 2017 (7),

| — | having regard to the resolution of the Committee of the Regions on the Commission’s White Paper on the Future of Europe — Reflections and scenarios for the EU-27 by 2025 of 12 May 2017 (8), |
| --- | --- |

—

having regard to the resolution of the Committee of the Regions on the Commission’s White Paper on the Future of Europe — Reflections and scenarios for the EU-27 by 2025 of 12 May 2017 (8),

| — | having regard to the various contributions from national parliaments on the Commission’s white paper and reflection papers on the future of Europe, |
| --- | --- |

—

having regard to the various contributions from national parliaments on the Commission’s white paper and reflection papers on the future of Europe,

| — | having regard to the 2018 State of the Union address of 12 September 2018 by Commission President Jean-Claude Juncker, |
| --- | --- |

—

having regard to the 2018 State of the Union address of 12 September 2018 by Commission President Jean-Claude Juncker,

| — | having regard to the 2017 State of the Union address of 13 September 2017 by Commission President Jean-Claude Juncker and to his roadmap for a more united, stronger and more democratic union of 24 October 2017 (COM(2017)0650), |
| --- | --- |

—

having regard to the 2017 State of the Union address of 13 September 2017 by Commission President Jean-Claude Juncker and to his roadmap for a more united, stronger and more democratic union of 24 October 2017 (COM(2017)0650),

| — | having regard to French President Emmanuel Macron’s Sorbonne speech of 26 September 2017, entitled ‘Initiative for Europe: A sovereign, united democratic Europe’, |
| --- | --- |

—

having regard to French President Emmanuel Macron’s Sorbonne speech of 26 September 2017, entitled ‘Initiative for Europe: A sovereign, united democratic Europe’,

| — | having regard to the informal summit of EU heads of state or government of 29 September 2017 in Tallinn, |
| --- | --- |

—

having regard to the informal summit of EU heads of state or government of 29 September 2017 in Tallinn,

| — | having regard to the Leaders’ Agenda adopted at the European Council meeting of 19-20 October 2017, |
| --- | --- |

—

having regard to the Leaders’ Agenda adopted at the European Council meeting of 19-20 October 2017,

| — | having regard to the Interinstitutional Proclamation on the European Pillar of Social Rights of 17 November 2017 of the Council, Parliament and the Commission, |
| --- | --- |

—

having regard to the Interinstitutional Proclamation on the European Pillar of Social Rights of 17 November 2017 of the Council, Parliament and the Commission,

| — | having regard to the Commission’s roadmap for deepening Europe’s Economic and Monetary Union (EMU) of 6 December 2017 (COM(2017)0821) and in particular the proposal to establish a European Monetary Fund (EMF) (COM(2017)0827), the proposal to integrate the substance of the Treaty on Stability, Coordination and Governance into the Union legal framework (COM(2017)0824) and the communication on a European Minister of Economy and Finance (COM(2017)0823), |
| --- | --- |

—

having regard to the Commission’s roadmap for deepening Europe’s Economic and Monetary Union (EMU) of 6 December 2017 (COM(2017)0821) and in particular the proposal to establish a European Monetary Fund (EMF) (COM(2017)0827), the proposal to integrate the substance of the Treaty on Stability, Coordination and Governance into the Union legal framework (COM(2017)0824) and the communication on a European Minister of Economy and Finance (COM(2017)0823),

| — | having regard to the European Council meeting of 14-15 December 2017, and to the Leaders’ meeting and Euro Summit meetings taking place in the margins thereof, |
| --- | --- |

—

having regard to the European Council meeting of 14-15 December 2017, and to the Leaders’ meeting and Euro Summit meetings taking place in the margins thereof,

| — | having regard to the letter of 20 December 2017 by 26 national parliaments from 20 Member States on the transparency of decision-making in the Council, |
| --- | --- |

—

having regard to the letter of 20 December 2017 by 26 national parliaments from 20 Member States on the transparency of decision-making in the Council,

| — | having regard to the declaration of 10 January 2018 adopted at the Summit of the Southern European Union Countries (Cyprus, France, Greece, Malta, Portugal and Spain), entitled ‘Bringing the EU forward in 2018’, as well as to the statement on the Future of Europe made by the Visegrad Group countries (Czech Republic, Hungary, Poland and Slovakia) on 26 January 2018 and to the joint statement of European Finance Ministers from Finland, Denmark, Estonia, Ireland, Latvia, Lithuania, the Netherlands and Sweden of 6 March 2018, |
| --- | --- |

—

having regard to the declaration of 10 January 2018 adopted at the Summit of the Southern European Union Countries (Cyprus, France, Greece, Malta, Portugal and Spain), entitled ‘Bringing the EU forward in 2018’, as well as to the statement on the Future of Europe made by the Visegrad Group countries (Czech Republic, Hungary, Poland and Slovakia) on 26 January 2018 and to the joint statement of European Finance Ministers from Finland, Denmark, Estonia, Ireland, Latvia, Lithuania, the Netherlands and Sweden of 6 March 2018,

| — | having regard to the Commission communication of 13 February 2018 entitled ‘A Europe that delivers: Institutional options for making the European Union’s work more efficient’ (COM(2018)0095), |
| --- | --- |

—

having regard to the Commission communication of 13 February 2018 entitled ‘A Europe that delivers: Institutional options for making the European Union’s work more efficient’ (COM(2018)0095),

| — | having regard to Commission Recommendation (EU) 2018/234 of 14 February 2018 on enhancing the European nature and efficient conduct of the 2019 elections to the European Parliament (9), |
| --- | --- |

—

having regard to Commission Recommendation (EU) 2018/234 of 14 February 2018 on enhancing the European nature and efficient conduct of the 2019 elections to the European Parliament (9),

| — | having regard to the informal meeting of the 27 heads of state or government of 23 February 2018, |
| --- | --- |

—

having regard to the informal meeting of the 27 heads of state or government of 23 February 2018,

| — | having regard to its resolution of 1 March 2018 on the situation of fundamental rights in the EU in 2016 (10), |
| --- | --- |

—

having regard to its resolution of 1 March 2018 on the situation of fundamental rights in the EU in 2016 (10),

| — | having regard to its resolution of 19 April 2018 on the implementation of the Treaty provisions concerning national parliaments (11), |
| --- | --- |

—

having regard to its resolution of 19 April 2018 on the implementation of the Treaty provisions concerning national parliaments (11),

| — | having regard to the Commission proposal for a Council regulation laying down the multiannual financial framework for the years 2021 to 2027 of 2 May 2018 (COM(2018)0322), |
| --- | --- |

—

having regard to the Commission proposal for a Council regulation laying down the multiannual financial framework for the years 2021 to 2027 of 2 May 2018 (COM(2018)0322),

| — | having regard to the Commission proposal for a Council decision on the system of Own Resources of the European Union of 2 May 2018 (COM(2018)0325), |
| --- | --- |

—

having regard to the Commission proposal for a Council decision on the system of Own Resources of the European Union of 2 May 2018 (COM(2018)0325),

| — | having regard to the EU-Western Balkans Summit of 17 May 2018, |
| --- | --- |

—

having regard to the EU-Western Balkans Summit of 17 May 2018,

| — | having regard to the Special Report of the European Ombudsman in strategic inquiry OI/2/2017/TE on the transparency of the Council legislative process of 16 May 2018, |
| --- | --- |

—

having regard to the Special Report of the European Ombudsman in strategic inquiry OI/2/2017/TE on the transparency of the Council legislative process of 16 May 2018,

| — | having regard to the Meseberg Declaration of 19 June 2018, |
| --- | --- |

—

having regard to the Meseberg Declaration of 19 June 2018,

| — | having regard to the European Council meeting of 28-29 June 2018, |
| --- | --- |

—

having regard to the European Council meeting of 28-29 June 2018,

| — | having regard to the opinion of the Committee of the Regions entitled ‘Reflecting on Europe: the voice of local and regional authorities to rebuild trust in the European Union’ of 9 October 2018, |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions entitled ‘Reflecting on Europe: the voice of local and regional authorities to rebuild trust in the European Union’ of 9 October 2018,

| — | having regard to the Future of Europe debates with heads of state or government, hosted by the European Parliament, |
| --- | --- |

—

having regard to the Future of Europe debates with heads of state or government, hosted by the European Parliament,

| — | having regard to the letter from the Committee on Legal Affairs, |
| --- | --- |

—

having regard to the letter from the Committee on Legal Affairs,

| — | having regard to Rule 52 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Economic and Monetary Affairs, the Committee on International Trade, the Committee on Budgetary Control and the Committee on Agriculture and Rural Development (A8-0427/2018), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Economic and Monetary Affairs, the Committee on International Trade, the Committee on Budgetary Control and the Committee on Agriculture and Rural Development (A8-0427/2018),

| A. | whereas the European Union is an example of supranational integration without equal and has brought lasting peace, prosperity and welfare ever since the groundbreaking Schuman declaration of 9 May 1950; whereas shared security, respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights and the well-being of its peoples have been at the core of its aspirations and actions; |
| --- | --- |

A.

whereas the European Union is an example of supranational integration without equal and has brought lasting peace, prosperity and welfare ever since the groundbreaking Schuman declaration of 9 May 1950; whereas shared security, respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights and the well-being of its peoples have been at the core of its aspirations and actions;

| B. | whereas the free movement of goods, services, capital and people, the single currency, the Erasmus programme, regional, agricultural and cohesion policies, and Horizon 2020 are fundamental achievements of the Union, among many others, that contribute to the well-being of European citizens; whereas the Union needs to be endowed with the appropriate powers and resources to meet the challenges of the 21st century; |
| --- | --- |

B.

whereas the free movement of goods, services, capital and people, the single currency, the Erasmus programme, regional, agricultural and cohesion policies, and Horizon 2020 are fundamental achievements of the Union, among many others, that contribute to the well-being of European citizens; whereas the Union needs to be endowed with the appropriate powers and resources to meet the challenges of the 21st century;

| C. | whereas over the past few years the Union has faced multiple crises which have tested its resilience and capacity to act in a decisive and united manner; |
| --- | --- |

C.

whereas over the past few years the Union has faced multiple crises which have tested its resilience and capacity to act in a decisive and united manner;

| D. | whereas the period from 2014 to 2017 has seen more socially balanced and effective monetary and macroeconomic policies, such as the non-standard policies of the European Central Bank, the flexibility of the Stability and Growth Pact and the Investment Plan for Europe, which have contributed to the EU’s economic and social recovery; |
| --- | --- |

D.

whereas the period from 2014 to 2017 has seen more socially balanced and effective monetary and macroeconomic policies, such as the non-standard policies of the European Central Bank, the flexibility of the Stability and Growth Pact and the Investment Plan for Europe, which have contributed to the EU’s economic and social recovery;

| E. | whereas although Europe has managed to contain and partially overcome the most critical moments of the financial and economic crisis, important and urgent reforms still lie ahead at EU and Member State level in the area of economic governance in general and the euro area in particular, as well as in terms of further strengthening the single market and the recovery and development of the social standards of our welfare states; |
| --- | --- |

E.

whereas although Europe has managed to contain and partially overcome the most critical moments of the financial and economic crisis, important and urgent reforms still lie ahead at EU and Member State level in the area of economic governance in general and the euro area in particular, as well as in terms of further strengthening the single market and the recovery and development of the social standards of our welfare states;

| F. | whereas in view of the multiple internal and external current and future challenges facing the Union in an unstable and complex global world, in particular those concerning migration, demographic decline, terrorism, security, climate change, environmental issues, preserving the multilateral world order, completing the EMU, globalisation, free, fair and rules-based international trade, foreign affairs and defence, developing the social pillar, and combating anti-EU populism, intolerance and xenophobia, the EU should promote a renewed spirit of cooperation and solidarity among its Members based on Articles 2 and 3 of the TEU and the Charter of Fundamental Rights, while the objective enshrined in the Lisbon Treaty of creating an ever closer union among the peoples of Europe should continue to inspire the actions taken by the Union to further strengthen European integration and effectively address these challenges; |
| --- | --- |

F.

whereas in view of the multiple internal and external current and future challenges facing the Union in an unstable and complex global world, in particular those concerning migration, demographic decline, terrorism, security, climate change, environmental issues, preserving the multilateral world order, completing the EMU, globalisation, free, fair and rules-based international trade, foreign affairs and defence, developing the social pillar, and combating anti-EU populism, intolerance and xenophobia, the EU should promote a renewed spirit of cooperation and solidarity among its Members based on Articles 2 and 3 of the TEU and the Charter of Fundamental Rights, while the objective enshrined in the Lisbon Treaty of creating an ever closer union among the peoples of Europe should continue to inspire the actions taken by the Union to further strengthen European integration and effectively address these challenges;

| G. | whereas Parliament is very concerned about the rise of populist, xenophobic and anti-European movements all over Europe; whereas the Union and its Member States must strengthen their efforts to defend and promote the democratic values, founding principles and objectives of European integration; |
| --- | --- |

G.

whereas Parliament is very concerned about the rise of populist, xenophobic and anti-European movements all over Europe; whereas the Union and its Member States must strengthen their efforts to defend and promote the democratic values, founding principles and objectives of European integration;

| H. | whereas the UK’s referendum of June 2016 leading to its notification on 29 March 2017 of its intention to leave the European Union has intensified the debate on the future of the Union; whereas the negotiations on the envisaged withdrawal of the UK from the EU have revealed the high level of interdependence of the Member States, the degree to which we all rely on joint instruments and policies and the costs of any departure; |
| --- | --- |

H.

whereas the UK’s referendum of June 2016 leading to its notification on 29 March 2017 of its intention to leave the European Union has intensified the debate on the future of the Union; whereas the negotiations on the envisaged withdrawal of the UK from the EU have revealed the high level of interdependence of the Member States, the degree to which we all rely on joint instruments and policies and the costs of any departure;

| I. | whereas the intensification of the debate on the future of Europe is reflected, besides in Parliament’s own resolutions on the future of Europe of 16 February 2017, in the Bratislava Declaration and Roadmap, the Commission White Paper on the Future of Europe, the Rome Declaration, the Leaders’ Agenda adopted by the European Council in October 2017, and various contributions by individual Member States or groups of them, and by the European Economic and Social Committee and the Committee of the Region, as well as in plenary debates in the European Parliament on the ‘Future of Europe’ with heads of state or government, in interparliamentary committee meetings and in the organisation of citizens’ dialogues and consultations by various institutions, bodies and Member States; |
| --- | --- |

I.

whereas the intensification of the debate on the future of Europe is reflected, besides in Parliament’s own resolutions on the future of Europe of 16 February 2017, in the Bratislava Declaration and Roadmap, the Commission White Paper on the Future of Europe, the Rome Declaration, the Leaders’ Agenda adopted by the European Council in October 2017, and various contributions by individual Member States or groups of them, and by the European Economic and Social Committee and the Committee of the Region, as well as in plenary debates in the European Parliament on the ‘Future of Europe’ with heads of state or government, in interparliamentary committee meetings and in the organisation of citizens’ dialogues and consultations by various institutions, bodies and Member States;

| J. | whereas the Parlemeter survey, conducted between 8 and 26 September 2018, shows that 62 % of respondents believe that their countries’ membership is a good thing and that 68 % consider that their country has benefited from its EU membership, the highest result measured since 1983; |
| --- | --- |

J.

whereas the Parlemeter survey, conducted between 8 and 26 September 2018, shows that 62 % of respondents believe that their countries’ membership is a good thing and that 68 % consider that their country has benefited from its EU membership, the highest result measured since 1983;

| K. | whereas the values and principles on which the Union is based define a sphere with which every European citizen can identify, irrespective of political or cultural differences linked to national identity; |
| --- | --- |

K.

whereas the values and principles on which the Union is based define a sphere with which every European citizen can identify, irrespective of political or cultural differences linked to national identity;

| L. | whereas the upcoming elections to the European Parliament present an opportunity to take stock of the debate on the future of Europe, also in view of the principal institutional priorities of the European Parliament, the Commission and the Council for the new term; |
| --- | --- |

L.

whereas the upcoming elections to the European Parliament present an opportunity to take stock of the debate on the future of Europe, also in view of the principal institutional priorities of the European Parliament, the Commission and the Council for the new term;

| M. | whereas the EU is facing a particularly important period in its construction process, given the nature and dimension of its challenges, and whereas these can only be solved by working together and through greater and better integration and solidarity among Member States exploiting to the full extent the current provisions of the Lisbon Treaty and, subsequently, reforming the Treaties in order to improve institutional decision-making and ensure the appropriate balance of competences; |
| --- | --- |

M.

whereas the EU is facing a particularly important period in its construction process, given the nature and dimension of its challenges, and whereas these can only be solved by working together and through greater and better integration and solidarity among Member States exploiting to the full extent the current provisions of the Lisbon Treaty and, subsequently, reforming the Treaties in order to improve institutional decision-making and ensure the appropriate balance of competences;

| N. | whereas institutional reforms should aim at making decision-making processes more democratic and enhancing the transparency of decision-making and the accountability of the Union and its institutions; whereas, in view of these aims, it is an appropriate and opportune time to promote meaningful civic participation in the European project and organise consultations and encourage regular dialogue with citizens and representative associations, in line with the requirements of Article 11 of the TEU; |
| --- | --- |

N.

whereas institutional reforms should aim at making decision-making processes more democratic and enhancing the transparency of decision-making and the accountability of the Union and its institutions; whereas, in view of these aims, it is an appropriate and opportune time to promote meaningful civic participation in the European project and organise consultations and encourage regular dialogue with citizens and representative associations, in line with the requirements of Article 11 of the TEU;

| O. | whereas the Union needs a stronger government structure, with enhanced democratic control by Parliament, to face the challenges of today and the future; whereas transparency and integrity on the part of the EU institutions and bodies are essential to build trust and confidence of citizens; |
| --- | --- |

O.

whereas the Union needs a stronger government structure, with enhanced democratic control by Parliament, to face the challenges of today and the future; whereas transparency and integrity on the part of the EU institutions and bodies are essential to build trust and confidence of citizens;

| P. | whereas the joint Franco-German Meseberg Declaration contains a series of reflections and proposals to strengthen European cooperation, in particular in the field of economic governance; |
| --- | --- |

P.

whereas the joint Franco-German Meseberg Declaration contains a series of reflections and proposals to strengthen European cooperation, in particular in the field of economic governance;

| Q. | whereas the promotion of a European dimension of culture and education is vital for reinforcing European citizenship, taking into account that the Union suffers from a knowledge deficit that means that the Union’s achievements tend to be taken for granted by younger generations; |
| --- | --- |

Q.

whereas the promotion of a European dimension of culture and education is vital for reinforcing European citizenship, taking into account that the Union suffers from a knowledge deficit that means that the Union’s achievements tend to be taken for granted by younger generations;

| 1. | Recalls that Parliament’s resolutions on the future of Europe of 16 February 2017 emphasised the importance of the single institutional framework and the Community method and suggested several proposals and initiatives of particular importance for European integration that can contribute to building Europe’s future; |
| --- | --- |

1.

| 2. | Underlines that the Union must tackle the challenges of its future with greater and better political integration, with full respect for and promotion of human rights, fundamental freedoms and the democratic principles and by working together; highlights that citizens want a Europe that protects their rights, welfare and social model on the basis of shared sovereignty, which requires appropriate political integration; invites the heads of state or government to pursue this path in a renewed spirit of solidarity and collaboration; |
| --- | --- |

2.

| 3. | Points out that the heads of state or government who addressed Parliament in plenary during the debates on the future of Europe all acknowledged that there is a need to face the challenges of the future together and to do better what can only be achieved together; |
| --- | --- |

3.

| 4. | Reiterates its belief that differentiated integration must remain open to all Member States and continue to act as a method of deeper European integration and solidarity, which should not be confused with the idea of a Europe à la carte; insists on the need to avoid any perception of the creation of first-class and second-class membership within the Union in the current debate on differentiated integration; |
| --- | --- |

4.

| 5. | Recalls that differentiated integration should not be a way to reduce political integration; |
| --- | --- |

5.

| 6. | Stresses that the crisis has produced an imbalance between the main institutions of the Union, and that the European Council is exercising its own political initiative to the detriment of the Commission’s right of initiative and is reinforcing the intergovernmental method; considers, however, that the Community method is best suited for the functioning of the Union; recalls the numerous resolutions adopted by Parliament in this regard and reiterates its call on the European Council to fully respect the boundaries of its competences as enshrined, in particular, in Article 15 of the TEU; |
| --- | --- |

6.

| 7. | Reiterates that unanimity, which the Treaties require in some fundamental matters, is an almost insurmountable obstacle in important moments and decisions, and advocates therefore, with regard to decision-making procedures, the principle of qualified majority voting (QMV) in the Council and, for legislation, the use of the ordinary legislative procedure in all areas where this is possible; recalls that under the current Treaties this can be achieved by using the various passerelle clauses or, in the case of enhanced cooperation, by using Article 333 of the TFEU; |
| --- | --- |

7.

| 8. | Welcomes in this regard the announcement by President Juncker in his State of the Union addresses of 13 September 2017 and 12 September 2018 of the intention to propose using QMV in the Council in certain specific policy areas, but regrets that the multiannual financial framework (MFF) regulation is not among the subjects listed; |
| --- | --- |

8.

| 9. | Welcomes in particular the fact that the Commission has proposed using QMV in the common foreign and security policy (CFSP) as regards positions on human rights questions in international fora, decisions to establish sanctions regimes, and decisions to launch or implement civilian missions in response to crises abroad, given the importance of speeding up decision-making and making it more effective, and the need for the Union to speak more with one voice; |
| --- | --- |

9.

| 10. | Reiterates its suggestion to transform the Council into a true legislative chamber on equal footing with Parliament, as outlined in its resolution of 16 February 2017 on improving the functioning of the European Union building on the potential of the Lisbon Treaty, and to improve the transparency of its decision-making process; points in this context to the special report by the Ombudsman on the transparency of the Council’s legislative process and to the letter of COSAC delegations of 20 December 2017 calling for more transparency in political decision-making, in particular from the Council and informal bodies such as the Eurogroup, in line with similar requests made by Parliament in this respect; |
| --- | --- |

10.

| 11. | Considers that there are different options to render the Commission more agile by adapting the structure and working methods of the College of Commissioners, for example with the appointment of Vice-Presidents responsible for a cluster of policies or the appointment of senior and junior Commissioners; |
| --- | --- |

11.

| 12. | Recalls that, although Parliament does not have a formal right of legislative initiative under the current Treaties, it may request that the Commission submit any appropriate proposal on matters that, in its view, require a Union act for the purpose of implementing the Treaties, and reminds the Commission, in accordance with Article 10 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (12), of its obligation to give prompt and detailed consideration to requests for proposals for Union acts; recalls furthermore that this interinstitutional agreement also contains provisions on interinstitutional annual and multiannual programming, which provide an additional tool for Parliament to steer the legislative agenda; |
| --- | --- |

12.

| 13. | Recalls its proposal according to which, in the event of a possible future revision of the Treaties, the right of legislative initiative could also be attributed to Parliament as the direct representative of EU citizens; |
| --- | --- |

13.

| 14. | Insists that Parliament’s power of scrutiny and in particular its right of inquiry should be reinforced and that it should be granted specific, genuine and clearly delimited powers; |
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14.

| 15. | Takes note of the report of the Task Force on Subsidiarity, Proportionality and ‘Doing Less More Efficiently’ of 10 July 2018, presenting recommendations on a new way of working on subsidiarity and proportionality; considers that many of these recommendations, particularly regarding the role of national parliaments within the Union and the advisability of reforming the early warning system, have already been highlighted by Parliament; recalls that the Task Force found that there is EU added value in all existing areas of EU activity and therefore did not identify any Treaty competences or policy areas that should be re-delegated definitively, in whole or in part, to the Member States; |
| --- | --- |

15.

| 16. | Welcomes the recommendations of the different institutions calling for a more active role for national parliaments, especially in controlling the action of their governments in the European institutions; recalls also the fundamental role of local authorities and especially regional parliaments with legislative powers; |
| --- | --- |

16.

| 17. | Stresses the importance of cooperation at interinstitutional level, while respecting each institution’s prerogatives as enshrined in the Treaties, this cooperation having been given a new framework with the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, and underlines that simplification is an ongoing exercise which aims at making the processes and procedures at EU level easier to understand, ensuring that views from all relevant stakeholders are taken into account and ultimately facilitating the participation of citizens in the work of the European Union; |
| --- | --- |

17.

| 18. | Welcomes the joint proclamation endorsing the European Pillar of Social Rights signed by the Council, Parliament and the Commission during the Gothenburg Social Summit for Fair Jobs and Growth; points out that the competences and tools required to deliver on the pillar are mainly in the hands of local, regional and national authorities, as well as social partners and civil society, while the European Semester offers a framework to keep track of the performance of the Member States in this respect; recalls, furthermore, in this context that social dialogue has proven to be an indispensable instrument to improve EU policy- and law-making and strengthen the social legitimacy thereof; |
| --- | --- |

18.

| 19. | Notes the non-binding nature of the Social Pillar, which is unable as such to shift the EU focus from economic, internal market and fiscal policies to social targets; points out that the horizontal social clause enshrined in Article 9 of the TFEU requires the Union to give careful consideration to the impact of EU legislation on social standards and employment and with due consultation of social stakeholders; |
| --- | --- |

19.

| 20. | Stresses that environmental protection must be a high priority for the EU in light of the current environmental degradation, and must be mainstreamed in all policies and actions of the Union; underlines that the EU should take effective action to reduce greenhouse gas emissions and increase the share of renewables in the energy mix and energy savings to the levels necessary to meet the objectives set in the Paris Agreement; |
| --- | --- |

20.

| 21. | Calls once again on the Member States to sign and ratify the revised European Social Charter and the European Convention on Social Security (ETS No 78); |
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21.

| 22. | Underlines the importance of continuing the process of deepening and completing the EMU in order to contribute to preserving the stability of the single currency and enhancing the convergence of economic, fiscal and labour market policies and social standards among the Member States; reiterates that, with the exception of Denmark’s opt-out, every single Member State is bound to adopt the euro; supports further steps in the development of the ESM; |
| --- | --- |

22.

| 23. | Stresses in this regard the need for strong political commitment, efficient governance and democratic accountability at European and national level, in particular parliamentary scrutiny at the various stages of the European Semester by both the European Parliament and national parliaments, in order to provide the economic and financial governance of the euro area with enhanced social, economic and democratic legitimacy and improve the follow-up of Union recommendations; |
| --- | --- |

23.

| 24. | Recalls its view, in its resolution of 16 February 2017 on possible evolutions of and adjustments to the current institutional set-up of the European Union, that fiscal and economic policy should become a ‘shared competence’ between the Union and the Member States; |
| --- | --- |

24.

| 25. | Notes the convergence of positions taken by France and Germany on the idea of a budgetary capacity for the euro area; reiterates its view that such a capacity should be developed within the EU framework; |
| --- | --- |

25.

| 26. | Takes note of the Commission proposal for a European Investment Stabilisation Function and is discussing new budgetary tools aimed at stabilisation; |
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26.

| 27. | Takes note of the Commission proposal for a Reform Support Programme; stresses the importance of not weakening Parliament’s co-decision and oversight powers in the spending of EU funds; is concerned that in the period 2011-2017 only 9 % of country-specific recommendations (CSRs) were fully implemented; takes note of the convergence facility, which will provide an incentive and help Member States outside the euro area with sustainable fiscal and economic policies to implement reforms and fulfil the criteria for introducing the euro; |
| --- | --- |

27.

| 28. | Welcomes the future InvestEU programme and stresses that the fund should continue to reduce the investment gap in the EU; supports investments in tangible and intangible assets, including cultural heritage, in order to foster growth, investment and employment, with a particular focus on small and medium-sized enterprises (SMEs), small- and mid-cap companies and social enterprises, and thereby contribute to improved well-being and fairer income distribution and economic, social and territorial cohesion in the Union; |
| --- | --- |

28.

| 29. | Notes the Commission communication on a European Minister of Economy and Finance; points out that merging the positions of Commission Vice-President for Economic Affairs and Chair of the Eurogroup could improve parliamentary accountability at European level; |
| --- | --- |

29.

| 30. | Is of the view that the future EU budget should promote European added value in terms of socio-economic impact, support the modernisation of EU policies, ensure finances for new challenges and continue contributing towards economic and social convergence and cohesion between and within Member States so as to enhance European solidarity, stability, equality and smart, sustainable and inclusive growth, including in light of the EU’s commitments under the Paris Agreement, secure respect for and promotion of fundamental values as stated in Articles 2 and 3 of the TEU and be endowed with new own resources, taking into account the work of the High Level Group on Own Resources; |
| --- | --- |

30.

| 31. | Welcomes the fact that the Commission proposal on own resources introduces new real own resources, as requested by Parliament, but regrets that no other possible sources of revenue were introduced; expresses concern at the Commission proposal for the MFF for 2021-2027, because it lacks a financial commitment to face the current challenges for the EU as well as those that lie ahead; regrets the position taken by some Member States that refuse to provide more resources to the EU, despite unanimous recognition of the need to face new challenges and responsibilities, and therefore the need for more financial resources; points out that spending at EU level can save money at national level by avoiding duplication and through economies of scale; |
| --- | --- |

31.

| 32. | Underlines the importance of ensuring upward economic and social convergence in the European Semester process; recognises the importance of the establishment of the European Pillar of Social Rights; notes that the European Semester has been strengthened and streamlined but highlights that better involvement of national parliaments would help to improve national ownership, which would lead to better implementation of CSRs, thus improving the European Semester process; notes that it is first and foremost the responsibility of the Member States to choose adequate and sustainable fiscal and economic policies; |
| --- | --- |

32.

| 33. | Regrets that, to date, there has been no practical follow-up to its call for a convergence code — to be adopted by co-decision — in order to have a more effective framework for economic policy coordination; recalls furthermore that, while acknowledging that the European Semester has already been streamlined, Parliament called for an interinstitutional agreement to be concluded to give Parliament a more substantial role in the European Semester; recalls in this context its suggestion, specifically in line with its resolution on the implementation of the Treaty provisions concerning national parliaments, that budgetary calendars at national and European level need to be better coordinated throughout the process in order to better involve both the European Parliament and national parliaments in the European Semester; |
| --- | --- |

33.

| 34. | Underlines the importance of commitment to the process of completing the Banking Union and the need to ensure openness and equal treatment of all Member States participating in the Banking Union; recalls that the completion of the Banking Union, including a European Deposit Insurance Scheme and a fiscal backstop for the Single Resolution Fund, must continue, as must measures to achieve risk reduction; |
| --- | --- |

34.

| 35. | Welcomes the anti-money laundering proposals presented by the Commission in the context of the European System of Financial Supervision (ESFS) review; encourages the Council to complete with Parliament the legislative negotiations before the end of this legislative term, as anti-money laundering policies need to be strengthened in order to avoid future situations whereby financial institutions are actively facilitating money laundering; |
| --- | --- |

35.

| 36. | Invites the Commission, with the help of the European supervisory authorities, to identify and remove obstacles to the internal market and help to ensure consumer protection; is of the opinion that one of the main priorities of the Commission should be to effectively enforce EU legislation; |
| --- | --- |

36.

| 37. | Calls on the Commission to prioritise regulations over directives as the legislative tool for the Banking Union and financial services legislation, where appropriate and on a case-by-case basis, in order to avoid creating fragmentation and a situation whereby supervisors have to deal with different national regimes; |
| --- | --- |

37.

| 38. | Emphasises the urgent need to complete the Capital Markets Union; stresses that deep and well-integrated capital markets are complementary to the Banking Union, due to their contribution to private risk-sharing, increasing economic convergence, helping to cushion future shocks and potentially leading to a better allocation of funds where needed; calls for a comprehensive study on the most appropriate framework in order to better take into account the rapidly evolving nature of financial services; highlights the fact that better access to additional sources of financing would be especially helpful for start-ups and SMEs, promoting their solid growth and sustainable development; |
| --- | --- |

38.

| 39. | Welcomes the work done so far and deems it necessary to continue the comprehensive review of existing VAT legislation; urges the need to step up the fight against tax fraud, tax avoidance and tax evasion; notes the Commission’s work on fair taxation of the digital economy; |
| --- | --- |

39.

| 40. | Invites all EU institutions and bodies, including the Commission, the European Central Bank, the European Investment Bank and the Single Supervisory Mechanism, to enhance to an even greater extent their communication efforts in order to better explain their work and to improve the information available to EU citizens; |
| --- | --- |

40.

| 41. | Stresses that Europe is a positive force in the world and should continue to be, by upholding its values, multilateralism and international law; recalls that the Union and its Member States are the largest contributor to international development aid; |
| --- | --- |

41.

| 42. | Welcomes the Council decision establishing permanent structured cooperation (PESCO), the Coordinated Annual Review on Defence (CARD) and the European Defence Fund (EDF) as important steps towards a common defence policy, and notes proposals by certain Member States for an EU Security Council and a European Intervention Initiative; recalls its call for the establishment of a permanent Council of Defence Ministers chaired by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), and underlines the importance of appropriate democratic accountability of decisions taken in this area and the need for reinforced cooperation between the European Parliament and national parliaments in this regard; |
| --- | --- |

42.

| 43. | Welcomes the strengthening of the European Civil Protection Mechanism and calls once again for the creation of a European Civil Protection Corps, given that the existing Treaties provide a good basis for this; |
| --- | --- |

43.

| 44. | Recalls the Union’s pending accession to the European Convention on Human Rights; and calls for the incorporation of the Euratom Treaty’s provisions in the TEU and the TFEU; |
| --- | --- |

44.

| 45. | Deplores the absence of an agreement among the Member States on the priorities and implementation of an EU-level comprehensive immigration policy, which would make it possible to organise and regulate migratory flows, control the EU’s external borders more effectively, cooperate with countries of origin and transit, and guarantee respect for the fundamental rights of migrants and asylum seekers, among other objectives; underlines that the obvious contradictions in interests exposed by Member States, as well as the discontent voiced by citizens, need to be overcome in order not to jeopardise the European integration project, which suffers as a direct result of an instrumentalisation of the migration issue by the Eurosceptic parties; |
| --- | --- |

45.

| 46. | Recalls its position on the revision of the Dublin system; underlines furthermore the importance of strengthening its partnership with Africa and takes note of the Commission communication of 12 September 2018 on ‘Enhancing legal pathways to Europe: an indispensable part of a balanced and comprehensive migration policy establishing legal channels for migration’ (COM(2018)0635); |
| --- | --- |

46.

| 47. | Stresses the importance of a common agricultural policy (CAP) supported by a well-funded budget; recalls the CAP’s central importance to the history of the Union; notes the fundamental role that it plays in ensuring vibrant rural regions and a secure supply of food; notes that the upcoming reform of the CAP is an opportunity to strengthen the delivery of its objectives; highlights that the CAP is one of the oldest policies, and must continue to be one of the most important and most integrated policies, and that it will continue to contribute to building Europe’s future through greater integration, preservation of the environment and food security and safety for the EU’s citizens; notes that agricultural and rural development policies have great potential in terms of providing public goods; stresses that European farming plays a vital role in feeding the planet and providing jobs for 46 million people; highlights the role played by the CAP in maintaining the state and quality of soil, water and other natural resources; stresses the crucial role of agriculture in the Union’s priorities to mitigate the effect of climate change and promote sustainable development; underlines the importance of a well-funded and reformed CAP to tackle the many challenges the Union will have to face in the future; underlines that the CAP is not simply about farming and farmers but is also about helping and developing the wider rural communities in which they operate; |
| --- | --- |

47.

| 48. | Stresses that the common commercial policy must remain a fundamental pillar of the Union’s external policy, given that it has direct implications for the lives of citizens, and that it must help the Union to adapt to its new role in a world of multiple leading players on the international stage; urges the Council, the Commission and the European External Action Service to cooperate in the following areas:






  a) | strengthening the common commercial policy by integrating it into the wider policy framework; taking the lead on the world’s trade policy at multilateral and bilateral level; |
| --- | --- | --- |

48.

a)

strengthening the common commercial policy by integrating it into the wider policy framework; taking the lead on the world’s trade policy at multilateral and bilateral level;

| b) | leading the defence of an open, rules-based, fair and sustainable development-oriented global trading system, ensuring that EU companies can operate globally within a framework of equal conditions, predictable rules, fair competition and defined obligations, which should include working constructively on a common Union position in the UN intergovernmental negotiations on liability for human rights violations and promoting corporate accountability and binding due diligence obligations with regard to supply and production chains; |
| --- | --- |

b)

leading the defence of an open, rules-based, fair and sustainable development-oriented global trading system, ensuring that EU companies can operate globally within a framework of equal conditions, predictable rules, fair competition and defined obligations, which should include working constructively on a common Union position in the UN intergovernmental negotiations on liability for human rights violations and promoting corporate accountability and binding due diligence obligations with regard to supply and production chains;

| c) | keeping Parliament fully and immediately informed about the negotiations and the Council’s mandate, and throughout the implementation of international agreements, with the aim of ensuring that it is able to exercise its powers and prerogatives; simplifying and shortening the negotiation processes and reinforcing Parliament’s scrutiny throughout; increasing transparency towards EU citizens by publishing the negotiating directives (mandates) for trade agreements before the start of the negotiations; fully respecting Treaty provisions and recent EU case-law that establish the common commercial policy as an exclusive competence of the Union; |
| --- | --- |

c)

keeping Parliament fully and immediately informed about the negotiations and the Council’s mandate, and throughout the implementation of international agreements, with the aim of ensuring that it is able to exercise its powers and prerogatives; simplifying and shortening the negotiation processes and reinforcing Parliament’s scrutiny throughout; increasing transparency towards EU citizens by publishing the negotiating directives (mandates) for trade agreements before the start of the negotiations; fully respecting Treaty provisions and recent EU case-law that establish the common commercial policy as an exclusive competence of the Union;

| d) | systematically including chapters on digital trade, SMEs, binding and enforceable trade and sustainable development in addition to gender-equality provisions in trade agreements and taking a lead on these topics in multilateral discussions; defending the data privacy of EU citizens; |
| --- | --- |

d)

systematically including chapters on digital trade, SMEs, binding and enforceable trade and sustainable development in addition to gender-equality provisions in trade agreements and taking a lead on these topics in multilateral discussions; defending the data privacy of EU citizens;

| e) | strengthening the coherence of the common commercial policy with the CFSP, European development policy and climate policy in order to guarantee the values and objectives set out in Article 3(5) of the TEU and Articles 21, 207 and 208 of the TFEU, with full adherence to the European Consensus on Development; |
| --- | --- |

e)

strengthening the coherence of the common commercial policy with the CFSP, European development policy and climate policy in order to guarantee the values and objectives set out in Article 3(5) of the TEU and Articles 21, 207 and 208 of the TFEU, with full adherence to the European Consensus on Development;

| 49. | Considers that the Union should continue to advance international trade while defending social, labour and environmental standards; warns against trade wars, which only produce losers and increase political and security tensions; |
| --- | --- |

49.

| 50. | Recalls that according to Article 17(7) of the TEU, ‘taking into account the elections to the European Parliament and after having held the appropriate consultations, the European Council, acting by a qualified majority, shall propose to the European Parliament a candidate for President of the Commission’; underlines its determination to continue with the Spitzenkandidaten process for the election of the next Commission President in line with the Lisbon Treaty, and welcomes the support of the Commission and certain Member States in this respect; stresses that in the process of the investiture of the President of the Commission, proper consultations with Parliament are of paramount importance, as, after the elections, it will determine the candidate which can be backed by a majority of its component Members and will transmit the result of its internal deliberations to the European Council; recalls that the candidate must have been designated as a Spitzenkandidat by one of the European political parties and must have campaigned for the post of President of the Commission in the run-up to the European elections; considers that this practice has amply proved its worth, strengthening the societal legitimacy of the European elections and the supranational role of the European Parliament as an exponent of European citizenship and European democracy; warns once again that Parliament will be ready to reject any candidate in the investiture procedure of the President of the Commission who was not appointed as a Spitzenkandidat in the run-up to the European elections; |
| --- | --- |

50.

| 51. | Regrets the frequent and widespread temptation to attribute unpopular decisions to ‘Brussels’ and to free national authorities of their responsibilities and politics, given that this unjust and opportunistic attitude damages Europe, promotes anti-European sentiments and nationalism and discredits the EU institutions; considers furthermore that false attributions are contrary to the imperative of accountability of governmental action; stresses that proper implementation and application of EU law is essential for delivering on Union policies and for fostering mutual trust between the Union, Member States and citizens and expresses concern at the actions of Member States that willingly fail to do so; |
| --- | --- |

51.

| 52. | Underlines the need for a stronger assessment of the social and environmental consequences of EU policies, by keeping in mind also the cost of non-legislation at European level (the so-called ‘cost of non Europe’); |
| --- | --- |

52.

| 53. | Underlines the need to give particular focus to EU administrative law, as indicated in its resolution of 9 June 2016 calling for an open, efficient and independent European Union administration (13); |
| --- | --- |

53.

| 54. | Underlines the need to strengthen the European public space as a supranational democratic space; stresses that the major challenges Europe is facing must be addressed and discussed from a European perspective and not from a national perspective only, and by giving full effect to the provisions enshrined in Articles 10 and 11 of the TEU; points out that, for this reason, European democracy needs to strengthen the transnational dimension of its objectives and challenges, while promoting a European citizenship based on the common values in the European Union and with more European institutional education and a deliberative, more participatory societal framework as well as a more European and less nationally focused campaign for the upcoming European elections in 2019; |
| --- | --- |

54.

| 55. | Welcomes the Union’s approach taken to the negotiations on the United Kingdom’s orderly withdrawal from the European Union, and underlines the remarkable unity displayed by the EU institutions and Member States; notes that experience in the negotiations has shown the enormous complexities of such decisions; |
| --- | --- |

55.

| 56. | Underlines once more that neither national sovereignty nor subsidiarity can justify or legitimise the systematic refusal on the part of a Member State to comply with the fundamental values of the European Union which inspired the introductory articles of the European Treaties, which every Member State has willingly endorsed and committed to respect; underlines furthermore that upholding these values is fundamental for the cohesion of the European project, the rights of all Europeans and the mutual trust needed among the Member States; asks the Commission once again to swiftly submit a proposal giving effect to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights; |
| --- | --- |

56.

| 57. | Recalls that, according to the Court of Justice (Joined Cases C-8/15 P to C-10/15 P (14)), the European institutions are bound to respect and uphold the provisions of the EU Charter of Fundamental Rights even when they act outside the EU legal framework; |
| --- | --- |

57.

| 58. | Reiterates that, in the context of the debate on the future of Europe, consideration must be given to the issue of how the Union budgetary system could be reformed to provide an adequate budget to guarantee the funding of planned policies, a better balance between predictability and responsiveness and how to ensure that overall funding arrangements are no more complex than necessary to achieve Union policy goals and ensure accountability; is of the opinion that the pre-conditionality of policies must be reinforced, where necessary and without jeopardising the functionality of programmes, so as to ensure effective sound financial management in the implementation of the Union’s spending; |
| --- | --- |

58.

| 59. | Stresses the importance of focusing in particular on more efficient use of funding and on democratic EU budget control mechanisms; calls for all the EU institutions to enhance their procedures and practices aimed at safeguarding the financial interests of the Union, and to actively contribute to a results-oriented discharge process; believes, in this context, that the discharge procedure is an indispensable instrument of democratic accountability towards the citizens of the Union and recalls the difficulties repeatedly encountered owing to a lack of cooperation on the part of the Council; insists that the Council must be accountable and transparent, as are the other institutions; stresses that there should be no exceptions to this; |
| --- | --- |

59.

| 60. | Draws attention to the phenomenon of corruption, which has significant financial consequences and poses a serious threat to democracy, the rule of law and public investment; points out the importance of safeguarding EU taxpayers’ money against fraud and other illegal activities affecting the financial interests of the Union; |
| --- | --- |

60.

| 61. | Reiterates that taking into account the present state of the integration project, the EU must exhaust every possible avenue to ensure the full implementation of the Lisbon Treaty; points out that a subsequent revision of the Treaties should be based on a Convention being convened — guaranteeing inclusiveness through its composition of representatives and providing a platform for reflection and engagement with stakeholders and citizens — with a view to discussing and drawing conclusions from the various contributions to the reflection process on the future of Europe by the institutions and other bodies of the Union and the proposals put forward by heads of state or government, national parliaments and civil society and in citizen consultations; |
| --- | --- |

61.

| 62. | Stresses that the process of reflecting on the future of Europe has already started on the basis of the various positions on EU reform taken by Parliament, the European Council and the Commission; regrets that, despite these positions, only marginal reforms have been envisaged; emphasises that, once the new Parliament and Commission are established they should capitalise on the work done in the previous legislature and start working on the proposals made; |
| --- | --- |

62.

| 63. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

63.

---

(1)  OJ C 215, 19.6.2018, p. 162.

(2)  OJ C 242, 10.7.2018, p. 24.

(3)  OJ C 252, 18.7.2018, p. 215.

(4)  OJ C 252, 18.7.2018, p. 201.

(5)  OJ C 252, 18.7.2018, p. 235.

(6)  OJ C 263, 25.7.2018, p. 125.

(7)  OJ C 345, 13.10.2017, p. 11.

(8)  OJ C 306, 15.9.2017, p. 1.

(9)  OJ L 45, 17.2.2018, p. 40.

(10)  Texts adopted, P8_TA(2018)0056.

(11)  Texts adopted, P8_TA(2018)0186.

(12)  OJ L 123, 12.5.2016, p. 1.

(13)  OJ C 86, 6.3.2018, p. 126.

(14)  Judgment of the Court (Grand Chamber) of 20 September 2016, Ledra Advertising Ltd and Others v European Commission and European Central Bank, ECLI:EU:C:2016:701.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/102 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/102

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P8_TA(2019)0111

Experiencing backlash in women’s rights and gender equality in the EU

European Parliament resolution of 13 February 2019 on experiencing a backlash in women’s rights and gender equality in the EU (2018/2684(RSP))

(2020/C 449/11)

The European Parliament,

| — | having regard to the question to the Commission on experiencing a backlash in women’s rights and gender equality in the EU (O-000135/2018 — B8-0005/2019), |
| --- | --- |

—

having regard to the question to the Commission on experiencing a backlash in women’s rights and gender equality in the EU (O-000135/2018 — B8-0005/2019),

| — | having regard to the motion for a resolution of the Committee on Women’s Rights and Gender Equality, |
| --- | --- |

—

having regard to the motion for a resolution of the Committee on Women’s Rights and Gender Equality,

| — | having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Articles 8 and 153 (on equality between men and women), 10 and 19 (on non-discrimination) and 6, 9 and 168 (on health) thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Articles 8 and 153 (on equality between men and women), 10 and 19 (on non-discrimination) and 6, 9 and 168 (on health) thereof,

| — | having regard to the Treaty on European Union, and in particular Articles 2 and 3 thereof, which lay down the principle of gender equality and non-discrimination as a core value of the Union, |
| --- | --- |

—

having regard to the Treaty on European Union, and in particular Articles 2 and 3 thereof, which lay down the principle of gender equality and non-discrimination as a core value of the Union,

| — | having regard to the Charter of Fundamental Rights, and in particular Articles 21 (on non-discrimination), 23 (on equality between women and men) and 35 (on healthcare) thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights, and in particular Articles 21 (on non-discrimination), 23 (on equality between women and men) and 35 (on healthcare) thereof,

| — | having regard to the Beijing Declaration and Platform for Action of September 1995 and to the International Conference on Population and Development of September 1994 (Cairo Conference) and its Programme of Action, as well as to the outcomes of the respective review conferences, |
| --- | --- |

—

having regard to the Beijing Declaration and Platform for Action of September 1995 and to the International Conference on Population and Development of September 1994 (Cairo Conference) and its Programme of Action, as well as to the outcomes of the respective review conferences,

| — | having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), |
| --- | --- |

—

having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR),

| — | having regard to the UN Convention on the Elimination of Discrimination against Women (CEDAW), |
| --- | --- |

—

having regard to the UN Convention on the Elimination of Discrimination against Women (CEDAW),

| — | having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), |
| --- | --- |

—

having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),

| — | having regard to the conclusions of the 2017 Annual Colloquium on Fundamental Rights, ‘Women’s rights in Turbulent Times’, organised by the Commission, |
| --- | --- |

—

having regard to the conclusions of the 2017 Annual Colloquium on Fundamental Rights, ‘Women’s rights in Turbulent Times’, organised by the Commission,

| — | having regard to Rules 128(5) and 123(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 128(5) and 123(2) of its Rules of Procedure,

| A. | whereas a backlash can be defined as resistance to progressive social change, regression on acquired rights or maintenance of a non-egalitarian status quo, and whereas the backlash against women’s rights and gender equality is particularly worrying; whereas such resistance can be exercised regardless of one’s social background or age, can be of both a formal or informal nature, and can involve passive or active strategies to counter further progress by trying to change laws or policies which would ultimately limit citizens’ acquired rights; whereas this has been accompanied by the dissemination of fake news and harmful stereotypical beliefs; |
| --- | --- |

A.

whereas a backlash can be defined as resistance to progressive social change, regression on acquired rights or maintenance of a non-egalitarian status quo, and whereas the backlash against women’s rights and gender equality is particularly worrying; whereas such resistance can be exercised regardless of one’s social background or age, can be of both a formal or informal nature, and can involve passive or active strategies to counter further progress by trying to change laws or policies which would ultimately limit citizens’ acquired rights; whereas this has been accompanied by the dissemination of fake news and harmful stereotypical beliefs;

| B. | whereas women’s rights are human rights; |
| --- | --- |

B.

whereas women’s rights are human rights;

| C. | whereas the level of gender equality is often indicative and serves as a first warning of the deteriorating situation of fundamental rights and values, including democracy and rule of law, in a given society; whereas efforts to restrict or undermine women’s rights are frequently a sign of broader societal conflict; |
| --- | --- |

C.

whereas the level of gender equality is often indicative and serves as a first warning of the deteriorating situation of fundamental rights and values, including democracy and rule of law, in a given society; whereas efforts to restrict or undermine women’s rights are frequently a sign of broader societal conflict;

| D. | whereas all Member States have assumed obligations and duties under international law and the EU Treaties to respect, guarantee, protect and fulfil fundamental rights and the rights of women; |
| --- | --- |

D.

whereas all Member States have assumed obligations and duties under international law and the EU Treaties to respect, guarantee, protect and fulfil fundamental rights and the rights of women;

| E. | whereas equality between men and women is a fundamental value of the EU; whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in the Treaties which should be applied in legislation, practice, case-law and everyday life; |
| --- | --- |

E.

whereas equality between men and women is a fundamental value of the EU; whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in the Treaties which should be applied in legislation, practice, case-law and everyday life;

| F. | whereas Article 8 TFEU states that: ‘In all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women.’; whereas the primary responsibility for the task of eliminating these inequalities rests with the Member States; |
| --- | --- |

F.

whereas Article 8 TFEU states that: ‘In all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women.’; whereas the primary responsibility for the task of eliminating these inequalities rests with the Member States;

| G. | whereas the Gender Equality Index shows persistent inequalities with only marginal progress from 2005 to 2015; whereas significant improvements are still needed in all Member States in order to create gender-equal societies in which women and men are equally represented, respected and secure in all areas of life and work; whereas everybody benefits from the effects of gender equality policies, which have a positive impact on the whole of society; whereas if we stop making progress on women’s rights issues, we will go backwards; |
| --- | --- |

G.

whereas the Gender Equality Index shows persistent inequalities with only marginal progress from 2005 to 2015; whereas significant improvements are still needed in all Member States in order to create gender-equal societies in which women and men are equally represented, respected and secure in all areas of life and work; whereas everybody benefits from the effects of gender equality policies, which have a positive impact on the whole of society; whereas if we stop making progress on women’s rights issues, we will go backwards;

| H. | whereas the development of equality policies should be based on access to equal opportunities for women and men, while at the same time supporting women and men in reconciling their work and family lives; |
| --- | --- |

H.

whereas the development of equality policies should be based on access to equal opportunities for women and men, while at the same time supporting women and men in reconciling their work and family lives;

| I. | whereas progress in gender equality and in advancing women’s rights is not automatic or linear; whereas protecting and advancing gender equality requires constant efforts; |
| --- | --- |

I.

whereas progress in gender equality and in advancing women’s rights is not automatic or linear; whereas protecting and advancing gender equality requires constant efforts;

| J. | whereas discrimination against women can take many forms, including structural, workplace and economic discrimination, which can be hidden and silent because it is so ubiquitous; |
| --- | --- |

J.

whereas discrimination against women can take many forms, including structural, workplace and economic discrimination, which can be hidden and silent because it is so ubiquitous;

| K. | whereas the present decade is witnessing a visible and organised offensive at global and European level against gender equality and women’s rights, including in the EU and particularly manifested in a number of Member States; |
| --- | --- |

K.

whereas the present decade is witnessing a visible and organised offensive at global and European level against gender equality and women’s rights, including in the EU and particularly manifested in a number of Member States;

| L. | whereas this backlash can also be seen at EU level and the fact that at the beginning of the present parliamentary term the Commission decided not to pursue the gender equality strategy it had hitherto been implementing continues to be a matter of regret; |
| --- | --- |

L.

whereas this backlash can also be seen at EU level and the fact that at the beginning of the present parliamentary term the Commission decided not to pursue the gender equality strategy it had hitherto been implementing continues to be a matter of regret;

| M. | whereas the main targets of this backlash against women’s rights and gender equality appear to be common across countries and include key areas of the institutional and policy framework for gender equality and women’s rights, such as gender mainstreaming, social and labour protection, education, sexual and reproductive health and rights, preventing and combating violence against women and gender-based violence, LGBTI+ rights, the presence of women in political decision-making positions and working space, and adequate funding for women’s and other human rights organisations and movements; whereas some anti-human rights campaigners and organisations aim through their strategies to overturn existing laws on basic human rights related to: sexuality and reproduction, including the right to access modern forms of contraception, assisted reproduction technologies or safe abortion; equality for lesbian, gay, bisexual, trans or intersex (LGBTI+) persons; access to stem-cell research; and the right to change one’s gender or sex without fear of legal repercussions; |
| --- | --- |

M.

whereas the main targets of this backlash against women’s rights and gender equality appear to be common across countries and include key areas of the institutional and policy framework for gender equality and women’s rights, such as gender mainstreaming, social and labour protection, education, sexual and reproductive health and rights, preventing and combating violence against women and gender-based violence, LGBTI+ rights, the presence of women in political decision-making positions and working space, and adequate funding for women’s and other human rights organisations and movements; whereas some anti-human rights campaigners and organisations aim through their strategies to overturn existing laws on basic human rights related to: sexuality and reproduction, including the right to access modern forms of contraception, assisted reproduction technologies or safe abortion; equality for lesbian, gay, bisexual, trans or intersex (LGBTI+) persons; access to stem-cell research; and the right to change one’s gender or sex without fear of legal repercussions;

| N. | whereas women are particularly affected by precarious work and various forms of atypical work; whereas unemployment rates soared in the period 2008-2014 owing to the profound economic crisis that raged across the EU, and in 2014 the female unemployment rate (10,4 %) was still higher than the rate for men (10,2 %); whereas the economic crisis has impacted on the entire European Union, with rural areas especially experiencing devastating levels of unemployment, poverty and depopulation, which affect women in particular; |
| --- | --- |

N.

whereas women are particularly affected by precarious work and various forms of atypical work; whereas unemployment rates soared in the period 2008-2014 owing to the profound economic crisis that raged across the EU, and in 2014 the female unemployment rate (10,4 %) was still higher than the rate for men (10,2 %); whereas the economic crisis has impacted on the entire European Union, with rural areas especially experiencing devastating levels of unemployment, poverty and depopulation, which affect women in particular;

| O. | whereas women’s organisations, groups and women’s rights defenders have acted as catalysts of and leaders in legislative and policy developments in the past decade in the progression and implementation of women’s rights; whereas they are experiencing significant challenges in accessing funding due to restrictive criteria and administrative burdens, as well as an increasingly hostile environment which no longer enables them to carry out their public interest missions effectively; |
| --- | --- |

O.

whereas women’s organisations, groups and women’s rights defenders have acted as catalysts of and leaders in legislative and policy developments in the past decade in the progression and implementation of women’s rights; whereas they are experiencing significant challenges in accessing funding due to restrictive criteria and administrative burdens, as well as an increasingly hostile environment which no longer enables them to carry out their public interest missions effectively;

| P. | whereas many Member States have still neither ratified nor transposed the Istanbul Convention, and whereas there are state restrictions on access to sexual and reproductive rights in the European Union; |
| --- | --- |

P.

whereas many Member States have still neither ratified nor transposed the Istanbul Convention, and whereas there are state restrictions on access to sexual and reproductive rights in the European Union;

| Q. | whereas in the first half of 2018 a backlash against the Istanbul Convention occurred in several Member States, opening up space for hate speech and especially targeting LGBTI+ people; whereas this reaction has never been opposed in the Council or the European Council; |
| --- | --- |

Q.

whereas in the first half of 2018 a backlash against the Istanbul Convention occurred in several Member States, opening up space for hate speech and especially targeting LGBTI+ people; whereas this reaction has never been opposed in the Council or the European Council;

| R. | whereas in 2017 the Council of Europe warned that women’s sexual and reproductive rights were under threat as several of its members sought to restrict legislation on access to abortion and contraception; whereas in a similar vein, the UN Committee on the Elimination of Discrimination against Women (CEDAW) and the Committee on the Rights of Persons with Disabilities (CRPD) issued a joint statement in August 2018 emphasising that access to safe and legal abortion, as well as to related services and information, are essential aspects of women’s reproductive health, while urging countries to stop regressing on the sexual and reproductive rights of women and girls, since this threatens their health and lives; whereas Parliament has recognised that denying guaranteed, legal access to abortion constitutes violence against women; |
| --- | --- |

R.

whereas in 2017 the Council of Europe warned that women’s sexual and reproductive rights were under threat as several of its members sought to restrict legislation on access to abortion and contraception; whereas in a similar vein, the UN Committee on the Elimination of Discrimination against Women (CEDAW) and the Committee on the Rights of Persons with Disabilities (CRPD) issued a joint statement in August 2018 emphasising that access to safe and legal abortion, as well as to related services and information, are essential aspects of women’s reproductive health, while urging countries to stop regressing on the sexual and reproductive rights of women and girls, since this threatens their health and lives; whereas Parliament has recognised that denying guaranteed, legal access to abortion constitutes violence against women;

| S. | whereas in some Member States, organisations actively opposed to sexual and reproductive rights for women receive the full support of governments in the form of public funding, which enables them to organise coordinated activities at international and European level; |
| --- | --- |

S.

whereas in some Member States, organisations actively opposed to sexual and reproductive rights for women receive the full support of governments in the form of public funding, which enables them to organise coordinated activities at international and European level;

| T. | whereas relationship, sexuality and gender equality education which complies with the World Health Organisation’s Standards for Sexuality Education and its Action Plan on Sexual and Reproductive Health is not provided in all Member States, which amounts to falling short of international guidelines; is alarmed by the growing resistance to such education and the stigmatisation of those partaking in it on the part of certain political movements, the resistance often being due to disinformation campaigns on the content of sex education in many Member States which stand in the way of the provision of such informative, important and inclusive education for everyone; |
| --- | --- |

T.

whereas relationship, sexuality and gender equality education which complies with the World Health Organisation’s Standards for Sexuality Education and its Action Plan on Sexual and Reproductive Health is not provided in all Member States, which amounts to falling short of international guidelines; is alarmed by the growing resistance to such education and the stigmatisation of those partaking in it on the part of certain political movements, the resistance often being due to disinformation campaigns on the content of sex education in many Member States which stand in the way of the provision of such informative, important and inclusive education for everyone;

| U. | whereas centuries-old, patriarchal structures throughout the world serve to suppress women and women’s rights and perpetuate inequality between genders; whereas overcoming these structures will involve conflict with various positions and mechanisms of power worldwide; |
| --- | --- |

U.

whereas centuries-old, patriarchal structures throughout the world serve to suppress women and women’s rights and perpetuate inequality between genders; whereas overcoming these structures will involve conflict with various positions and mechanisms of power worldwide;

| V. | whereas advancing gender equality and investing in women pays off for the whole of society, since women who have the economic resources and leadership opportunities will invest in the health, nutrition, education, and wellbeing of their children and families; |
| --- | --- |

V.

whereas advancing gender equality and investing in women pays off for the whole of society, since women who have the economic resources and leadership opportunities will invest in the health, nutrition, education, and wellbeing of their children and families;

| 1. | Urges the Commission and the Member States to remain strongly committed to and prioritise gender equality, women’s rights and LGBTI+ rights, including the rights of the most vulnerable minorities; reminds all Member States of their obligations to uphold women’s rights and promote gender equality; calls for the extensive denunciation of those discourses and measures undermining women’s rights, autonomy and emancipation in every field; notes that an important way to combat the backlash is by proactively advancing rights-based gender equality and mainstreaming gender overall; |
| --- | --- |

1.

| 2. | Notes that the nature, intensity and effects of the backlash against women’s rights have varied among countries and regions, in some cases remaining at the level of rhetoric while in others it has been concretised into measures and initiatives; whereas, nevertheless, it is noticeable in nearly all the Member States; takes the view that the backlash is also shaped by debate and policy options; |
| --- | --- |

2.

| 3. | Notes that women’s independence through social and economic emancipation requires policies targeting the workplace, helping to combat major inequalities and discrimination at work and ensure better pay and greater regulation of work and working time, accompanied by measures to counter and prohibit all forms of precarious employment and defend the right to collective bargaining; |
| --- | --- |

3.

| 4. | Notes that the most vulnerable to backlash are women in minority groups, including gender and sexual, ethnic and religious minorities; |
| --- | --- |

4.

| 5. | Emphasises that gender equality cannot be achieved if not all women achieve equal rights, including women from religious and ethnic minority groups who face intersectional inequalities; |
| --- | --- |

5.

| 6. | Condemns the reinterpretation and refocusing of gender equality policy in terms of family and motherhood policy which is happening in some Member States; notes that this applies only to certain groups and does not amount to an inclusive approach; notes further that this policy does not aim for a sustainable structural change which would result in sustainable improvements to women’s rights and gender equality; |
| --- | --- |

6.

| 7. | Calls on the Member States to ensure that women’s rights and LGBTI+ rights are protected and recognised as equality principles in the framework of democracy and the rule of law; considers nevertheless that enshrining women’s rights in law is not sufficient to achieve gender equality and that it cannot be achieved unless Member States transpose, adopt and finally implement and enforce the laws concerned in order to fully protect women’s rights; regrets that women’s rights are not dealt with holistically as a driving principle of all national and European public policies, accompanied by the corresponding budget; considers that prevention of backlash through education is key to invest in; calls on the Commission and the Member States to strengthen public awareness of the importance and benefits of safeguarding women’s rights and gender equality and eliminating gender stereotypes for society, and to further support the development and dissemination of evidence-based research and information in the area of women’s rights; |
| --- | --- |

7.

| 8. | Calls on all Member States to commit to and abide by the international treaties and conventions concerned, as well as the principles enshrined in their fundamental laws, as a means to ensure respect for and enhance minority and women’s rights, including sexual and reproductive health rights and gender equality in general; |
| --- | --- |

8.

| 9. | Emphasises that the preventing and combating of all forms of violence against women, including traditional harmful practices and gender-based violence, continue to face numerous challenges; is concerned about the different forms of violence that have intensified, such as sexist and LGBTI-phobic hate speech, misogyny and online violence, including harassment and stalking, as well as violence towards women in the workplace or in the context of trafficking and prostitution; recalls the need to implement preventive and protective measures for women and girls in the face of gender-based violence and to bring the perpetrators to justice, while ensuring that women’s shelters are adequately funded, staffed and supported; recalls the key importance of the implementation of the victims’ rights directive, the European protection order directive and the anti-trafficking directive; underlines the need to tackle the lack of comparable data in order to properly inform policy developers about these new developments; calls for public awareness campaigns on combating gender-based and domestic violence to continue being initiated at EU and Member State level; |
| --- | --- |

9.

| 10. | Calls on its Members to demonstrate a no-tolerance policy towards sexist hate speech during plenary sessions by amending the Rules of Procedure to include a ban on such speech; |
| --- | --- |

10.

| 11. | Repeats the call for the implementation in the European Parliament of the most effective measures possible to combat sexual harassment in order to achieve real gender equality; calls for the implementation of an external audit to highlight the best operating rules in order to introduce compulsory training in ‘Respect and dignity at work’ for all Parliament’s staff, including Members, and for the reconstitution of the two committees responsible for dealing with harassment so that they comprise independent experts and respect equality; |
| --- | --- |

11.

| 12. | Considers working with men an important part of advancing equality between men and women and eliminating violence against women; |
| --- | --- |

12.

| 13. | Condemns the campaign against the Istanbul Convention that targets violence against women and its misinterpretation; is worried about the rejection of the zero-tolerance norm for violence against women and gender-based violence, for which there is a strong international consensus; indicates that the very essence of the principles of human rights, equality, autonomy and dignity is being questioned; calls on the Council to conclude the EU’s ratification and full implementation of the Istanbul Convention and to advocate its ratification by all the Member States; |
| --- | --- |

13.

| 14. | Notes that domestic violence is considered the most widespread form of violence in some Member States, and expresses concern over the increasing number of women who experience domestic violence; |
| --- | --- |

14.

| 15. | Expresses its abhorrence at the increase in violence against women, as brutally reflected in the alarming number of homicides; |
| --- | --- |

15.

| 16. | Notes that victims of gender-based violence, including domestic violence, often have limited access to justice and proper protection, despite the legislation on combating all forms of violence, and that the laws are poorly implemented and enforced; calls on the Member States to ensure that all victims of gender-based and domestic violence receive gender-sensitive legal assistance in order to avoid revictimisation and impunity and to improve the reporting incidence of such crimes; |
| --- | --- |

16.

| 17. | Points out the worrying tendency of shrinking space for civil society in the world and also in Europe and of increasing criminalisation, bureaucratisation and funds restrictions for fundamental rights organisations, including women’s rights organisations and activists; |
| --- | --- |

17.

| 18. | Expresses its strong support for and solidarity with the widespread initiatives, including grassroots initiatives, demanding gender equality promoted by women’s organisations and movements; underlines the need for continuous financial support to ensure that their work can continue; calls, therefore, for an increase in funding from the Member States and the EU for the financial instruments available to these organisations; insists that access to these funds must involve less bureaucracy and should not be discriminatory with regard to the objectives and activities of the organisations; |
| --- | --- |

18.

| 19. | Is therefore concerned at the news of a reduction in the resources available to women’s rights organisations and women’s shelters in many Member States; |
| --- | --- |

19.

| 20. | Calls on the Member States to provide sufficient financial resources to implement instruments to combat all forms of violence, and particularly violence against women; |
| --- | --- |

20.

| 21. | Points to the tendency in some Member States to establish a parallel NGO landscape consisting of pro-government individuals and organisations; underlines the importance of a critical, diverse NGO landscape for women’s rights and gender equality and for the development of society as a whole; |
| --- | --- |

21.

| 22. | Calls on the Commission and the Member States to review their mechanisms for the distribution, monitoring and evaluation of funding and to ensure that they are gender- sensitive and adapted to the problems that specific organisations and movements, especially small- and medium-sized ones, face at the time of backlash, and to apply such tools as gender impact assessments and gender budgeting where relevant; calls on the Commission and the Member States to increase funding for the protection and promotion of women’s rights and gender equality, including for sexual and reproductive health and rights, in the EU and in the world; |
| --- | --- |

22.

| 23. | Calls on the Commission to provide direct and significant financial support to women’s organisations in those countries experiencing a systemic defunding and attacks by civil society organisations, in order to ensure the continuity of interrupted services protecting and supporting women and their rights, and to conduct an overview of funding to ensure that Member States’ dispersal of EU funding supports organisations whose activities and services are non-discriminatory, inclusive and survivor-centred and do not perpetuate gender stereotypes, traditional gender roles, or intolerance; |
| --- | --- |

23.

| 24. | Considers prostitution to be a serious form of violence and exploitation; |
| --- | --- |

24.

| 25. | Calls on the Commission to encourage an assessment to be made of the current situation regarding prostitution in the EU, whose network of traffickers benefits from the single market, and to allocate financial resources to programmes enabling victims of human trafficking and exploitation to escape prostitution; |
| --- | --- |

25.

| 26. | Calls on the Commission to include the promotion and improvement of sexual and reproductive health and rights in the next Public Health Strategy; |
| --- | --- |

26.

| 27. | Calls on the Member States to end and reverse cutbacks that apply to gender equality programming, public services and, in particular, the provision of sexual and reproductive healthcare; |
| --- | --- |

27.

| 28. | Regrets that in some Member States the length of maternity leave is determined by the economic sphere, without taking into account social and health factors that affect both women and children; recalls that safeguarding maternity, paternity and parental rights goes hand-in-hand with protecting labour rights and job security; |
| --- | --- |

28.

| 29. | Recalls that ensuring gender equality and addressing the gender pay gap and gender pension gap have significant social and economic benefits for families and societies; |
| --- | --- |

29.

| 30. | Calls for targeted initiatives for women’s economic empowerment and to address gender segregation and women’s access to labour markets, particularly in the fields of women’s entrepreneurship, digitalisation and STEM, so as to combat the gender digital divide; |
| --- | --- |

30.

| 31. | Stresses the need to empower and enable women to participate in decision-making and leadership in order to challenge negative stereotypes; |
| --- | --- |

31.

| 32. | Calls for real action to be taken to close the gender pay gap, which has a negative impact on women’s social and economic position; stresses that the safeguarding and active implementation of collective bargaining, the promotion of wages, the prohibition of all forms of precarious work and the regulation of labour rights are crucial steps in closing the gender pay gap; |
| --- | --- |

32.

| 33. | Stresses that gender-disaggregated data collection needs to be further improved in areas such as informal employment, entrepreneurship and access to financing, access to healthcare services, violence against women, and unpaid work; emphasises the need to collect and make use of quality data and evidence for informed and evidence-based policymaking; |
| --- | --- |

33.

| 34. | Regrets that gender budgeting has not been recognised as a horizontal principle in the Multiannual Financial Framework regulation for 2021- 2027, and calls on the Council to amend that regulation as a matter of urgency, thus reaffirming its commitment to gender equality; calls on the Commission and the Member States to implement gender-responsive approaches to budgeting in a way that explicitly tracks what proportion of public funds are targeted on women, and to fight against the gender backlash by ensuring that all policies for mobilising resources and allocating expenditure promote gender equality; |
| --- | --- |

34.

| 35. | Notes that gender mainstreaming is part of an overall strategy on gender equality, and stresses, therefore, that the commitment of EU institutions in this area is fundamental; regrets in this context that no EU gender equality strategy for 2016-2020 was adopted, with the Strategic Engagement for Gender Equality downgraded to a staff working document; reaffirms its call on the Commission to adopt an EU Strategy for Women’s Rights and Gender Equality; |
| --- | --- |

35.

| 36. | Urges the Council to unblock the directive on gender balance among non-executive directors of companies listed on stock exchanges (the so-called women on boards directive), in order to address the considerable imbalance between women and men in economic decision-making at the highest level; |
| --- | --- |

36.

| 37. | Urges the Council to unblock the directive on implementing the principle of equal treatment outside the labour market, irrespective of age, disability, sexual orientation or religious belief, which aims at extending protection against discrimination through a horizontal approach; |
| --- | --- |

37.

| 38. | Reiterates its call on the Commission to revise the recast 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), and urges an adequate legislative follow-up based on the 2014 Commission recommendation on pay transparency, with a view to eliminating the persisting gender pay gap; |
| --- | --- |

38.

| 39. | Deplores the fact that work on the maternity leave directive has been suspended; |
| --- | --- |

39.

| 40. | Calls on the Commission to develop a coherent and comprehensive roadmap for the achievement of gender equality and the protection of equal rights for women, including the elimination of all forms of violence against women; |
| --- | --- |

40.

| 41. | Calls on the Commission to closely monitor the promotion and status of gender equality in the most affected Member States, with special regard to the institutional, policy and legislative framework; |
| --- | --- |

41.

| 42. | Expresses concern that the opponents of reproductive rights and women’s autonomy have had a significant influence on national law and policy, in particular in some Member States, seeking to undermine women’s health and reproductive rights, particularly with regard to access to family planning and contraception as well as attempts to restrict or end the right to voluntary termination of pregnancy; reiterates the need to adopt policies for the protection of motherhood and parenthood, guaranteeing robust workplace and welfare support, along with policies providing family support infrastructures, preschool facilities and home care for the sick or elderly; |
| --- | --- |

42.

| 43. | Is critical of the misuse of feminism and of the fight for women’s rights for incitement to racism; |
| --- | --- |

43.

| 44. | Recommends that Member States ensure that sexuality and relationships education is provided to all young people; believes that broader educational strategies are a key tool to prevent all forms of violence, particularly gender-based violence, especially in adolescence; |
| --- | --- |

44.

| 45. | Instructs its President to forward this resolution to the Commission and the Council. |
| --- | --- |

45.

---

(1)  OJ L 204, 26.7.2006, p. 23.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/109 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/109

---

P8_TA(2019)0112

Policy challenges and strategies against women's cancers and related comorbidities

European Parliament resolution of 13 February 2019 on policy challenges and strategies against women’s cancers and related comorbidities (2018/2782(RSP))

(2020/C 449/12)

The European Parliament,

| — | having regard to Article 2 of the Treaty on European Union and Articles 8, 9, 10 and 19 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 2 of the Treaty on European Union and Articles 8, 9, 10 and 19 of the Treaty on the Functioning of the European Union,

| — | having regard to Article 35 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Article 35 of the Charter of Fundamental Rights of the European Union,

| — | having regard to the Charter Against Cancer adopted on 4 February 2000 in Paris during the first World Summit against Cancer (1), |
| --- | --- |

—

having regard to the Charter Against Cancer adopted on 4 February 2000 in Paris during the first World Summit against Cancer (1),

| — | having regard to the Council Recommendation of 2 December 2003 on cancer screening (2), |
| --- | --- |

—

having regard to the Council Recommendation of 2 December 2003 on cancer screening (2),

| — | having regard to the Commission communication of 24 June 2009 on Action Against Cancer: European Partnership (COM(2009)0291), |
| --- | --- |

—

having regard to the Commission communication of 24 June 2009 on Action Against Cancer: European Partnership (COM(2009)0291),

| — | having regard to the Commission’s report of 23 September 2014 on the implementation of its communication from 24 June 2009 on Action Against Cancer: European Partnership and to its second implementation report therewith on the Council Recommendation of 2 December 2003 on cancer screening (2003/878/EC) (COM(2014)0584), |
| --- | --- |

—

having regard to the Commission’s report of 23 September 2014 on the implementation of its communication from 24 June 2009 on Action Against Cancer: European Partnership and to its second implementation report therewith on the Council Recommendation of 2 December 2003 on cancer screening (2003/878/EC) (COM(2014)0584),

| — | having regard to its resolution of 5 June 2003 on breast cancer in the European Union (3), |
| --- | --- |

—

having regard to its resolution of 5 June 2003 on breast cancer in the European Union (3),

| — | having regard to its resolution of 25 October 2006 on breast cancer in the enlarged European Union (4), |
| --- | --- |

—

having regard to its resolution of 25 October 2006 on breast cancer in the enlarged European Union (4),

| — | having regard to its resolution of 10 April 2008 on combating cancer in the enlarged European Union (5), |
| --- | --- |

—

having regard to its resolution of 10 April 2008 on combating cancer in the enlarged European Union (5),

| — | having regard to its resolution of 6 May 2010 on the Commission communication on Action Against Cancer: European Partnership (6), |
| --- | --- |

—

having regard to its resolution of 6 May 2010 on the Commission communication on Action Against Cancer: European Partnership (6),

| — | having regard to its resolution of 11 December 2012 on prevention of age-related diseases of women (7), |
| --- | --- |

—

having regard to its resolution of 11 December 2012 on prevention of age-related diseases of women (7),

| — | having regard to its resolution of 14 February 2017 on promoting gender equality in mental health and clinical research (8), |
| --- | --- |

—

having regard to its resolution of 14 February 2017 on promoting gender equality in mental health and clinical research (8),

| — | having regard to Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (9), |
| --- | --- |

—

having regard to Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (9),

| — | having regard to the CanCon Cancer Control Joint Action publication from 2017 entitled ‘European Guide on Quality Improvement in Comprehensive Cancer Control’, |
| --- | --- |

—

having regard to the CanCon Cancer Control Joint Action publication from 2017 entitled ‘European Guide on Quality Improvement in Comprehensive Cancer Control’,

| — | having regard to the European Commission Joint Research Centre publication from 2017 entitled ‘Report of a European Survey on the Implementation of Breast Units: ECIBC-supporting information for breast cancer care policies and initiatives’, |
| --- | --- |

—

having regard to the European Commission Joint Research Centre publication from 2017 entitled ‘Report of a European Survey on the Implementation of Breast Units: ECIBC-supporting information for breast cancer care policies and initiatives’,

| — | having regard to its resolution of 14 June 2012 on defective silicone gel breast implants made by French company PIP (10), |
| --- | --- |

—

having regard to its resolution of 14 June 2012 on defective silicone gel breast implants made by French company PIP (10),

| — | having regard to the opinion of the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) on ‘the safety of Poly Implant Prothèse (PIP) silicone breast implants’ published on 1 February 2012 (11), |
| --- | --- |

—

having regard to the opinion of the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) on ‘the safety of Poly Implant Prothèse (PIP) silicone breast implants’ published on 1 February 2012 (11),

| — | having regard to its resolution of 13 June 2001 on the petitions declared admissible concerning silicone implants (Petitions No 0470/1998 and 0771/1998) (12), and in particular to its recently received petition 0663/2018 on mammary prosthetics and effects on the health of women, |
| --- | --- |

—

having regard to its resolution of 13 June 2001 on the petitions declared admissible concerning silicone implants (Petitions No 0470/1998 and 0771/1998) (12), and in particular to its recently received petition 0663/2018 on mammary prosthetics and effects on the health of women,

| — | having regard to the question to the Commission on policy challenges and strategies against women’s cancers and related comorbidities (O-000134/2018 — B8-0006/2019), |
| --- | --- |

—

having regard to the question to the Commission on policy challenges and strategies against women’s cancers and related comorbidities (O-000134/2018 — B8-0006/2019),

| — | having regard to the motion for a resolution of the Committee on Women’s Rights and Gender Equality, |
| --- | --- |

—

having regard to the motion for a resolution of the Committee on Women’s Rights and Gender Equality,

| — | having regard to Rules 128(5) and 123(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 128(5) and 123(2) of its Rules of Procedure,

| A. | whereas the Charter of Fundamental Rights of the European Union recognises the right for persons to access preventive health care and the right to benefit from medical treatment; |
| --- | --- |

A.

whereas the Charter of Fundamental Rights of the European Union recognises the right for persons to access preventive health care and the right to benefit from medical treatment;

| B. | whereas one in three Europeans develops cancer during his or her lifetime and every year around 1,3 million people die of cancer in the EU, which amounts to approximately 26 % of all deaths (13); |
| --- | --- |

B.

whereas one in three Europeans develops cancer during his or her lifetime and every year around 1,3 million people die of cancer in the EU, which amounts to approximately 26 % of all deaths (13);

| C. | whereas lung cancer is the main source of mortality due to cancer in the EU, followed by colorectal cancer and breast cancer; |
| --- | --- |

C.

whereas lung cancer is the main source of mortality due to cancer in the EU, followed by colorectal cancer and breast cancer;

| D. | whereas cancer and other related comorbidities hit both women and men, but with the types of cancer specific to each sex and approaches to diagnostics and prevention differing for women and men, there is a need for a targeted policy; |
| --- | --- |

D.

whereas cancer and other related comorbidities hit both women and men, but with the types of cancer specific to each sex and approaches to diagnostics and prevention differing for women and men, there is a need for a targeted policy;

| E. | whereas the main forms of cancer affecting women are breast, uterine and cervical cancers; whereas breast cancer is the most common cancer that has fatal consequences among the female population, not only within the EU (16 %), but also globally; |
| --- | --- |

E.

whereas the main forms of cancer affecting women are breast, uterine and cervical cancers; whereas breast cancer is the most common cancer that has fatal consequences among the female population, not only within the EU (16 %), but also globally;

| F. | whereas data show that women who work night shifts face a 30 % greater risk of developing breast cancer; |
| --- | --- |

F.

whereas data show that women who work night shifts face a 30 % greater risk of developing breast cancer;

| G. | whereas data show that up to half of all cancer deaths could be prevented (14) if the cancer is detected on time and adequately treated; |
| --- | --- |

G.

whereas data show that up to half of all cancer deaths could be prevented (14) if the cancer is detected on time and adequately treated;

| H. | whereas the survival rate of patients affected by breast cancer can reach 80 % in cases of early diagnosis and timely treatment; |
| --- | --- |

H.

whereas the survival rate of patients affected by breast cancer can reach 80 % in cases of early diagnosis and timely treatment;

| I. | whereas women affected by cancer also often have to confront serious and frequently underestimated psychological problems, especially in cases where a mastectomy or a hysterectomy is performed; |
| --- | --- |

I.

whereas women affected by cancer also often have to confront serious and frequently underestimated psychological problems, especially in cases where a mastectomy or a hysterectomy is performed;

| J. | whereas cancer can have negative fertility and physical consequences for women, such as pain, lymphedema, etc.; |
| --- | --- |

J.

whereas cancer can have negative fertility and physical consequences for women, such as pain, lymphedema, etc.;

| K. | whereas cancer negatively affects women’s personal, social and professional lives and deals a heavy blow to their self-esteem and self-acceptance; |
| --- | --- |

K.

whereas cancer negatively affects women’s personal, social and professional lives and deals a heavy blow to their self-esteem and self-acceptance;

| L. | whereas special attention should be paid to women and men suffering from cancer and related comorbidities who face specific challenges with regard to their illness and to their family responsibilities of having to provide care for a child, an older person or a person with a disability; |
| --- | --- |

L.

whereas special attention should be paid to women and men suffering from cancer and related comorbidities who face specific challenges with regard to their illness and to their family responsibilities of having to provide care for a child, an older person or a person with a disability;

| M. | whereas every woman and man suffering from cancer and related comorbidities must have equal access to screening, treatment, and affordable and high-quality post-therapy support; |
| --- | --- |

M.

whereas every woman and man suffering from cancer and related comorbidities must have equal access to screening, treatment, and affordable and high-quality post-therapy support;

| N. | whereas early detection of cancer through medical check-ups can save the lives of those affected; whereas it is therefore of the utmost importance to improve access to preventive measures available through medical check-ups; |
| --- | --- |

N.

whereas early detection of cancer through medical check-ups can save the lives of those affected; whereas it is therefore of the utmost importance to improve access to preventive measures available through medical check-ups;

| O. | whereas even today the EU continues to be characterised by many significant disparities both within and between Member States: in private and public settings, in rural and urban areas, in regions and cities, and even in hospitals in the same city, when it comes to the quality of the treatment provided; whereas Member States have vastly different health systems and varying standards; whereas there is a serious gap in incidence and mortality between Central and Eastern Europe and the European average; whereas responsibility for the organisation of healthcare systems and provisions for cancer diagnosis and treatment rests with the individual Member States; whereas cooperation and exchange of best practices at EU level is of great added value; |
| --- | --- |

O.

whereas even today the EU continues to be characterised by many significant disparities both within and between Member States: in private and public settings, in rural and urban areas, in regions and cities, and even in hospitals in the same city, when it comes to the quality of the treatment provided; whereas Member States have vastly different health systems and varying standards; whereas there is a serious gap in incidence and mortality between Central and Eastern Europe and the European average; whereas responsibility for the organisation of healthcare systems and provisions for cancer diagnosis and treatment rests with the individual Member States; whereas cooperation and exchange of best practices at EU level is of great added value;

| P. | whereas any successful path to curing cancer and related comorbidities should take into account the specific needs of, and observed differences between, women and men in terms of prevention and the treatment of cancer patients, as well as inclusive communication among patients, cancer survivors, family members and carers, medical personnel and scientists; |
| --- | --- |

P.

whereas any successful path to curing cancer and related comorbidities should take into account the specific needs of, and observed differences between, women and men in terms of prevention and the treatment of cancer patients, as well as inclusive communication among patients, cancer survivors, family members and carers, medical personnel and scientists;

| Q. | whereas a holistic treatment of cancer patients is still lacking, with the structure of treatment often being rigid and failing to reflect the needs of women, especially young women and LGBTIQ+ women; |
| --- | --- |

Q.

whereas a holistic treatment of cancer patients is still lacking, with the structure of treatment often being rigid and failing to reflect the needs of women, especially young women and LGBTIQ+ women;

| R. | whereas affected women and men should have access to accurate information at every stage of their disease, as well as to prevention, quality screening, diagnosis, monitoring, and treatment and support after their recovery; |
| --- | --- |

R.

whereas affected women and men should have access to accurate information at every stage of their disease, as well as to prevention, quality screening, diagnosis, monitoring, and treatment and support after their recovery;

| S. | whereas cancer treatments have heavy repercussions, both physically and psychologically, and whereas it is vital to provide a good quality of life for patients and their families by offering them appropriate support and help tailored to their specific situations and their specific needs; |
| --- | --- |

S.

whereas cancer treatments have heavy repercussions, both physically and psychologically, and whereas it is vital to provide a good quality of life for patients and their families by offering them appropriate support and help tailored to their specific situations and their specific needs;

| T. | whereas the impact of cancer on human lives and human suffering is deeply disturbing and much more can be done to save lives by pooling resources, knowledge and existing technologies; |
| --- | --- |

T.

whereas the impact of cancer on human lives and human suffering is deeply disturbing and much more can be done to save lives by pooling resources, knowledge and existing technologies;

| U. | whereas women and men are affected by cancer in different ways, and women cancer survivors may encounter particular difficulties in returning to employment, education and family life; whereas evidence shows that early psychosocial interventions have a positive impact in supporting cancer survivors with employment-related issues; whereas psychosocial and vocational rehabilitation should be developed through a person-centred and gender-sensitive approach; |
| --- | --- |

U.

whereas women and men are affected by cancer in different ways, and women cancer survivors may encounter particular difficulties in returning to employment, education and family life; whereas evidence shows that early psychosocial interventions have a positive impact in supporting cancer survivors with employment-related issues; whereas psychosocial and vocational rehabilitation should be developed through a person-centred and gender-sensitive approach;

| V. | whereas every year, thousands of women receive breast prostheses for medical or aesthetic reasons, or sometimes a combination of both, without any real consideration being given to the risks before these implants are recommended to patients; whereas the PIP case has focused all attention on one manufacturer without other actors being investigated more widely and thoroughly; whereas manufacturers of breast implants (other than PIP) do not provide any information regarding the composition and minor or major adverse effects of the silicone gel used by the pharmaceutical industry for such purposes; whereas manufacturers are not able to guarantee a 100 %-cohesive prosthesis, and the issue of oozing prostheses has still not been solved; whereas the rupture rate and the invasive risks of silicone throughout the body is a real problem; whereas surgeons are supposed to offer alternatives to breast implants, this being an almost irreversible form of surgery that potentially results in both mutilation and serious health problems in women, including cancers and related comorbidities; whereas several reports have established a direct link between the use of silicone implants and anaplastic large-cell lymphoma (ALCL), a rare type of non-Hodgkin lymphoma that has resulted in at least 14 deaths among the 409+ cases recorded; |
| --- | --- |

V.

whereas every year, thousands of women receive breast prostheses for medical or aesthetic reasons, or sometimes a combination of both, without any real consideration being given to the risks before these implants are recommended to patients; whereas the PIP case has focused all attention on one manufacturer without other actors being investigated more widely and thoroughly; whereas manufacturers of breast implants (other than PIP) do not provide any information regarding the composition and minor or major adverse effects of the silicone gel used by the pharmaceutical industry for such purposes; whereas manufacturers are not able to guarantee a 100 %-cohesive prosthesis, and the issue of oozing prostheses has still not been solved; whereas the rupture rate and the invasive risks of silicone throughout the body is a real problem; whereas surgeons are supposed to offer alternatives to breast implants, this being an almost irreversible form of surgery that potentially results in both mutilation and serious health problems in women, including cancers and related comorbidities; whereas several reports have established a direct link between the use of silicone implants and anaplastic large-cell lymphoma (ALCL), a rare type of non-Hodgkin lymphoma that has resulted in at least 14 deaths among the 409+ cases recorded;

| W. | whereas environmental factors have an effect on health with certain known carcinogens contributing to increased risk among women and men; |
| --- | --- |

W.

whereas environmental factors have an effect on health with certain known carcinogens contributing to increased risk among women and men;

| X. | whereas increasing life expectancy will present future scientific, demographic and medical challenges, with women generally living longer than men; |
| --- | --- |

X.

whereas increasing life expectancy will present future scientific, demographic and medical challenges, with women generally living longer than men;

| Y. | whereas high-quality research on the causes and treatment of cancer is key to improving prevention, diagnosis, successful treatment and the management of ongoing pathology; |
| --- | --- |

Y.

whereas high-quality research on the causes and treatment of cancer is key to improving prevention, diagnosis, successful treatment and the management of ongoing pathology;

| Z. | whereas the best available treatment for some cancers may require patients to travel beyond their regions or Member States to access life-saving procedures; whereas patients requiring treatment in countries outside the EU may face serious barriers to accessing timely procedures; |
| --- | --- |

Z.

whereas the best available treatment for some cancers may require patients to travel beyond their regions or Member States to access life-saving procedures; whereas patients requiring treatment in countries outside the EU may face serious barriers to accessing timely procedures;

| AA. | whereas women form the majority of the workforce in certain industries and are often at greater risk of developing work-related cancer due to exposure to carcinogenic material; |
| --- | --- |

AA.

whereas women form the majority of the workforce in certain industries and are often at greater risk of developing work-related cancer due to exposure to carcinogenic material;

| 1. | Welcomes the progress made with the early detection rate, which has boosted survival rates among breast cancer patients, and points out that all Member States should aim to improve treatments of other types of cancer, such as ovarian or cervical cancer, and related comorbidities; |
| --- | --- |

1.

| 2. | Points out that breast cancer is the most common fatal cancer among women in the EU, followed by lung, colorectal and pancreatic cancers, while prostate and lung cancers remain the most common among men; |
| --- | --- |

2.

| 3. | Invites the Commission and Member States to continue to accord the fight against cancer priority status in health policy by developing and putting in place a comprehensive EU strategy and evidence-based, cost-effective policies against cancer and related comorbidities; stresses that these would take into account the particular needs of women and men by collecting accurate and comprehensive cancer incidence/survival data disaggregated by sex in order to ensure that specific actions are targeted at cancer patients, while undertaking research, initiating preventive action against particular types of cancer, and providing access to accurate information, screening, diagnosis, monitoring, treatment and post-therapy support in order to guarantee medical healthcare; |
| --- | --- |

3.

| 4. | Stresses that while responsibility for organising healthcare systems and the provision of long-term healthcare rests with the individual Member States, cooperation at European level, together with the efficient use of EU funds, can contribute to the development of an effective EU strategy against cancer and related comorbidities, by supporting and complementing measures taken at regional and national levels and by helping Member States to address common challenges; invites the Commission, therefore, to serve as a platform for the exchange of best practices among the Member States with regard to cancer care models and standards for cancer programmes tailored to individual situations and financial capabilities in order to create synergies in addressing common challenges; |
| --- | --- |

4.

| 5. | Calls on the Commission to step up its efforts to improve EU-wide coordination within the field of women’s cancer research which is very fragmented and diverse across the EU; calls on the Commission to make better use of the Innovative Partnership for Action Against Cancer (iPAAC) in order to achieve greater coordination, especially regarding ovarian cancer; |
| --- | --- |

5.

| 6. | Invites the Commission and Member States to establish awareness campaigns on gender-specific cancers that disproportionally affect women and on how to prevent cancer, providing information about the modifiable lifestyle factors for prevention, such as changes in diet, alcohol consumption and exercise; stresses that these should also encourage women to take part in cancer screening programmes for breast or cervical cancers; |
| --- | --- |

6.

| 7. | Encourages Member States to make provision for health education and literacy programmes and campaigns aimed at empowering women and girls and giving them the tools to practise self-care across the entire health spectrum, in addition to public, comprehensive, and free healthcare services; |
| --- | --- |

7.

| 8. | Invites Member States to collaborate on cancer prevention by fully implementing the European Code Against Cancer (15); |
| --- | --- |

8.

| 9. | Calls on the Commission and the Member States to take decisive action to minimise the exposure of women and men to carcinogens, substances that are toxic to reproduction and endocrine disruptors; |
| --- | --- |

9.

| 10. | Highlights the specific situation of men, in particular trans men, affected by breast or uterine cancer; encourages Member States to make provision for mental health services tailored to deal with the distress that such persons may experience; stresses the importance of informing medical and paramedical staff of this type of situation through appropriate training; |
| --- | --- |

10.

| 11. | Reiterates the need to disseminate specific and accurate material, and calls on the Commission and Member States to conduct information campaigns tailored to different types of cancer and different groups of patients, be they women or men, taking into consideration all essential factors such as family history, age, socio-economic status or place of residence; |
| --- | --- |

11.

| 12. | Notes that one third of the population still lacks high-quality cancer registration, mostly in regions with the poorest resources and health status; calls on the Commission and Member States to step up their efforts to develop cancer registries; |
| --- | --- |

12.

| 13. | Reiterates that data collection on cancer-screening activities should be linked with Eurostat’s European Health Interview Survey (EHIS) and National Health Interview Surveys to obtain more precise information on attendance and intervals in spontaneous and organised screening settings; |
| --- | --- |

13.

| 14. | Invites the Commission and Member States to initiate information and awareness-raising campaigns at secondary schools on human papillomavirus (HPV) with the aim of informing girls and young women about this infection; |
| --- | --- |

14.

| 15. | Encourages Member States to promote the establishment of up-to-date centres at which specialised psychological help is offered to oncological patients by qualified intermediate care technicians, psychologists and other relevant medical personnel in order to address the specific needs of cancer patients during their treatment through the provision of various forms of psychological support; notes that constant technological developments in the field of medicine result in medical staff continually having to acquire knowledge which is essential for early detection and the quality of treatment; |
| --- | --- |

15.

| 16. | Encourages the Member States to strengthen the development of community care in order to encompass a wider range of services needed by cancer survivors and people with chronic conditions; emphasises that community care should be developed in a gender-sensitive manner to meet the special needs of women cancer survivors when they return to education and training, employment and family life, taking into account their psychosocial needs; |
| --- | --- |

16.

| 17. | Welcomes the Commission’s support in developing the European Quality Assurance Scheme for Breast Cancer Services; asserts that this scheme should provide guidance on rehabilitation, survivorship and palliative care, with a particular focus on the needs of women cancer patients and survivors in vulnerable situations; |
| --- | --- |

17.

| 18. | Invites Member States to improve access to timely screening through more effective funding and greater resources, and to initiate awareness-raising campaigns encouraging all groups at risk to take advantage of early medical check-ups; |
| --- | --- |

18.

| 19. | Calls on Member States to make use of EU funds, such as the European Structural and Cohesion Funds and European Investment Bank instruments, among others, in order to create quality-assured screening, prevention and treatment centres that are easily accessible for all patients; |
| --- | --- |

19.

| 20. | Invites Member States, with support from the Commission and drawing on various EU funding possibilities, to finance services that provide support to families in which one of the members is a cancer patient, including family counselling and fertility advice for cancer patients and their families; |
| --- | --- |

20.

| 21. | Urges the Commission to take action to fully support the WHO strategy on eliminating cervical cancer; |
| --- | --- |

21.

| 22. | Calls on the Commission and the Member States to fully implement the existing legal framework, in particular in the fields of surveillance, vigilance and inspection regarding the use of high-risk medical devices and their effect on women’s health; calls on them also to further develop measures to guarantee the safety of breast implants; considers that an in-depth assessment of the risks associated with such implants is urgently required, taking into account in particular the cases of cancer, and especially of anaplastic large cell lymphoma (ALCL), in women; |
| --- | --- |

22.

| 23. | Calls for the establishment of a committee of inquiry to look into the impact of silicone implants on women’s health, and in particular the possible link with forms of cancer and related comorbidities; |
| --- | --- |

23.

| 24. | Demands that greater attention and resources be dedicated to early detection and basic research for ovarian cancer; |
| --- | --- |

24.

| 25. | Urges the Commission to prioritise action to close the gap between Central and Eastern Europe and the European average regarding the incidence and mortality of ovarian and cervical cancers by removing structural inequalities between countries through the organisation of effective and cost-effective cancer-screening services; |
| --- | --- |

25.

| 26. | Invites Member States to focus also on improving the quality of life of women and men who are cancer patients and patients with other comorbidities, and whose illnesses cannot be cured, for example by supporting the hospice movement; |
| --- | --- |

26.

| 27. | Welcomes the Commission’s proposal for a directive on work-life balance for workers and carers; stresses that this should include specific measures designed to reduce the risk of cancer for women working night shifts; emphasises, in this context, the importance of an individual’s rights to leave and to ask for flexible working arrangements that might address the particular challenges encountered by working parents and/or carers looking after a relative suffering from cancer and related comorbidities; |
| --- | --- |

27.

| 28. | Instructs its President to forward this resolution to the Council, the Commission and the parliaments of the Member States. |
| --- | --- |

28.

---

(1)  https://unesdoc.unesco.org/ark:/48223/pf0000119111

(2)  OJ L 327, 16.12.2003, p. 34.

(3)  OJ C 68 E, 18.3.2004, p. 611.

(4)  OJ C 313 E, 20.12.2006, p. 273.

(5)  OJ C 247 E, 15.10.2009, p. 11.

(6)  OJ C 81 E, 15.3.2011, p. 95.

(7)  OJ C 434, 23.12.2015, p. 38.

(8)  OJ C 252, 18.7.2018, p. 99.

(9)  OJ L 117, 5.5.2017, p. 1.

(10)  OJ C 332 E, 15.11.2013, p. 89.

(11)  http://ec.europa.eu/health/scientific_committees/emerging/docs/scenihr_o_034.pdf

(12)  OJ C 53 E, 28.2.2002, p. 231.

(13)  https://ec.europa.eu/eurostat/statistics-explained/index.php/Cancer_statistics

(14)  http://cancer-code-europe.iarc.fr/index.php/en/

(15)  http://cancer-code-europe.iarc.fr/index.php/en/

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/115 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/115

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P8_TA(2019)0113

Use of cannabis for medicinal purposes

European Parliament resolution of 13 February 2019 on use of cannabis for medicinal purposes (2018/2775(RSP))

(2020/C 449/13)

The European Parliament,

| — | having regard to Article 168 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 168 of the Treaty on the Functioning of the European Union,

| — | having regard to the question to the Commission on use of cannabis for medicinal purposes (O-000122/2018 — B8-0001/2019), |
| --- | --- |

—

having regard to the question to the Commission on use of cannabis for medicinal purposes (O-000122/2018 — B8-0001/2019),

| — | having regard to Rules 128(5) and 123(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 128(5) and 123(2) of its Rules of Procedure,

| A. | whereas the cannabis plant is made up of more than 480 compounds, including over 100 cannabinoids composed of both psychoactive and non-psychoactive compounds; whereas many of the compounds constituting the cannabis plant are unique to cannabis; |
| --- | --- |

A.

whereas the cannabis plant is made up of more than 480 compounds, including over 100 cannabinoids composed of both psychoactive and non-psychoactive compounds; whereas many of the compounds constituting the cannabis plant are unique to cannabis;

| B. | whereas D9-tetrahydrocannabinol (THC) and cannabidiol (CBD) are the best known cannabinoids identified in cannabis, with THC constituting the main psychoactive and addictive constituent of cannabis while CBD has no intoxicating or addictive properties; |
| --- | --- |

B.

whereas D9-tetrahydrocannabinol (THC) and cannabidiol (CBD) are the best known cannabinoids identified in cannabis, with THC constituting the main psychoactive and addictive constituent of cannabis while CBD has no intoxicating or addictive properties;

| C. | whereas the numerous other cannabinoids which make up the cannabis plant, such as cannabichromene, cannabinol, cannabidiolic acid, cannabigerol and tetrahydrocannabivarin, can have neuroprotective effects, can help reduce certain symptoms affecting patients — such as chronic pain, inflammation or bacterial infections — and can stimulate bone growth; |
| --- | --- |

C.

whereas the numerous other cannabinoids which make up the cannabis plant, such as cannabichromene, cannabinol, cannabidiolic acid, cannabigerol and tetrahydrocannabivarin, can have neuroprotective effects, can help reduce certain symptoms affecting patients — such as chronic pain, inflammation or bacterial infections — and can stimulate bone growth;

| D. | whereas products derived from cannabis that are used for medicinal purposes are broadly referred to as ‘medical cannabis’; whereas this term is largely undefined from a legal point of view and it remains ambiguous and open to interpretation; whereas the term ‘medical cannabis’ should be distinguished from cannabis-based medicines which have undergone clinical trials and have received regulatory approval; |
| --- | --- |

D.

whereas products derived from cannabis that are used for medicinal purposes are broadly referred to as ‘medical cannabis’; whereas this term is largely undefined from a legal point of view and it remains ambiguous and open to interpretation; whereas the term ‘medical cannabis’ should be distinguished from cannabis-based medicines which have undergone clinical trials and have received regulatory approval;

| E. | whereas UN conventions and international law do not prevent the medicinal use of cannabis or cannabis-based products for the treatment of specific medical conditions; |
| --- | --- |

E.

whereas UN conventions and international law do not prevent the medicinal use of cannabis or cannabis-based products for the treatment of specific medical conditions;

| F. | whereas EU Member States differ widely in their approach to cannabis legislation, including their legislation on cannabis for medical purposes, such as on the maximum allowed levels of THC and CBD concentrations, which can lead to difficulties for countries applying a more prudent approach; |
| --- | --- |

F.

whereas EU Member States differ widely in their approach to cannabis legislation, including their legislation on cannabis for medical purposes, such as on the maximum allowed levels of THC and CBD concentrations, which can lead to difficulties for countries applying a more prudent approach;

| G. | whereas no EU Member State authorises the smoking of cannabis for medical purposes or permits the home-growing of cannabis for medical purposes; |
| --- | --- |

G.

whereas no EU Member State authorises the smoking of cannabis for medical purposes or permits the home-growing of cannabis for medical purposes;

| H. | whereas the policy landscape for medical cannabis is evolving in the EU and worldwide; whereas misunderstandings still exist even among national administrations regarding the different uses of cannabis, with the legalisation of cannabis for recreational use often being confused with the need to provide safe and legal access to cannabis for medical purposes to all patients in need; |
| --- | --- |

H.

whereas the policy landscape for medical cannabis is evolving in the EU and worldwide; whereas misunderstandings still exist even among national administrations regarding the different uses of cannabis, with the legalisation of cannabis for recreational use often being confused with the need to provide safe and legal access to cannabis for medical purposes to all patients in need;

| I. | whereas the use of cannabis in general may have an addictive effect and is responsible for significant social and health problems; whereas, therefore, there is still a need for addiction prevention and the monitoring and control of illegal practices, especially if medical cannabis is to be used more widely; |
| --- | --- |

I.

whereas the use of cannabis in general may have an addictive effect and is responsible for significant social and health problems; whereas, therefore, there is still a need for addiction prevention and the monitoring and control of illegal practices, especially if medical cannabis is to be used more widely;

| J. | whereas as of June 2018 no cannabis-based medicine had been authorised via the centralised authorisation procedure of the European Medicines Agency while only one such product was going through this procedure; |
| --- | --- |

J.

whereas as of June 2018 no cannabis-based medicine had been authorised via the centralised authorisation procedure of the European Medicines Agency while only one such product was going through this procedure;

| K. | whereas only one cannabis-based medicine has been authorised through the mutual recognition procedure, receiving marketing authorisation in 17 EU Member States for the treatment of spasticity due to multiple sclerosis; |
| --- | --- |

K.

whereas only one cannabis-based medicine has been authorised through the mutual recognition procedure, receiving marketing authorisation in 17 EU Member States for the treatment of spasticity due to multiple sclerosis;

| L. | whereas a review of the existing scientific literature on the subject of cannabis used in a medical setting provides conclusive or substantial evidence that cannabis and cannabinoids have therapeutic effects, such as in the treatment of chronic pain in adults (e.g. in cancer disease cases), as anti-emetics for the treatment of chemotherapy-induced nausea and vomiting or for improving patient-reported multiple sclerosis spasticity symptoms, and are effective in the treatment of patients with anxiety disorders, PTSD and depression; |
| --- | --- |

L.

whereas a review of the existing scientific literature on the subject of cannabis used in a medical setting provides conclusive or substantial evidence that cannabis and cannabinoids have therapeutic effects, such as in the treatment of chronic pain in adults (e.g. in cancer disease cases), as anti-emetics for the treatment of chemotherapy-induced nausea and vomiting or for improving patient-reported multiple sclerosis spasticity symptoms, and are effective in the treatment of patients with anxiety disorders, PTSD and depression;

| M. | whereas there is evidence that cannabis or cannabinoids may be effective in increasing appetite and decreasing weight loss associated with HIV/AIDS, in alleviating symptoms of mental disorders such as psychosis or Tourette syndrome, and in alleviating symptoms of epilepsy, as well as Alzheimer’s, arthritis, asthma, cancer, Crohn’s disease and glaucoma, and that they also help to reduce the risk of obesity and diabetes and mitigate menstrual pain; |
| --- | --- |

M.

whereas there is evidence that cannabis or cannabinoids may be effective in increasing appetite and decreasing weight loss associated with HIV/AIDS, in alleviating symptoms of mental disorders such as psychosis or Tourette syndrome, and in alleviating symptoms of epilepsy, as well as Alzheimer’s, arthritis, asthma, cancer, Crohn’s disease and glaucoma, and that they also help to reduce the risk of obesity and diabetes and mitigate menstrual pain;

| N. | whereas official data on research and research funding concerning medical cannabis remain scant; whereas research on medical cannabis has received no direct support under the current research programme in the EU and there has been little coordination regarding research projects on medical cannabis in Member States; |
| --- | --- |

N.

whereas official data on research and research funding concerning medical cannabis remain scant; whereas research on medical cannabis has received no direct support under the current research programme in the EU and there has been little coordination regarding research projects on medical cannabis in Member States;

| O. | whereas the evaluation of the implementation of the EU Drugs Strategy 2013-2020 recognised that the omission of a discussion on recent trends in cannabis policy had been noted by a wide range of stakeholders and was one of the items raised most frequently when looking into issues not covered by the strategy; |
| --- | --- |

O.

whereas the evaluation of the implementation of the EU Drugs Strategy 2013-2020 recognised that the omission of a discussion on recent trends in cannabis policy had been noted by a wide range of stakeholders and was one of the items raised most frequently when looking into issues not covered by the strategy;

| P. | whereas there is no uniform standardisation system for the marking and labelling of drugs that contain THC and CBD and other cannabinoids found in the cannabis plant; |
| --- | --- |

P.

whereas there is no uniform standardisation system for the marking and labelling of drugs that contain THC and CBD and other cannabinoids found in the cannabis plant;

| Q. | whereas little or no reliable information is available in EU Member States for medical personnel — medical students, doctors and pharmacists, psychiatrists and so on — on the impact of medical products containing THC and CBD, and there is also a lack of information and alerts for young people and women considering motherhood; |
| --- | --- |

Q.

whereas little or no reliable information is available in EU Member States for medical personnel — medical students, doctors and pharmacists, psychiatrists and so on — on the impact of medical products containing THC and CBD, and there is also a lack of information and alerts for young people and women considering motherhood;

| R. | whereas there is no intra-EU regulation concerning the placing of cannabis-based drugs on the market; |
| --- | --- |

R.

whereas there is no intra-EU regulation concerning the placing of cannabis-based drugs on the market;

| 1. | Calls on the Commission and national authorities to work together to provide a legal definition of medical cannabis, and to draw a clear distinction between cannabis-based medicines approved by the EMA or other regulatory agencies, medical cannabis not supported by clinical trials, and other applications of cannabis (e.g. recreational or industrial); |
| --- | --- |

1.

| 2. | Considers that research on the potential benefits of medicines derived from cannabis and on cannabis in general has been underfunded and should be properly addressed under the forthcoming Ninth Framework Programme and under national research programmes, with a view to exploring, inter alia, the possible uses of THC, CBD and other cannabinoids for medical treatment, as well as their effects on the human body, including lessons drawn from the experience of off-label prescribing of cannabis; |
| --- | --- |

2.

| 3. | Calls on the Commission and the Member States to address the regulatory, financial and cultural barriers which weigh on scientific research into the use of cannabis for medicinal purposes and on research into cannabis in general; further calls on the Commission and the Member States to define the conditions required to enable creditable, independent scientific research based on a wide range of material to be conducted into the use of cannabis for medicinal purposes; |
| --- | --- |

3.

| 4. | Calls on the Commission to determine the priority areas for research into cannabis for medicinal purposes in agreement with the competent authorities, drawing on pioneering research in other countries and focusing on those areas which may bring the greatest added value; |
| --- | --- |

4.

| 5. | Calls on the Commission and the Member States to embark on more research activity and to stimulate innovation with regard to projects related to the use of cannabis for medicinal purposes; |
| --- | --- |

5.

| 6. | Calls on the Commission to develop a comprehensive strategy to ensure the highest standards for independent research, development, authorisation, marketing and pharmacovigilance and to avoid the abuse of products derived from cannabis; emphasises the need for the standardisation and unification of products containing cannabis-based medicines; |
| --- | --- |

6.

| 7. | Stresses the importance of close cooperation and coordination with the World Health Organisation (WHO) in connection with further EU steps in the field of medical cannabis; |
| --- | --- |

7.

| 8. | Calls on the Commission to establish a network which would bring together the EMA, the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), responsible national authorities and patient organisations, civil society, social partners, consumer organisations, healthcare professionals and NGOs, along with other relevant stakeholders, in order to ensure effective implementation of the strategy for cannabis-based medicines; |
| --- | --- |

8.

| 9. | Calls on Member States to provide medical professionals with proper medical training and to encourage increased knowledge on medical cannabis based on independent and wide-ranging research; further calls on Member States to allow doctors to make free use of their professional judgement in prescribing regulatory-approved cannabis-based medicines to patients with relevant conditions, and to allow pharmacists to lawfully honour those prescriptions; highlights the need for training and access to literature for all medical personnel — such as medical students, medical doctors and pharmacists — on the results of independent scientific research; |
| --- | --- |

9.

| 10. | Calls on the Commission to work with Member States to improve equal access to cannabis-based medicines and to ensure that, where allowed, medicines which are effective in treating specific conditions are covered by health insurance schemes in the same way as other medicines; asks Member States to provide a safe and equal choice for patients between different types of cannabis-based medicine, while ensuring that patients are accompanied by specialised medical professionals during their treatment; |
| --- | --- |

10.

| 11. | Emphasises that, in order to ensure that patients have access to the right case-specific therapy that caters to their individual needs as patients with single or multiple disorders, it is essential that they be provided with comprehensive information about the full spectrum profiles of the plant strains used in the medication provided; points out that such information would empower patients and allow medical practitioners to prescribe medication that takes into consideration the holistic needs of the patient and the corresponding therapy; |
| --- | --- |

11.

| 12. | Calls on the Member States to reconsider their relevant legislation on the use of cannabis-based medicines when scientific research proves that the same positive effect cannot be achieved by using ordinary medicines that do not have addictive effects; |
| --- | --- |

12.

| 13. | Calls on Member States to ensure sufficient availability of cannabis-based medicines that cater for actual needs, either by means of production in accordance with their national medical standards or perhaps through imports that comply with their national requirements for cannabis-based medicines; |
| --- | --- |

13.

| 14. | Calls on the Commission to work with Member States to ensure that safe and controlled cannabis used for medicinal purposes can only be in the form of cannabis-derived products that have gone through clinical trials, regulatory assessment and approval; |
| --- | --- |

14.

| 15. | Urges the Commission to ensure that research into, and use of, medical cannabis in the Union does not in any way favour criminal drugs networks or lead to their expansion; |
| --- | --- |

15.

| 16. | Underlines how the comprehensive and evidence-based regulation of cannabis-based medicines would translate into additional resources for public authorities, would limit the black market and ensure quality and accurate labelling to help control points of sale, would limit the access of this substance to minors, and would ensure legal certainty and safe access for patients for its medicinal use, with particular precautions being in place for young people and pregnant women; |
| --- | --- |

16.

| 17. | Stresses that the strict prevention of addiction among minors and vulnerable groups must always form part of every regulatory framework; |
| --- | --- |

17.

| 18. | Instructs its President to forward this resolution to the Commission. |
| --- | --- |

18.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/119 |
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23.12.2020

EN

Official Journal of the European Union

C 449/119

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P8_TA(2019)0114

Deliberations of the Committee on Petitions 2018

European Parliament resolution of 13 February 2019 on the outcome of the Committee on Petitions’ deliberations during 2018 (2018/2280(INI))

(2020/C 449/14)

The European Parliament,

| — | having regard to its previous resolutions on the outcome of the Committee on Petitions’ deliberations, |
| --- | --- |

—

having regard to its previous resolutions on the outcome of the Committee on Petitions’ deliberations,

| — | having regard to Articles 10 and 11 of the Treaty on European Union, |
| --- | --- |

—

having regard to Articles 10 and 11 of the Treaty on European Union,

| — | having regard to Articles 24 and 227 of the Treaty on the Functioning of the European Union (TFEU), which reflect the importance the Treaty attaches to the right of EU citizens and residents to bring their concerns to the attention of the European Parliament, |
| --- | --- |

—

having regard to Articles 24 and 227 of the Treaty on the Functioning of the European Union (TFEU), which reflect the importance the Treaty attaches to the right of EU citizens and residents to bring their concerns to the attention of the European Parliament,

| — | having regard to Article 228 of the TFEU on the role and functions of the European Ombudsman, |
| --- | --- |

—

having regard to Article 228 of the TFEU on the role and functions of the European Ombudsman,

| — | having regard to Article 44 of the Charter of Fundamental Rights of the European Union concerning the right to petition the European Parliament, |
| --- | --- |

—

having regard to Article 44 of the Charter of Fundamental Rights of the European Union concerning the right to petition the European Parliament,

| — | having regard to the provisions of the TFEU relating to the infringement procedure and, in particular, to Articles 258 and 260 thereof, |
| --- | --- |

—

having regard to the provisions of the TFEU relating to the infringement procedure and, in particular, to Articles 258 and 260 thereof,

| — | having regard to Rules 52 and 216(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 52 and 216(7) of its Rules of Procedure,

| — | having regard to the report of the Committee on Petitions (A8-0024/2019), |
| --- | --- |

—

having regard to the report of the Committee on Petitions (A8-0024/2019),

| A. | whereas the right of petition provides people with an open, democratic and transparent mechanism for obtaining a non-judicial remedy for their formal complaints addressed to their directly elected representatives, notably when this relates to the fields of activity of the European Union; |
| --- | --- |

A.

whereas the right of petition provides people with an open, democratic and transparent mechanism for obtaining a non-judicial remedy for their formal complaints addressed to their directly elected representatives, notably when this relates to the fields of activity of the European Union;

| B. | whereas the right of petition should be a key element for a participatory democracy in which the right of every citizen to play a direct part in the democratic life of the Union is effectively protected; whereas it should enhance the responsiveness of the European Parliament towards the citizens and residents of the European Union; whereas genuine democracy should ensure transparency, effective protection of fundamental rights and practical involvement of people in decision-making processes;; |
| --- | --- |

B.

whereas the right of petition should be a key element for a participatory democracy in which the right of every citizen to play a direct part in the democratic life of the Union is effectively protected; whereas it should enhance the responsiveness of the European Parliament towards the citizens and residents of the European Union; whereas genuine democracy should ensure transparency, effective protection of fundamental rights and practical involvement of people in decision-making processes;;

| C. | whereas each petition is carefully assessed and dealt with; whereas each petitioner has the right to receive a substantial reply and information on the decision on admissibility taken by the Committee on Petitions within a reasonable period of time, in their own language or in the language used in the petition; |
| --- | --- |

C.

whereas each petition is carefully assessed and dealt with; whereas each petitioner has the right to receive a substantial reply and information on the decision on admissibility taken by the Committee on Petitions within a reasonable period of time, in their own language or in the language used in the petition;

| D. | whereas the activities of the Committee on Petitions are based on the input and contributions received from petitioners; |
| --- | --- |

D.

whereas the activities of the Committee on Petitions are based on the input and contributions received from petitioners;

| E. | whereas the Committee on Petitions considers the European Citizens’ Initiative an instrument of the utmost importance in terms of direct and participatory democracy, enabling citizens to become actively involved in the framing of European legislation; |
| --- | --- |

E.

whereas the Committee on Petitions considers the European Citizens’ Initiative an instrument of the utmost importance in terms of direct and participatory democracy, enabling citizens to become actively involved in the framing of European legislation;

| F. | whereas a significant number of petitions are discussed in committee meetings which are open to the public (and webstreamed); whereas petitioners frequently exercise their right to present their petitions providing first-hand information to the committee members, and to the Commission and representatives of the Member States if present, and thus contribute actively to the work of the committee; whereas in 2018, 187 petitioners were present in committee meetings in order to participate in discussions on petitions; |
| --- | --- |

F.

whereas a significant number of petitions are discussed in committee meetings which are open to the public (and webstreamed); whereas petitioners frequently exercise their right to present their petitions providing first-hand information to the committee members, and to the Commission and representatives of the Member States if present, and thus contribute actively to the work of the committee; whereas in 2018, 187 petitioners were present in committee meetings in order to participate in discussions on petitions;

| G. | whereas petitions represent an extra guarantee for EU citizens and residents compared to complaints made directly to the Commission, as Parliament is involved in the process, which allows for better scrutiny of the facts and provides for transparent debates on the matter in the presence of the petitioners, Members of the European Parliament and the Commission, as well as any other authority concerned, where appropriate; |
| --- | --- |

G.

whereas petitions represent an extra guarantee for EU citizens and residents compared to complaints made directly to the Commission, as Parliament is involved in the process, which allows for better scrutiny of the facts and provides for transparent debates on the matter in the presence of the petitioners, Members of the European Parliament and the Commission, as well as any other authority concerned, where appropriate;

| H. | whereas detailed information from the petitioners and expertise provided by the Commission, the Member States and other bodies are essential for the work and the credibility of the committee; |
| --- | --- |

H.

whereas detailed information from the petitioners and expertise provided by the Commission, the Member States and other bodies are essential for the work and the credibility of the committee;

| I. | whereas the European Parliament has long been at the forefront of the development of the petitions process internationally and has a remarkably open and transparent petitions process, allowing petitioners to participate actively in its activities; |
| --- | --- |

I.

whereas the European Parliament has long been at the forefront of the development of the petitions process internationally and has a remarkably open and transparent petitions process, allowing petitioners to participate actively in its activities;

| J. | whereas four fact-finding visits took place in 2018, conducted pursuant to Rule 216a of the Rules of Procedure: to Lusatia (Germany) on the impact of lignite mining on the local population, in particular the Sorb community, and on the pollution of the river Spree and adjacent waters; to Famagusta (Cyprus) concerning the return of the closed area of the occupied town of Famagusta to the original inhabitants; to Doñana (Spain) on the environmental situation and possible degradation in the protected area of the Doñana National Park due to a gas storage project and the overexploitation of underground water resources; and to Valledora (Italy) on environmental damage due to landfill sites and quarries; |
| --- | --- |

J.

whereas four fact-finding visits took place in 2018, conducted pursuant to Rule 216a of the Rules of Procedure: to Lusatia (Germany) on the impact of lignite mining on the local population, in particular the Sorb community, and on the pollution of the river Spree and adjacent waters; to Famagusta (Cyprus) concerning the return of the closed area of the occupied town of Famagusta to the original inhabitants; to Doñana (Spain) on the environmental situation and possible degradation in the protected area of the Doñana National Park due to a gas storage project and the overexploitation of underground water resources; and to Valledora (Italy) on environmental damage due to landfill sites and quarries;

| K. | whereas its resolution of 5 July 2018 on the adverse effects of the US Foreign Tax Compliance Act (FATCA) on EU citizens and in particular ‘accidental Americans’ (1) called on the Commission and the Council to present a joint EU approach to FATCA in order to adequately protect the rights of European citizens (in particular ‘accidental Americans’) and improve equal reciprocity in the automatic exchange of information by the US; |
| --- | --- |

K.

whereas its resolution of 5 July 2018 on the adverse effects of the US Foreign Tax Compliance Act (FATCA) on EU citizens and in particular ‘accidental Americans’ (1) called on the Commission and the Council to present a joint EU approach to FATCA in order to adequately protect the rights of European citizens (in particular ‘accidental Americans’) and improve equal reciprocity in the automatic exchange of information by the US;

| L. | whereas admissible petitions often provide valuable input for the work of the respective parliamentary committees as they point out alleged breaches of EU law; |
| --- | --- |

L.

whereas admissible petitions often provide valuable input for the work of the respective parliamentary committees as they point out alleged breaches of EU law;

| M. | whereas petitions are useful tools for detecting breaches of Union law and enable Parliament and other EU institutions to assess the transposition and application of EU law and its impact on EU citizens and residents; |
| --- | --- |

M.

whereas petitions are useful tools for detecting breaches of Union law and enable Parliament and other EU institutions to assess the transposition and application of EU law and its impact on EU citizens and residents;

| N. | whereas pursuant to the Rules of Procedure, the Committee on Petitions is responsible for relations with the European Ombudsman, who investigates complaints regarding maladministration within the institutions and bodies of the European Union; whereas the current European Ombudsman, Emily O’Reilly, presented her Annual Report for 2017 to the Committee on Petitions at its meeting on 16 May 2018, and the annual report of the Committee on Petitions is, in turn, partly based on the Ombudsman’s annual report; |
| --- | --- |

N.

whereas pursuant to the Rules of Procedure, the Committee on Petitions is responsible for relations with the European Ombudsman, who investigates complaints regarding maladministration within the institutions and bodies of the European Union; whereas the current European Ombudsman, Emily O’Reilly, presented her Annual Report for 2017 to the Committee on Petitions at its meeting on 16 May 2018, and the annual report of the Committee on Petitions is, in turn, partly based on the Ombudsman’s annual report;

| O. | whereas the Committee on Petitions is a member of the European Network of Ombudsmen, which also includes the European Ombudsman, national and regional ombudsmen and similar bodies of the Member States, the candidate countries, and other European Economic Area countries, and which aims to promote the exchange of information about EU law and policy and to share best practices; |
| --- | --- |

O.

whereas the Committee on Petitions is a member of the European Network of Ombudsmen, which also includes the European Ombudsman, national and regional ombudsmen and similar bodies of the Member States, the candidate countries, and other European Economic Area countries, and which aims to promote the exchange of information about EU law and policy and to share best practices;

| P. | whereas a number of technical improvements have been implemented in order to make the Petitions web portal more user-friendly and accessible to citizens, such as further development of the search function, increasing the number of displayed results and allowing users to locate petitions via highlighted keywords in the petition title and summary, and the implementation of more specific notifications to users in their own language; whereas portal statistics were made available from the second half of 2018, providing useful data regarding website traffic and user behaviour; whereas the technical improvements have continued, with the introduction of a new frequently asked questions (FAQ) editor and other improvements in the administration module; whereas a large number of individual support requests have been handled successfully; whereas some features that will render the portal more interactive and a real-time source of information for both petitioners and supporters are yet to be fully implemented; |
| --- | --- |

P.

whereas a number of technical improvements have been implemented in order to make the Petitions web portal more user-friendly and accessible to citizens, such as further development of the search function, increasing the number of displayed results and allowing users to locate petitions via highlighted keywords in the petition title and summary, and the implementation of more specific notifications to users in their own language; whereas portal statistics were made available from the second half of 2018, providing useful data regarding website traffic and user behaviour; whereas the technical improvements have continued, with the introduction of a new frequently asked questions (FAQ) editor and other improvements in the administration module; whereas a large number of individual support requests have been handled successfully; whereas some features that will render the portal more interactive and a real-time source of information for both petitioners and supporters are yet to be fully implemented;

| 1. | Stresses the substantial role of the Committee on Petitions in defending and promoting the rights of EU citizens and residents, within the committee’s competences, ensuring that petitioners’ concerns are recognised and their legitimate grievances resolved through the petitions process, in a timely and efficient manner wherever possible; recalls the responsibility of the Commission and the authorities of the Member States to cooperate with the Committee on Petitions, especially when it comes to providing proper feedback on the exchange of relevant information; insists that this cooperation is essential to address the needs of the petitioners in line with the Treaties and the Charter of Fundamental Rights; |
| --- | --- |

1.

| 2. | Emphasises the opportunity petitions offer to the European Parliament and other EU institutions to enter into dialogue with EU citizens who are affected by the application of EU law; underlines the need to foster cooperation of EU institutions and bodies with national, regional and local authorities on matters linked to the application of EU law; calls for the EU institutions and Member States to promote the citizens’ right to petition and to raise public awareness of the EU competences and possible remedies that the European Parliament can provide while processing petitions; |
| --- | --- |

2.

| 3. | Recalls that petitions are examined in accordance with Article 227 TFEU, which stipulates that any citizen of the Union and any natural or legal person residing or having its registered office in a Member State can submit, individually or in association with other citizens, a petition to the European Parliament on matters which come within the European Union’s fields of activity; |
| --- | --- |

3.

| 4. | Reiterates the need for a continuous public debate about the Union’s fields of activity, its limits and its future in order to ensure that citizens are well informed about the levels at which decisions are taken and to prevent the ‘blame Brussels’ phenomenon used by some irresponsible Member States; calls for more intensive and structured biannual dialogue between the Committee on Petitions and Members of Committees on Petitions in the national parliaments on petitions dealing with issues of major concern to European citizens stimulating a genuine debate between MEPs and national MPs centred on petitions that would further raise awareness of EU policies and clarity on the competences of the EU and of the Member States; |
| --- | --- |

4.

| 5. | Urges the Commission to properly use its powers stemming from its role as guardian of the Treaties as this role is of the utmost importance to the functioning of the EU with regard to citizens and European legislators; calls for a timely handling of infringement procedures in order to put an end to situations where EU law is not respected without delay; |
| --- | --- |

5.

| 6. | Asks the Commission to ensure transparency and access to documents and information in the framework of the EU Pilot procedures in relation to petitions received, and of the EU Pilot and infringement procedures that have already been concluded; |
| --- | --- |

6.

| 7. | Reminds the Commission that petitions offer a unique means to identify situations in which EU law is not being upheld and to investigate such situations by means of political scrutiny by the European Parliament; |
| --- | --- |

7.

| 8. | Highlights four public hearings on various topics, namely on ‘Citizens’ rights after Brexit’ together with the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Employment and Social Affairs on 1 February 2018, on ‘European Citizens’ Initiative — Revision of Regulation’ together with the Committee on Constitutional Affairs on 21 February 2018, on ‘Impact of endocrine disruptors on public health’ on 22 March 2018 together with the Committee on Environment, Public Health and Food Safety, and on ‘The rights of persons with disabilities’ on 9 October 2018; reminds the committee members of the importance of attending public hearings requested and organised by the committee; calls on the petitions network to put forward proposals for specific public hearings and topics for European Parliament studies and resolutions, which reflect the connection between ongoing legislative work and Parliament’s political scrutiny powers and the petitions dealing with issues of major concern to European citizens; underlines that the petitions network is the correct forum for putting forward common initiatives for being dealt with as petitions, which could express Parliament’s contribution to European citizens’ petitions in an exhaustive manner; |
| --- | --- |

8.

| 9. | Draws attention to the participation of a delegation of members of the Committee on Petitions in a visit to Lima (Peru) on 15 and 16 February 2018 in the context of democracy support offered by the European Parliament and its Democracy Support and Election Coordination Unit (DEG) in order to exchange good practices in the petition process with the Committee on Constitutional Affairs of the Peruvian Parliament; |
| --- | --- |

9.

| 10. | Confirms the need to strengthen political and technical dialogue with the relevant committees of the national parliaments; welcomes the visit of the Petitions Committee of the German Bundestag to the committee meeting of 9 October 2018 to raise issues of common interest and to discuss relevant petitions; highlights the Interparliamentary Committee Meeting with National Parliaments of 27 November 2018, organised together with the Committee on Legal Affairs and in cooperation with the European Network of Ombudsmen, which addressed the topic of the implementation and application of Union law; and, in particular, the role of petitions to parliaments in this regard; |
| --- | --- |

10.

| 11. | Trusts that the petitions network is a means to make the Committee on Petitions more visible and relevant in the work of the other committees of Parliament, so that petitions are better taken into consideration in legislative work; reaffirms its belief that meetings of the petitions network are vital for strengthening cooperation between the parliamentary committees through exchange of information and sharing of best practices between the network members; |
| --- | --- |

11.

| 12. | Underlines the aim of the Committee on Petitions to raise awareness on citizens’ concerns in plenary debates; draws attention to the oral question on disenfranchisement of voting rights in the EU, debated in plenary on 2 October 2018, the oral question on the participation of persons with disabilities in the European elections, adopted in committee on 21 March 2018, and the oral question tabled jointly with the Committee on the Environment, Public Health and Food Safety on concerns about Natura 2000 protected areas based on petitions received, adopted in committee on 21 November 2018; calls on the Commission and the Council to respond to its resolutions based on petitions in a follow-up plenary debate not later than six months after their adoption in order to provide timely and effective answers to specific concerns on the part of European citizens; |
| --- | --- |

12.

| 13. | Draws attention to the motions for resolutions pursuant to Rule 128(5) or Rule 216(2) on behalf of the committee adopted in plenary, in particular on protection and non-discrimination with regard to minorities in the EU Member States (2), on responding to petitions on tackling precariousness and the abusive use of fixed-term contracts (3), on the adverse effects of the United States’ Foreign Account Tax Compliance Act (FATCA) on EU citizens and in particular ‘accidental Americans’ (4), and on the role of the German Youth Welfare Office (Jugendamt) in cross-border family disputes (5); |
| --- | --- |

13.

| 14. | Notes that the FATCA framework of the United States is being implemented within the Union through bilateral intergovernmental agreements (IGAs) negotiated between the United States and each Member State; regrets the lack of response from the Member States to solve the problems reported by the citizens affected by FATCA; emphasises the role of the Union in guaranteeing effective implementation of data protection rules in order to ensure high level of protection of EU citizens in terms of related fundamental rights; asks the Commission to work closely with the national data protection authorities in order to promote a fact-finding exercise to clarify the situation in the Member States concerning possible breaches of EU law on the protection of personal data; calls on the Commission, furthermore, in cooperation with the European Data Protection Board, to launch a country-based study in order to assess whether and to what extent IGAs concerning FATCA respect the right to privacy of EU citizens; emphasises that the Member States should prevent discrimination against consumers legally resident in the Union, regardless if they are considered or not as ‘US persons’ and, if they are of the importance of their economic and personal ties with the United States; |
| --- | --- |

14.

| 15. | Highlights the fact-finding visit to Famagusta, Cyprus, on 7 and 8 May 2018, aiming to reassess and update the information available to the committee on the situation in Famagusta, in particular the sealed-off section of the city called Varosha, in the context of petition 733/2004 submitted by Loizos Afxentiou, on behalf of the Famagusta Refugee Movement, 10 years after the committee’s previous fact-finding visit; reaffirms its support for the mission report recommendation to call on the Commission, the High Representative for Foreign Affairs and Security Policy, the Council and all EU Member States to request a new resolution in the UN Security Council calling for political and economic sanctions against Turkey for its acts of aggression in the eastern Mediterranean Sea and for its non-compliance with Resolutions 550 (1984) and 789 (1992) of the UN Security Council; |
| --- | --- |

15.

| 16. | Recalls that the Committee on Petitions has adopted opinions attached to reports of Parliament on a wide range of issues raised in petitions, including on monitoring the application of EU law in 2016 (6), on the coordination of social security systems (7), on the European citizens’ initiative (8), on the implementation report as regards Regulation 1/2005 on the protection of animals during transport within and outside the EU (9), on the proposal for amending Parliament’s Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman’s duties (10), and on the implementation of the Treaty provisions related to EU citizenship (11); underlines that, since the beginning of this parliamentary term, the Committee on Petitions has delivered more opinions on ongoing European legislative texts; |
| --- | --- |

16.

| 17. | Stresses Parliament’s fruitful cooperation with the European Ombudsman, as well as its involvement in the European Network of Ombudsmen; underlines the excellent relations within the institutional framework between the Ombudsman and the Committee on Petitions; appreciates in particular the Ombudsman’s regular contributions to the work of the committee throughout the year; firmly believes that the Union’s institutions, bodies and agencies must ensure consistent and effective follow-up to the recommendations of the Ombudsman; |
| --- | --- |

17.

| 18. | Emphasises the work of the Committee on Petitions relating to disability issues and its role of protection within the EU framework of the UN Convention of the Rights of Persons with Disabilities (UNCRPD); recalls that in June 2018 a letter was sent to the Permanent Representations of all Member States asking about concrete measures to ensure accessibility for persons with disabilities; notes the comprehensive replies received from some Member States; reiterates its call on the Member States to implement the necessary measures for accessibility as an essential component of quality living; |
| --- | --- |

18.

| 19. | Welcomes the new approach of the European Court of Auditors of working very closely with the committees of Parliament and presenting its reports to them; draws attention to the presentation of the Court of Auditors’ report on the implementation of EU law at the meeting of the Committee on Petitions of 8 October 2018; welcomes the conclusions and recommendations of the report; highlights the large number of petitions received relating to EU law that have yet to be fully or properly acted on in the Member States; |
| --- | --- |

19.

| 20. | Points out that, in the context of Parliament’s Human Rights Week, the Committee on Petitions considered several petitions relating to human rights issues and presented an updated study on the Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants; asks the Commission to propose amending Article 1(2) of Council Directive 2002/90/EC of 28 November 2002 in order to define the facilitation of unauthorised entry, transit and residence (12), with a view to introducing a mandatory exemption from criminalisation for humanitarian assistance in cases of entry, transit or stay; |
| --- | --- |

20.

| 21. | Is convinced that the Secretariat of the Committee on Petitions handles petitions efficiently and with great care according to the committee’s guidelines and the petitions lifecycle in the EP administration; calls for further innovations in the treatment of petitions, taking stock of the most recent technological developments, in order to render the whole process clearer and more transparent for European citizens; |
| --- | --- |

21.

| 22. | Highlights the importance of the Petitions web portal for the overall smooth and transparent processing of petitions; points out that one of the immediate priorities is to improve communication with the petitioners and supporters through their accounts, in order to ease the administrative burden and speed up petition processing times; reiterates the need to continue the technical development of the portal, to align it to the standards of Parliament’s website and to increase its visibility both on the EP platform and among citizens; stresses that efforts must be continued to make the portal more accessible to its users, in particular to persons with disabilities; |
| --- | --- |

22.

| 23. | Stresses the important role of the SOLVIT network, which provides a means for citizens and enterprises to address concerns about possible breaches of EU law by public authorities in other Member States; calls on the Commission and on the Member States to promote SOLVIT in order to make it more helpful and visible to citizens; welcomes, in this regard, the Action Plan to reinforce the SOLVIT network published by the Commission in May 2017; calls on the Commission to report back to the European Parliament on the results of the Action Plan to reinforce the SOLVIT network published by the Commission in May 2017; |
| --- | --- |

23.

| 24. | 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 the Member States’ committees on petitions, national ombudsmen or similar competent bodies. |
| --- | --- |

24.

---

(1)  Texts adopted, P8_TA(2018)0316.

(2)  OJ C 463, 21.12.2018, p. 21.

(3)  Texts adopted, P8_TA(2018)0242.

(4)  Texts adopted, P8_TA(2018)0316.

(5)  Texts adopted, P8_TA(2018)0476.

(6)  Opinion adopted on 21 March 2018.

(7)  Opinion adopted on 24 April 2018.

(8)  Opinion adopted on 16 May 2018.

(9)  Opinion adopted on 9 October 2018.

(10)  Opinion adopted on 21 November 2018.

(11)  Opinion adopted on 21 November 2018.

(12)  OJ L 328, 5.12.2002, p. 17.

---

Thursday 14 February 2019

| 23.12.2020 | EN | Official Journal of the European Union | C 449/125 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/125

---

P8_TA(2019)0115

The situation in Chechnya, and the case of Oyub Titiev

European Parliament resolution of 14 February 2019 on the situation in Chechnya and the case of Oyub Titiev (2019/2562(RSP))

(2020/C 449/15)

The European Parliament,

| — | having regard to its previous resolutions on the situation in Chechnya, in particular those of 8 February 2018 on ‘Russia, the case of Oyub Titiev and the Human Rights Centre Memorial’ (1) and 23 October 2014 on ‘the closing-down of the NGO Memorial (winner of the 2009 Sakharov Prize) in Russia’ (2), |
| --- | --- |

—

having regard to its previous resolutions on the situation in Chechnya, in particular those of 8 February 2018 on ‘Russia, the case of Oyub Titiev and the Human Rights Centre Memorial’ (1) and 23 October 2014 on ‘the closing-down of the NGO Memorial (winner of the 2009 Sakharov Prize) in Russia’ (2),

| — | having regard to the statement by the Chairs of its Committee on Foreign Affairs and Subcommittee on Human Rights of 12 January 2018 calling for the immediate release of the human rights defender Oyub Titiev, |
| --- | --- |

—

having regard to the statement by the Chairs of its Committee on Foreign Affairs and Subcommittee on Human Rights of 12 January 2018 calling for the immediate release of the human rights defender Oyub Titiev,

| — | having regard to the EU Statement of 19 January 2018 on human rights violations concerning the Memorial Human Rights Centre in Russia and to the statements by the Spokesperson of the European External Action Service (EEAS) of 11 January 2018 on the detention of the Director of the Memorial Human Rights Centre in the Chechen Republic and of 27 June 2018 on the cases of Russian human rights defenders Oyub Titiev and Yuri Dmitriev, |
| --- | --- |

—

having regard to the EU Statement of 19 January 2018 on human rights violations concerning the Memorial Human Rights Centre in Russia and to the statements by the Spokesperson of the European External Action Service (EEAS) of 11 January 2018 on the detention of the Director of the Memorial Human Rights Centre in the Chechen Republic and of 27 June 2018 on the cases of Russian human rights defenders Oyub Titiev and Yuri Dmitriev,

| — | having regard to Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, and to which the Russian Federation is a party, |
| --- | --- |

—

having regard to Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, and to which the Russian Federation is a party,

| — | having regard to the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on 9 December 1998, |
| --- | --- |

—

having regard to the United Nations Declaration on Human Rights Defenders, adopted by the UN General Assembly on 9 December 1998,

| — | having regard to the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, |
| --- | --- |

—

having regard to the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms,

| — | having regard to the Constitution of the Russian Federation, in particular Chapter 2 thereof on Human and Civil Rights and Freedoms, |
| --- | --- |

—

having regard to the Constitution of the Russian Federation, in particular Chapter 2 thereof on Human and Civil Rights and Freedoms,

| — | having regard to the seventh periodic report of the Russian Federation, which was considered by the UN Human Rights Committee at its 3 136th and 3 137th meetings on 16 and 17 March 2015, |
| --- | --- |

—

having regard to the seventh periodic report of the Russian Federation, which was considered by the UN Human Rights Committee at its 3 136th and 3 137th meetings on 16 and 17 March 2015,

| — | having regard to the OSCE Rapporteur’s Report under the Moscow Mechanism on Alleged Human Rights Violations and Impunity in the Chechen Republic of the Russian Federation of 21 December 2018, |
| --- | --- |

—

having regard to the OSCE Rapporteur’s Report under the Moscow Mechanism on Alleged Human Rights Violations and Impunity in the Chechen Republic of the Russian Federation of 21 December 2018,

| — | having regard to the European Union Guidelines on Human Rights Defenders, |
| --- | --- |

—

having regard to the European Union Guidelines on Human Rights Defenders,

| — | having regard to Rules 135(5) and 123(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 135(5) and 123(4) of its Rules of Procedure,

| A. | whereas the Russian Federation, as a signatory to the Universal Declaration of Human Rights, the European Convention on Human Rights and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, has committed itself to the principles of democracy, the rule of law and respect for fundamental freedoms and human rights; |
| --- | --- |

A.

whereas the Russian Federation, as a signatory to the Universal Declaration of Human Rights, the European Convention on Human Rights and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, has committed itself to the principles of democracy, the rule of law and respect for fundamental freedoms and human rights;

| B. | whereas the Russian Federation’s international commitments include the obligation to protect human rights defenders; whereas the 2012 law on ‘foreign agents’ severely restricts NGOs’ ability to work independently and effectively; whereas under this law, the Memorial Human Rights Centre has been designated as a ‘foreign agent’ by the Ministry of Justice of the Russian Federation; |
| --- | --- |

B.

whereas the Russian Federation’s international commitments include the obligation to protect human rights defenders; whereas the 2012 law on ‘foreign agents’ severely restricts NGOs’ ability to work independently and effectively; whereas under this law, the Memorial Human Rights Centre has been designated as a ‘foreign agent’ by the Ministry of Justice of the Russian Federation;

| C. | whereas Chechnya has experienced a dramatic deterioration in the human rights situation over the past few years, which effectively prevents independent journalists and human rights activists from continuing their work without putting their own lives and the lives of their family members, friends and colleagues at risk; whereas the numerous reports of systematic and serious human rights abuses in Chechnya demonstrate the failure of the Chechen and Russian authorities to uphold the rule of law; |
| --- | --- |

C.

whereas Chechnya has experienced a dramatic deterioration in the human rights situation over the past few years, which effectively prevents independent journalists and human rights activists from continuing their work without putting their own lives and the lives of their family members, friends and colleagues at risk; whereas the numerous reports of systematic and serious human rights abuses in Chechnya demonstrate the failure of the Chechen and Russian authorities to uphold the rule of law;

| D. | whereas Oyub Titiev, the director of the Chechnya office of Memorial, was arrested on 9 January 2018 and officially indicted and remanded on trumped-up charges of illegal acquisition and possession of narcotics; whereas these accusations have been denied by Oyub Titiev and denounced by other NGOs and human rights defenders as fabricated and as an attempt to obstruct his, and his organisation’s, work on human rights; |
| --- | --- |

D.

whereas Oyub Titiev, the director of the Chechnya office of Memorial, was arrested on 9 January 2018 and officially indicted and remanded on trumped-up charges of illegal acquisition and possession of narcotics; whereas these accusations have been denied by Oyub Titiev and denounced by other NGOs and human rights defenders as fabricated and as an attempt to obstruct his, and his organisation’s, work on human rights;

| E. | whereas the courts extended the detention of Oyub Titiev several times before court hearings begun in Shali City Court in Chechnya on 19 July 2018; whereas the verdict is imminent and expected for mid-February 2019; whereas Oyub Titiev risks being adjudged guilty of a crime he did not commit and spending up to ten years in prison; |
| --- | --- |

E.

whereas the courts extended the detention of Oyub Titiev several times before court hearings begun in Shali City Court in Chechnya on 19 July 2018; whereas the verdict is imminent and expected for mid-February 2019; whereas Oyub Titiev risks being adjudged guilty of a crime he did not commit and spending up to ten years in prison;

| F. | whereas Oyub Titiev’s family has faced harassment and threats coercing them to leave Chechnya; whereas Memorial was targeted by other actions in 2018, including an arson attack against its offices in Ingushetia on 17 January 2018, an attack on Mr Titiev’s lawyer’s car in Dagestan on 22 January 2018 and an attack against the head of the Memorial office in Dagestan on 28 March 2018; whereas since the murder in 2009 of Oyub Titiev’s predecessor as director of the Chechnya office of Memorial, Natalia Estemirova, the perpetrators of this crime have still not been brought to justice; |
| --- | --- |

F.

whereas Oyub Titiev’s family has faced harassment and threats coercing them to leave Chechnya; whereas Memorial was targeted by other actions in 2018, including an arson attack against its offices in Ingushetia on 17 January 2018, an attack on Mr Titiev’s lawyer’s car in Dagestan on 22 January 2018 and an attack against the head of the Memorial office in Dagestan on 28 March 2018; whereas since the murder in 2009 of Oyub Titiev’s predecessor as director of the Chechnya office of Memorial, Natalia Estemirova, the perpetrators of this crime have still not been brought to justice;

| G. | whereas Memorial is one of the last remaining organisations continuing work on human rights in Chechnya — namely to document and expose human rights violations, to assist the victims of such violations and to help them seek justice — and has probably been attacked in retaliation for exposing and seeking justice for human rights violations; whereas Memorial was awarded the European Parliament’s Sakharov Prize for Freedom of Thought in 2009 and in 2018 Oyub Titiev was awarded the Franco-German Prize for Human Rights and Rule of Law (December), the Václav Havel Human Rights Prize (October) and the Moscow Helsinki Human Rights Group Award (May); |
| --- | --- |

G.

whereas Memorial is one of the last remaining organisations continuing work on human rights in Chechnya — namely to document and expose human rights violations, to assist the victims of such violations and to help them seek justice — and has probably been attacked in retaliation for exposing and seeking justice for human rights violations; whereas Memorial was awarded the European Parliament’s Sakharov Prize for Freedom of Thought in 2009 and in 2018 Oyub Titiev was awarded the Franco-German Prize for Human Rights and Rule of Law (December), the Václav Havel Human Rights Prize (October) and the Moscow Helsinki Human Rights Group Award (May);

| H. | whereas Chechen officials have repeatedly threatened human rights defenders or denounced their work and have failed to publicly condemn threats of violence against them, thereby creating and perpetuating a climate of impunity for the perpetrators of acts of violence against human rights defenders; whereas victims therefore largely refrain from seeking justice as they fear retaliation by local authorities; |
| --- | --- |

H.

whereas Chechen officials have repeatedly threatened human rights defenders or denounced their work and have failed to publicly condemn threats of violence against them, thereby creating and perpetuating a climate of impunity for the perpetrators of acts of violence against human rights defenders; whereas victims therefore largely refrain from seeking justice as they fear retaliation by local authorities;

| 1. | Reiterates its call for the immediate release of Oyub Titiev, the director of the Memorial Human Rights Centre office in Chechnya, who was detained on 9 January 2018 and accused of illegal acquisition and possession of drugs and is expected to receive his verdict by mid-February 2019; urges the Chechen authorities to ensure full respect for Oyub Titiev’s human and legal rights, including his right to a fair trial, unhindered access to his lawyer and to medical care, and protection from judicial harassment and criminalisation; |
| --- | --- |

1.

| 2. | Strongly condemns the repeated public statements by Chechen officials denouncing the work of human rights defenders and organisations or targeting specific persons, as well as their failure to publicly condemn and investigate threats and acts of violence against these groups and individuals; |
| --- | --- |

2.

| 3. | Expresses its deep concerns over the worrying trend of arrests, attacks and intimidation of independent journalists, human rights defenders and their supporters, and ordinary citizens alike, which appear to be part of coordinated campaigns; considers the case of Oyub Titiev to be illustrative of numerous other prosecution cases built on fabricated evidence that underpins the flawed justice system in the Chechen Republic and the Russian Federation; recalls that similar charges related to drug possession have also been brought against Caucasus Knot journalist Zhalaudi Geriev and human rights activist Ruslan Kutaev, and calls for them also to be released; |
| --- | --- |

3.

| 4. | Urges the authorities of both the Republic of Chechnya and the Russian Federation to put an end to the harassment and persecution of their citizens and to end the climate of impunity for the perpetrators of acts of violence against human rights defenders, their family members, colleagues and supporters and their organisations; |
| --- | --- |

4.

| 5. | Calls on the Russian Federation to protect all its citizens with full respect for their human rights, to abide by its own Constitution and legislation, and to honour its international commitments to respect the rule of law and the fundamental freedoms and human rights of all its citizens, including those who dedicate their time, resources and work to defending the rights of their fellow citizens; |
| --- | --- |

5.

| 6. | Calls on the Russian authorities to repeal the 2015 law on ‘undesirable organisations’ and the 2012 law on ‘foreign agents’, as well as all other related legislation, which has consistently been used to harass and attack human rights defenders and civil society organisations; expresses concern at the fact that some Russian NGOs have had to shut down in order to avoid being tarnished with the stigma of being ‘foreign agents’ and to avoid legal persecution; |
| --- | --- |

6.

| 7. | Calls for an immediate end to the harassment and arrests of human rights defenders in Chechnya pursued on the grounds of fabricated accusations, to attacks on their colleagues and family members and to the intimidation of their supporters, which appear to serve the aim of impeding and ultimately ending the legitimate and useful work of their organisations; |
| --- | --- |

7.

| 8. | Repeats its call on the Commission, the EEAS and the Member States to continue to closely monitor the human rights situation in Chechnya, including the trial of Oyub Titiev, to call for an immediate cessation of the aforementioned human rights violations, to raise the cases of all persons prosecuted for political reasons in relevant meetings with Russian representatives, and to continue to offer swift and efficient assistance to the victims of persecution and their family members, including when dealing with asylum requests; |
| --- | --- |

8.

| 9. | Calls on the Commission to engage with international human rights organisations active in the Russian Federation and with Russian human rights organisations and civil society despite the Russian law on ‘foreign agents’ and to continue to offer support to Memorial and other such organisations; |
| --- | --- |

9.

| 10. | Calls on international sports personalities and artists to refrain from participating in public events in Chechnya or events sponsored by the leadership of the Chechen Republic; reiterates its support for a European Union ‘Magnitsky Act’, which should sanction the perpetrators of serious human rights violations, and calls on the Council to pursue its work on this matter without delay; stresses, in this regard, that the perpetrators of human rights abuses in the Chechen Republic of the Russian Federation should not be granted EU visas nor be allowed to keep assets in EU Member States; |
| --- | --- |

10.

| 11. | Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the Member States, the Council of Europe, the Organisation for Security and Cooperation in Europe, the President, the Government and Parliament of the Russian Federation, and the Chechen authorities. |
| --- | --- |

11.

---

(1)  OJ C 463, 21.12.2018, p. 31.

(2)  OJ C 274, 27.7.2016, p. 21.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/128 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/128

---

P8_TA(2019)0116

Zimbabwe

European Parliament resolution of 14 February 2019 on Zimbabwe (2019/2563(RSP))

(2020/C 449/16)

The European Parliament,

| — | having regard to its previous resolutions on Zimbabwe, |
| --- | --- |

—

having regard to its previous resolutions on Zimbabwe,

| — | having regard to the final report of the EU Electoral Observation Mission (EOM) on the 2018 harmonised elections in Zimbabwe and to the letter issued on 10 October by the Chief Observer of the EU EOM to President Mnangagwa on the key findings of the Final Report, |
| --- | --- |

—

having regard to the final report of the EU Electoral Observation Mission (EOM) on the 2018 harmonised elections in Zimbabwe and to the letter issued on 10 October by the Chief Observer of the EU EOM to President Mnangagwa on the key findings of the Final Report,

| — | having regard to the statement of 17 January 2019 by the spokesperson of the Vice President/High Representative on the situation in Zimbabwe, |
| --- | --- |

—

having regard to the statement of 17 January 2019 by the spokesperson of the Vice President/High Representative on the situation in Zimbabwe,

| — | having regard to the statements of 24 July 2018 and 18 January 2019 by the spokesperson for the UN High Commissioner for Human Rights on Zimbabwe, |
| --- | --- |

—

having regard to the statements of 24 July 2018 and 18 January 2019 by the spokesperson for the UN High Commissioner for Human Rights on Zimbabwe,

| — | having regard to the Joint Communiqué issued following the EU-African Union Ministers of Foreign Affairs meeting on 21 and 22 January 2019, |
| --- | --- |

—

having regard to the Joint Communiqué issued following the EU-African Union Ministers of Foreign Affairs meeting on 21 and 22 January 2019,

| — | having regard to the monitoring report from the Zimbabwe Human Rights Commission in the aftermath of the 14 January to 16 January 2019‘Stay Away’ and subsequent disturbances, |
| --- | --- |

—

having regard to the monitoring report from the Zimbabwe Human Rights Commission in the aftermath of the 14 January to 16 January 2019‘Stay Away’ and subsequent disturbances,

| — | having regard to the report of the Zimbabwean Commission of Inquiry into the 1 August post-election violence, |
| --- | --- |

—

having regard to the report of the Zimbabwean Commission of Inquiry into the 1 August post-election violence,

| — | having regard to the statement of 2 August 2018 by the spokesperson of the VP/HR on the elections in Zimbabwe, |
| --- | --- |

—

having regard to the statement of 2 August 2018 by the spokesperson of the VP/HR on the elections in Zimbabwe,

| — | having regard to the joint statement of 2 August 2018 by international election observation missions to Zimbabwe’s harmonised elections denouncing the excessive use of force by the police and army to quell protests, |
| --- | --- |

—

having regard to the joint statement of 2 August 2018 by international election observation missions to Zimbabwe’s harmonised elections denouncing the excessive use of force by the police and army to quell protests,

| — | having regard to the joint local statement of 9 August 2018 of the EU Delegation, the Heads of Mission of EU Member States present in Harare and the Heads of Mission of Australia, Canada and the United States on the targeting of opposition in Zimbabwe, |
| --- | --- |

—

having regard to the joint local statement of 9 August 2018 of the EU Delegation, the Heads of Mission of EU Member States present in Harare and the Heads of Mission of Australia, Canada and the United States on the targeting of opposition in Zimbabwe,

| — | having regard to the conclusions of 22 January 2018 of the Council of the EU in light of the ongoing political transition in Zimbabwe, |
| --- | --- |

—

having regard to the conclusions of 22 January 2018 of the Council of the EU in light of the ongoing political transition in Zimbabwe,

| — | having regard to Council Decision (CFSP) 2017/288 of 17 February 2017 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe (1), |
| --- | --- |

—

having regard to Council Decision (CFSP) 2017/288 of 17 February 2017 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe (1),

| — | having regard to the African Charter on Human and Peoples’ Rights of June 1981, which Zimbabwe has ratified, |
| --- | --- |

—

having regard to the African Charter on Human and Peoples’ Rights of June 1981, which Zimbabwe has ratified,

| — | having regard to the Constitution of Zimbabwe, |
| --- | --- |

—

having regard to the Constitution of Zimbabwe,

| — | having regard to the Cotonou Agreement, |
| --- | --- |

—

having regard to the Cotonou Agreement,

| — | having regard to Rules 135(5) and 123(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 135(5) and 123(4) of its Rules of Procedure,

| A. | whereas the people of Zimbabwe suffered for many years under an authoritarian regime led by President Mugabe that maintained its power through corruption, violence, elections plagued by irregularities and a brutal security apparatus; |
| --- | --- |

A.

whereas the people of Zimbabwe suffered for many years under an authoritarian regime led by President Mugabe that maintained its power through corruption, violence, elections plagued by irregularities and a brutal security apparatus;

| B. | whereas on 30 July 2018, Zimbabwe held its first presidential and parliamentary elections following the resignation of Robert Mugabe in November 2017; whereas the elections offered the country the opportunity to break with the history of contentious elections marked by abuse of political and human rights and state-sponsored violence; |
| --- | --- |

B.

whereas on 30 July 2018, Zimbabwe held its first presidential and parliamentary elections following the resignation of Robert Mugabe in November 2017; whereas the elections offered the country the opportunity to break with the history of contentious elections marked by abuse of political and human rights and state-sponsored violence;

| C. | whereas on 3 August 2018, the Zimbabwe Electoral Commission (ZEC) declared Emmerson Mnangagwa winner of the presidential election with 50,8 % of votes against 44,3 % for the opposition candidate Nelson Chamisa; whereas the results were immediately contested by the opposition who claimed that the elections were rigged; whereas the Constitutional Court dismissed these allegations for lack of evidence and President Mnangagwa was officially re-invested on 26 August for a new mandate; |
| --- | --- |

C.

whereas on 3 August 2018, the Zimbabwe Electoral Commission (ZEC) declared Emmerson Mnangagwa winner of the presidential election with 50,8 % of votes against 44,3 % for the opposition candidate Nelson Chamisa; whereas the results were immediately contested by the opposition who claimed that the elections were rigged; whereas the Constitutional Court dismissed these allegations for lack of evidence and President Mnangagwa was officially re-invested on 26 August for a new mandate;

| D. | whereas the final report of the EU EOM states that the figures presented by the ZEC contained many anomalies and inaccuracies and raised enough questions to lead to doubts as to the accuracy and reliability of the numbers presented; |
| --- | --- |

D.

whereas the final report of the EU EOM states that the figures presented by the ZEC contained many anomalies and inaccuracies and raised enough questions to lead to doubts as to the accuracy and reliability of the numbers presented;

| E. | whereas the day after the election, the delay in announcing the results had already led to an outbreak of post-electoral violence that left six people dead and many injured during protests called by the opposition; whereas international observers, including the EU, condemned the violence and the excessive use of force by the army and internal security forces; |
| --- | --- |

E.

whereas the day after the election, the delay in announcing the results had already led to an outbreak of post-electoral violence that left six people dead and many injured during protests called by the opposition; whereas international observers, including the EU, condemned the violence and the excessive use of force by the army and internal security forces;

| F. | whereas the Zimbabwe Human Rights Commission published a statement on 10 August 2018‘on the 2018 harmonised elections and the post-election environment’ confirming that protesters were assaulted by military forces, expressing deep concern about the brutality and violent conduct of the police and stating that the fundamental rights of demonstrators were violated; whereas the Commission has called on the government to set up a national dialogue; |
| --- | --- |

F.

whereas the Zimbabwe Human Rights Commission published a statement on 10 August 2018‘on the 2018 harmonised elections and the post-election environment’ confirming that protesters were assaulted by military forces, expressing deep concern about the brutality and violent conduct of the police and stating that the fundamental rights of demonstrators were violated; whereas the Commission has called on the government to set up a national dialogue;

| G. | whereas on taking his oath of office in Harare on 26 August 2018, President Emmerson Mnangagwa promised a brighter, shared future for all Zimbabweans, transcending party lines, with a government unwavering in its commitment to constitutionalism, entrenching the rule of law, the principle of separation of powers, the independence of the judiciary and policies that would attract both domestic and global capital; |
| --- | --- |

G.

whereas on taking his oath of office in Harare on 26 August 2018, President Emmerson Mnangagwa promised a brighter, shared future for all Zimbabweans, transcending party lines, with a government unwavering in its commitment to constitutionalism, entrenching the rule of law, the principle of separation of powers, the independence of the judiciary and policies that would attract both domestic and global capital;

| H. | whereas in September 2018 President Mnangagwa set up a commission of inquiry which, in December 2018, concluded that the demonstrations which caused extensive damage to property and injury were incited and organised by both security forces and members of the MDC Alliance, and that the deployment of the military was justified and in accordance with the Constitution; whereas the report was rejected by the opposition; whereas the commission called for an investigation within the security forces and prosecution of those who had committed crimes, and recommended compensation for victims; |
| --- | --- |

H.

whereas in September 2018 President Mnangagwa set up a commission of inquiry which, in December 2018, concluded that the demonstrations which caused extensive damage to property and injury were incited and organised by both security forces and members of the MDC Alliance, and that the deployment of the military was justified and in accordance with the Constitution; whereas the report was rejected by the opposition; whereas the commission called for an investigation within the security forces and prosecution of those who had committed crimes, and recommended compensation for victims;

| I. | whereas political tensions have increased dramatically since the elections and reports of violence persist, seriously putting at risk the democratic trajectory initiated in the country; |
| --- | --- |

I.

whereas political tensions have increased dramatically since the elections and reports of violence persist, seriously putting at risk the democratic trajectory initiated in the country;

| J. | whereas the collapse of the economy, lack of access to social services, and the rise in the price of the most basic of commodities pushed people to anger; whereas between 14 and 18 January 2019, Zimbabwe witnessed a surge in protests and demonstrations during a so-called national shutdown at the initiative of the Zimbabwe Congress of Trade Unions (ZCTU), following a 150 % increase in fuel prices; whereas the protests were also in response to rising poverty, the poor state of the economy, and declining living standards; |
| --- | --- |

J.

whereas the collapse of the economy, lack of access to social services, and the rise in the price of the most basic of commodities pushed people to anger; whereas between 14 and 18 January 2019, Zimbabwe witnessed a surge in protests and demonstrations during a so-called national shutdown at the initiative of the Zimbabwe Congress of Trade Unions (ZCTU), following a 150 % increase in fuel prices; whereas the protests were also in response to rising poverty, the poor state of the economy, and declining living standards;

| K. | whereas, faced with this protest movement, on 14 January 2019 the government denounced a ‘deliberate plan to undermine the constitutional order’ and assured that it ‘will respond appropriately to those who conspire to sabotage peace’; |
| --- | --- |

K.

whereas, faced with this protest movement, on 14 January 2019 the government denounced a ‘deliberate plan to undermine the constitutional order’ and assured that it ‘will respond appropriately to those who conspire to sabotage peace’;

| L. | whereas the riot police responded with excessive violence and human rights abuses, including the use of live ammunition, arbitrary arrests, abductions, the raiding of medical facilities treating victims of the repression, fast-tracking and mass trials of those arrested, the torturing of people under arrest, cases of rape and the destruction of private and public property; |
| --- | --- |

L.

whereas the riot police responded with excessive violence and human rights abuses, including the use of live ammunition, arbitrary arrests, abductions, the raiding of medical facilities treating victims of the repression, fast-tracking and mass trials of those arrested, the torturing of people under arrest, cases of rape and the destruction of private and public property;

| M. | whereas the Human Rights Commission appointed by the government made public a report which reveals that soldiers and the police had used systematic torture; |
| --- | --- |

M.

whereas the Human Rights Commission appointed by the government made public a report which reveals that soldiers and the police had used systematic torture;

| N. | whereas more than 17 people have been killed and hundreds injured; whereas around one thousand people have been arrested, including children aged between 9 and 16, and about two thirds of those arrested were denied bail; whereas many are still being illegally detained and have allegedly been beaten and assaulted while in custody; |
| --- | --- |

N.

whereas more than 17 people have been killed and hundreds injured; whereas around one thousand people have been arrested, including children aged between 9 and 16, and about two thirds of those arrested were denied bail; whereas many are still being illegally detained and have allegedly been beaten and assaulted while in custody;

| O. | whereas evidence shows that the army has been largely responsible for the acts of murder, rape and armed robbery; whereas hundreds of activists and opposition officials remain in hiding; |
| --- | --- |

O.

whereas evidence shows that the army has been largely responsible for the acts of murder, rape and armed robbery; whereas hundreds of activists and opposition officials remain in hiding;

| P. | whereas the government’s response to protests has been widely condemned as ‘disproportionate’ and ‘excessive’ by human rights observers and local and international actors, including the EU; |
| --- | --- |

P.

whereas the government’s response to protests has been widely condemned as ‘disproportionate’ and ‘excessive’ by human rights observers and local and international actors, including the EU;

| Q. | whereas the interruption of telecommunications has become a tool used by the regime to block the coordination of demonstrations organised on social networks; whereas mobile and land-line communications, as well as the internet and social media channels, were repeatedly blocked to prevent access to information and communication and in order to mask the massive human rights violations which the state was preparing to commit; whereas the Zimbabwe High Court declared that the use of the Interception of Communications Act to suspend online communications was illegal; |
| --- | --- |

Q.

whereas the interruption of telecommunications has become a tool used by the regime to block the coordination of demonstrations organised on social networks; whereas mobile and land-line communications, as well as the internet and social media channels, were repeatedly blocked to prevent access to information and communication and in order to mask the massive human rights violations which the state was preparing to commit; whereas the Zimbabwe High Court declared that the use of the Interception of Communications Act to suspend online communications was illegal;

| R. | whereas the authorities organised a massive door-to-door search for protestors, dragging from their homes peaceful protestors, human rights defenders, political activists, prominent civil society leaders and their relatives; |
| --- | --- |

R.

whereas the authorities organised a massive door-to-door search for protestors, dragging from their homes peaceful protestors, human rights defenders, political activists, prominent civil society leaders and their relatives;

| S. | whereas neighbouring countries such as South Africa have become a hub for Zimbabweans fleeing political oppression and economic hardship; |
| --- | --- |

S.

whereas neighbouring countries such as South Africa have become a hub for Zimbabweans fleeing political oppression and economic hardship;

| T. | whereas the police have continuously misused existing laws, such as the Public Order and Security Act (POSA), to justify the curb on opposition members and human rights activists, and to ban lawful and peaceful demonstrations; |
| --- | --- |

T.

whereas the police have continuously misused existing laws, such as the Public Order and Security Act (POSA), to justify the curb on opposition members and human rights activists, and to ban lawful and peaceful demonstrations;

| U. | whereas Zimbabwe’s record with regard to human rights and democracy is one of the poorest in the word; whereas Zimbabwean people and human rights defenders continue to suffer attacks, hate speech, smear campaigns, acts of intimidation and harassment, and there have been regular reports of acts of torture; |
| --- | --- |

U.

whereas Zimbabwe’s record with regard to human rights and democracy is one of the poorest in the word; whereas Zimbabwean people and human rights defenders continue to suffer attacks, hate speech, smear campaigns, acts of intimidation and harassment, and there have been regular reports of acts of torture;

| V. | whereas the President called for a national dialogue that started on 6 February and invited all political parties to take part, but the Movement for Democratic Change (MDC), the main opposition party, refused to participate; |
| --- | --- |

V.

whereas the President called for a national dialogue that started on 6 February and invited all political parties to take part, but the Movement for Democratic Change (MDC), the main opposition party, refused to participate;

| W. | whereas Zimbabwe is a signatory to the Cotonou Agreement, Article 96 of which stipulates that respect for human rights and fundamental freedoms is an essential element of ACP-EU cooperation; |
| --- | --- |

W.

whereas Zimbabwe is a signatory to the Cotonou Agreement, Article 96 of which stipulates that respect for human rights and fundamental freedoms is an essential element of ACP-EU cooperation;

| 1. | Underlines its unanimous desire for Zimbabwe to become a peaceful, democratic and prosperous nation in which all citizens are treated well and equally under the law and where the organs of the state act on behalf of the citizens and not against them; |
| --- | --- |

1.

| 2. | Strongly condemns the violence that occurred during the recent protests in Zimbabwe; firmly believes that peaceful protest is part of a democratic process and that excessive force in response must be avoided in all circumstances; |
| --- | --- |

2.

| 3. | Urges President Mnangagwa to remain true to his inaugural promises, to move rapidly to take control of the situation and to put Zimbabwe back on a path of reconciliation and respect for democracy and the rule of law; |
| --- | --- |

3.

| 4. | Urges the Zimbabwean authorities to put an immediate end to abuses by security forces and to promptly and impartially investigate all allegations of excessive use of force by police and state officials in order to establish individual responsibilities, with a view to ensuring accountability; recalls that the country’s constitution establishes an independent body to investigate complaints of police and military misconduct, but that the government has yet to set it up; |
| --- | --- |

4.

| 5. | Urges the Government of Zimbabwe to withdraw urgently all military personnel and the youth militia deployed across the country that are terrorising residents in clear violation of the Zimbabwean Constitution; |
| --- | --- |

5.

| 6. | Believes that freedom of assembly, association and expression are essential components of any democracy; stresses that expressing an opinion in a non-violent way is a constitutional right for all Zimbabwean citizens and reminds the authorities of their obligation to protect the right of all citizens to protest against their deteriorating social and economic conditions; calls on the government to put an end to the specific targeting of leaders and members of the ZCTU; |
| --- | --- |

6.

| 7. | Underlines the fundamental role that the opposition plays in a democratic society; |
| --- | --- |

7.

| 8. | Urges the Zimbabwean authorities to immediately and unconditionally release all political prisoners; |
| --- | --- |

8.

| 9. | Calls on the Government of Zimbabwe to immediately stop the harassment and criminalisation of civil society actors and recognise the legitimate role of human rights defenders; |
| --- | --- |

9.

| 10. | Asks the Zimbabwean Government to conform to the provisions of the UN Declaration on Human Rights Defenders and the international human rights instruments ratified by Zimbabwe; |
| --- | --- |

10.

| 11. | Is deeply concerned about reported violations of due process through fast-tracking and mass trials; insists that the judiciary must uphold the rule of law and ensure that its independence and the right to a fair trial is respected in all circumstances; denounces all arrests made without bringing forward charges; |
| --- | --- |

11.

| 12. | Calls on the Zimbabwean authorities to undertake a prompt, thorough, impartial and independent investigation into allegations of human rights violations and abuses, including rape and sexual violence by security forces, and to bring those responsible to justice; demands that access to medical services should be universally provided to the victims of such sexual violence without fear of retribution; |
| --- | --- |

12.

| 13. | Condemns the internet shutdown that allowed the authorities to conceal the human rights abuses committed by the army and internal security forces and to obstruct independent reporting and documentation of abuses during the crackdown and immediately after the election; stresses that access to information is a right that must be respected by the authorities in accordance with their constitutional and international obligations; |
| --- | --- |

13.

| 14. | Denounces the abusive use and restrictive nature of POSA, and urges the Zimbabwean authorities to align legislation with international standards for the protection and promotion of human rights; |
| --- | --- |

14.

| 15. | Expresses particular concern at the economic and social situation in Zimbabwe; recalls that the country’s main problems are poverty, unemployment and chronic malnutrition and hunger; considers that these problems can only be solved through the implementation of ambitious policies on employment, education, health and agriculture; |
| --- | --- |

15.

| 16. | Calls on all political actors to exercise responsibility and restraint, and in particular to refrain from inciting violence; |
| --- | --- |

16.

| 17. | Reminds the Government of Zimbabwe that the support of the European Union and its Member States in the context of the Cotonou Agreement, and for trade, development, and economic assistance, is conditional on its respecting the rule of law and the international conventions and treaties to which it is party; |
| --- | --- |

17.

| 18. | Recalls that long-term support hinges on comprehensive reforms rather than mere promises; calls for European engagement with Zimbabwe to be value-driven and firm in its positioning towards the Zimbabwean authorities; |
| --- | --- |

18.

| 19. | Urges the government to immediately implement the recommendations on post-election violence made by the Commission of Inquiry, in particular the promotion of political tolerance and accountable leadership, and the setting up of a national dialogue conducted in a credible, inclusive, transparent and accountable way; |
| --- | --- |

19.

| 20. | Notes the government’s will to deliver on reform commitments; stresses, however, that these reforms should be political as well as economic; encourages the government, the opposition, civil society representatives and religious leaders to engage on an equal footing in a national dialogue in which human rights are respected and protected; |
| --- | --- |

20.

| 21. | Calls on the government to fully implement the recommendations made by the EU EOM, especially with regard to the rule of law and an inclusive political environment; underlines the ten priority recommendations identified by the EOM and set out in the letter of 10 October 2018 from the Chief Observer to President Mnangagwa — namely, in order to create a level playing field for all political parties, to ensure a clearer and coherent legal framework; to strengthen ZEC by making it truly independent and transparent, thereby restoring confidence in the electoral process; to ensure that strengthening ZEC’s independence makes it free from governmental oversight in the approval of its regulations; and to create a more inclusive electoral process; |
| --- | --- |

21.

| 22. | Calls on the EU delegation and EU Member State embassies in Zimbabwe to continue their close monitoring of developments in the country and to use all appropriate tools to support human rights defenders, civil society organisations and trade unions, to promote the essential elements of the Cotonou Agreement and to support pro-democracy movements; |
| --- | --- |

22.

| 23. | Calls on the EU to step up its political dialogue with Zimbabwe on human rights on the basis of Article 8 of the Cotonou Agreement; |
| --- | --- |

23.

| 24. | Calls on the European Council to review its restrictive measures against individuals and entities in Zimbabwe, including those measures currently suspended, in the light of accountability for recent state violence; |
| --- | --- |

24.

| 25. | Urges the international community, notably the Southern African Development Community (SADC) and the African Union (AU), to give more active assistance to Zimbabwe to find a sustainable democratic solution to the current crisis; |
| --- | --- |

25.

| 26. | Urges neighbouring countries to comply with the provisions of international law and to protect those fleeing violence in Zimbabwe with the provision of asylum, especially in the short term; |
| --- | --- |

26.

| 27. | 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 EEAS, the Government and the Parliament of Zimbabwe, the governments of the South African Development Community and the African Union, and the Secretary-General of the Commonwealth. |
| --- | --- |

27.

---

(1)  OJ L 42, 18.2.2017, p. 11.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/133 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/133

---

P8_TA(2019)0117

Women's rights defenders in Saudi Arabia

European Parliament resolution of 14 February 2019 on women’s rights defenders in Saudi Arabia (2019/2564(RSP))

(2020/C 449/17)

The European Parliament,

| — | having regard to its previous resolutions on Saudi Arabia, in particular those of 11 March 2014 on Saudi Arabia, its relations with the EU and its role in the Middle East and North Africa (1), of 12 February 2015 on the case of Mr Raif Badawi, Saudi Arabia (2), of 8 October 2015 on the case of Ali Mohammed al-Nimr (3), of 31 May 2018 on the situation of women’s rights defenders in Saudi Arabia (4), and of 25 October 2018 on the killing of journalist Jamal Khashoggi in the Saudi consulate in Istanbul (5), |
| --- | --- |

—

having regard to its previous resolutions on Saudi Arabia, in particular those of 11 March 2014 on Saudi Arabia, its relations with the EU and its role in the Middle East and North Africa (1), of 12 February 2015 on the case of Mr Raif Badawi, Saudi Arabia (2), of 8 October 2015 on the case of Ali Mohammed al-Nimr (3), of 31 May 2018 on the situation of women’s rights defenders in Saudi Arabia (4), and of 25 October 2018 on the killing of journalist Jamal Khashoggi in the Saudi consulate in Istanbul (5),

| — | having regard to the statements of 29 May 2018 by the Spokesperson for the UN High Commissioner for Human Rights on recent arrests in Saudi Arabia, and of 31 July 2018 on the arbitrary detentions of human rights defenders and activists in Saudi Arabia, including women’s rights activists, |
| --- | --- |

—

having regard to the statements of 29 May 2018 by the Spokesperson for the UN High Commissioner for Human Rights on recent arrests in Saudi Arabia, and of 31 July 2018 on the arbitrary detentions of human rights defenders and activists in Saudi Arabia, including women’s rights activists,

| — | having regard to the statement of 12 October 2018 by several UN Special Rapporteurs calling for the immediate release of all women’s rights defenders, |
| --- | --- |

—

having regard to the statement of 12 October 2018 by several UN Special Rapporteurs calling for the immediate release of all women’s rights defenders,

| — | having regard the report by the Office of the United Nations High Commissioner for Human Rights (OHCHR) of December 2017, |
| --- | --- |

—

having regard the report by the Office of the United Nations High Commissioner for Human Rights (OHCHR) of December 2017,

| — | having regard to Saudi Arabia’s membership of the UN Human Rights Council and of the UN Commission on the Status of Women (CSW), as well as its membership of the Executive Council of the CSW as of January 2019, |
| --- | --- |

—

having regard to Saudi Arabia’s membership of the UN Human Rights Council and of the UN Commission on the Status of Women (CSW), as well as its membership of the Executive Council of the CSW as of January 2019,

| — | having regard to the speech by Commissioner Christos Stylianides, on behalf of the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), in the European Parliament debate of 4 July 2017 on Saudi Arabia’s election as a member of the CSW, |
| --- | --- |

—

having regard to the speech by Commissioner Christos Stylianides, on behalf of the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), in the European Parliament debate of 4 July 2017 on Saudi Arabia’s election as a member of the CSW,

| — | having regard to the opening speech of the VP/HR at the 5th EU-League of Arab States ministerial meeting stating: ‘and let me say that cooperation between Europe and the Arab world was never so important and, I believe, has never been so necessary’, |
| --- | --- |

—

having regard to the opening speech of the VP/HR at the 5th EU-League of Arab States ministerial meeting stating: ‘and let me say that cooperation between Europe and the Arab world was never so important and, I believe, has never been so necessary’,

| — | having regard to the UN Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), |
| --- | --- |

—

having regard to the UN Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW),

| — | having regard to the concluding observations of 9 March 2018 of the Committee on the Elimination of All Forms of Discrimination against Women on the combined third and fourth periodic reports of Saudi Arabia, |
| --- | --- |

—

having regard to the concluding observations of 9 March 2018 of the Committee on the Elimination of All Forms of Discrimination against Women on the combined third and fourth periodic reports of Saudi Arabia,

| — | having regard to the report of the Detention Review Panel into Women Activist Detainees in Saudi Arabia, |
| --- | --- |

—

having regard to the report of the Detention Review Panel into Women Activist Detainees in Saudi Arabia,

| — | having regard to the anti-harassment bill approved by the Saudi Shura Council on 28 May 2018, |
| --- | --- |

—

having regard to the anti-harassment bill approved by the Saudi Shura Council on 28 May 2018,

| — | having regard to the Universal Periodic Review (UPR) of Saudi Arabia of November 2018, |
| --- | --- |

—

having regard to the Universal Periodic Review (UPR) of Saudi Arabia of November 2018,

| — | having regard to the Reporters Without Borders 2018 World Press Freedom Index ranking Saudi Arabia 169th of 180 countries, |
| --- | --- |

—

having regard to the Reporters Without Borders 2018 World Press Freedom Index ranking Saudi Arabia 169th of 180 countries,

| — | having regard to the International Covenant on Civil and Political Rights (ICCPR) of 1966, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights (ICCPR) of 1966,

| — | having regard to the International Covenant on Economic, Social and Cultural Rights ICESCR) of 1966, |
| --- | --- |

—

having regard to the International Covenant on Economic, Social and Cultural Rights ICESCR) of 1966,

| — | 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 EU Guidelines on Human Rights Defenders, |
| --- | --- |

—

having regard to the EU Guidelines on Human Rights Defenders,

| — | having regard to the awarding of the Sakharov Prize for Freedom of Thought and Expression to the Saudi blogger Raif Badawi in 2015, |
| --- | --- |

—

having regard to the awarding of the Sakharov Prize for Freedom of Thought and Expression to the Saudi blogger Raif Badawi in 2015,

| — | having regard to Rules 135(5) and 123(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 135(5) and 123(4) of its Rules of Procedure,

| A. | whereas activists arrested by the Saudi authorities for their women’s rights activism remain detained without charge; whereas the activists include Loujain al-Hathloul, Aziza al-Yousef, Eman al-Nafjan, Nouf Abdulaziz, Mayaa al-Zahrani, Samar Badawi, Nassima al-Sada, Shadan al-Anezi, Abir Namankani, Amal al-Harbi and Hatoon al-Fassi, all of whom are women’s rights activists, as well as male supporters of the movement, including Mohammed al-Rabea; whereas these activists are known for their campaign against the ban on women driving and support of abolishing the male guardianship system; whereas they were arrested ahead of the anticipated lifting of the ban on women driving on 24 June 2018; whereas some of them will reportedly be referred for trial to the Specialised Criminal Court which was originally established to try detainees held in connection with terrorism offences; |
| --- | --- |

A.

whereas activists arrested by the Saudi authorities for their women’s rights activism remain detained without charge; whereas the activists include Loujain al-Hathloul, Aziza al-Yousef, Eman al-Nafjan, Nouf Abdulaziz, Mayaa al-Zahrani, Samar Badawi, Nassima al-Sada, Shadan al-Anezi, Abir Namankani, Amal al-Harbi and Hatoon al-Fassi, all of whom are women’s rights activists, as well as male supporters of the movement, including Mohammed al-Rabea; whereas these activists are known for their campaign against the ban on women driving and support of abolishing the male guardianship system; whereas they were arrested ahead of the anticipated lifting of the ban on women driving on 24 June 2018; whereas some of them will reportedly be referred for trial to the Specialised Criminal Court which was originally established to try detainees held in connection with terrorism offences;

| B. | whereas human rights defender Israa al-Ghomgham, from the region of Qatif, is still facing arbitrary detention; whereas the death penalty imposed on her has recently been dropped, but unspecified charges are still being levelled against her; whereas there are concerns about Ms al-Ghomgham’s physical and mental wellbeing; |
| --- | --- |

B.

whereas human rights defender Israa al-Ghomgham, from the region of Qatif, is still facing arbitrary detention; whereas the death penalty imposed on her has recently been dropped, but unspecified charges are still being levelled against her; whereas there are concerns about Ms al-Ghomgham’s physical and mental wellbeing;

| C. | whereas reports maintain that Saudi interrogators have tortured, maltreated and sexually abused at least three of the women activists detained in May 2018; whereas family members of the women activists, such as the parents of Loujain al-Hathloul, are subject to travel bans; |
| --- | --- |

C.

whereas reports maintain that Saudi interrogators have tortured, maltreated and sexually abused at least three of the women activists detained in May 2018; whereas family members of the women activists, such as the parents of Loujain al-Hathloul, are subject to travel bans;

| D. | whereas Saudi Arabia’s Ministry of Media has dismissed the allegations of torture of detainees in the Kingdom as baseless reports; |
| --- | --- |

D.

whereas Saudi Arabia’s Ministry of Media has dismissed the allegations of torture of detainees in the Kingdom as baseless reports;

| E. | whereas activist Loujain al-Hathloul has been detained since March 2018 after attending a review session on Saudi Arabia at the UN Committee on the Elimination of Discrimination against Women; whereas she was placed in solitary confinement between May and September 2018, during which time her parents report that she was tortured; |
| --- | --- |

E.

whereas activist Loujain al-Hathloul has been detained since March 2018 after attending a review session on Saudi Arabia at the UN Committee on the Elimination of Discrimination against Women; whereas she was placed in solitary confinement between May and September 2018, during which time her parents report that she was tortured;

| F. | whereas a delegation from the Saudi Human Rights Commission visited Loujain al-Hathloul after the publication of the reports about her torture; whereas they could not guarantee her protection; whereas a public prosecutor subsequently visited her to record her testimony; |
| --- | --- |

F.

whereas a delegation from the Saudi Human Rights Commission visited Loujain al-Hathloul after the publication of the reports about her torture; whereas they could not guarantee her protection; whereas a public prosecutor subsequently visited her to record her testimony;

| G. | whereas Loujain al-Hathloul has been nominated for the 2019 Nobel Peace Prize; |
| --- | --- |

G.

whereas Loujain al-Hathloul has been nominated for the 2019 Nobel Peace Prize;

| H. | whereas Saudi Arabia still has some of the tightest restrictions imposed on women, in spite of recent government reforms aimed at boosting women’s rights in the employment sector; whereas the Saudi political and social system remains discriminatory, effectively making women into second-class citizens, allows no freedom of religion and belief, seriously discriminates against the country’s large foreign workforce and severely represses all voices of dissent; |
| --- | --- |

H.

whereas Saudi Arabia still has some of the tightest restrictions imposed on women, in spite of recent government reforms aimed at boosting women’s rights in the employment sector; whereas the Saudi political and social system remains discriminatory, effectively making women into second-class citizens, allows no freedom of religion and belief, seriously discriminates against the country’s large foreign workforce and severely represses all voices of dissent;

| I. | whereas Saudi Arabia has a range of discriminatory laws, in particular the legal provisions relating to personal status, the situation of women migrant workers, the Civil Status Code, the Labour Code, the Nationality Act and the system of male guardianship, under which women’s enjoyment of the majority of their rights under CEDAW is subject to authorisation by a male guardian; |
| --- | --- |

I.

whereas Saudi Arabia has a range of discriminatory laws, in particular the legal provisions relating to personal status, the situation of women migrant workers, the Civil Status Code, the Labour Code, the Nationality Act and the system of male guardianship, under which women’s enjoyment of the majority of their rights under CEDAW is subject to authorisation by a male guardian;

| J. | whereas under the male guardianship system, Saudi women are deprived of even the most basic control over their lives; whereas discriminatory laws relating to marriage and divorce remain in place, and women are required by law to obtain the permission of a male guardian to enrol in higher education, seek employment, travel or marry; whereas Saudi women with foreign spouses, unlike their male counterparts, cannot pass on their nationality to their children or spouses; |
| --- | --- |

J.

whereas under the male guardianship system, Saudi women are deprived of even the most basic control over their lives; whereas discriminatory laws relating to marriage and divorce remain in place, and women are required by law to obtain the permission of a male guardian to enrol in higher education, seek employment, travel or marry; whereas Saudi women with foreign spouses, unlike their male counterparts, cannot pass on their nationality to their children or spouses;

| K. | whereas Saudi Arabia’s general reservation to CEDAW is, according to the Committee on the Elimination of Discrimination against Women, incompatible with the object and purpose of the Convention and impermissible under Article 28 thereof; |
| --- | --- |

K.

whereas Saudi Arabia’s general reservation to CEDAW is, according to the Committee on the Elimination of Discrimination against Women, incompatible with the object and purpose of the Convention and impermissible under Article 28 thereof;

| L. | whereas since Crown Prince Mohammed bin Salman Al Saud came to power in June 2017, many outspoken human rights defenders, activists and critics have been arbitrarily detained, or unjustly sentenced to lengthy prison terms simply for exercising their right to freedom of expression; |
| --- | --- |

L.

whereas since Crown Prince Mohammed bin Salman Al Saud came to power in June 2017, many outspoken human rights defenders, activists and critics have been arbitrarily detained, or unjustly sentenced to lengthy prison terms simply for exercising their right to freedom of expression;

| M. | whereas the Vision 2030 reform agenda, which aims to bring about the economic and social transformation of the country, including through women’s empowerment, should have been a real opportunity for Saudi women to secure their legal emancipation, which is absolutely crucial for the full enjoyment of their rights under CEDAW; whereas, however, the recent wave of arrests and alleged torture of women’s rights activists runs counter to this aim, and may distract from the reform agenda; whereas the Vision 2030 decree lacks a proper legal framework; |
| --- | --- |

M.

whereas the Vision 2030 reform agenda, which aims to bring about the economic and social transformation of the country, including through women’s empowerment, should have been a real opportunity for Saudi women to secure their legal emancipation, which is absolutely crucial for the full enjoyment of their rights under CEDAW; whereas, however, the recent wave of arrests and alleged torture of women’s rights activists runs counter to this aim, and may distract from the reform agenda; whereas the Vision 2030 decree lacks a proper legal framework;

| N. | whereas freedom of expression and freedom of the press and media, both online and offline, are crucial preconditions and catalysts for democratisation and reform, and are essential checks on power; |
| --- | --- |

N.

whereas freedom of expression and freedom of the press and media, both online and offline, are crucial preconditions and catalysts for democratisation and reform, and are essential checks on power;

| O. | whereas Saudi Arabia has one of the highest execution rates in the world; whereas between 2014 and 2017, the average number of executions per year was at least 126; whereas the authorities impose the death penalty for non-violent offences, such as drug smuggling, treason, and adultery; whereas offences such as apostasy, which under international human rights law should not be criminalised, have also resulted in the application of the death penalty; |
| --- | --- |

O.

whereas Saudi Arabia has one of the highest execution rates in the world; whereas between 2014 and 2017, the average number of executions per year was at least 126; whereas the authorities impose the death penalty for non-violent offences, such as drug smuggling, treason, and adultery; whereas offences such as apostasy, which under international human rights law should not be criminalised, have also resulted in the application of the death penalty;

| P. | whereas Saudi Arabia’s UN Human Development Index value for 2018 is 0,853 — positioning it 39th out of 188 countries and territories; whereas Saudi Arabia has a UN Gender Inequality Index value of 0,234, ranking it 39th out of 189 countries in the 2017 index; whereas the country has a UN Gender Development Index (GDI) of 0,877 (ranked 39th in the world); |
| --- | --- |

P.

whereas Saudi Arabia’s UN Human Development Index value for 2018 is 0,853 — positioning it 39th out of 188 countries and territories; whereas Saudi Arabia has a UN Gender Inequality Index value of 0,234, ranking it 39th out of 189 countries in the 2017 index; whereas the country has a UN Gender Development Index (GDI) of 0,877 (ranked 39th in the world);

| 1. | Strongly condemns the detention of the women human rights defenders who campaigned for the lifting of the driving ban, as well as of all peaceful human rights defenders, journalists, lawyers and activists, and expresses its shock at the credible reports of systematic torture against several of them, including Loujain al-Hathloul; |
| --- | --- |

1.

| 2. | Calls on the Saudi authorities to immediately and unconditionally release these women’s rights defenders and all human rights defenders, lawyers, journalists and other prisoners of conscience detained and sentenced merely for exercising their right to freedom of expression and for their peaceful human rights work, and to allow international independent monitors to meet with detained women human rights defenders; |
| --- | --- |

2.

| 3. | Urges the Saudi authorities to facilitate the access of independent medical doctors to the detainees; emphasises that the treatment of all detainees, including human rights defenders, while in detention, must adhere to the conditions set out in the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment adopted by means of UN General Assembly Resolution 43/173 of 9 December 1988; |
| --- | --- |

3.

| 4. | Insists that independent monitors should include observers from the EU Delegation to Saudi Arabia or the EU institutions, as well as UN human rights mandate-holders, such as the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, or international NGOs; |
| --- | --- |

4.

| 5. | Insists that the Saudi Authorities put an end to all forms of harassment, including at judicial level, against Loujain al-Hathloul, Aziza al-Yousef, Eman al-Nafjan, Nouf Abdulaziz, Mayaa al-Zahrani, Samar Badawi, Nassima al-Sada, Shadan al-Anezi, Abir Namankani, Amal al-Harbi, Hatoon al-Fassi, Israa Al-Ghomgham, Mohammed al-Rabea and all other human rights defenders in the country, so that they are able to carry out their work without unjustified hindrance or fear of reprisals against them and their families; |
| --- | --- |

5.

| 6. | Condemns the ongoing repression and torture of human rights defenders, including women’s rights defenders, in Saudi Arabia, which undermines the credibility of the reform process in the country; denounces the continued systemic discrimination against women and girls in Saudi Arabia; |
| --- | --- |

6.

| 7. | Urges Saudi Arabia to publicly guarantee the safety of all detained activists, allow the detained women access to lawyers and family members, provide evidence of their wellbeing, and release those jailed solely for peacefully advocating reform; |
| --- | --- |

7.

| 8. | Praises and supports the Saudi women’s rights defenders who are seeking equal and fair treatment in their society and those who have defended human rights despite the difficulties they have to face; |
| --- | --- |

8.

| 9. | Is deeply concerned about the prevalence of gender-based violence in Saudi Arabia, which remains largely underreported and undocumented, and which has been justified citing retrograde reasons such as the need to discipline women under men’s guardianship; urges the Saudi authorities to adopt comprehensive legislation to specifically define and criminalise all forms of gender-based violence against women, in particular female genital mutilation, rape, including marital rape, sexual assault and sexual harassment, and to remove all the obstacles women face in their access to justice; expresses profound disquiet about the reports of a prevailing practice of child marriage; |
| --- | --- |

9.

| 10. | Deplores the existence of the male guardianship system, whereby authorisation from a male guardian is still expected in a number of areas, including international travel, accessing healthcare services, choosing one’s residency, marriage, filing complaints with the justice system, and leaving state-run shelters for abused women and detention centres; underlines that this system is a reflection of the deep-rooted patriarchal system that rules the country; urges the Saudi Government to immediately abolish the male guardianship system and repeal other laws that discriminate against women and girls; |
| --- | --- |

10.

| 11. | Notes the recent adoption of a law under which Saudi women can be notified by text message if they are being divorced, to protect them from having their marriage ended without their knowledge; emphasises that this law does nothing to address the fact that Saudi women can only obtain divorces in exceedingly limited cases, such as with their husband’s consent or if their husband has harmed them; |
| --- | --- |

11.

| 12. | Expresses concern over the government web services with which male guardians can track women, specify when and how they can cross Saudi borders, and get close to real-time SMS updates when they travel; |
| --- | --- |

12.

| 13. | Welcomes the lifting of the driving ban for women inside the Kingdom as part of the Vision 2030 agenda; |
| --- | --- |

13.

| 14. | Calls on the Saudi authorities to revise the Law on Associations and Foundations of December 2015 in order to allow women activists to organise themselves and to work freely and independently without undue interference by the authorities; further urges the revision of the Anti-Terrorist Law, the Anti-Cybercrime Law and the Press and Publications Law, which are repeatedly used to prosecute human rights defenders, as well as of all discriminatory provisions present in the legal system, including in areas such as inheritance; |
| --- | --- |

14.

| 15. | Calls on the Saudi authorities to ratify the ICCPR, lift the reservations made to CEDAW and ratify the Optional Protocol to CEDAW, so that Saudi women can fully enjoy the rights enshrined in the Convention, and to end child marriages, forced marriages and the compulsory dress code for women; urges Saudi Arabia to extend a standing invitation to all Special Procedures of the UN Human Rights Council to visit the country; |
| --- | --- |

15.

| 16. | Stresses that the exercise of the rights to freedom of expression and of peaceful association and assembly are protected under international human rights law; calls on the Saudi authorities to allow independent press and media and ensure freedom of expression online and offline, as well as freedom of association and peaceful assembly for all inhabitants of Saudi Arabia; urges the Saudi authorities to remove the restrictions placed on human rights defenders, which prohibit them from speaking out on social media and to the international media; |
| --- | --- |

16.

| 17. | Calls on the Saudi authorities to introduce an immediate moratorium on the use of the death penalty as a step towards its abolition; calls for a review of all death sentences to ensure that the trials preceding them adhered to international standards; |
| --- | --- |

17.

| 18. | Recommends sending an ad-hoc delegation from the Subcommittee on Human Rights (DROI) and the Committee on Women’s Rights and Gender Equality (FEMM) before the end of the current mandate to Saudi Arabia in order to visit the imprisoned women and hold the necessary meetings with the Saudi authorities; |
| --- | --- |

18.

| 19. | Takes note of the EU-Saudi engagement and encourages further dialogue; |
| --- | --- |

19.

| 20. | Regrets the inefficient statements by the European External Action Service (EEAS) and the Member States on the cases of the women human rights defenders detained since May 2018; |
| --- | --- |

20.

| 21. | Calls on the VP/HR, the EEAS and the Member States to bring up the cases of Loujain al-Hathloul, Eman al-Nafjan, Aziza al-Yousef, Samar Badawi, Nassima al-Sada and all other women human rights defenders in their dialogues with the Saudi authorities, and to demand their release; insists that, pending their release, EU diplomats should call on the Saudi authorities to guarantee their safety and to pursue full investigations into the reports of torture; |
| --- | --- |

21.

| 22. | Calls for the Commission and Parliament to look into the lack of listings of Saudi Arabia within the EU transparency register; |
| --- | --- |

22.

| 23. | Calls on the VP/HR, the EEAS and the Member States to bring up the cases of Israa al-Ghomgham, her husband Mousa al-Hashim, and their four co-defendants Ahmed al-Matrood, Ali Ouwaisher, Khalid al-Ghanim and Mujtaba al-Muzain in their dialogues with the Saudi authorities and to demand their release; calls, furthermore, for the case of Sheikh Salman al-Awda to be brought up and for his release to be demanded; |
| --- | --- |

23.

| 24. | Calls on the VP/HR, the EEAS and the Member States to establish a unified position to ensure that the European diplomatic services in Saudi Arabia systematically use the mechanisms envisaged in the EU Guidelines on Human Rights Defenders, including public statements, diplomatic démarches, monitoring of trials and prison visits, in relation to the Saudi women’s rights defenders detained since May 2018; |
| --- | --- |

24.

| 25. | Calls for a European Parliament resolution to be tabled on the situation of human rights defenders in Saudi Arabia at the next session of the UN Human Rights Council; calls for the EU, at the next Human Rights Council and at the Commission on the Status of Women, to raise the issue of membership of states with questionable human rights records, including in relation to respect for women’s rights and gender equality; calls for the EU to propose the appointment of a Special Rapporteur on Human Rights in Saudi Arabia at the UN Human Rights Council; |
| --- | --- |

25.

| 26. | Calls, once again, on the Saudi authorities to put a stop to any further flogging of Raif Badawi, and to release him immediately and unconditionally; insists that all senior representatives of the EU, notably the VP/HR and all Commissioners, systematically raise the case of Raif Badawi in their contacts with their Saudi counterparts, and request to meet with him during their visits to the country; commits to stepping up its efforts in support of his release; calls on its President to travel to Riyadh in order to bring up the case of the Sakharov Prize laureates directly with the authorities; |
| --- | --- |

26.

| 27. | Calls on the VP/HR, the EEAS and the Member States to ensure full implementation of the EU Guidelines on Human Rights Defenders, and to expand their protection and support for human rights defenders, particularly women human rights defenders; calls on the VP/HR to report on the current state of military and security cooperation between the Member States and the Saudi regime; |
| --- | --- |

27.

| 28. | Reiterates its call for the Council to reach a common position in order to impose an EU-wide arms embargo on Saudi Arabia, and to respect Common Position 2008/944/CFSP (6); calls for an embargo on the export of surveillance systems and other dual-use items that may be used in Saudi Arabia for the purposes of the repression of its citizens, including women human rights defenders; is alarmed by the use of these weapons and of cyber surveillance technology by the Saudi Arabian authorities; reminds the Member States that their continued arms deals with Saudi Arabia are in contravention of the EU’s common position on arms exports; calls for the EEAS to propose, and for the Council to adopt, the use of restricted measures against Saudi Arabia in response to breaches of human rights, including asset freezes and visa bans; |
| --- | --- |

28.

| 29. | Urges the VP/HR, the EEAS and the Member States to continue conducting a dialogue with Saudi Arabia on human rights, fundamental freedoms and the troubling role of the country in the region; expresses its readiness to hold a constructive and open dialogue with the Saudi authorities, including parliamentarians, on the implementation of their international human rights commitments; calls for an exchange of expertise on justice and legal matters in order to strengthen the protection of individual rights in Saudi Arabia; |
| --- | --- |

29.

| 30. | 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 European External Action Service, the UN Secretary-General, the UN High Commissioner for Human Rights, the Commission on the Status of Women, the UN Human Rights Council, H.M. King Salman bin Abdulaziz Al Saud and Crown Prince Mohammad bin Salman Al Saud, the Government of the Kingdom of Saudi Arabia, and the Secretary-General of the Centre for National Dialogue of the Kingdom of Saudi Arabia. |
| --- | --- |

30.

---

(1)  OJ C 378, 9.11.2017, p. 64.

(2)  OJ C 310, 25.8.2016, p. 29.

(3)  OJ C 349, 17.10.2017, p. 34.

(4)  Texts adopted, P8_TA(2018)0232.

(5)  Texts adopted, P8_TA(2018)0434.

(6)  Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment, OJ L 335, 13.12.2008, p. 99.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/139 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/139

---

P8_TA(2019)0127

The right to peaceful protest and the proportionate use of force

European Parliament resolution of 14 February 2019 on the right to peaceful protest and the proportionate use of force (2019/2569(RSP))

(2020/C 449/18)

The European Parliament,

| — | having regard to the EU Treaties, and in particular Articles 2, 3, 4, 6 and 7 of the Treaty on European Union (TEU), |
| --- | --- |

—

having regard to the EU Treaties, and in particular Articles 2, 3, 4, 6 and 7 of the Treaty on European Union (TEU),

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

—

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

| — | having regard to the European Convention on Human Rights (ECHR) and the related case-law of the European Court of Human Rights (ECtHR), |
| --- | --- |

—

having regard to the European Convention on Human Rights (ECHR) and the related case-law of the European Court of Human Rights (ECtHR),

| — | having regard to its resolution of 16 January 2019 on the situation of fundamental rights in the European Union in 2017 (1), |
| --- | --- |

—

having regard to its resolution of 16 January 2019 on the situation of fundamental rights in the European Union in 2017 (1),

| — | having regard to Rule 123(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 123(2) of its Rules of Procedure,

| A. | whereas the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities; whereas these values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail; |
| --- | --- |

A.

whereas the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities; whereas these values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail;

| B. | whereas the rule of law is the backbone of democracy and is one of the founding principles of the EU, operating on the basis of the presumption of mutual trust that Member States uphold respect for democracy, the rule of law and fundamental rights, as enshrined in the Charter and the ECHR; |
| --- | --- |

B.

whereas the rule of law is the backbone of democracy and is one of the founding principles of the EU, operating on the basis of the presumption of mutual trust that Member States uphold respect for democracy, the rule of law and fundamental rights, as enshrined in the Charter and the ECHR;

| C. | whereas the EU is committed to respecting freedom of expression and information, as well as freedom of assembly and association; |
| --- | --- |

C.

whereas the EU is committed to respecting freedom of expression and information, as well as freedom of assembly and association;

| D. | whereas Article 11 of the ECHR and Article 12 of the Charter state that everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and join trade unions for the protection of his or her interests; |
| --- | --- |

D.

whereas Article 11 of the ECHR and Article 12 of the Charter state that everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and join trade unions for the protection of his or her interests;

| E. | whereas Article 11 of the ECHR states that ‘no restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others’; |
| --- | --- |

E.

whereas Article 11 of the ECHR states that ‘no restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others’;

| F. | whereas Article 11 of the ECHR also states that the freedom of assembly ‘shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the state’; |
| --- | --- |

F.

whereas Article 11 of the ECHR also states that the freedom of assembly ‘shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the state’;

| G. | whereas Article 12 of the Charter also states that ‘political parties at Union level contribute to expressing the political will of the citizens of the Union’; |
| --- | --- |

G.

whereas Article 12 of the Charter also states that ‘political parties at Union level contribute to expressing the political will of the citizens of the Union’;

| H. | whereas freedom of association should be protected; whereas a vibrant civil society and pluralistic media play a vital role in promoting an open and pluralistic society and public participation in the democratic process, and in strengthening the accountability of governments; |
| --- | --- |

H.

whereas freedom of association should be protected; whereas a vibrant civil society and pluralistic media play a vital role in promoting an open and pluralistic society and public participation in the democratic process, and in strengthening the accountability of governments;

| I. | whereas freedom of assembly goes hand in hand with freedom of expression, as ensured by Article 11 of the Charter and Article 10 of the ECHR, stating that everyone has the right to freedom of expression, which includes the freedom to hold opinions and to receive and impart information and ideas without interference by public authorities and regardless of frontiers; |
| --- | --- |

I.

whereas freedom of assembly goes hand in hand with freedom of expression, as ensured by Article 11 of the Charter and Article 10 of the ECHR, stating that everyone has the right to freedom of expression, which includes the freedom to hold opinions and to receive and impart information and ideas without interference by public authorities and regardless of frontiers;

| J. | whereas the exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary, as prescribed by Article 10 of the ECHR; |
| --- | --- |

J.

whereas the exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary, as prescribed by Article 10 of the ECHR;

| K. | whereas Article 52 of the Charter states that ‘any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms’; |
| --- | --- |

K.

whereas Article 52 of the Charter states that ‘any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms’;

| L. | whereas, in accordance with Article 4(2) of the TEU, the EU ‘shall respect [the Member States’] essential state functions, including ensuring the territorial integrity of the state, maintaining law and order and safeguarding national security’; whereas ‘in particular, national security remains the sole responsibility of each Member State’; |
| --- | --- |

L.

whereas, in accordance with Article 4(2) of the TEU, the EU ‘shall respect [the Member States’] essential state functions, including ensuring the territorial integrity of the state, maintaining law and order and safeguarding national security’; whereas ‘in particular, national security remains the sole responsibility of each Member State’;

| M. | whereas according to the case law of the ECtHR and the Court of Justice of the European Union all restrictions of fundamental rights and civil liberties must respect the principles of legality, necessity and proportionality; |
| --- | --- |

M.

whereas according to the case law of the ECtHR and the Court of Justice of the European Union all restrictions of fundamental rights and civil liberties must respect the principles of legality, necessity and proportionality;

| N. | whereas law enforcement authorities in several Member States have been criticised for undermining the right to protest and using excessive force; |
| --- | --- |

N.

whereas law enforcement authorities in several Member States have been criticised for undermining the right to protest and using excessive force;

| 1. | Calls on the Member States to respect the rights of freedom of peaceful assembly, freedom of association and freedom of expression; |
| --- | --- |

1.

| 2. | Stresses that public debate is vital to the functioning of democratic societies; |
| --- | --- |

2.

| 3. | Condemns the adoption of restrictive laws concerning freedom of assembly in several Member States in recent years; |
| --- | --- |

3.

| 4. | Condemns the use of violent and disproportionate interventions by state authorities during protests and peaceful demonstrations; encourages the relevant authorities to ensure a transparent, impartial, independent and effective investigation when the use of disproportionate force is suspected or has been alleged; recalls that law enforcement agencies must always be held accountable for the fulfilment of their duties and their compliance with the relevant legal and operational frameworks; |
| --- | --- |

4.

| 5. | Calls on the Member States to ensure that the use of force by law enforcement authorities is always lawful, proportionate, necessary and the last resort, and that it preserves human life and physical integrity; notes that the indiscriminate use of force against crowds contravenes the principle of proportionality; |
| --- | --- |

5.

| 6. | Notes the important role of journalists and photojournalists in reporting cases of disproportionate violence, and condemns all instances in which they have been deliberately targeted; |
| --- | --- |

6.

| 7. | Believes that violence against peaceful demonstrators can never be a solution in a debate or in politics; |
| --- | --- |

7.

| 8. | Acknowledges that the police, among whom there have also been many casualties, are operating in difficult conditions, owing in particular to the hostility of some protesters, but also to an excessive workload; condemns every kind of violence against individuals or property by violent, militant protesters, who only come for a violent purpose and harm the legitimacy of peaceful protests; |
| --- | --- |

8.

| 9. | Encourages the Member States’ law enforcement officials to actively participate in training provided by the European Union Agency for Law Enforcement Training (CEPOL) on ‘Public order — policing of major events’; encourages the Member States to exchange best practices in this regard; |
| --- | --- |

9.

| 10. | Emphasises the importance of guaranteeing the safety of law enforcement officers, police officers and soldiers engaged in security maintenance operations during public protest demonstrations; |
| --- | --- |

10.

| 11. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Council of Europe, the Organisation for Security and Cooperation in Europe and the United Nations. |
| --- | --- |

11.

---

(1)  Texts adopted, P8_TA(2019)0032.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/142 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/142

---

P8_TA(2019)0128

The rights of intersex people

European Parliament resolution of 14 February 2019 on the rights of intersex people (2018/2878(RSP))

(2020/C 449/19)

The European Parliament,

| — | having regard to Article 2 of the Treaty on European Union, |
| --- | --- |

—

having regard to Article 2 of the Treaty on European Union,

| — | having regard to Articles 8 and 10 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Articles 8 and 10 of the Treaty on the Functioning of the European Union,

| — | having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 21 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 21 thereof,

| — | having regard to the European Social Charter, and in particular Article 11 thereof, |
| --- | --- |

—

having regard to the European Social Charter, and in particular Article 11 thereof,

| — | 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 (1), |
| --- | --- |

—

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 (1),

| — | having regard to the report published by the Commission in 2011 entitled ‘Trans and intersex people’, |
| --- | --- |

—

having regard to the report published by the Commission in 2011 entitled ‘Trans and intersex people’,

| — | having regard to the final reports of the Commission-funded ‘Health4LGBTI’ pilot project on health inequalities experienced by LGBTI people, |
| --- | --- |

—

having regard to the final reports of the Commission-funded ‘Health4LGBTI’ pilot project on health inequalities experienced by LGBTI people,

| — | having regard to its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity (2), |
| --- | --- |

—

having regard to its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity (2),

| — | having regard to its resolution of 13 December 2016 on the situation of fundamental rights in the European Union in 2015 (3), |
| --- | --- |

—

having regard to its resolution of 13 December 2016 on the situation of fundamental rights in the European Union in 2015 (3),

| — | having regard to the paper published in May 2015 by the European Union Agency for Fundamental Rights (FRA) entitled ‘The fundamental rights situation of intersex people’ (4), |
| --- | --- |

—

having regard to the paper published in May 2015 by the European Union Agency for Fundamental Rights (FRA) entitled ‘The fundamental rights situation of intersex people’ (4),

| — | having regard to the FRA’s online publication of November 2017 entitled ‘Mapping minimum age requirements concerning the rights of the child in the EU’ (5), |
| --- | --- |

—

having regard to the FRA’s online publication of November 2017 entitled ‘Mapping minimum age requirements concerning the rights of the child in the EU’ (5),

| — | having regard to the FRA Fundamental Rights Report 2018, |
| --- | --- |

—

having regard to the FRA Fundamental Rights Report 2018,

| — | having regard to the European Convention on Human Rights, |
| --- | --- |

—

having regard to the European Convention on Human Rights,

| — | having regard to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, |
| --- | --- |

—

having regard to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment,

| — | having regard to Resolution 2191 of the Council of Europe Parliamentary Assembly, adopted in 2017, on promoting the human rights of and eliminating discrimination against intersex people, |
| --- | --- |

—

having regard to Resolution 2191 of the Council of Europe Parliamentary Assembly, adopted in 2017, on promoting the human rights of and eliminating discrimination against intersex people,

| — | having regard to the 2015 report of the Council of Europe Commissioner for Human Rights on human rights and intersex people, |
| --- | --- |

—

having regard to the 2015 report of the Council of Europe Commissioner for Human Rights on human rights and intersex people,

| — | having regard to the Universal Declaration of Human Rights, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights,

| — | having regard to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, |
| --- | --- |

—

having regard to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

| — | having regard to the UN Convention on the Rights of the Child, |
| --- | --- |

—

having regard to the UN Convention on the Rights of the Child,

| — | having regard to the UN Convention on the Rights of Persons with Disabilities, |
| --- | --- |

—

having regard to the UN Convention on the Rights of Persons with Disabilities,

| — | having regard to the 2013 report of the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, |
| --- | --- |

—

having regard to the 2013 report of the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment,

| — | having regard to the Yogyakarta Principles (‘Principles and State Obligations on the Application of International Human Rights Law in Relation to Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics’) adopted in November 2006, and the 10 complementary principles (‘plus 10’) adopted on 10 November 2017, |
| --- | --- |

—

having regard to the Yogyakarta Principles (‘Principles and State Obligations on the Application of International Human Rights Law in Relation to Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics’) adopted in November 2006, and the 10 complementary principles (‘plus 10’) adopted on 10 November 2017,

| — | having regard to the questions to the Council and to the Commission on the rights of intersex people (O-000132/2018 — B8-0007/2019 and O-000133/2018 — B8-0008/2019), |
| --- | --- |

—

having regard to the questions to the Council and to the Commission on the rights of intersex people (O-000132/2018 — B8-0007/2019 and O-000133/2018 — B8-0008/2019),

| — | having regard to the motion for a resolution of the Committee on Civil Liberties, Justice and Home Affairs, |
| --- | --- |

—

having regard to the motion for a resolution of the Committee on Civil Liberties, Justice and Home Affairs,

| — | having regard to Rules 128(5) and 123(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 128(5) and 123(2) of its Rules of Procedure,

| A. | whereas intersex individuals are born with physical sex characteristics that do not fit medical or social norms for female or male bodies, and these variations in sex characteristics may manifest themselves in primary characteristics (such as the inner and outer genitalia and the chromosomal and hormonal structure) and/or secondary characteristics (such as muscle mass, hair distribution and stature); |
| --- | --- |

A.

whereas intersex individuals are born with physical sex characteristics that do not fit medical or social norms for female or male bodies, and these variations in sex characteristics may manifest themselves in primary characteristics (such as the inner and outer genitalia and the chromosomal and hormonal structure) and/or secondary characteristics (such as muscle mass, hair distribution and stature);

| B. | whereas intersex people are exposed to multiple instances of violence and discrimination in the European Union and these human rights violations remain widely unknown to the general public and policymakers; |
| --- | --- |

B.

whereas intersex people are exposed to multiple instances of violence and discrimination in the European Union and these human rights violations remain widely unknown to the general public and policymakers;

| C. | whereas there is a high prevalence of surgeries and medical treatments carried out on intersex infants, although in most cases these treatments are not medically necessary; whereas cosmetic surgeries and urgent surgeries can be proposed as a package, preventing parents and intersex people from having full information on the impact of each; |
| --- | --- |

C.

whereas there is a high prevalence of surgeries and medical treatments carried out on intersex infants, although in most cases these treatments are not medically necessary; whereas cosmetic surgeries and urgent surgeries can be proposed as a package, preventing parents and intersex people from having full information on the impact of each;

| D. | whereas surgeries and medical treatments are performed on intersex children without their prior, personal, full and informed consent; whereas intersex genital mutilation can have lifelong consequences, such as psychological trauma and physical impairments; |
| --- | --- |

D.

whereas surgeries and medical treatments are performed on intersex children without their prior, personal, full and informed consent; whereas intersex genital mutilation can have lifelong consequences, such as psychological trauma and physical impairments;

| E. | whereas intersex individuals and intersex children who belong to other minority and marginalised groups are further marginalised and socially excluded and are at risk of violence and discrimination, because of their intersecting identities; |
| --- | --- |

E.

whereas intersex individuals and intersex children who belong to other minority and marginalised groups are further marginalised and socially excluded and are at risk of violence and discrimination, because of their intersecting identities;

| F. | whereas in most Member States surgery can be performed on an intersex child or an intersex individual with disabilities with the consent of their legal guardian, regardless of the capacity of the intersex person to decide for themselves; |
| --- | --- |

F.

whereas in most Member States surgery can be performed on an intersex child or an intersex individual with disabilities with the consent of their legal guardian, regardless of the capacity of the intersex person to decide for themselves;

| G. | whereas in many cases parents and/or legal guardians are strongly pressured to make decisions without being fully informed of the lifelong consequences for their child; |
| --- | --- |

G.

whereas in many cases parents and/or legal guardians are strongly pressured to make decisions without being fully informed of the lifelong consequences for their child;

| H. | whereas many intersex people do not have full access to their medical records and therefore do not know that they are intersex or are not aware of the medical treatments they have been subjected to; |
| --- | --- |

H.

whereas many intersex people do not have full access to their medical records and therefore do not know that they are intersex or are not aware of the medical treatments they have been subjected to;

| I. | whereas intersex variations continue to be classified as diseases, as in the World Health Organisation’s International Classification of Diseases (ICD), in the absence of evidence supporting the long-term success of treatments; |
| --- | --- |

I.

whereas intersex variations continue to be classified as diseases, as in the World Health Organisation’s International Classification of Diseases (ICD), in the absence of evidence supporting the long-term success of treatments;

| J. | whereas some intersex people will not identify with the gender they are medically assigned at birth; whereas legal gender recognition based on self-determination is only possible in six Member States; whereas many Member States still require sterilisation for legal gender recognition; |
| --- | --- |

J.

whereas some intersex people will not identify with the gender they are medically assigned at birth; whereas legal gender recognition based on self-determination is only possible in six Member States; whereas many Member States still require sterilisation for legal gender recognition;

| K. | whereas anti-discrimination legislation at EU level, and in most Member States, does not include discrimination based on sex characteristics, whether as a standalone category or interpreted as a form of discrimination based on sex; |
| --- | --- |

K.

whereas anti-discrimination legislation at EU level, and in most Member States, does not include discrimination based on sex characteristics, whether as a standalone category or interpreted as a form of discrimination based on sex;

| L. | whereas many intersex children face human rights violations and genital mutilation in the EU when undergoing sex-normalising treatments; |
| --- | --- |

L.

whereas many intersex children face human rights violations and genital mutilation in the EU when undergoing sex-normalising treatments;

| 1. | Notes the urgent need to address violations of the human rights of intersex people, and calls on the Commission and the Member States to propose legislation to address these issues; |
| --- | --- |

1.

Medicalisation and pathologisation

| 2. | Strongly condemns sex-normalising treatments and surgery; welcomes laws that prohibit such surgery, as in Malta and Portugal, and encourages other Member States to adopt similar legislation as soon as possible; |
| --- | --- |

2.

| 3. | Stresses the need to provide adequate counselling and support to intersex children and intersex individuals with disabilities, as well as to their parents or guardians, and fully inform them of the consequences of sex-normalising treatments; |
| --- | --- |

3.

| 4. | Calls on the Commission and the Member States to support organisations that work to break the stigma against intersex people; |
| --- | --- |

4.

| 5. | Calls on the Commission and the Member States to increase funding for intersex civil society organisations; |
| --- | --- |

5.

| 6. | Calls on the Member States to improve access for intersex people to their medical records, and to ensure that no one is subjected to non-necessary medical or surgical treatment during infancy or childhood, guaranteeing bodily integrity, autonomy and self-determination for the children concerned; |
| --- | --- |

6.

| 7. | Takes the view that pathologisation of intersex variations jeopardises the full enjoyment by intersex people of the right to the highest attainable standard of health as enshrined in the UN Convention on the Rights of the Child; calls on the Member States to ensure the depathologisation of intersex people; |
| --- | --- |

7.

| 8. | Welcomes the depathologisation, however partial, of trans identities in the eleventh revision of the ICD (ICD-11); notes, however, that the category of ‘gender incongruence’ in childhood pathologises non-gender-normative behaviours in childhood; calls, therefore, on the Member States to pursue the removal of this category from the ICD-11, and to bring future ICD revision into line with their national health systems; |
| --- | --- |

8.

Identity documents

| 9. | Stresses the importance of flexible birth registration procedures; welcomes the laws adopted in some Member States that allow legal gender recognition on the basis of self-determination; encourages other Member States to adopt similar legislation, including flexible procedures to change gender markers, as long as they continue to be registered, as well as names on birth certificates and identity documents (including the possibility of gender-neutral names); |
| --- | --- |

9.

Discrimination

| 10. | Deplores the lack of recognition of sex characteristics as a ground of discrimination across the EU, and therefore highlights the importance of this criterion in order to ensure access to justice for intersex people; |
| --- | --- |

10.

| 11. | Calls on the Commission to enhance the exchange of good practices on the matter; calls on the Member States to adopt the necessary legislation to ensure the adequate protection, respect and promotion of the fundamental rights of intersex people, including intersex children, including full protection against discrimination; |
| --- | --- |

11.

Public awareness

| 12. | Calls on all relevant stakeholders to carry out research concerning intersex people, taking a sociological and human rights perspective rather than a medical one; |
| --- | --- |

12.

| 13. | Calls on the Commission to make sure that EU funds do not support research or medical projects that further contribute to violating the human rights of intersex people, in the context of the European Reference Networks (ERNs); calls on the Commission and the Member States to support and fund research on the human rights situation of intersex people; |
| --- | --- |

13.

| 14. | Calls on the Commission to take a holistic and rights-based approach to the rights of intersex people and to better coordinate the work of its Directorates-General for Justice and Consumers, for Education, Youth, Sport and Culture, and for Health and Food Safety, so as to ensure consistent policies and programmes supporting intersex people, including training of state officials and the medical profession; |
| --- | --- |

14.

| 15. | Calls on the Commission to reinforce the intersex dimension in its multiannual LGBTI list of actions for the current period, and to begin preparing as of now a renewal of this strategy for the next multiannual period (2019-2024); |
| --- | --- |

15.

| 16. | Calls on the Commission to facilitate the sharing of best practices among Member States on protecting the human rights and bodily integrity of intersex people; |
| --- | --- |

16.

o

o o

| 17. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the Parliamentary Assembly of the Council of Europe. |
| --- | --- |

17.

---

(1)  OJ L 315, 14.11.2012, p. 57.

(2)  OJ C 93, 24.3.2017, p. 21.

(3)  OJ C 238, 6.7.2018, p. 2.

(4)  https://fra.europa.eu/en/publication/2015/fundamental-rights-situation-intersex-people

(5)  https://fra.europa.eu/en/publication/2017/mapping–minimum–age–requirements–concerning–rights–child–eu

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/146 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/146

---

P8_TA(2019)0129

The future of the LGBTI List of Actions (2019-2024)

European Parliament resolution of 14 February 2019 on the future of the LGBTI List of Actions (2019-2024) (2019/2573(RSP))

(2020/C 449/20)

The European Parliament,

| — | having regard to Article 2 of the Treaty on European Union, |
| --- | --- |

—

having regard to Article 2 of the Treaty on European Union,

| — | having regard to Articles 8 and 10 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Articles 8 and 10 of the Treaty on the Functioning of the European Union,

| — | having regard to the Charter of Fundamental Rights of the European Union and in particular to Article 21 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union and in particular to Article 21 thereof,

| — | having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms, |
| --- | --- |

—

having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms,

| — | having regard to Recommendation CM/Rec(2010)5 of the Committee of Ministers of the Council of Europe to member states on measures to combat discrimination on grounds of sexual orientation or gender identity, adopted on 31 March 2010, |
| --- | --- |

—

having regard to Recommendation CM/Rec(2010)5 of the Committee of Ministers of the Council of Europe to member states on measures to combat discrimination on grounds of sexual orientation or gender identity, adopted on 31 March 2010,

| — | having regard to the proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426) and to its position of 2 April 2009 on that proposal, |
| --- | --- |

—

having regard to the proposal for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426) and to its position of 2 April 2009 on that proposal,

| — | having regard to the guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons adopted by the Council of the European Union at its meeting of 24 June 2013, |
| --- | --- |

—

having regard to the guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons adopted by the Council of the European Union at its meeting of 24 June 2013,

| — | having regard to the Council conclusions on LGBTI equality of 16 June 2016, |
| --- | --- |

—

having regard to the Council conclusions on LGBTI equality of 16 June 2016,

| — | having regard to the results of the European Union lesbian, gay, bisexual and transgender survey carried out by the European Union Agency for Fundamental Rights (FRA) and published on 17 May 2013, |
| --- | --- |

—

having regard to the results of the European Union lesbian, gay, bisexual and transgender survey carried out by the European Union Agency for Fundamental Rights (FRA) and published on 17 May 2013,

| — | having regard to its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity (1), |
| --- | --- |

—

having regard to its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity (1),

| — | having regard to its resolution of 16 January 2019 on the situation of fundamental rights in the European Union in 2017 (2), |
| --- | --- |

—

having regard to its resolution of 16 January 2019 on the situation of fundamental rights in the European Union in 2017 (2),

| — | having regard to resolution 2191(2017) of 12 October 2017 of the Parliamentary Assembly of the Council of Europe on promoting the human rights of and eliminating discrimination against intersex people, |
| --- | --- |

—

having regard to resolution 2191(2017) of 12 October 2017 of the Parliamentary Assembly of the Council of Europe on promoting the human rights of and eliminating discrimination against intersex people,

| — | having regard to the Commission’s List of Actions to advance LGBTI equality of December 2015, |
| --- | --- |

—

having regard to the Commission’s List of Actions to advance LGBTI equality of December 2015,

| — | having regard to the Commission’s annual reports from 2016 and 2017 on the implementation of the List of Actions to advance LGBTI equality, |
| --- | --- |

—

having regard to the Commission’s annual reports from 2016 and 2017 on the implementation of the List of Actions to advance LGBTI equality,

| — | having regard to the Court of Justice of the European Union (CJEU) judgment of 5 June 2018 (Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne) (3) and other relevant case-law of the CJEU and ECtHR, |
| --- | --- |

—

having regard to the Court of Justice of the European Union (CJEU) judgment of 5 June 2018 (Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne) (3) and other relevant case-law of the CJEU and ECtHR,

| — | having regard to the European Union Agency for Fundamental Rights report of May 2015 entitled ‘The fundamental rights situation of intersex people’, |
| --- | --- |

—

having regard to the European Union Agency for Fundamental Rights report of May 2015 entitled ‘The fundamental rights situation of intersex people’,

| — | having regard to the European Union Agency for Fundamental Rights report of March 2017 entitled ‘Current migration situation in the EU: Lesbian, gay, bisexual, transgender and intersex asylum seekers’, |
| --- | --- |

—

having regard to the European Union Agency for Fundamental Rights report of March 2017 entitled ‘Current migration situation in the EU: Lesbian, gay, bisexual, transgender and intersex asylum seekers’,

| — | having regard to the 2015 report by the Council of Europe Commissioner for Human Rights on ‘human rights and intersex people’, |
| --- | --- |

—

having regard to the 2015 report by the Council of Europe Commissioner for Human Rights on ‘human rights and intersex people’,

| — | having regard to resolution 2048(2015) of 22 April 2015 of the Parliamentary Assembly of the Council of Europe on discrimination against transgender people in Europe, |
| --- | --- |

—

having regard to resolution 2048(2015) of 22 April 2015 of the Parliamentary Assembly of the Council of Europe on discrimination against transgender people in Europe,

| — | having regard to the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), |
| --- | --- |

—

having regard to the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW),

| — | having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), |
| --- | --- |

—

having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),

| — | having regard to the question to the Commission on the future of the LGBTI List of Actions (2019-2024) (O-000006/2019 — B8-0014/2019), |
| --- | --- |

—

having regard to the question to the Commission on the future of the LGBTI List of Actions (2019-2024) (O-000006/2019 — B8-0014/2019),

| — | having regard to Rules 128(5) and 123(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 128(5) and 123(2) of its Rules of Procedure,

| A. | whereas LGBTI people continue to suffer from discrimination and violence in the European Union; whereas not all EU Member States provide legal protection for LGBTI people against discrimination; |
| --- | --- |

A.

whereas LGBTI people continue to suffer from discrimination and violence in the European Union; whereas not all EU Member States provide legal protection for LGBTI people against discrimination;

| B. | whereas Parliament, in its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity, called on the Commission to adopt a strategy on LGBTI equality; |
| --- | --- |

B.

whereas Parliament, in its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity, called on the Commission to adopt a strategy on LGBTI equality;

| C. | whereas the European Council, in its conclusions on LGBTI equality of 16 June 2016, invited Member States to work together with the Commission with regard to the LGBTI List of Actions; |
| --- | --- |

C.

whereas the European Council, in its conclusions on LGBTI equality of 16 June 2016, invited Member States to work together with the Commission with regard to the LGBTI List of Actions;

| D. | whereas the Commission has adopted comprehensive strategic frameworks on other topics related to fundamental rights, such as disability and Roma inclusion, but has yet to take such action on LGBTI rights; |
| --- | --- |

D.

whereas the Commission has adopted comprehensive strategic frameworks on other topics related to fundamental rights, such as disability and Roma inclusion, but has yet to take such action on LGBTI rights;

| E. | whereas the List of Actions to advance LGBTI equality published by the Commission in 2015 is a non-binding, non-comprehensive strategy; |
| --- | --- |

E.

whereas the List of Actions to advance LGBTI equality published by the Commission in 2015 is a non-binding, non-comprehensive strategy;

| F. | whereas the Commission’s reports on the implementation of the List of Actions to advance LGBTI equality show that significant steps have been taken, but much remains to be done to ensure equality for all citizens in the EU, including LGBTI citizens; |
| --- | --- |

F.

whereas the Commission’s reports on the implementation of the List of Actions to advance LGBTI equality show that significant steps have been taken, but much remains to be done to ensure equality for all citizens in the EU, including LGBTI citizens;

| G. | whereas although the guidelines adopted by the European Council to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons have been binding for the EU and its Member States in their external action since 2013, the EU’s lack of an internal complementing commitment poses a threat to internal and external cohesion; |
| --- | --- |

G.

whereas although the guidelines adopted by the European Council to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons have been binding for the EU and its Member States in their external action since 2013, the EU’s lack of an internal complementing commitment poses a threat to internal and external cohesion;

| H. | whereas the anti-discrimination directive remains blocked in the Council; |
| --- | --- |

H.

whereas the anti-discrimination directive remains blocked in the Council;

| 1. | Reiterates the recommendations of its resolution on the EU Roadmap; |
| --- | --- |

1.

| 2. | Notes that a backlash against gender equality, impacting LGBTI people directly, has been observed in the EU in recent years; calls on the Commission to make a commitment to tackle this backlash, to make equality and non-discrimination a priority field, and to ensure that this commitment is taken up in the work of the next Commission which will take office later in 2019; |
| --- | --- |

2.

| 3. | Calls on the Commission to ensure that LGBTI rights are given priority in its work programme for 2019-2024, and to strengthen cooperation among different DGs in areas where LGBTI rights should be mainstreamed, such as in education and health, as set out in the LGBTI List of Actions; |
| --- | --- |

3.

| 4. | Calls on the Commission to adopt another strategic document to foster equality for LGBTI people; |
| --- | --- |

4.

| 5. | Calls on the Commission to monitor and enforce the implementation of anti-discrimination legislation and measures to ensure the rights of LGBTI people in all areas; |
| --- | --- |

5.

| 6. | Calls on the Commission to continue work on the topics already included in the LGBTI List of Actions; |
| --- | --- |

6.

| 7. | Calls on the Commission to involve Parliament and civil society organisations in the design of its future LGBTI List of Actions; |
| --- | --- |

7.

| 8. | Calls on the Commission to continue awareness-raising and public communication campaigns concerning LGBTI people and their families; stresses the importance of such action at all levels, and of focusing on the benefits of diversity to society rather than on the mere normalisation of LGBTI people; |
| --- | --- |

8.

| 9. | Calls on the Commission to facilitate and support the Member States in their implementation of high-quality, comprehensive sexuality and relationship education programmes that provide information and education on sexual and reproductive health and rights in a way that is non-judgemental, framed positively and inclusive of LGBTI people; |
| --- | --- |

9.

| 10. | Calls on the Commission to take concrete measures to ensure freedom of movement for all families, including LGBTI families, in line with the recent Coman case at the CJEU; |
| --- | --- |

10.

| 11. | Notes that 8 Member States require sterilisation and 18 Member States require a mental health diagnosis in order to access legal gender recognition; calls on the Commission to assess whether such requirements are in line with the Charter of Fundamental Rights of the European Union; |
| --- | --- |

11.

| 12. | Calls on the Commission to incorporate an intersectional perspective into its future work on LGBTI rights, to take into consideration intersecting experiences of discrimination encountered by marginalised LGBTI people and to develop measures to address their specific needs, including by making funding available for specific support networks of marginalised LGBTI groups; |
| --- | --- |

12.

| 13. | Calls on the Commission to continue working with Member States with a view to the implementation of its future actions on LGBTI rights; |
| --- | --- |

13.

| 14. | Calls on the Commission to enhance the exchange of good practices on this matter; calls on the Member States to adopt the legislation required to ensure that the fundamental rights of LGBTI children are afforded adequate respect, promotion and protection, including full protection against discrimination; |
| --- | --- |

14.

| 15. | Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States and the Parliamentary Assembly of the Council of Europe. |
| --- | --- |

15.

---

(1)  OJ C 93, 24.3.2017, p. 21.

(2)  Texts adopted, P8_TA(2019)0032.

(3)  Judgment of the Court (Grand Chamber) of 5 June 2018, ECLI:EU:C:2018:385.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/149 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/149

---

P8_TA(2019)0130

The future of the INF Treaty and the impact on the EU

European Parliament resolution of 14 February 2019 on the future of the INF Treaty and the impact on the European Union (2019/2574(RSP))

(2020/C 449/21)

The European Parliament,

| — | having regard to the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of their Intermediate-Range and Shorter-Range Missiles (hereinafter the ‘INF Treaty’) signed in Washington on 8 December 1987 by the then US President, Ronald Reagan, and the leader of the Soviet Union, Mikhail Gorbatchev (1), |
| --- | --- |

—

having regard to the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of their Intermediate-Range and Shorter-Range Missiles (hereinafter the ‘INF Treaty’) signed in Washington on 8 December 1987 by the then US President, Ronald Reagan, and the leader of the Soviet Union, Mikhail Gorbatchev (1),

| — | having regard to the 2018 Report on Adherence to and Compliance with Arms Control, Nonproliferation, and Disarmament Agreements and Commitments prepared by the US Department of State, |
| --- | --- |

—

having regard to the 2018 Report on Adherence to and Compliance with Arms Control, Nonproliferation, and Disarmament Agreements and Commitments prepared by the US Department of State,

| — | having regard to the statement of 21 October 2018 by US President Donald Trump warning of the withdrawal of the US from the INF Treaty, |
| --- | --- |

—

having regard to the statement of 21 October 2018 by US President Donald Trump warning of the withdrawal of the US from the INF Treaty,

| — | having regard to the statement of 2 February 2019 by the US Secretary of State on US intent to withdraw from the INF Treaty (2), |
| --- | --- |

—

having regard to the statement of 2 February 2019 by the US Secretary of State on US intent to withdraw from the INF Treaty (2),

| — | having regard to the statement by Russian President Vladimir Putin of 2 February 2019 stating that Russia would also suspend its participation in the treaty, |
| --- | --- |

—

having regard to the statement by Russian President Vladimir Putin of 2 February 2019 stating that Russia would also suspend its participation in the treaty,

| — | having regard to the statement on the INF Treaty issued by NATO Foreign Ministers on 4 December 2018 (3), |
| --- | --- |

—

having regard to the statement on the INF Treaty issued by NATO Foreign Ministers on 4 December 2018 (3),

| — | having regard to the Global Strategy for the European Union’s Foreign and Security Policy — Shared Vision, Common Action: A Stronger Europe, |
| --- | --- |

—

having regard to the Global Strategy for the European Union’s Foreign and Security Policy — Shared Vision, Common Action: A Stronger Europe,

| — | having regard to concerns raised in 2019 by the US and NATO regarding Russia’s failure to comply with the INF Treaty, in particular as regard its new 9M729 missile system, most recently in the statement of 1 February 2019 issued by the North Atlantic Council (4), |
| --- | --- |

—

having regard to concerns raised in 2019 by the US and NATO regarding Russia’s failure to comply with the INF Treaty, in particular as regard its new 9M729 missile system, most recently in the statement of 1 February 2019 issued by the North Atlantic Council (4),

| — | having regard to the remarks by Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) Federica Mogherini at the seventh EU Non-Proliferation and Disarmament Conference, held in Brussels on 18 and 19 December 2018, |
| --- | --- |

—

having regard to the remarks by Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) Federica Mogherini at the seventh EU Non-Proliferation and Disarmament Conference, held in Brussels on 18 and 19 December 2018,

| — | having regard to its resolution of 27 October 2016 on nuclear security and non-proliferation (5), |
| --- | --- |

—

having regard to its resolution of 27 October 2016 on nuclear security and non-proliferation (5),

| — | having regard to the joint declaration on EU-NATO cooperation signed in Brussels on 10 July 2018, |
| --- | --- |

—

having regard to the joint declaration on EU-NATO cooperation signed in Brussels on 10 July 2018,

| — | having regard to the UN Agenda for Disarmament (6), |
| --- | --- |

—

having regard to the UN Agenda for Disarmament (6),

| — | having regard to UN Sustainable Development Goal 16, which aims to promote peaceful and inclusive societies for sustainable development (7), |
| --- | --- |

—

having regard to UN Sustainable Development Goal 16, which aims to promote peaceful and inclusive societies for sustainable development (7),

| — | having regard to the 2017 annual progress report on the implementation of the European Union strategy against the proliferation of weapons of mass destruction of 18 May 2018, |
| --- | --- |

—

having regard to the 2017 annual progress report on the implementation of the European Union strategy against the proliferation of weapons of mass destruction of 18 May 2018,

| — | having regard to the 1968 Nuclear Non-Proliferation Treaty (NPT), with its obligations on all states to pursue nuclear disarmament in good faith and to cease the nuclear arms race, |
| --- | --- |

—

having regard to the 1968 Nuclear Non-Proliferation Treaty (NPT), with its obligations on all states to pursue nuclear disarmament in good faith and to cease the nuclear arms race,

| — | having regard to the Treaty on the Prohibition of Nuclear Weapons (TPNW) adopted on 7 July 2017 by the UN General Assembly, |
| --- | --- |

—

having regard to the Treaty on the Prohibition of Nuclear Weapons (TPNW) adopted on 7 July 2017 by the UN General Assembly,

| — | having regard to its resolution of 10 March 2010 on the Treaty on the Non-Proliferation of Nuclear Weapons (8), |
| --- | --- |

—

having regard to its resolution of 10 March 2010 on the Treaty on the Non-Proliferation of Nuclear Weapons (8),

| — | having regard to the EU Strategy against the Proliferation of Weapons of Mass Destruction, adopted by the European Council on 12 December 2003, |
| --- | --- |

—

having regard to the EU Strategy against the Proliferation of Weapons of Mass Destruction, adopted by the European Council on 12 December 2003,

| — | having regard to the Council conclusions on the Ninth Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (8079/15), |
| --- | --- |

—

having regard to the Council conclusions on the Ninth Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (8079/15),

| — | having regard to the Nobel Peace Prize 2017 awarded to the International Campaign to Abolish Nuclear Weapons (ICAN), and to its statement of 1 February 2019 entitled ‘US withdrawal from INF Treaty puts Europe (and the world) at risk’, |
| --- | --- |

—

having regard to the Nobel Peace Prize 2017 awarded to the International Campaign to Abolish Nuclear Weapons (ICAN), and to its statement of 1 February 2019 entitled ‘US withdrawal from INF Treaty puts Europe (and the world) at risk’,

| — | having regard to Rule 123(2) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 123(2) and (4) of its Rules of Procedure,

| A. | whereas the INF Treaty, signed in 1987 by the United States and the Soviet Union, was a unique agreement of the Cold War era, as it required both countries to destroy their stockpiles of, rather than set limits on, ground-launched nuclear and conventionally armed ballistic and cruise missiles with ranges of between 500 and 5 500 km, while prohibiting parties from possessing, producing and flight-testing these missiles; |
| --- | --- |

A.

whereas the INF Treaty, signed in 1987 by the United States and the Soviet Union, was a unique agreement of the Cold War era, as it required both countries to destroy their stockpiles of, rather than set limits on, ground-launched nuclear and conventionally armed ballistic and cruise missiles with ranges of between 500 and 5 500 km, while prohibiting parties from possessing, producing and flight-testing these missiles;

| B. | whereas, by May 1991, 2 692 missiles had been eliminated in accordance with the terms of the Treaty; whereas 10 years of on-site inspections then followed; whereas more than 3 000 missiles containing nuclear warheads were ultimately removed thanks to the INF Treaty; |
| --- | --- |

B.

whereas, by May 1991, 2 692 missiles had been eliminated in accordance with the terms of the Treaty; whereas 10 years of on-site inspections then followed; whereas more than 3 000 missiles containing nuclear warheads were ultimately removed thanks to the INF Treaty;

| C. | whereas the INF Treaty contributed to containing strategic competition between the US and the Soviet Union, and subsequently the Russian Federation, and to building and reinforcing stability in the Cold War era; whereas Europe has been the principal beneficiary of the INF Treaty, which has been fundamental in upholding its security for more than three decades; whereas the Treaty is still a pillar of international peace and stability, in particular as part of the European security architecture; |
| --- | --- |

C.

whereas the INF Treaty contributed to containing strategic competition between the US and the Soviet Union, and subsequently the Russian Federation, and to building and reinforcing stability in the Cold War era; whereas Europe has been the principal beneficiary of the INF Treaty, which has been fundamental in upholding its security for more than three decades; whereas the Treaty is still a pillar of international peace and stability, in particular as part of the European security architecture;

| D. | whereas in 2014 the Obama administration stated that Russia was ‘in violation of its obligations under the INF Treaty not to possess, produce or flight-test a ground-launched cruise missile (GLCM) with a range capability of 500 km to 5 500 km, or to possess or produce launchers of such missiles’; whereas subsequent reports, published by the US Department of State in 2015, 2016, 2017 and 2018, reiterated US allegations of Russia’s continued violation of the Treaty; |
| --- | --- |

D.

whereas in 2014 the Obama administration stated that Russia was ‘in violation of its obligations under the INF Treaty not to possess, produce or flight-test a ground-launched cruise missile (GLCM) with a range capability of 500 km to 5 500 km, or to possess or produce launchers of such missiles’; whereas subsequent reports, published by the US Department of State in 2015, 2016, 2017 and 2018, reiterated US allegations of Russia’s continued violation of the Treaty;

| E. | whereas the US and NATO have repeatedly questioned Russia about its missile development activities, in particular as regards the 9M729 missile system, which they consider to be in breach of the INF Treaty; |
| --- | --- |

E.

whereas the US and NATO have repeatedly questioned Russia about its missile development activities, in particular as regards the 9M729 missile system, which they consider to be in breach of the INF Treaty;

| F. | whereas in December 2017, on the occasion of the 30th anniversary of the treaty, President Trump’s administration announced an ‘integrated strategy’ of diplomatic, military and economic measures, aimed at bringing Russia back into compliance; whereas these measures included diplomatic efforts through the Special Verification Commission, the launch of a military research and development programme, and economic measures against Russian entities involved in developing and producing the non-compliant missile; |
| --- | --- |

F.

whereas in December 2017, on the occasion of the 30th anniversary of the treaty, President Trump’s administration announced an ‘integrated strategy’ of diplomatic, military and economic measures, aimed at bringing Russia back into compliance; whereas these measures included diplomatic efforts through the Special Verification Commission, the launch of a military research and development programme, and economic measures against Russian entities involved in developing and producing the non-compliant missile;

| G. | whereas the US and Russia have failed to address their mutual concerns by means of diplomatic dialogue; whereas the Special Verification Commission established under the Treaty to address, among other things, compliance concerns, has not been convened; |
| --- | --- |

G.

whereas the US and Russia have failed to address their mutual concerns by means of diplomatic dialogue; whereas the Special Verification Commission established under the Treaty to address, among other things, compliance concerns, has not been convened;

| H. | whereas on 20 October 2018 President Trump announced that the US would withdraw from the Treaty, citing Russia’s non-compliance and China’s non-participation; whereas on 4 December 2018, after the meeting of NATO Foreign Ministers, the US Secretary of State, Mike Pompeo, announced that the US had found Russia in material breach of the Treaty and would suspend its obligations as a remedy effective in 60 days unless Russia returned to full and verifiable compliance; |
| --- | --- |

H.

whereas on 20 October 2018 President Trump announced that the US would withdraw from the Treaty, citing Russia’s non-compliance and China’s non-participation; whereas on 4 December 2018, after the meeting of NATO Foreign Ministers, the US Secretary of State, Mike Pompeo, announced that the US had found Russia in material breach of the Treaty and would suspend its obligations as a remedy effective in 60 days unless Russia returned to full and verifiable compliance;

| I. | whereas on 1 February 2019 the US announced, after the 60-day deadline given for Russia to return to full compliance, that it would suspend its obligations under the INF Treaty and begin the process of withdrawing from it unless Russia, which the US believes to be in material breach of the Treaty, returned to compliance with its terms within six months; whereas NATO Secretary-General Jens Stoltenberg has called on Russia to take advantage of the six-month period offered by the US to return to full compliance; |
| --- | --- |

I.

whereas on 1 February 2019 the US announced, after the 60-day deadline given for Russia to return to full compliance, that it would suspend its obligations under the INF Treaty and begin the process of withdrawing from it unless Russia, which the US believes to be in material breach of the Treaty, returned to compliance with its terms within six months; whereas NATO Secretary-General Jens Stoltenberg has called on Russia to take advantage of the six-month period offered by the US to return to full compliance;

| J. | whereas on 4 December 2018 NATO Foreign Ministers released a statement acknowledging Russia’s violations of the INF Treaty and calling on Russia to return as a matter of urgency to full and verifiable compliance with the Treaty; |
| --- | --- |

J.

whereas on 4 December 2018 NATO Foreign Ministers released a statement acknowledging Russia’s violations of the INF Treaty and calling on Russia to return as a matter of urgency to full and verifiable compliance with the Treaty;

| K. | whereas on 2 February 2019 Russia announced that it would suspend the INF Treaty and develop new types of missiles; whereas the Russian authorities have repeatedly raised concerns about NATO missile defence installations; |
| --- | --- |

K.

whereas on 2 February 2019 Russia announced that it would suspend the INF Treaty and develop new types of missiles; whereas the Russian authorities have repeatedly raised concerns about NATO missile defence installations;

| L. | whereas China, along with other non-signatories to the INF Treaty, has conducted a widespread proliferation of its missile arsenal, demonstrating the need for a new treaty which binds the US, Russia and China; |
| --- | --- |

L.

whereas China, along with other non-signatories to the INF Treaty, has conducted a widespread proliferation of its missile arsenal, demonstrating the need for a new treaty which binds the US, Russia and China;

| M. | whereas a potential end to the Treaty could lead to an escalation of tensions among nuclear states, to misunderstandings and to a new arms race; |
| --- | --- |

M.

whereas a potential end to the Treaty could lead to an escalation of tensions among nuclear states, to misunderstandings and to a new arms race;

| N. | whereas the INF Treaty is a cornerstone for maintaining global strategic stability, world peace and regional security; whereas preservation of the Treaty would contribute to efforts to preserve other existing arms control and disarmament agreements, as well as creating more favourable conditions for negotiations on arms limitations, disarmament and non-proliferation; whereas the withdrawal announcements are calling into question the likelihood of the non-extension of other major arms control treaties, such as the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms (‘New START’), which would seriously damage the international arms control regime, which has provided decades of stability regarding nuclear weapons, leaving the world with no legally binding, verifiable limits on nuclear arsenals; |
| --- | --- |

N.

whereas the INF Treaty is a cornerstone for maintaining global strategic stability, world peace and regional security; whereas preservation of the Treaty would contribute to efforts to preserve other existing arms control and disarmament agreements, as well as creating more favourable conditions for negotiations on arms limitations, disarmament and non-proliferation; whereas the withdrawal announcements are calling into question the likelihood of the non-extension of other major arms control treaties, such as the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms (‘New START’), which would seriously damage the international arms control regime, which has provided decades of stability regarding nuclear weapons, leaving the world with no legally binding, verifiable limits on nuclear arsenals;

| O. | whereas the UN Treaty on the Prohibition of Nuclear Weapons was opened for signature by the UN Secretary-General on 20 September 2017 and has to date been signed by 70 states, of which 21 have become States Parties through ratification of accession, amongst them EU Member State Austria, with Ireland likely to deliver its instruments of ratification to the UN Secretary-General within the next few months; |
| --- | --- |

O.

whereas the UN Treaty on the Prohibition of Nuclear Weapons was opened for signature by the UN Secretary-General on 20 September 2017 and has to date been signed by 70 states, of which 21 have become States Parties through ratification of accession, amongst them EU Member State Austria, with Ireland likely to deliver its instruments of ratification to the UN Secretary-General within the next few months;

| P. | whereas Nobel Peace Prize laureate ICAN has called on all states to ratify the Treaty on the Prohibition of Nuclear Weapons; |
| --- | --- |

P.

whereas Nobel Peace Prize laureate ICAN has called on all states to ratify the Treaty on the Prohibition of Nuclear Weapons;

| 1. | Supports compliance with, and the continuation and strengthening of, the INF Treaty; recalls its vital contribution to peace and security in Europe and the rest of the world and to global disarmament and non-proliferation; |
| --- | --- |

1.

| 2. | Expresses deep concern at the breaches of the Treaty, and the subsequent announcements by the US and then Russia regarding the suspension of their obligations under it and their withdrawal from it within a period of six months; underlines that these developments pose a threat to one of Europe’s most vital security interests, as well as to European and global security and peace; fears that these actions might result in miscalculations and misperceptions leading to a deterioration of relations between the US and Russia, an escalation of tensions, heightened nuclear and military threats and risks, and a possible return of destabilising arms races, which would be detrimental to Europe’s security and strategic stability; |
| --- | --- |

2.

| 3. | Expresses condemnation of Russia for continuing to breach the terms of the Treaty; |
| --- | --- |

3.

| 4. | Calls on the Russian Federation to return to full and verifiable compliance, in order to address the concerns raised by the US and by NATO, in response to Russia’s continuing breach of the terms of the Treaty, and urges Russia’s commitment to the long-term future of the agreement; |
| --- | --- |

4.

| 5. | Recognises the importance of full transparency and dialogue in the interests of building trust and confidence in the implementation of the INF Treaty and any other agreements that support strategic stability and security; in light of the above, calls on both Russia and the US to resolve the respective compliance allegations, to engage in a constructive dialogue under the auspices of the UN Security Council, the Special Verification Commission or other appropriate forums, with the aim of reducing tensions, taking into account both parties’ interests and concerns and pursuing negotiations in good faith to safeguard the INF Treaty before the effective withdrawal in August 2019, enhancing transparency and mutual monitoring and achieving stronger rules and guarantees as regards their respective missile and nuclear capabilities; |
| --- | --- |

5.

| 6. | Urges the VP/HR to use the six-month window to use all political and diplomatic means at her disposal to engage in dialogue with the INF States Parties in order to restore cross-border trust, while offering the EU’s mediation expertise and experience with a view to preventing the withdrawal of both the US and Russia; urges the VP/HR to push for the preservation and development of the INF Treaty and to initiate negotiations for a multilateral treaty for this category of missiles; asks the VP/HR to ensure that the EU acts as a proactive and credible security provider, including for its neighbourhood, and that it plays a strong and constructive role in developing and reinforcing the global rules-based non-proliferation efforts and arms control and disarmament architecture; |
| --- | --- |

6.

| 7. | Emphasises that the uncertain future of the INF Treaty should not put other arms control agreements in jeopardy; notably urges the US and Russia to extend the New START agreement, which limits the number of deployed strategic warheads on either side to 1 550, before it expires in 2021; |
| --- | --- |

7.

| 8. | Reiterates its full commitment to the preservation of effective international arms control, disarmament and non-proliferation regimes as a cornerstone of global and European security; is of the opinion that Europe must lead by example in order to be credible and to advance a nuclear-free free world; calls on the EU Member States to make multilateral nuclear disarmament an EU foreign and security policy priority; recalls its commitment to pursuing policies designed to move forward with the reduction and elimination of all nuclear arsenals; |
| --- | --- |

8.

| 9. | Believes that European security should remain indivisible; calls on all EU Member States which are also NATO members to act accordingly; calls on the VP/HR to develop a common threat assessment analysing the implications for the EU’s security should the protection that the INF Treaty provides to the Union and its citizens cease to apply and report back to Parliament in time, in accordance with Article 36 of the Treaty on European Union, and to develop thereafter a credible and ambitious nuclear disarmament strategy based on effective multilateralism; |
| --- | --- |

9.

| 10. | Calls on the VP/HR to bring forward proposals to mobilise EU funds and strengthen the Union’s knowledge base and expertise regarding non-proliferation, arms control and human capacities to analyse threats emanating from nuclear weapons; calls on the VP/HR to present prudent plans for how to prevent unintended or accidental use of nuclear weapons; |
| --- | --- |

10.

| 11. | Instructs its President to forward this resolution to the Council, the Commission, the European External Action Service, the governments and parliaments of the Member States, NATO, the United Nations, the President and Members of Congress of the United States, the President of the Russian Federation and the Members of the Russian State Duma and Federation Council. |
| --- | --- |

11.

---

(1)  https://treaties.un.org/doc/Publication/UNTS/Volume%201657/v1657.pdf

(2)  https://www.state.gov/secretary/remarks/2019/02/288722.htm

(3)  https://www.nato.int/cps/en/natohq/official_texts_161122.htm

(4)  https://www.nato.int/cps/en/natohq/news_162996.htm

(5)  OJ C 215, 19.6.2018, p. 202.

(6)  https://front.un-arm.org/documents/SG+disarmament+agenda_1.pdf

(7)  https://sustainabledevelopment.un.org/sdg16

(8)  OJ C 349 E, 22.12.2010, p. 77.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/154 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/154

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P8_TA(2019)0131

NAIADES II — An action programme to support inland waterway transport

European Parliament resolution of 14 February 2019 on NAIADES II — An action programme to support inland waterway transport (2018/2882(RSP))

(2020/C 449/22)

The European Parliament,

| — | having regard to the question for oral answer to the Commission on NAIADES II — An action programme to support inland waterway transport (O-000016/2014 — B7-0104/2014), |
| --- | --- |

—

having regard to the question for oral answer to the Commission on NAIADES II — An action programme to support inland waterway transport (O-000016/2014 — B7-0104/2014),

| — | having regard to the Commission communication of 17 January 2006 on the promotion of inland waterway transport — ‘NAIADES — An Integrated Action Programme for Inland Waterway Transport’ (COM(2006)0006), |
| --- | --- |

—

having regard to the Commission communication of 17 January 2006 on the promotion of inland waterway transport — ‘NAIADES — An Integrated Action Programme for Inland Waterway Transport’ (COM(2006)0006),

| — | having regard to its resolution of 26 October 2006 on the promotion of inland waterway transport: NAIADES, an integrated European Action Programme for inland waterway transport (1), |
| --- | --- |

—

having regard to its resolution of 26 October 2006 on the promotion of inland waterway transport: NAIADES, an integrated European Action Programme for inland waterway transport (1),

| — | having regard to the Commission communication of 10 September 2013 entitled ‘Towards quality inland waterway transport — NAIADES II’ (COM(2013)0623), |
| --- | --- |

—

having regard to the Commission communication of 10 September 2013 entitled ‘Towards quality inland waterway transport — NAIADES II’ (COM(2013)0623),

| — | having regard to its resolution of 6 February 2014 on NAIADES II — An action programme to support inland waterway transport (2), |
| --- | --- |

—

having regard to its resolution of 6 February 2014 on NAIADES II — An action programme to support inland waterway transport (2),

| — | having regard to the Commission staff working document of 18 September 2018 entitled ‘Mid-term progress report on the implementation of the NAIADES II action programme for the promotion of inland waterway transport (covering the period 2014-2017)’ (SWD(2018)0428), |
| --- | --- |

—

having regard to the Commission staff working document of 18 September 2018 entitled ‘Mid-term progress report on the implementation of the NAIADES II action programme for the promotion of inland waterway transport (covering the period 2014-2017)’ (SWD(2018)0428),

| — | having regard to the Commission communication of 20 July 2016 entitled ‘EU Strategy for Low-Emission Mobility’ (COM(2016)0501), |
| --- | --- |

—

having regard to the Commission communication of 20 July 2016 entitled ‘EU Strategy for Low-Emission Mobility’ (COM(2016)0501),

| — | having regard to its resolution of 15 December 2011 on the Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system (3), |
| --- | --- |

—

having regard to its resolution of 15 December 2011 on the Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system (3),

| — | having regard to Rule 123(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 123(2) of its Rules of Procedure,

| A. | whereas inland waterways link up important EU ports, cities, industrial centres and main agricultural areas, therefore making a considerable contribution to the EU goals of decarbonisation, sustainable growth and territorial cohesion; |
| --- | --- |

A.

whereas inland waterways link up important EU ports, cities, industrial centres and main agricultural areas, therefore making a considerable contribution to the EU goals of decarbonisation, sustainable growth and territorial cohesion;

| B. | whereas a modal shift from road to inland shipping is necessary to achieve the objectives of the Paris agreement of 2015 (COP21), and whereas inland waterway transport has sufficient capacity to absorb much higher volumes of freight and passengers in order to relieve the congested European road transport system; |
| --- | --- |

B.

whereas a modal shift from road to inland shipping is necessary to achieve the objectives of the Paris agreement of 2015 (COP21), and whereas inland waterway transport has sufficient capacity to absorb much higher volumes of freight and passengers in order to relieve the congested European road transport system;

| C. | whereas inland waterway transport is essential to diminish further negative effects of transport through more efficient use of land and energy and a reduction in noise and the number of accidents; |
| --- | --- |

C.

whereas inland waterway transport is essential to diminish further negative effects of transport through more efficient use of land and energy and a reduction in noise and the number of accidents;

| D. | whereas the inland waterway fleet would need to be modernised and adapted to reflect technical progress if improved environmental performance is to be achieved, thereby ensuring the competitive advantage of inland waterway transport in multimodal transport; |
| --- | --- |

D.

whereas the inland waterway fleet would need to be modernised and adapted to reflect technical progress if improved environmental performance is to be achieved, thereby ensuring the competitive advantage of inland waterway transport in multimodal transport;

| E. | whereas limited financial resources have been dedicated to the inland waterway sector so far, and whereas access to finance remains difficult for a sector primarily consisting of small businesses; |
| --- | --- |

E.

whereas limited financial resources have been dedicated to the inland waterway sector so far, and whereas access to finance remains difficult for a sector primarily consisting of small businesses;

| 1. | Supports the specific actions undertaken so far and welcomes the further actions planned in the NAIADES II action programme 2014-2020; |
| --- | --- |

1.

| 2. | Urges the Commission to update and renew the NAIADES programme by 2020 to ensure that the potential of inland waterway transport as a safe, sustainable and effective mode of transport in the multimodal transport system can be fully exploited through a long-term EU strategy aimed at achieving a successful modal shift; |
| --- | --- |

2.

| 3. | Underlines that, when transport initiatives are being drafted, inland waterway transport must be considered within a holistic and long-term approach under the EU intermodal and sustainable transport policy; |
| --- | --- |

3.

| 4. | Emphasises that waterway tourism is a flourishing sector and that the competitiveness of important EU industries depends on reliable and cost-effective inland waterway transport for their supply of goods; calls therefore for proactive policies aimed at supporting a sustainable inland waterway sector, in particular in view of the digital, technological and environmental challenges in logistics and mobility; |
| --- | --- |

4.

| 5. | Notes that, by 2050, 80 % of the EU’s population will live in urban areas, increasing the demand for public transport and improved city logistics, and that it is often challenging and expensive to expand existing land infrastructure; calls on the Commission and the Member States to integrate inland navigation in urban and port policies and to fully exploit its potential for transporting goods and passengers, given that many EU cities are located along waterways, with a view to improving quality of life and reducing congestion levels; |
| --- | --- |

5.

| 6. | Underlines that previous action programmes have fallen short of their goals as the result of a lack of dedicated resources; calls on the Commission therefore to ensure that the NAIADES III action programme receives adequate and dedicated funding to achieve its goals, supported by a well-structured policy strategy with achievable short- and mid-term goals and a concrete roadmap that sets out, inter alia, the resources for implementation; |
| --- | --- |

6.

| 7. | Invites the Commission to regularly undertake market research and generate forecasts to better analyse shifting patterns for freight and passengers in inland waterway transport and to enable evidence-based policymaking and better respond to emerging trends and new markets; |
| --- | --- |

7.

| 8. | Underlines the importance of removing bottlenecks to achieve high-quality waterways as a condition for developing and integrating inland shipping and inland ports into the trans-European transport network (TEN-T); calls on the Commission to give funding priority under the Connecting Europe Facility to rehabilitating, adapting, upgrading and automating fairway, lock, bridge, shoreside and port infrastructure and improving cross-border sections of the core network; |
| --- | --- |

8.

| 9. | Emphasises, in addition to the Member States’ obligations to complete the core network by 2030, their responsibility for increasing the performance, reliability, availability and climate resilience of existing infrastructure through rehabilitation, in order to ensure the role of inland waterway transport as a trustworthy mode of transport and to promote a smart use of scarce financial resources; |
| --- | --- |

9.

| 10. | Welcomes the work planned and being carried out in the Atlantic, Baltic-Adriatic, Mediterranean, North Sea-Baltic, North Sea-Mediterranean, Orient-East Mediterranean, Rhine-Alpine and Rhine-Danube corridors, and the fact that, in general, more Member States are investing in the development of inland waterways and ports; calls on the Commission therefore to support the implementation of projects in the trans-European transport network (TEN-T); |
| --- | --- |

10.

| 11. | Points out that sufficient lock capacity is vital for effective and sustainable hinterland transport and that locks play an important role in safe water regulation management and in clean energy generation; calls on the Commission therefore to reserve sufficient grants for their rehabilitation, upgrade and renewal; |
| --- | --- |

11.

| 12. | Urges the Commission to privilege grants for inland waterway projects in general, since past experience with blending projects has shown that private partners were involved only in the execution of works, with the public authorities remaining responsible for financing, given the public and multi-purpose character of waterways; |
| --- | --- |

12.

| 13. | Notes that the digitalisation of inland waterway transport plays an important role in enhancing the efficiency, safety and environmental performance of inland navigation; calls on the Commission therefore to prepare an implementation strategy for the Digital Inland Waterway Area (DINA) and a suitable regulatory framework for connected and automated transport by water, including reviewing Directive 2005/44/EC on harmonised river information services (RIS) on inland waterways in the Community (4), taking into account existing initiatives such as the RheinPorts Information System (RPIS) and creating a solid EU-wide legal basis for cross-border data exchange of fairway, voyage, cargo and traffic information with a single point of access; |
| --- | --- |

13.

| 14. | Underlines the importance of integrating digital inland waterway services into the data flow of other transport modes in order to facilitate seamless multimodal door-to-door services, as the combination of the physical internet and synchromodality enhances the bundling of volumes on corridors between seaports and hinterland leading to a more balanced use of land infrastructure capacity and a reduction in congestion levels and in other negative external effects; |
| --- | --- |

14.

| 15. | Stresses that, in order to comply with the objectives of the Paris agreement of 2015 (COP21), the resilience and decarbonisation of the transport system should be achieved through an accelerated shift to low-carbon transport, resource efficiency and clean propulsion; points out that this transition requires corresponding standards and funding to stimulate innovative waterway management, a wider uptake of clean vessels, and retrofitting where possible, and the deployment of the necessary refuelling infrastructure; |
| --- | --- |

15.

| 16. | Recommends exploiting synergies between clean energy grids and waterway networks to make optimal use of hydropower generated at waterways, wind energy in ports and other clean energy sources at waterside mobility hubs for supplying transport, households and industries while minimising distribution costs; |
| --- | --- |

16.

| 17. | Stresses the importance of providing appropriate funding for new technology, innovation and sustainable transport infrastructure and services under current and upcoming EU programmes such as the Connecting Europe Facility, Horizon 2020, Horizon Europe, the single market, the European Regional Development Fund and the Cohesion Fund in order to stimulate the deployment of innovation and increase the environmental and digital performance of inland waterway transport; calls on the Commission to establish dedicated funding streams to realise this goal; |
| --- | --- |

17.

| 18. | Notes that dedicated technological research should be complemented with socioeconomic and pre-normative research to foster innovation in regulation and financing and boost engagement of market players to ensure wide market uptake; |
| --- | --- |

18.

| 19. | Invites the Member States to further develop national strategies to stimulate and support inland waterway transport, taking into account the current NAIADES action programmes and the upcoming European Action Programme for inland waterway transport, and to encourage regional, local and port authorities to do the same; |
| --- | --- |

19.

| 20. | Instructs its President to forward this resolution to the Commission and the governments and parliaments of the Member States. |
| --- | --- |

20.

---

(1)  OJ C 313 E, 20.12.2006, p. 443.

(2)  OJ C 93, 24.3.2017, p. 145.

(3)  OJ C 168 E, 14.6.2013, p. 72.

(4)  OJ L 255, 30.9.2005, p. 152.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/157 |
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23.12.2020

EN

Official Journal of the European Union

C 449/157

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P8_TA(2019)0132

Protection of animals during transport within and outside the EU

European Parliament resolution of 14 February 2019 on the implementation of Council Regulation (EC) No 1/2005 on the protection of animals during transport within and outside the EU (2018/2110(INI))

(2020/C 449/23)

The European Parliament,

| — | having regard to Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations (1), |
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having regard to Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations (1),

| — | having regard to Article 13 of the Treaty on the Functioning of the European Union, which stipulates that ‘in formulating and implementing the EU’s policies, the EU and its Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals’, |
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having regard to Article 13 of the Treaty on the Functioning of the European Union, which stipulates that ‘in formulating and implementing the EU’s policies, the EU and its Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals’,

| — | having regard to the European Implementation Assessment on Regulation (EC) No 1/2005 on the protection of animals during transport, and its relevant annexes, as published by the European Parliamentary Research Service (EPRS) (2) in October 2018, |
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having regard to the European Implementation Assessment on Regulation (EC) No 1/2005 on the protection of animals during transport, and its relevant annexes, as published by the European Parliamentary Research Service (EPRS) (2) in October 2018,

| — | having regard to its resolution of 12 December 2012 on the protection of animals during transport (3), |
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having regard to its resolution of 12 December 2012 on the protection of animals during transport (3),

| — | having regard to the scientific opinion of 12 January 2011 of the European Food Safety Authority (EFSA) concerning the welfare of animals during transport (4), |
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having regard to the scientific opinion of 12 January 2011 of the European Food Safety Authority (EFSA) concerning the welfare of animals during transport (4),

| — | having regard to the report from the Commission to the European Parliament and the Council of 10 November 2011 on the impact of Council Regulation (EC) No 1/2005 on the protection of animals during transport (COM(2011)0700), |
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having regard to the report from the Commission to the European Parliament and the Council of 10 November 2011 on the impact of Council Regulation (EC) No 1/2005 on the protection of animals during transport (COM(2011)0700),

| — | having regard to the communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee of 15 February 2012 on the European Union Strategy for the Protection and Welfare of Animals 2012-2015 (COM(2012)0006), |
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having regard to the communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee of 15 February 2012 on the European Union Strategy for the Protection and Welfare of Animals 2012-2015 (COM(2012)0006),

| — | having regard to its Declaration No 49/2011 of 15 March 2012 on the establishment of a maximum 8-hour journey limit for animals transported in the European Union for the purpose of being slaughtered (5), |
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having regard to its Declaration No 49/2011 of 15 March 2012 on the establishment of a maximum 8-hour journey limit for animals transported in the European Union for the purpose of being slaughtered (5),

| — | having regard to the judgment of the Court of Justice of 23 April 2015 (6), |
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having regard to the judgment of the Court of Justice of 23 April 2015 (6),

| — | having regard to the European Court of Auditors Special Report No 31/2018 on animal welfare in the EU (7), |
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having regard to the European Court of Auditors Special Report No 31/2018 on animal welfare in the EU (7),

| — | having regard to Rule 52 of its Rules of Procedure, |
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having regard to Rule 52 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on the Environment, Public Health and Food Safety, the Committee on Transport and Tourism and the Committee on Petitions (A8-0057/2019), |
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having regard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on the Environment, Public Health and Food Safety, the Committee on Transport and Tourism and the Committee on Petitions (A8-0057/2019),

| A. | whereas the EU, as is stated in Article 13 of the Treaty on the Functioning of the European Union, considers animals not merely as goods or products or possessions, but as sentient beings, meaning that they are capable of feeling pleasure and pain; whereas EU legislation has translated this notion into measures which should ensure that animals are kept and transported under conditions that do not subject them to maltreatment, abuse, pain or suffering; whereas the EU is where animal welfare is most respected and defended, and it is an example for the rest of the world; |
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A.

whereas the EU, as is stated in Article 13 of the Treaty on the Functioning of the European Union, considers animals not merely as goods or products or possessions, but as sentient beings, meaning that they are capable of feeling pleasure and pain; whereas EU legislation has translated this notion into measures which should ensure that animals are kept and transported under conditions that do not subject them to maltreatment, abuse, pain or suffering; whereas the EU is where animal welfare is most respected and defended, and it is an example for the rest of the world;

| B. | whereas every year millions of animals are transported between Member States, within Member States and to third countries over long distances for breeding, rearing, further fattening and slaughter; whereas animals are also transported for recreation, for shows and as pets; whereas EU citizens are increasingly concerned about compliance with animal welfare standards, especially in live animal transport; |
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B.

whereas every year millions of animals are transported between Member States, within Member States and to third countries over long distances for breeding, rearing, further fattening and slaughter; whereas animals are also transported for recreation, for shows and as pets; whereas EU citizens are increasingly concerned about compliance with animal welfare standards, especially in live animal transport;

| C. | whereas Parliament called in its resolution of 12 December 2012 for journey times of animals intended for slaughter to be reduced to a maximum of eight hours; |
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C.

whereas Parliament called in its resolution of 12 December 2012 for journey times of animals intended for slaughter to be reduced to a maximum of eight hours;

| D. | whereas, according to the definition of 2008 of the World Organisation for Animal Health (OIE), animal welfare means that an animal is healthy, has enough space, is well nourished, feels safe, is free to express normal patterns of behaviour and does not suffer from feelings such as fear, pain and distress; whereas this is not the case in the vast majority of cases in live animal transport, in particular over long distances; |
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D.

whereas, according to the definition of 2008 of the World Organisation for Animal Health (OIE), animal welfare means that an animal is healthy, has enough space, is well nourished, feels safe, is free to express normal patterns of behaviour and does not suffer from feelings such as fear, pain and distress; whereas this is not the case in the vast majority of cases in live animal transport, in particular over long distances;

| E. | whereas Regulation (EC) No 1/2005 on the protection of animals during transport operations applies to the transport of all live vertebrate animals carried out within the Union; |
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E.

whereas Regulation (EC) No 1/2005 on the protection of animals during transport operations applies to the transport of all live vertebrate animals carried out within the Union;

| F. | whereas Member States are responsible for ensuring the correct implementation and enforcement of the Regulation at national level, including official inspections, while the Commission is responsible for ensuring that Member States implement EU legislation properly; |
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F.

whereas Member States are responsible for ensuring the correct implementation and enforcement of the Regulation at national level, including official inspections, while the Commission is responsible for ensuring that Member States implement EU legislation properly;

| G. | whereas Member States are not enforcing Regulation (EC) No 1/2005 stringently or strictly enough within the EU and are not seeking its enforcement at all outside the EU; |
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G.

whereas Member States are not enforcing Regulation (EC) No 1/2005 stringently or strictly enough within the EU and are not seeking its enforcement at all outside the EU;

| H. | whereas the large number of infringements identified by the Commission’s DG SANTE in 2017 in several Member States would require the initiation of the relevant Treaty infringement proceedings; |
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H.

whereas the large number of infringements identified by the Commission’s DG SANTE in 2017 in several Member States would require the initiation of the relevant Treaty infringement proceedings;

| I. | whereas transport is stressful for animals as it exposes them to a range of challenges deleterious to their welfare; whereas, as regards trade with certain third countries, additional animal suffering is caused by very long journeys including long delays at borders for checking documents, vehicles and the fitness of animals for transport; |
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I.

whereas transport is stressful for animals as it exposes them to a range of challenges deleterious to their welfare; whereas, as regards trade with certain third countries, additional animal suffering is caused by very long journeys including long delays at borders for checking documents, vehicles and the fitness of animals for transport;

| J. | whereas the quality and frequency of the Member States’ inspections have a direct impact on the level of compliance with the requirements; whereas an analysis of Member States’ inspection reports reveals huge differences between Member States in terms of the number of inspections, ranging from zero to several million per annum, and the incidence of infringements, ranging from zero to 16,6 %, which suggests that Member States take different approaches to inspections, e.g. random versus risk-based strategies; whereas such differences in approach also make it impossible for data to be compared between Member States; |
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J.

whereas the quality and frequency of the Member States’ inspections have a direct impact on the level of compliance with the requirements; whereas an analysis of Member States’ inspection reports reveals huge differences between Member States in terms of the number of inspections, ranging from zero to several million per annum, and the incidence of infringements, ranging from zero to 16,6 %, which suggests that Member States take different approaches to inspections, e.g. random versus risk-based strategies; whereas such differences in approach also make it impossible for data to be compared between Member States;

| K. | whereas training and education of drivers to promote careful driving based on which types of animals are being transported would improve the welfare of animals during transport (8); |
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K.

whereas training and education of drivers to promote careful driving based on which types of animals are being transported would improve the welfare of animals during transport (8);

| L. | whereas proper animal handling can result in reduced time for loading and unloading animals, reduced weight loss, fewer injuries and wounds and better meat quality; |
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L.

whereas proper animal handling can result in reduced time for loading and unloading animals, reduced weight loss, fewer injuries and wounds and better meat quality;

| M. | whereas there are extensive studies proving that animal welfare has an impact on meat quality; |
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M.

whereas there are extensive studies proving that animal welfare has an impact on meat quality;

| N. | whereas the quality of stockmanship at loading and unloading, together with care in transit, should remain the primary focus in order to protect animal welfare during transport; |
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N.

whereas the quality of stockmanship at loading and unloading, together with care in transit, should remain the primary focus in order to protect animal welfare during transport;

| O. | whereas fitness for transport is a major factor in ensuring animal welfare during transport, as welfare risks during transport are greater for animals which are injured, weakened, pregnant, unweaned or sick; whereas there can be uncertainty as regards fitness for transport and stage of gestation; |
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O.

whereas fitness for transport is a major factor in ensuring animal welfare during transport, as welfare risks during transport are greater for animals which are injured, weakened, pregnant, unweaned or sick; whereas there can be uncertainty as regards fitness for transport and stage of gestation;

| P. | whereas fitness issues are responsible for the largest percentage of infringements, while documentation issues account for the second largest; |
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P.

whereas fitness issues are responsible for the largest percentage of infringements, while documentation issues account for the second largest;

| Q. | whereas there is often confusion among those responsible about what needs to be done if animals are declared unfit for transport; |
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Q.

whereas there is often confusion among those responsible about what needs to be done if animals are declared unfit for transport;

| R. | whereas those responsible are often uncertain as to how far an animal’s pregnancy has progressed; |
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R.

whereas those responsible are often uncertain as to how far an animal’s pregnancy has progressed;

| S. | whereas it is particularly problematic to transport unweaned calves and lambs; |
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S.

whereas it is particularly problematic to transport unweaned calves and lambs;

| T. | whereas farmers are the party most interested keeping in their animals fit for transport and which has most to lose if transport does not comply with the existing rules; |
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T.

whereas farmers are the party most interested keeping in their animals fit for transport and which has most to lose if transport does not comply with the existing rules;

| U. | whereas there are often shortcomings in providing animals with sufficient food and water and observing the 24-hour rest period when there is a stop at a verified control post; |
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U.

whereas there are often shortcomings in providing animals with sufficient food and water and observing the 24-hour rest period when there is a stop at a verified control post;

| V. | whereas transport vehicles are often overcrowded; whereas high temperatures and inadequate ventilation inside the vehicle are a major problem; |
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V.

whereas transport vehicles are often overcrowded; whereas high temperatures and inadequate ventilation inside the vehicle are a major problem;

| W. | whereas there have been recent outbreaks in various Member States of infectious animal diseases such as African swine fever, avian flu and small ruminant and bovine animal diseases; whereas transport of live animals can increase the risk of spread of those diseases; |
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W.

whereas there have been recent outbreaks in various Member States of infectious animal diseases such as African swine fever, avian flu and small ruminant and bovine animal diseases; whereas transport of live animals can increase the risk of spread of those diseases;

| X. | whereas the transport of meat and other animal-derived products, as well as of semen and embryos, is technically and administratively easier and sometimes financially more beneficial for livestock farmers than the transport of live animals for the purpose of slaughter or breeding; whereas the Federation of Veterinarians of Europe (FVE) and the OIE emphasise that animals should be reared as close as possible to the premises in which they were born and should be slaughtered as close as possible to the point of production; whereas the availability of slaughter facilities, including mobile facilities, at or near rearing sites can help generate livelihoods in rural areas; |
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X.

whereas the transport of meat and other animal-derived products, as well as of semen and embryos, is technically and administratively easier and sometimes financially more beneficial for livestock farmers than the transport of live animals for the purpose of slaughter or breeding; whereas the Federation of Veterinarians of Europe (FVE) and the OIE emphasise that animals should be reared as close as possible to the premises in which they were born and should be slaughtered as close as possible to the point of production; whereas the availability of slaughter facilities, including mobile facilities, at or near rearing sites can help generate livelihoods in rural areas;

| Y. | whereas slaughtering animals as close as possible to where they were bred would be the best way to ensure their welfare; |
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Y.

whereas slaughtering animals as close as possible to where they were bred would be the best way to ensure their welfare;

| Z. | whereas there is an uneven spread of slaughterhouses across Member States, |
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Z.

whereas there is an uneven spread of slaughterhouses across Member States,

| AA. | whereas for some Member States and supply chains in the Union, the live transport of animals, for further production or slaughter, is important to ensure competition in the marketplace; |
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AA.

whereas for some Member States and supply chains in the Union, the live transport of animals, for further production or slaughter, is important to ensure competition in the marketplace;

Recommendations

Implementation and enforcement

| 1. | Notes that each year millions of animals are transported live for slaughter or breeding within the EU and from the EU to third countries; considers that, where correctly implemented and enforced, Regulation (EC) No 1/2005 has a positive impact on the welfare of animals during transport; welcomes the Commission’s guidelines on the subject, but regrets that, according to the European Court of Auditors Special Report No 31/2018, those guidelines and some of the actions planned by the Commission were delayed by up to five years; notes that severe problems with transport still persist and that the enforcement of the Regulation would appear to be the primary concern of those involved in its implementation; |
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1.

| 2. | Highlights the fact that the Committee on Petitions receives a very large number of petitions on animal welfare during transport, which frequently denounce systematic, continuous and serious violations of Council Regulation (EC) No 1/2005 by both Member States and transporters; |
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2.

| 3. | Stresses that the suffering of animals during transport is a cause of considerable social concern; notes that, on 21 September 2017, the Commission received over one million signatures in support of the #StopTheTrucks campaign, in which EU citizens call for an end to long-distance transport; |
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3.

| 4. | Regrets the fact that the degree of progress in implementation of Regulation (EC) No 1/2005 by Member States has been insufficient to meet the Regulation’s main objective, which is to improve animal welfare during transport, particularly in relation to the verification of journey logs and the application of penalties; calls on Member States to substantially improve compliance with the Regulation; calls on the Commission to ensure an effective and uniform enforcement of existing EU legislation on animal transport across all Member States; urges the Commission to pursue legal action against, and impose sanctions on, Member States which fail to apply the Regulation correctly; |
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4.

| 5. | Emphasises that partial implementation is insufficient to achieve the Regulation’s overarching purpose of avoiding injury to or undue suffering of animals or their death during transport, and that greater efforts should therefore be made to prevent serious incidents which have a significant impact on animal welfare and to prosecute those responsible for them; |
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5.

| 6. | Regrets that a number of issues related to Regulation (EC) No 1/2005 are yet to be resolved, including: overcrowding; insufficient headroom; failure to provide the required rest stops, food and water; inadequate ventilation and watering devices; transport in extreme heat; transport of unfit animals; transport of unweaned calves; the need to ascertain the pregnancy status of live animals; the extent to which the journey logs are checked; the infringement/enforcement/penalty relationship; the ‘mixed’ impact of training, education and certification; and insufficient bedding, as also identified by the European Court of Auditors in its Special Report No 31/2018 and by NGOs in complaints lodged with the Commission; calls for improvement in the abovementioned areas; |
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6.

| 7. | Calls on all Member States to ensure that journeys are planned and executed, from departure to destination, in line with EU animal welfare requirements, taking into account the different means of transport and the range of geographical conditions across the EU and third countries; |
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7.

| 8. | Stresses that the systematic breach of the Regulation in certain areas and some Member States leads to unfair competition resulting in an uneven playing field between operators in the different Member States, which in turn can lead to a ‘race to the bottom’ regarding animal welfare standards during transport; calls on the Commission, given that sanction levels can be more than ten times higher in some Member States than in others, to develop a harmonised EU sanction system, in order to ensure that penalties are effective, proportionate and dissuasive, taking into account repeated infringements; calls on the Commission to develop a roadmap to align sanctions across the Member States; |
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8.

| 9. | Regrets that the Commission ignored Parliament’s resolution of 12 December 2012, and emphasises that strong and harmonised enforcement with effective, proportionate and dissuasive penalties in accordance with Article 25 of the Regulation is central to improving animal welfare during transport and that the Member States cannot restrict themselves simply to issuing recommendations and instructions; calls on the Commission to act on the call in that resolution to check the Regulation for incompatibilities with legal requirements in individual Member States; |
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9.

| 10. | Considers that repeated infringements, where they occur in circumstances over which the transporter had control, should lead to prosecution; calls on Member States to prosecute breaches of the Regulation, especially for repeated infringements; considers that effective, proportionate and dissuasive penalties should include the confiscation of vehicles and compulsory retraining of those responsible for the welfare and transport of animals, and believes this should be harmonised through the Union; considers that the penalties should reflect the damage, scope, duration and recurrence of the infringement; |
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10.

| 11. | Calls on the Member States to make more effective use of the strong enforcement powers conferred on them under the Regulation, including the obligation to require transporters to establish systems to prevent the recurrence of breaches and to suspend or withdraw a transporter’s authorisation; calls on the Member States to take sufficient corrective actions and introduce sanctions in order to avoid animal suffering and deter continued non-compliance on the part of operators; calls on the Member States and the Commission to aim for zero non-compliance in implementing and enforcing the Regulation; |
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11.

| 12. | Calls on the Commission to draw up, after consultation of the National Contact Points, a list of operators who have perpetrated repeated and serious breaches of the Regulation, on the basis of inspection and implementation reports; calls on the Commission to publish frequent updates of this list, and also to promote examples of best practice in both transport and governance; |
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12.

| 13. | Emphasises that non-compliance with the Regulation by Member States threatens its purpose of preventing the occurrence and spread of infectious animal diseases, as transport is one of the causes of the rapid spread of such diseases, including those which can be transmitted to humans; notes that vehicles often do not conform to the requirements of Article 12 of the amended Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (9); considers, in particular, that inadequate waste storage poses risks for the spread of antimicrobial resistance and disease; calls on the Commission to develop harmonised procedures to grant approval to vessels and trucks and to take action to prevent the spreading of infectious animal diseases through transport, both within the EU and from third countries, by promoting biosecurity measures and greater animal welfare; |
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13.

| 14. | Calls for increased cooperation between competent authorities to strengthen enforcement by using technology to create a real-time feedback loop between the Member State of the point of departure, the Member State of the point of arrival and any countries of transit; calls on the Commission to develop geolocation systems to enable tracking of the animals' location and the duration of journeys in transport vehicles, as well as any non-compliance with transport schedules; takes the view that where animals which start out in a good state of fitness arrive unfit, this should result in a full investigation, and in the event of recurrence the responsible parties in the transport chain must be immediately penalised in accordance with the law, and the owner-farmer must be entitled to compensation under national law for any resultant loss of income; further takes the view that the competent authorities should severely penalise the organiser and the certifying officer of any journey log created in the Member State of departure in the event of the log being falsely or misleadingly filled in; |
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14.

| 15. | Considers that enforcement is particularly difficult when a journey passes through several Member States and when the various enforcement tasks (journey log approval, transporter authorisation, certification of competence and of vehicle approval, etc) are undertaken by several different Member States; calls on Member States that find breaches to notify all other Member States involved, as required by Article 26 of the Regulation, in order to prevent recurrence of the infringements and enable optimised risk assessment; |
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15.

| 16. | Asks the Commission to submit regular reports to Parliament on the implementation and enforcement of the Regulation, including breakdown of infringements by Member State, by species and by type of infringement, in relation to the volume of live animal transport per Member State; |
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16.

| 17. | Welcomes the cases where governments, scientists, businesses, industry representatives and national competent authorities have worked together to define best practices in order to ensure compliance with the requirements of the legislation, as is the case inter alia with the Animal Transport Guides website; calls on the Commission to disseminate and promote best practices for the Member States regarding the transport of livestock, and to support the EU animal welfare platform, promoting enhanced dialogue and the exchange of good practices between all actors; calls on the Commission to develop a new animal welfare strategy for the period 2020-2024 and to support innovation in animal transport; |
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17.

| 18. | Calls on the Commission to continue cooperating with the OIE, EFSA and the Member States in order to support the implementation and proper enforcement of Regulation (EC) No 1/2005, with a view to promoting an enhanced dialogue on issues relating to animal welfare during transport, with a particular focus on:






  — | better application of EU rules on animal welfare during transport, through exchanges of information and best practices and the direct involvement of stakeholders; |
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18.

—

better application of EU rules on animal welfare during transport, through exchanges of information and best practices and the direct involvement of stakeholders;

| — | supporting training activities aimed at drivers and transport companies; |
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—

supporting training activities aimed at drivers and transport companies;

| — | better dissemination of the Animal Transport Guides and Factsheets, translated into all EU languages; |
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better dissemination of the Animal Transport Guides and Factsheets, translated into all EU languages;

| — | development of and action on voluntary commitments on the part of businesses to further improve animal welfare during transport; |
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—

development of and action on voluntary commitments on the part of businesses to further improve animal welfare during transport;

| — | increased exchanges of information and greater use of best practices among national authorities in order to reduce the number of infringements caused by transport companies and drivers; |
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—

increased exchanges of information and greater use of best practices among national authorities in order to reduce the number of infringements caused by transport companies and drivers;

| 19. | Calls on the Commission to assess the compatibility of the Regulation with Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport (10), as regards driving time and drivers’ rest periods; |
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19.

| 20. | Stresses the importance of distinguishing between the responsibility of animal transport undertakings and that of farmers, as it is undertakings, and not farmers, that should be held accountable for problems arising from the transport of animals; recalls that farmers are the most interested in animal welfare, for emotional and affective reasons, but also economic reasons; |
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20.

| 21. | Recalls that the Commission, in its role as guardian of the Treaties, is responsible for monitoring whether EU laws are applied correctly; calls on the European Ombudsman to investigate whether the Commission has consistently failed to ensure compliance with the current Regulation and whether it could thus be held responsible for maladministration; |
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21.

| 22. | Regrets the decision taken by the Conference of Presidents not to propose the setting up of a parliamentary committee of inquiry on the welfare of animals during transport within and outside the EU, despite the support of a large number of MEPs from different political groups; recommends, therefore, that Parliament establish a committee of inquiry on the welfare of animals during transport within and outside the EU as from the beginning of the next parliamentary term in order to properly investigate and monitor alleged contraventions and maladministration in the application of Council Regulation (EC) No 1/2005 on the protection of animals during transport; |
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22.

Data collection, inspections and monitoring

| 23. | Regrets the difficulty of carrying out a coherent analysis of the implementation of the Regulation that exists owing to differing approaches to data collection between Member States; calls on the Commission to set common minimum standards for tracing systems regarding all journeys in order to allow more harmonised data collection and assessment of the parameters monitored; calls on the Member States to step up their efforts to supply the Commission with harmonised, comprehensive and complete data on transport inspections and infringement levels; calls on the Member States to carry out more unannounced controls and to develop and apply a risk-based strategy in order to target their inspection activities on high-risk forms of transport so as to maximise the efficiency of the limited inspection resources; |
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23.

| 24. | Notes that the Commission, according to the 2018 Court of Auditors Special Report on animal welfare in the EU, has recognised that the data reported by Member States is not sufficiently complete, consistent, reliable or detailed to permit drawing conclusions on compliance at EU level; |
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24.

| 25. | Stresses that inspections must be carried out uniformly throughout the Union and on an adequate proportion of the animals transported each year within each Member State, in order to guarantee and maintain the proper functioning of the internal market and avoid distortions of competition within the EU; calls, in addition, on the Commission to increase the number of unannounced spot inspections by the Food and Veterinary Office (FVO) focused on animal welfare and the transport of animals; believes that differing methods of data collection and control mechanisms make it difficult to establish an accurate picture of compliance in individual Member States; calls on the Commission, therefore, to adopt a more harmonised reporting structure and to undertake further analysis of the data generated by FVO inspection reports and from Member States’ returns relating to their Multiannual National Control Plans (MANCPs); recognises that the DG SANTE audits serve as an important source of information for the Commission to assess the implementation of the current Regulation; calls on the Commission to carry out at least seven unannounced visits every year, in line with the Court of Auditors’ recommendation; |
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25.

| 26. | Calls on the Commission to provide guidance to Member States on how the Trade Control and Expert System (TRACES) can be used to support the preparation of risk analyses for inspections regarding the transport of live animals, as recommended by the Court of Auditors in its 2018 Special Report, which notes that the authorities of the Member States responsible for transport inspections were rarely using information from TRACES to target inspections; calls for a more effective and transparent monitoring system, including public access to information collected via TRACES; further calls for an increase in the number of yearly inspections by the FVO; |
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26.

| 27. | Calls on the Member States to increase controls across the entire production chain and, in particular, to carry out efficient and systematic inspections of animal consignments before loading, in order to halt practices that breach the Regulation and worsen conditions for the transport of animals by land or sea, such as allowing overstocked means of transport or unfit animals to continue their long journeys, or permitting the continued use of control posts with inadequate facilities for resting, feeding and watering animals in transport; |
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27.

| 28. | Is concerned about the low level of inspections in some Member States and the low or zero level of infringements reported; questions the accuracy of inspection systems and reporting; calls on those Member States which currently conduct few inspections or none at all to carry out inspections in sufficient numbers, and to submit comprehensive inspection reports to the Commission; |
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28.

| 29. | Calls on the Member States also to inspect intra-European transport where animals are being loaded on to vehicles in order to check compliance with the requirements of Regulation (EC) No 1/2005; |
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29.

| 30. | Agrees with the Commission that it is good practice for competent authorities to inspect all consignments destined for non-EU countries at loading stage (11); believes that a percentage of intra-EU consignments should also be inspected at loading stage in proportion to the number of violations reported by NGOs and FVO inspections; considers that competent authorities should check at loading stage that the Regulation’s requirements on floor space and headroom are being respected, that the ventilation and water systems are operating properly, that the drinking devices are working properly and are appropriate to the species carried, that no unfit animals are loaded, and that sufficient feed and bedding are being carried; |
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30.

| 31. | Calls on the Member States to ensure that there is a sufficient number of accessible, clean and functioning drinking facilities in keeping with the needs of each species, that the water tank has been filled and that there is a sufficient quantity of fresh litter; |
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31.

| 32. | Calls on the Member States to ensure that the competent authorities verify that the journey logs contain realistic information, and thus comply with Article 14(1) of the Regulation; |
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32.

| 33. | Calls on the Member States to ensure that transport vehicles comply with the minimum space requirements set out in Chapter VII of Annex I to the Regulation and that in case of high temperatures the animals are allowed correspondingly more space; |
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33.

| 34. | Calls on the Member States to ensure that the internal height of transport vehicles meets minimum standards and that there are no gaps between the floor or vehicle wall and the partitions; |
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34.

| 35. | Acknowledges that some progress has been made in animal transport within the EU, but is concerned at the number of reports of inappropriate vehicles being used to transport live animals by both land and sea, and calls for the monitoring and sanctioning of such practices to be stepped up; recognises that the requirements set out in Articles 20 and 21 of the Regulation regarding transport by livestock vessels are often disregarded; calls on Member States not to authorise the use of vehicles and livestock vessels which do not comply with the provisions of the Regulation, and to withdraw authorisations already issued in the event of non-compliance; calls on Member States to be more rigorous in both certification and approval procedures for vehicles and granting certificates of competence to drivers; |
| --- | --- |

35.

| 36. | Calls, therefore, for harmonised and binding standards for the authorisation of vehicles and vessels as means of transport for livestock, which should be issued by a central EU authority; whereas that authority should be responsible for determining the suitability of the means of transport for transporting animals in terms of the vehicles’ state and the nature of their equipment (e.g. on-board presence of an appropriate satellite navigation system); |
| --- | --- |

36.

| 37. | Calls on operators to provide for the thorough training of drivers and attendants in line with Annex IV to the Regulation, so as to ensure correct treatment of animals; |
| --- | --- |

37.

| 38. | Recognises that some Member States have ships and ports which meet the required standards, but highlights that poor conditions nonetheless prevail during maritime transport, particularly in relation to loading and offloading; calls on Member States to be more rigorous in their certification and approval procedures for vessels, to improve their pre-loading checks on livestock vessels and animal fitness, and to properly inspect loading operations in line with the Regulation; calls on Member States to provide the Commission with detailed plans of their inspection facilities; calls on the Commission to draw up, update and circulate a list of ports with adequate animal inspection facilities; further calls on the competent authorities not to approve journey logs that plan to use ports without such facilities; calls on Member States to adapt their ports and ensure due maintenance of their vessels, in order to improve the conditions of animal welfare in animal maritime transport; |
| --- | --- |

38.

| 39. | Calls on the Commission to approve innovative alternatives for export checks in accordance with Article 133(2) of Regulation (EU) 2016/429 (12), such as platform inspections, which are an improvement for animal welfare as they have a lower stocking rate and do not require animals to be unloaded, thus shortening waiting times; |
| --- | --- |

39.

| 40. | Notes that the requirement of animal health certificates for transport across Member States creates a negative incentive to choose domestic destinations over the closest possible destination; calls on the Commission to use its powers under Article 144(1) of Regulation (EU) 2016/429 to adopt a delegated act that would provide a derogation for movements that pose a low risk for the spread of disease; |
| --- | --- |

40.

Journey times

| 41. | Insists that the journey time for all animals being transported should be only as long as necessary, taking into account the geographical differences at Member State level and in line with recital 5 of the Regulation, which states that ‘for reasons of animal welfare the transport of animals over long journeys ... should be limited as far as possible’ and its recital 18, which states that ‘long journeys are likely to have more detrimental effects on the welfare of animals than short ones’; |
| --- | --- |

41.

| 42. | Insists that the transport time for animals, including loading and unloading time, must take into account species-specific veterinary advice, irrespective of whether land, sea or air transport is involved; |
| --- | --- |

42.

| 43. | Regrets the infringements of the Regulation that concern non-application or incorrect application of the specific rules concerning unweaned animals, such as calves, lambs, kids, foals and piglets, which are still on a milk diet, and calls for the introduction of more detailed measures to ensure that the welfare of these animals is fully protected during transport; |
| --- | --- |

43.

| 44. | Calls on the Member States to ensure that unweaned animals are unloaded for at least one hour so they can be supplied with electrolytes or milk substitutes and that they are not transported for more than eight hours in total; |
| --- | --- |

44.

| 45. | Calls on the Commission to provide a definition of unweaned animal per species, and to limit the journeys of unweaned animals to both a maximum distance of 50 km and a maximum duration of 1.5 hours, given the difficulty of ensuring their welfare during transport; |
| --- | --- |

45.

| 46. | Points out that transport planning documents often only specify placenames and fail to provide precise addresses of control, supply and assembly points, which makes controls significantly more difficult; |
| --- | --- |

46.

| 47. | Calls, taking into account Parliament’s resolution of 12 December 2012, for animal journey times to be as short as possible and in particular for the avoidance of long and very long journey times as well as journeys outside the EU’s borders, by employing alternative strategies, such as ensuring economically viable and fairly distributed local or mobile slaughter facilities near livestock farms, promoting short distribution circuits and direct sales, replacing, when possible, the transport of breeding animals by using semen or embryos, and transporting carcasses and meat products, as well as by means of regulatory or non-regulatory initiatives in Member States to facilitate on-farm slaughter; calls on the Commission to clearly define specific lower journey times as appropriate, for the transport of all the various species of live animals, and also for the transport of unweaned animals; |
| --- | --- |

47.

| 48. | Notes that a variety of requirements, as well as changing market conditions and policy decisions, have rendered small slaughterhouses economically unviable, resulting in an overall decline in their numbers; urges the Commission and local authorities in Member States to support and promote, where needed, the options of on-farm slaughter, economically viable local or mobile slaughter, and meat processing facilities within Member States, so that animals are slaughtered as close as possible to their place of rearing, which is also in the interests of maintaining employment in rural areas; calls on the Council and Commission to develop a strategy for moving towards a more regional model of livestock production in which animals are born, fattened and slaughtered in the same region, wherever practicable taking into account geographical differences, instead of being transported over extremely long distances; |
| --- | --- |

48.

| 49. | Urges the Commission to examine how farmers, slaughterhouses and the meat processing industry could be incentivised to slaughter animals at the nearest facility in order to prevent lengthy animal transport times and reduce emissions; calls on the Commission to facilitate innovative solutions in this regard, such as mobile slaughtering, while ensuring high animal welfare standards; |
| --- | --- |

49.

| 50. | Considers that in certain cases a reduction in the permitted journey times, as currently laid down in Chapter V of Annex 1 to the Regulation, would not be viable, and that therefore solutions should be found for cases where geographical circumstances and rural isolation require the transport of live animals over land and/or sea for further production or slaughter; |
| --- | --- |

50.

| 51. | Calls on the Member States to allow emergency slaughtering directly on the livestock and fattening farms, where appropriate, in the event that an animal is found to be unfit to be transported and where first aid measures prove ineffective, in order to avoid unnecessary animal suffering; |
| --- | --- |

51.

| 52. | Notes that the societal and economic value of an animal can impact on its standard of transportation; highlights that transport standards for breeding animals in the equine industry are of high quality; |
| --- | --- |

52.

| 53. | Calls on the Commission to develop a strategy to ensure a shift from live animal transport to a mainly meat-and-carcass and germinal products trade, given the environmental and animal welfare and health impacts of live animal transport; considers that any such strategy must address the economic factors that influence the decision to transport live animals; calls on the Commission to include transport to third countries in this strategy; |
| --- | --- |

53.

| 54. | Calls on the Member States to make programmes for the religious slaughter of animals available in slaughterhouses, given that a large proportion of exports of live animals are to Middle Eastern markets; |
| --- | --- |

54.

| 55. | Recognises the current market distortion caused by differing tariffs applied to live animals and to meat, which strongly incentivises the trade in live animals; urges the Commission, alongside its trading partners, to review this distortion with the aim of reducing the trade in live animals and, where necessary, replacing these sales with meat; |
| --- | --- |

55.

| 56. | Recalls that, under the current Regulation, a rest break at an approved control post is already mandatory after the maximum period of transport of domestic Equidae and domestic animals of the bovine, ovine, caprine and porcine species, where the transport time exceeds eight hours; |
| --- | --- |

56.

Animal welfare

| 57. | Calls on the competent authorities of the Member States to ensure that official veterinarians are present at Union exit points, tasked with verifying that animals are fit to continue their journey and that vehicles and/or vessels meet the requirements of the Regulation; notes in particular that Article 21 of the Regulation specifies that veterinarians shall check vehicles before they leave the EU, to ensure that they are not overcrowded, provide sufficient headroom, provide bedding, and are carrying sufficient feed and water, and that the ventilation and water devices are functioning correctly; |
| --- | --- |

57.

| 58. | Encourages the use of contingency plans for all journeys, including, for example, replacement trucks and contingency centres, to enable the transporter to respond in an effective manner to emergencies and reduce the impact of a delay or accident on the animals transported for breeding or slaughter, as is already required of transporters on long journeys under the Regulation; |
| --- | --- |

58.

| 59. | Insists that animal welfare legislation should be based on science and the latest technology; deplores the fact that, despite clear recommendations from EFSA and Parliament’s request in its 2012 resolution, the Commission has failed to update the rules on animal transport with the latest scientific evidence; calls on the Commission, therefore, to update the rules addressing specific needs on the basis of the latest scientific knowledge and technology, in particular as regards factors including sufficient ventilation and temperature and humidity control through air conditioning in all vehicles, appropriate drinking systems and liquid feed, particularly for unweaned animals, reduced stocking densities and specified sufficient minimum headroom, and for the vehicles to be adapted to the needs of each species; highlights the EFSA opinion’s conclusion that other aspects come into play in the welfare of animals aside from the duration of the journey, such as proper loading and unloading, as well as vehicle design; |
| --- | --- |

59.

| 60. | Expresses concern over journeys in which animals are watered with contaminated water that is unfit for consumption or are deprived of access to water because of malfunctioning or badly located watering devices; stresses the need to ensure that vehicles used for the transport of live animals carry sufficient water during journeys, and that in any case the amount supplied should be appropriate for the specific requirements of the animals being transported and for the number of those animals; |
| --- | --- |

60.

| 61. | Welcomes the Commission's commitment to develop animal-based welfare indicators which should promote better welfare outcomes for animals in transport; considers that it should develop these indicators without delay so that they can be used as a complement to current legislative requirements; |
| --- | --- |

61.

| 62. | Calls on the Commission to ensure that any future revision of the legislation on animal welfare during transport is based on objective and scientifically sound indicators, in order to prevent arbitrary decisions having an unjustified economic impact on livestock sectors; |
| --- | --- |

62.

| 63. | Insists that under EU law farmers are legally responsible for ensuring that their animals being transported will not be caused injury, harm or any undue suffering; |
| --- | --- |

63.

| 64. | Stresses that infringements are often due to the inadequacy of the ventilation systems of vehicles used for the road transport of live animals over long distances, and that in these situations, animals are forced into small spaces with extreme temperatures, well beyond the range of temperatures and tolerance limits set out in the Regulation; |
| --- | --- |

64.

| 65. | Calls on the Commission to ensure that stunning is performed, without exception, before religious ritual slaughter in all Member States; |
| --- | --- |

65.

| 66. | Regrets that compartments for animals do not always provide sufficient space to allow adequate ventilation inside vehicles and that natural movements for animals are prevented, often forcing them to take up unnatural positions for long periods, in clear violation of the technical rules set out in Article 6 of the Regulation and Chapter II, point 1.2 of Annex I thereto; |
| --- | --- |

66.

| 67. | Considers it necessary to make it compulsory for veterinarians to be present on board ships used for the transport of live animals, to report and keep count of the number of animals that die during the journeys, and to draw up emergency plans to deal with any situations at sea that might have a negative impact on the welfare of the animals being transported; |
| --- | --- |

67.

| 68. | Notes that farmers, transporters and competent authorities across Member States interpret and enforce Regulation (EC) No 1/2005 differently, especially with regard to the fitness of animals for transport; calls on the Commission to revise the Regulation in order to specify the requirements for transport in greater detail where necessary; urges the Commission and the Member States, in the context of a level playing field, to ensure that in future the Regulation is enforced and implemented in a harmonised and uniform way throughout the Union, in particular as regards the fitness of animals to be transported; |
| --- | --- |

68.

| 69. | Calls on the Commission to develop a full working definition of what constitutes animals’ fitness for transport, and to draft practical guidelines for its assessment; calls on the Member States to provide awareness-raising and information activities, including solid, regular and mandatory training courses, education and certification for drivers, transporters, traders, assembly centres, slaughterhouses, veterinarians, border agents and any other operator involved in the transport of animals in order to reduce the high levels of fitness infringements; calls on operators to ensure the thorough training of drivers and attendants in line with Annex IV to the Regulation; |
| --- | --- |

69.

| 70. | Calls for strict vigilance to ensure that sick, weak or lightweight animals, lactating animals, pregnant females and females not meeting the necessary weaning time are not transported; |
| --- | --- |

70.

| 71. | Stresses that, in accordance with Regulation (EC) No 1/2005, it is already mandatory to provide animals being transported over long distances with water, feed and rest, at suitable intervals and as appropriate to their species and age; urges the Commission to conduct more effective monitoring with a view to ensuring the full and harmonised compliance with these legal requirements on the part of all Member States; |
| --- | --- |

71.

| 72. | Stresses the need for Member States to ensure that animal transport is properly organised, taking account of weather conditions and type of transport; |
| --- | --- |

72.

| 73. | Stresses that when animals are required to be unloaded for a 24-hour rest period in third countries, the organiser must identify a place for rest with facilities equivalent to those of an EU control post; calls on the competent authorities to regularly inspect these facilities and not to approve journey logs if the proposed place for rest has not been confirmed to have EU-equivalent facilities; |
| --- | --- |

73.

| 74. | Calls on the Member States to ensure that the transport planning includes proof of a reservation, including feed, water and fresh litter, at a control post; calls on the Commission to define the requirements for the location and facilities of places of rest; |
| --- | --- |

74.

| 75. | Recognises that lower stocking densities and interrupting journeys to let animals rest have an adverse economic impact on transport operators which may affect the proper handling of transported animals; calls on the Commission to encourage incentives for their proper handling; |
| --- | --- |

75.

| 76. | Calls on the Member States to ensure an improvement in farm record-keeping on gestation periods; |
| --- | --- |

76.

| 77. | Calls on the Commission to formulate, on the basis of scientific findings, guidelines regarding water for animals transported in cages and conditions for transporting chicks that promote a high level of welfare; |
| --- | --- |

77.

| 78. | Recalls that Member States must find welfare-compliant solutions for animals at the end of their lives and production cycles; |
| --- | --- |

78.

Economic help

| 79. | Calls for more extensive use of the rural development measure ‘animal welfare payments’, pursuant to Article 33 of Regulation (EU) No 1305/2013 (13), which provides support for high standards of animal welfare going beyond the applicable mandatory standards; |
| --- | --- |

79.

| 80. | Calls for the upcoming CAP reform to maintain and reinforce the link between CAP payments and improved animal welfare conditions which fully respect or go beyond the standards set out in Regulation (EC) No 1/2005; |
| --- | --- |

80.

| 81. | Urges support for measures to bring about a balanced distribution of slaughterhouses in the Member States that ensures that livestock numbers in a given region are taken into account; |
| --- | --- |

81.

Third countries

| 82. | Is concerned at the persistent reports of animal transport and welfare problems in certain third countries; notes that slaughter in certain third countries to which the EU sends animals entails extreme and prolonged suffering and regularly breaches the international standards on welfare at slaughter as laid down by the OIE; while acknowledging that demand in third countries is often for live animals, calls on the Commission and the Member States to promote a shift, when possible, towards the transport of meat or carcasses, instead of live animals, to third countries, as well as the transport of semen or embryos instead of breeding animals; |
| --- | --- |

82.

| 83. | Strongly criticises the statistics drawn up by the Commission on compliance with the regulation as regards the journeys made to transport live animals to non-EU countries, and stresses that they have been drawn up without any systematic checks on animal transport vehicles |
| --- | --- |

83.

| 84. | Requests the Commission, in its bilateral trade negotiations with third countries, to demand compliance with the EU’s animal welfare rules and to defend the internationalisation, within the framework of the World Trade Organisation, of the Union provisions on the subject; |
| --- | --- |

84.

| 85. | Regrets the fact that the standards practised by certain third countries are not as high as those within the EU; calls on the Commission to strengthen the existing requirements vis-à-vis the Union’s trading partners, especially regarding trade in and transport of animals, so that they are at least as stringent as EU standards; calls on Member States exporting to third countries to work with local authorities to improve animal welfare standards; |
| --- | --- |

85.

| 86. | Calls for consistent and full compliance with the 2015 judgment of the Court of Justice of the European Union in Case C-424/13, in which the Court ruled that, for the transport of animals involving a long journey commencing in EU territory and then continuing outside of it, the transporter, in order to be authorised to depart, must submit a journey log which is realistic in terms of compliance, with particular attention to the temperature forecast; calls on competent authorities not to approve journey logs where, in line with the Court’s ruling, animals must be unloaded for a 24-hour rest in a non-EU country except where the organiser has identified a place for that rest that provides facilities equivalent to those of a control post; recalls also, in this regard, that the only list which exists is one from 2009 for animal housing on the routes in third countries, in which precise address details are frequently lacking, thus making the necessary inspections under EU law significantly more difficult; calls on official veterinarians at exit points to check, as required by Regulation (EC) No 1/2005, that before vehicles leave the EU the provisions of the Regulation are complied with; |
| --- | --- |

86.

| 87. | Recalls also, in this context, the Commission proposal for a directive on the protection of persons reporting on breaches of Union law (whistleblowers) (COM(2018)0218), in particular in the context of veterinary checks; |
| --- | --- |

87.

| 88. | Deplores the often lengthy delays at borders and ports and draws attention to the increased pain and distress that this causes to animals; calls on Member States bordering third countries to provide rest areas where animals can be unloaded and given feed, water, rest and veterinary care so that journey logs can be correctly completed, and to open dedicated express lanes which are sufficiently staffed at customs for animals being transported in order to reduce waiting periods, without undermining the quality of sanitary and customs controls at the borders; further calls on Member States to cooperate better in planning livestock transport, in order to avoid too large a number arriving for border controls at the same time; |
| --- | --- |

88.

| 89. | Calls on the Commission to increase cooperation and communication, including further mutual assistance and accelerated exchange of information, between the competent authorities in all Member States and in third countries in order to reduce animal welfare and animal disease problems related to poor administration by ensuring that exporters meet the administrative requirements in full; asks the Commission to promote animal welfare internationally and to conduct initiatives to increase awareness among non-EU countries; |
| --- | --- |

89.

| 90. | Calls on the Commission to exert pressure on transit countries which put in place bureaucratic hurdles and security obstacles that delay unnecessarily the transport of live animals; |
| --- | --- |

90.

| 91. | Calls on the Member States and the Commission to pay particular attention to animal welfare infringements during waterway and maritime journeys to third countries and to assess possible breaches of legislation, such as the prohibited discharge of dead animals from vessels into the Mediterranean (often with earmarks cut off) that occurs because disposal is often not possible at the port of destination; |
| --- | --- |

91.

| 92. | Highlights Council Decision 2004/544/EC on the signing of the European Convention for the Protection of Animals during International Transport (14), under which transport can be any one of the following: between two Member States passing through the territory of a non-member state; between a Member State and a non-member state; or between two Member States directly; |
| --- | --- |

92.

| 93. | Stresses that unless animal transport standards in third countries are aligned with those of the EU and their implementation is sufficient to ensure full compliance with the Regulation, live animal transport journeys to third countries should be subject to bilateral agreements to mitigate these differences, and that in the event of failure to achieve this, they should be forbidden; |
| --- | --- |

93.

| 94. | Reminds Member States that, under established case-law (15), they may introduce stricter national rules for the protection of animals during transport, as long as these rules are in line with the main objective of Regulation (EC) No 1/2005; |
| --- | --- |

94.

| 95. | Calls on the Commission to promote the exchange of best practice and regulatory equivalence measures with third countries as regards the transport of live animals; |
| --- | --- |

95.

o

o o

| 96. | Instructs its President to forward this resolution to the Council and the Commission, the European Court of Auditors, the European Food Safety Authority, and the governments and parliaments of the Member States. |
| --- | --- |

96.

---

(1)  OJ L 3, 5.1.2005, p. 1.

(2)  http://www.europarl.europa.eu/RegData/etudes/STUD/2018/621853/EPRS_STU(2018)621853_EN.pdf

(3)  OJ C 434, 23.12.2015, p. 59.

(4)  Official Journal of EFSA 2011:9(1):1966.

(5)  OJ C 251 E, 31.8.2013, p. 116.

(6)  Judgment of the Court (fifth chamber) of 23.4.2015, Zuchtvieh-Export v Stadt Kempten, C-424/13, ECLI:EU:C:2015:259.

(7)  European Court of Auditors Special Report No 31/2018 of 14 November 2018 entitled ‘Animal welfare in the EU: Closing the gap between ambitious goals and practical implementation’.

(8)  https://www.efsa.europa.eu/en/efsajournal/pub/1966

(9)  OJ 121, 29.7.1964, p. 1977.

(10)  OJ L 102, 11.4.2006, p. 1.

(11)  ‘Final report of an audit carried out in the Netherlands from 20 February 2017 to 24 February 2017 in order to evaluate animal welfare during transport to non-EU countries’, European Commission, Directorate-General for Health and Food Safety, 2017.

(12)  Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (OJ L 84, 31.3.2016, p. 1).

(13)  OJ L 347, 20.12.2013, p. 347.

(14)  OJ L 241, 13.7.2004, p. 21.

(15)  Judgment of the Court (First Chamber) of 14.10.2004 — Case C-113/02, Commission of the European Communities v Kingdom of the Netherlands, and Judgment of the Court (Third Chamber) of 8.5.2008 — Case C-491/06, Danske Svineproducenter.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/170 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/170

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P8_TA(2019)0133

Strengthening the competitiveness of the Internal Market by developing the EU customs union and its governance

European Parliament resolution of 14 February 2019 on strengthening the competitiveness of the Internal Market by developing the EU Customs Union and its governance (2018/2109(INI))

(2020/C 449/24)

The European Parliament,

| — | having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (UCC) (1), and its related delegated act (Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015) (2), implementing act (Commission Implementing Regulation (EU) 2015/2447 of 2 November 2015) (3), transitional delegated act (Commission Delegated Regulation (EU) 2016/341 of 17 December 2015) (4) and work programme (Commission Implementing Decision (EU) 2016/578 of 11 April 2016) (5), |
| --- | --- |

—

having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (UCC) (1), and its related delegated act (Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015) (2), implementing act (Commission Implementing Regulation (EU) 2015/2447 of 2 November 2015) (3), transitional delegated act (Commission Delegated Regulation (EU) 2016/341 of 17 December 2015) (4) and work programme (Commission Implementing Decision (EU) 2016/578 of 11 April 2016) (5),

| — | having regard to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 952/2013 to prolong the transitional use of means other than the electronic data-processing techniques provided for in the Union Customs Code (COM(2018)0085), |
| --- | --- |

—

having regard to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 952/2013 to prolong the transitional use of means other than the electronic data-processing techniques provided for in the Union Customs Code (COM(2018)0085),

| — | having regard to the communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee entitled ‘Developing the EU Customs Union and its governance’ (COM(2016)0813), |
| --- | --- |

—

having regard to the communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee entitled ‘Developing the EU Customs Union and its governance’ (COM(2016)0813),

| — | having regard to the communication from the Commission to the Council and the European Parliament entitled ‘First biennial report on progress in developing the EU Customs Union and its governance’ (COM(2018)0524), |
| --- | --- |

—

having regard to the communication from the Commission to the Council and the European Parliament entitled ‘First biennial report on progress in developing the EU Customs Union and its governance’ (COM(2018)0524),

| — | having regard to the communication from the Commission to the Council and the European Parliament entitled ‘Second progress report on the implementation of the EU strategy and action plan for customs risk management’ (COM(2018)0549), |
| --- | --- |

—

having regard to the communication from the Commission to the Council and the European Parliament entitled ‘Second progress report on the implementation of the EU strategy and action plan for customs risk management’ (COM(2018)0549),

| — | having regard to the report from the Commission to the Council and the European Parliament on the IT strategy for customs (COM(2018)0178), |
| --- | --- |

—

having regard to the report from the Commission to the Council and the European Parliament on the IT strategy for customs (COM(2018)0178),

| — | having regard to its position at first reading on the Commission proposal for a directive of the European Parliament and of the Council on the Union legal framework for customs infringements and sanctions (COM(2013)0884), |
| --- | --- |

—

having regard to its position at first reading on the Commission proposal for a directive of the European Parliament and of the Council on the Union legal framework for customs infringements and sanctions (COM(2013)0884),

| — | having regard to Decision No 70/2008/EC of the European Parliament and of the Council of 15 January 2008 on a paperless environment for customs and trade (6), |
| --- | --- |

—

having regard to Decision No 70/2008/EC of the European Parliament and of the Council of 15 January 2008 on a paperless environment for customs and trade (6),

| — | having regard to the resolution of the European Parliament of 17 January 2017 on tackling the challenges of the Union Customs Code implementation (7), |
| --- | --- |

—

having regard to the resolution of the European Parliament of 17 January 2017 on tackling the challenges of the Union Customs Code implementation (7),

| — | having regard to the report from the Commission to the Council and the European Parliament on the implementation of the Union Customs Code and on the exercise of the power to adopt delegated acts pursuant to Article 284 thereunder (COM(2018)0039), |
| --- | --- |

—

having regard to the report from the Commission to the Council and the European Parliament on the implementation of the Union Customs Code and on the exercise of the power to adopt delegated acts pursuant to Article 284 thereunder (COM(2018)0039),

| — | having regard to the European Court of Auditors Special Report No 19/2017 entitled ‘Import procedures: shortcomings in the legal framework and an ineffective implementation impact the financial interests of the EU’, |
| --- | --- |

—

having regard to the European Court of Auditors Special Report No 19/2017 entitled ‘Import procedures: shortcomings in the legal framework and an ineffective implementation impact the financial interests of the EU’,

| — | having regard to European Court of Auditors Special Report No 26/2018 entitled ‘A series of delays in Customs IT systems: what went wrong?’, |
| --- | --- |

—

having regard to European Court of Auditors Special Report No 26/2018 entitled ‘A series of delays in Customs IT systems: what went wrong?’,

| — | having regard to Council report 11760/2017 on progress made in the fight against excise fraud, |
| --- | --- |

—

having regard to Council report 11760/2017 on progress made in the fight against excise fraud,

| — | having regard to the report by Europol and the European Union Intellectual Property Office on counterfeiting and piracy in the European Union, |
| --- | --- |

—

having regard to the report by Europol and the European Union Intellectual Property Office on counterfeiting and piracy in the European Union,

| — | having regard to Rule 52 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 52 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 (A8-0059/2019), |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on International Trade (A8-0059/2019),

| A. | whereas the Customs Union, which is 50 years old this year, is a cornerstone of the EU, as one of the world’s largest trading blocs, and whereas a fully operational Customs Union is essential for the proper functioning of the single market and frictionless trade within the EU, and is an essential part of the common commercial policy towards third countries in the interests of both EU businesses and EU citizens, as well as for the credibility of the EU, which is placed by the Customs Union in a strong position in negotiations on trade agreements with third countries; |
| --- | --- |

A.

whereas the Customs Union, which is 50 years old this year, is a cornerstone of the EU, as one of the world’s largest trading blocs, and whereas a fully operational Customs Union is essential for the proper functioning of the single market and frictionless trade within the EU, and is an essential part of the common commercial policy towards third countries in the interests of both EU businesses and EU citizens, as well as for the credibility of the EU, which is placed by the Customs Union in a strong position in negotiations on trade agreements with third countries;

| B. | whereas the customs authorities need to strike the requisite balance between the facilitation of legitimate trade, the customs controls designed to protect the security of the Union and its citizens, consumer trust in the goods that enter the single market, and the Union’s financial and commercial interests, and are responsible for the implementation of more than 60 legal acts, in addition to the customs legal framework, for the fight against illegal trade and smuggling, and for the awarding of the status of authorised economic operator; |
| --- | --- |

B.

whereas the customs authorities need to strike the requisite balance between the facilitation of legitimate trade, the customs controls designed to protect the security of the Union and its citizens, consumer trust in the goods that enter the single market, and the Union’s financial and commercial interests, and are responsible for the implementation of more than 60 legal acts, in addition to the customs legal framework, for the fight against illegal trade and smuggling, and for the awarding of the status of authorised economic operator;

| C. | whereas standardisation of customs information and processes plays a key role in the homogenisation of controls, especially as regards phenomena such as incorrect classification and undervaluation of imports and misreporting of the origin of goods, which are detrimental to all economic operators, but particularly so to small and medium-sized enterprises; |
| --- | --- |

C.

whereas standardisation of customs information and processes plays a key role in the homogenisation of controls, especially as regards phenomena such as incorrect classification and undervaluation of imports and misreporting of the origin of goods, which are detrimental to all economic operators, but particularly so to small and medium-sized enterprises;

| D. | whereas EU imports and exports totalled EUR 3 700 billion in 2017 and customs duties collected make up 15 % of the EU budget; |
| --- | --- |

D.

whereas EU imports and exports totalled EUR 3 700 billion in 2017 and customs duties collected make up 15 % of the EU budget;

| E. | whereas implementation of the Union Customs Code (UCC) is essential to safeguard EU own resources, in particular customs duties, and national fiscal interests, but also to safeguard European consumers and fair competition in the internal market; |
| --- | --- |

E.

whereas implementation of the Union Customs Code (UCC) is essential to safeguard EU own resources, in particular customs duties, and national fiscal interests, but also to safeguard European consumers and fair competition in the internal market;

| F. | whereas the UCC stipulates that the electronic systems needed for its application must be deployed by 31 December 2020; whereas the digitisation of customs procedures was initiated as long ago as 2003 and enacted in 2008 with the adoption of Regulation (EC) No 450/2008 of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (8) and of Decision No 70/2008/EC (the e-Customs Decision); |
| --- | --- |

F.

whereas the UCC stipulates that the electronic systems needed for its application must be deployed by 31 December 2020; whereas the digitisation of customs procedures was initiated as long ago as 2003 and enacted in 2008 with the adoption of Regulation (EC) No 450/2008 of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (8) and of Decision No 70/2008/EC (the e-Customs Decision);

| G. | whereas the digitisation of customs is a work in progress, more than 98 % of customs declarations today are electronic, and the following areas of customs are now handled through electronic systems: transit (NCTS), export control (ECS), security data (ICS), risk management (CRMS), Economic Operators Registration and Identification Number (EORI), authorisations (CDS), Authorised Economic Operators (AEO), Binding Tariff Information (EBTI), quota and tariff (QUOTA), autonomous tariff suspensions, the combined nomenclature (TARIC), surveillance of import and export (SURV2), and Registered Exporter System for certificates of origin (REX); |
| --- | --- |

G.

whereas the digitisation of customs is a work in progress, more than 98 % of customs declarations today are electronic, and the following areas of customs are now handled through electronic systems: transit (NCTS), export control (ECS), security data (ICS), risk management (CRMS), Economic Operators Registration and Identification Number (EORI), authorisations (CDS), Authorised Economic Operators (AEO), Binding Tariff Information (EBTI), quota and tariff (QUOTA), autonomous tariff suspensions, the combined nomenclature (TARIC), surveillance of import and export (SURV2), and Registered Exporter System for certificates of origin (REX);

| H. | whereas the objective of the customs programme proposed under the EU’s Multiannual Financial Framework 2021-2027 is to support the activities of, and cooperation between, the Member States’ customs authorities; |
| --- | --- |

H.

whereas the objective of the customs programme proposed under the EU’s Multiannual Financial Framework 2021-2027 is to support the activities of, and cooperation between, the Member States’ customs authorities;

| I. | whereas the United Kingdom’s withdrawal from the EU poses a challenge to the proper functioning of the Customs Union; |
| --- | --- |

I.

whereas the United Kingdom’s withdrawal from the EU poses a challenge to the proper functioning of the Customs Union;

| J. | whereas implementation of key electronic systems necessary for the full implementation of the UCC will be delayed and deferred until after 31 December 2020; |
| --- | --- |

J.

whereas implementation of key electronic systems necessary for the full implementation of the UCC will be delayed and deferred until after 31 December 2020;

| K. | whereas the Customs Union Performance tool operates by assessing the functioning of the Customs Union, on the basis of Key Performance Indicators in a range of areas such as protection of financial interests, ensuring the safety and security of EU citizens, and assessing the importance of customs in contributing to the growth and competiveness of the EU; |
| --- | --- |

K.

whereas the Customs Union Performance tool operates by assessing the functioning of the Customs Union, on the basis of Key Performance Indicators in a range of areas such as protection of financial interests, ensuring the safety and security of EU citizens, and assessing the importance of customs in contributing to the growth and competiveness of the EU;

| L. | whereas the governance of the Customs 2020 programme and hence of customs IT work is shared between the Commission, the Member States and representatives of commercial interests, in a multitude of decision-making structures whose multiplication has a lasting negative impact on the programme’s effectiveness and the management of IT projects; |
| --- | --- |

L.

whereas the governance of the Customs 2020 programme and hence of customs IT work is shared between the Commission, the Member States and representatives of commercial interests, in a multitude of decision-making structures whose multiplication has a lasting negative impact on the programme’s effectiveness and the management of IT projects;

| M. | whereas it will be necessary, after the end of the current Customs 2020 programme and following a cost-benefit assessment of the various possible options, to overhaul the governance of the customs programmes; |
| --- | --- |

M.

whereas it will be necessary, after the end of the current Customs 2020 programme and following a cost-benefit assessment of the various possible options, to overhaul the governance of the customs programmes;

| 1. | Highlights the work carried out every day by Member State customs authorities and by the Commission endeavouring to shield the internal market against unfair competition in the form of counterfeit and dumped products, to facilitate trade and cut back on administrative formalities, to collect revenue for national budgets and the EU budget, and to protect populations against terrorist, health-related, environmental and other threats; |
| --- | --- |

1.

| 2. | Points out that the Customs Union is one of the EU’s earliest achievements and can be considered one of its main success stories, as it has enabled firms established in the EU to sell their goods and invest throughout the EU, but has also allowed the EU to remove internal borders and to compete with the rest of the world; underlines that the EU’s single market would be impossible without the tariff-free environment provided by the Customs Union and the role the latter plays in overseeing imports and exports; |
| --- | --- |

2.

| 3. | Stresses that a fully functional Customs Union is essential to guarantee the credibility and strength of the EU and its negotiating position for the conclusion of new trade agreements; emphasises that an efficient EU Customs Union helps to facilitate legal trade and to reduce administrative burdens for legitimate traders, a consideration which is important for the development of competitive businesses; underlines the importance of ensuring effective controls — inter alia by fostering cooperation with third countries’ customs authorities — and of avoiding any undue hindrance to legal trade; |
| --- | --- |

3.

| 4. | Stresses that creating seamless customs processes across the Union based on a reformed IT infrastructure is pivotal; considers that digitisation has the potential to make the exchange of information and the payment of duties more transparent and accessible, in particular for small and medium-sized enterprises and for economic operators of third countries, and that it offers opportunities for simplifying customs rules and procedures; |
| --- | --- |

4.

| 5. | Notes that the current divergences in the level and quality of controls, customs procedures and sanctions policies at the EU’s points of entry into the Customs Union often result in distortion of trade flows, feeding the problem of ‘forum shopping’ and putting at risk the integrity of the single market; in that context, strongly requests that the Commission and the Member States address this issue; |
| --- | --- |

5.

| 6. | Encourages the Commission to step up its efforts to create an integrated EU customs one-stop shop that would help businesses submit all the necessary information and documents in one place and are thus able to meet all the regulatory requirements for the import, export and transit of goods; |
| --- | --- |

6.

| 7. | Recalls that the United Kingdom will become a third country after withdrawal from the EU, thus altering the EU’s external borders, and highlights that the Brexit process should not impact negatively on the development and governance of EU Customs; |
| --- | --- |

7.

Digitisation of customs procedures

| 8. | Calls on the Commission and the Member States to develop a more efficient, cost-effective and streamlined approach to the management of IT systems for customs authorities; calls, in particular, for a more precise and realistic estimate of the time and resources that will be needed, and of the scope of the individual IT projects that will help to digitise customs procedures; |
| --- | --- |

8.

| 9. | Deplores the fact that the implementation of the new IT systems for the Customs Union has suffered a series of delays, resulting in the request by the Commission to Parliament and the Council for an extension of the transitional period beyond the deadline of 2020 laid down in the UCC; also regrets that the Commission has provided only incomplete information in support of a further extension, particularly in the light of what falls within its remit and that of the Member States, as a result of which Parliament cannot exercise its budgetary and political oversight in an appropriate manner; |
| --- | --- |

9.

| 10. | Points out that, while 75 % of the European components of the IT systems needed to implement the UCC ought to be ready by December 2020, that does not mean that 75 % of the IT systems will be ready by then, since 25 % of those systems is made up of national components, for which Member States are responsible and delays have been identified; |
| --- | --- |

10.

| 11. | Considers that the Commission and the Council must, as a matter of the utmost priority, ensure that the customs code is implemented and customs procedures digitised within the new deadline; urges the Commission and the Member States, therefore, to do their utmost to avoid further postponements; considers that, in that connection, setting up the IT architecture requires the development and deployment of 17 IT tools with major implications as regards financial and human resources; considers it imperative, therefore, that there be no duplication of effort as regards resources in how Member State and Commission IT projects are run; |
| --- | --- |

11.

| 12. | Calls on the Commission to update the timetable of its UCC work programme to take account of the extension to the transitional period proposed by it (9) for adoption by Parliament and the Council; calls on Parliament and the Council to work to ensure the prompt adoption of a decision on that extension while making it subject to the conditions needed for successful deployment of the customs IT architecture without prejudice to comprehensive security tests, so that any possible issues do not jeopardise the goods checks carried out by the Member States’ customs authorities; points out, as the European Court of Auditors has done, that the same causes produce the same effects, and that the process of updating the 2017 multiannual strategic plan by concentrating the introduction of six IT systems in the same year represents a major challenge and poses a major risk that the rescheduled deadlines will not be met either, so that the UCC implementation deadline could be further extended beyond 2025; |
| --- | --- |

12.

| 13. | Calls on the Commission to update its multiannual strategic plan by sequencing projects throughout the transition period so as to avoid, as far as possible, the concentration of deployments at the end of the period, and by establishing binding milestones, including for Member States; |
| --- | --- |

13.

| 14. | Calls on the Commission not to modify the statutory and technical specifications that have now been adopted for the 17 IT tools, since the scale of the projects to be carried out and the time needed to deploy them are not compatible either with the fact that the technologies involved are constantly evolving or with the inevitable legislative and regulatory changes that will take place over the period concerned; |
| --- | --- |

14.

| 15. | Recalls that according to the Court of Auditors, the Commission was aware of the delays but chose not to include this information in its official reporting, which prevented the stakeholders (such as the European Parliament, other EU institutions not represented in the governance structure of Customs 2020, as well as interested companies and citizens) from being fully informed of the risk of delays in real time; calls, therefore, on the Commission to report regularly and transparently on the conduct of the multiannual strategic work plan and on the setting-up of the customs electronic systems, so as not to repeat the mistakes of the previous programming, and to inform about any possible future delays while not doing so at a moment’s notice or without proper corrective actions; |
| --- | --- |

15.

| 16. | Invites the Commission to continuously evaluate the Customs 2020 programme and to respond to the shortcomings identified, in particular the under-utilisation of the teams of experts set up under this programme, and to make it possible to increase cooperation between customs services; |
| --- | --- |

16.

| 17. | Underlines that continuous policy monitoring, analysis and assessment of possible impacts are essential parts of the governance of the Customs Union; takes note of and welcomes the Commission’s work in developing a tool for the performance of the Customs Union which will eventually enable it to be systematically assessed against its strategic objectives in terms of efficiency, effectiveness and uniformity; calls on the Member States to support work on further developing this tool; |
| --- | --- |

17.

| 18. | Suggests to the Commission that this tool should also assess the performance of customs controls in terms of digitisation potential and data flows, in order to create even more effective risk-based controls while optimising the burden on customs authorities; |
| --- | --- |

18.

Governance, reports and funding for the Customs programme

| 19. | Takes note of the action being taken by the Commission and Member States to ensure uniform and coherent implementation of the customs code, in particular as regards training and through the adoption of guidelines; calls nonetheless on the Commission and Member States to step up their efforts and expand the resources deployed so as to ensure full application of the customs code adopted in 2013 and of uniform customs procedures throughout the EU; calls on the Commission, in that connection, to submit an action plan that might usefully be based on a peer review of customs practices, on the exchange of good practices, on stepped-up cooperation between customs services and on a sufficiently resourced training programme; |
| --- | --- |

19.

| 20. | Recalls that the Commission is undertaking work on an EU Customs Single Window environment that would permit an economic operator to submit data required for a wide range of regulatory purposes (veterinary, sanitary, environmental, etc) in a standardised format, to multiple recipients and via harmonised access points; calls on the Commission and the Member States to continue this important work; |
| --- | --- |

20.

| 21. | Takes note of the funding effort made under the EU budget, increasing the allocation for the next Customs programme for 2021-2027 to EUR 842 844 000 at 2018 prices; calls on the Member States also to provide the necessary human and financial resources for deployment of the national components, on which the introduction of the European electronic customs system is dependent, and calls for timely submission to it, by the Commission, of a report on deployment of the EU components and of the non-EU components developed by Member States; |
| --- | --- |

21.

| 22. | Highlights that customs today have to deal with a phenomenal increase in the volume of goods being bought online outside the EU in terms of controls and collection of the applicable duties, in particular as the volume of low-value goods imported into the EU is growing each year by 10-15 %; calls on the Commission and the Member States to step up their efforts in order to better tackle this challenge; |
| --- | --- |

22.

| 23. | Invites the Commission to propose, at the end and only at the end of the implementation of the 17 UCC-related IT systems of the Customs 2020 programme, a more effective governance structure for the conduct of customs IT projects and their updates; stresses that in view of the economic, fiscal and security challenges represented by the customs IT system, it is essential that the solution adopted should fully preserve European sovereignty; |
| --- | --- |

23.

| 24. | Stresses that the ‘Customs 2021-2027’ programme, by supporting Member States’ customs authorities, will help not only to increase EU budget revenues, but also to guarantee product safety, the protection of European consumers and a level playing field for EU businesses; |
| --- | --- |

24.

UK withdrawal from the European Union

| 25. | Stresses that the uncertainty surrounding the UK’s departure from the EU is a major challenge for European businesses; calls, therefore, on the Commission and the Member States to give stakeholders comprehensive information about the repercussions of the UK’s withdrawal in the area of customs and of certain kinds of indirect taxes (VAT and excise duties); |
| --- | --- |

25.

| 26. | Stresses that, following the withdrawal of the UK there must be no loopholes in the customs system — including at the external borders of the EU — that would pave the way for illicit trade or the evasion of public-law debts provided for under EU law; |
| --- | --- |

26.

o

o o

| 27. | Instructs its President to forward this report to the Council and the Commission. |
| --- | --- |

27.

---

(1)  OJ L 269, 10.10.2013, p. 1.

(2)  OJ L 343, 29.12.2015, p. 1.

(3)  OJ L 343, 29.12.2015, p. 558.

(4)  OJ L 69, 15.3.2016, p. 1.

(5)  OJ L 99, 15.4.2016, p. 6.

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

(7)  OJ C 242, 10.7.2018, p. 41.

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

(9)  Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 952/2013 to prolong the transitional use of means other than the electronic data-processing techniques provided for in the Union Customs Code (COM(2018)0085).

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/176 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/176

---

P8_TA(2019)0134

Implementation of the legal provisions and the Joint Statement ensuring parliamentary scrutiny over decentralised agencies

European Parliament resolution of 14 February 2019 on the implementation of the legal provisions and the Joint Statement ensuring parliamentary scrutiny over decentralised agencies (2018/2114(INI))

(2020/C 449/25)

The European Parliament,

| — | having regard to the Treaty provisions related to agencies and in particular Articles 5 and 9 of the Treaty on European Union (TEU), and Articles 15, 16, 71, 123, 124, 127, 130, 228, 263, 265, 267, 277, 282, 287, 290, 291, 298 and 325 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to the Treaty provisions related to agencies and in particular Articles 5 and 9 of the Treaty on European Union (TEU), and Articles 15, 16, 71, 123, 124, 127, 130, 228, 263, 265, 267, 277, 282, 287, 290, 291, 298 and 325 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the Charter of Fundamental Rights of the European Union and in particular Articles 41, 42, 43, 51 and 52 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union and in particular Articles 41, 42, 43, 51 and 52 thereof,

| — | 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 and the Common Approach annexed to it, |
| --- | --- |

—

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 and the Common Approach annexed to it,

| — | having regard to Rule 52 of its Rules of Procedure, as well as to Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports, |
| --- | --- |

—

having regard to Rule 52 of its Rules of Procedure, as well as to Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

| — | having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Budgets, the Committee on Budgetary Control, the Committee on Economic and Monetary Affairs, the Committee on the Environment, Public Health and Food Safety and the Committee on Civil Liberties, Justice and Home Affairs (A8-0055/2019), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Budgets, the Committee on Budgetary Control, the Committee on Economic and Monetary Affairs, the Committee on the Environment, Public Health and Food Safety and the Committee on Civil Liberties, Justice and Home Affairs (A8-0055/2019),

| A. | whereas agencies play a vital role in the implementation of EU policies at European and national levels, performing a wide variety of tasks to contribute to the implementation of EU policies, such as creating networks or supporting cooperation between the EU and national authorities; whereas good cooperation between EU agencies and Member States helps bring greater efficiency and effectiveness to the work of the agencies; whereas agencies have also established cooperation among themselves through the European Union Agency Network; |
| --- | --- |

A.

whereas agencies play a vital role in the implementation of EU policies at European and national levels, performing a wide variety of tasks to contribute to the implementation of EU policies, such as creating networks or supporting cooperation between the EU and national authorities; whereas good cooperation between EU agencies and Member States helps bring greater efficiency and effectiveness to the work of the agencies; whereas agencies have also established cooperation among themselves through the European Union Agency Network;

| B. | whereas the coordination and collaboration between the different agencies and parliamentary committees has generally been good; whereas Europol is the only agency scrutinised by Parliament jointly with national parliaments through the Joint Parliamentary Scrutiny Group; |
| --- | --- |

B.

whereas the coordination and collaboration between the different agencies and parliamentary committees has generally been good; whereas Europol is the only agency scrutinised by Parliament jointly with national parliaments through the Joint Parliamentary Scrutiny Group;

| C. | whereas agencies have been created and developed over time, on a case-by-case basis; whereas the Lisbon Treaty has formally recognised agentification of the EU executive by introducing EU agencies formally into the Treaties; |
| --- | --- |

C.

whereas agencies have been created and developed over time, on a case-by-case basis; whereas the Lisbon Treaty has formally recognised agentification of the EU executive by introducing EU agencies formally into the Treaties;

| D. | whereas agencies are primarily accountable to Parliament and the Council, which must ensure that adequate scrutiny mechanisms are in place in the legislative acts governing those agencies and that those mechanisms are subsequently properly implemented; whereas agentification of the EU executive should not weaken Parliament’s control of the EU executive as provided for in Article 14 TEU; |
| --- | --- |

D.

whereas agencies are primarily accountable to Parliament and the Council, which must ensure that adequate scrutiny mechanisms are in place in the legislative acts governing those agencies and that those mechanisms are subsequently properly implemented; whereas agentification of the EU executive should not weaken Parliament’s control of the EU executive as provided for in Article 14 TEU;

| E. | whereas the Treaties contain neither a definition of decentralised agencies, nor a general description of powers that may be conferred on agencies; |
| --- | --- |

E.

whereas the Treaties contain neither a definition of decentralised agencies, nor a general description of powers that may be conferred on agencies;

| F. | whereas a number of agencies have their legal basis under Article 352 TFEU and others are created on a specific sector legal basis; |
| --- | --- |

F.

whereas a number of agencies have their legal basis under Article 352 TFEU and others are created on a specific sector legal basis;

| G. | whereas the 2012 Joint Statement and the Common Approach are the result of the work of the Interinstitutional Working Group on regulatory agencies, which was set up by the Commission, the European Parliament and the Council to assess the coherence, effectiveness, accountability and transparency of agencies after a proposal by the Commission in 2005 for an Interinstitutional Agreement on regulatory agencies had not received the necessary support from the Council and Parliament; |
| --- | --- |

G.

whereas the 2012 Joint Statement and the Common Approach are the result of the work of the Interinstitutional Working Group on regulatory agencies, which was set up by the Commission, the European Parliament and the Council to assess the coherence, effectiveness, accountability and transparency of agencies after a proposal by the Commission in 2005 for an Interinstitutional Agreement on regulatory agencies had not received the necessary support from the Council and Parliament;

| H. | whereas the Common Approach contains provisions on the structure and governance of agencies, as well as on their operation, programming of activities, funding, management of budgetary resources, budgetary procedures, accountability, controls and transparency, which help ensure parliamentary scrutiny over decentralised agencies; |
| --- | --- |

H.

whereas the Common Approach contains provisions on the structure and governance of agencies, as well as on their operation, programming of activities, funding, management of budgetary resources, budgetary procedures, accountability, controls and transparency, which help ensure parliamentary scrutiny over decentralised agencies;

| I. | whereas, despite a generally positive appreciation, agencies have, in a few cases, encountered occasional distrust of their scientific and technical opinions; |
| --- | --- |

I.

whereas, despite a generally positive appreciation, agencies have, in a few cases, encountered occasional distrust of their scientific and technical opinions;

Main observations

| 1. | Notes that mechanisms to ensure the accountability of agencies are incorporated in the Treaties, in the founding regulations of agencies, in the case-law of the European Court of Justice, as well as in the Joint Statement and the Common Approach; emphasises that through the conferral of power, Parliament has powers of scrutiny vis-a-vis decentralised agencies which are not, however, spelled out in detail in the Treaties; notes in this respect the non-binding nature of the Joint Statement and Common Approach; regrets, however, that the Institutions have not yet agreed to a binding regulatory framework; |
| --- | --- |

1.

| 2. | Points out that Parliament scrutinises agencies in different ways:






  — | as one arm of the budgetary authority in its decision-making on the contributions from the EU budget to agencies; |
| --- | --- | --- |

2.

—

as one arm of the budgetary authority in its decision-making on the contributions from the EU budget to agencies;

| — | as the discharge authority; |
| --- | --- |

—

as the discharge authority;

| — | through designation of members of the Management Boards of agencies; |
| --- | --- |

—

through designation of members of the Management Boards of agencies;

| — | through the procedure for the appointment (or dismissal) of the Executive Director; |
| --- | --- |

—

through the procedure for the appointment (or dismissal) of the Executive Director;

| — | through its consultation on the work programmes; |
| --- | --- |

—

through its consultation on the work programmes;

| — | through the presentation of the annual reports; |
| --- | --- |

—

through the presentation of the annual reports;

| — | though other methods (delegation visits, contact groups or persons, exchanges of views, hearings, briefings, provision of expertise); |
| --- | --- |

—

though other methods (delegation visits, contact groups or persons, exchanges of views, hearings, briefings, provision of expertise);

| 3. | Notes that the provisions in the founding regulations differ in varying degrees from the mechanisms for accountability and parliamentary scrutiny set out in the Common Approach, which may be due to the very different tasks and functions that agencies perform; |
| --- | --- |

3.

| 4. | Observes that parliamentary committees have actively carried out their scrutiny tasks despite the variety of provisions in the founding regulations; |
| --- | --- |

4.

| 5. | Recognises the implementation by the Union agencies of the Joint Statement and Common Approach and its roadmap; highlights, in particular, the recommendations of the Interinstitutional Working Group on Decentralised Agencies (IIWG), which were endorsed by the Conference of Presidents on 18 January 2018; notes that with the follow-up meeting of 12 July 2018, the work of the IIWG was considered achieved; |
| --- | --- |

5.

Recommendations

| 6. | Considers that greater efforts could be made to streamline certain provisions in the founding regulations of agencies relating to their governance and accountability mechanisms, taking into account the various types of agencies that currently exist and defining the general principles governing the relationship between the institutions of the EU and the agencies; points out that these issues should also be addressed in impact assessments whenever the establishment of an agency is proposed; underlines that agencies need to have a certain degree of organisational flexibility in order to better adapt to the tasks envisaged and the needs that arise while carrying out their duties; welcomes the cluster- and cross cluster-based internal organisation of agencies in similar domains; |
| --- | --- |

6.

| 7. | Calls therefore for a thorough assessment of the implementation of the Common Approach in all its aspects, with detailed analytical papers similar to those produced in 2010 with a focus on governance-related aspects, reviewing in particular the compatibility of the provisions included with Parliament’s co-decision and scrutiny powers, while taking account of the need to allow for flexibility in view of the diverse landscape of decentralised agencies; |
| --- | --- |

7.

| 8. | Regrets that Parliament, as the lead guarantor of respect for the principle of democracy in the EU, was not fully involved in the procedure to select the new seat of EMA and EBA; recalls in this regard its request to revise the 2012 Joint Statement and Common Approach as soon as possible and also recalls the commitment of the Council to engage in the revision thereof, inviting the Commission to provide, by April 2019, an in-depth analysis of the Joint Statement and Common Approach as regards the location of decentralised agencies; |
| --- | --- |

8.

| 9. | Stresses that the location of the seat of an agency should not affect the execution of its powers and tasks, its governance structure, the operation of its main organisation or the main financing of its activities; |
| --- | --- |

9.

| 10. | Expects the prerogatives of Parliament and Council as co-legislators to be fully respected in future decisions on the location or relocation of agencies; considers that Parliament should be systematically involved, throughout the legislative process and on equal terms with the Council and the Commission, in defining and assessing the weight of the criteria for the location of all Union bodies and agencies, in a transparent manner; points out that Parliament, the Council and the Commission made a commitment in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 to sincere and transparent cooperation, and that the agreement highlights the principle of equality between the co-legislators, as enshrined in the Treaties; underlines the value of enhanced exchange of information from the initial stages of future processes for the location of agencies, as such early exchange would make it easier for the three institutions to exercise their rights and prerogatives; |
| --- | --- |

10.

| 11. | Believes that the decision on the location of an agency is of great importance and considers that objective criteria such as accessibility, administrative synergies and proximity to stakeholders have to be taken into account by the Union institutions in reaching the best possible decision; |
| --- | --- |

11.

| 12. | Asks the Commission, in line with the recommendations of the Interinstitutional Working Group on decentralised agencies’ resources, to swiftly present an evaluation of agencies with multiple locations, using a consistent approach to assess their added value by taking costs incurred into account; calls for significant measures to be taken on the basis of the results of this evaluation, with the aim of reducing the number of multiple locations, if and where appropriate; |
| --- | --- |

12.

| 13. | Proposes that, on the basis of a review of the Common Approach, fresh consideration should be given to drawing up an Interinstitutional Agreement (IIA) on agencies and that such agreement should contain provisions on a five-yearly review of the principles governing the establishment and functioning of agencies, drawing upon the expertise of a group of eminent persons; |
| --- | --- |

13.

| 14. | Considers that this IIA should respect the European Parliament’s powers in co-decision procedures and should also cover the relationship between an agency and the institutions of the Member State in which it is located, as well as transparency measures, procedures to avoid conflict of interest and to ensure gender balance among the members of the governing and advisory bodies, and the implementation of gender mainstreaming in all the activities of the agencies; |
| --- | --- |

14.

| 15. | Believes that in drafting such an IIA several specific suggestions to strengthen democratic oversight, improve the accountability of Union agencies and strengthen the system for reporting to Parliament should also be addressed, such as:






  — | setting a time limit for agencies to reply to questions addressed to them by the European Parliament or the Council; |
| --- | --- | --- |

15.

—

setting a time limit for agencies to reply to questions addressed to them by the European Parliament or the Council;

| — | making arrangements for the sharing of sensitive and confidential information and the consultation of parliamentary committees, where so required; |
| --- | --- |

—

making arrangements for the sharing of sensitive and confidential information and the consultation of parliamentary committees, where so required;

| — | considering whether there should or should not be a specific number of members of the respective Management Boards appointed by Parliament; |
| --- | --- |

—

considering whether there should or should not be a specific number of members of the respective Management Boards appointed by Parliament;

| — | considering the added value of attendance by Parliament representatives/observers at meetings of boards of supervisors and agency stakeholder groups; |
| --- | --- |

—

considering the added value of attendance by Parliament representatives/observers at meetings of boards of supervisors and agency stakeholder groups;

| — | streamlining Parliament’s involvement in the annual and multi-annual work programmes of the agencies; |
| --- | --- |

—

streamlining Parliament’s involvement in the annual and multi-annual work programmes of the agencies;

| — | streamlining and harmonising reporting obligations, particularly with regard to the annual activity report, the budgetary and financial management report and the final accounts; |
| --- | --- |

—

streamlining and harmonising reporting obligations, particularly with regard to the annual activity report, the budgetary and financial management report and the final accounts;

| — | informing Parliament in a detailed manner of the measures taken to meet the recommendations of the discharge authority (follow-up reports) and those of the Court of Auditors; |
| --- | --- |

—

informing Parliament in a detailed manner of the measures taken to meet the recommendations of the discharge authority (follow-up reports) and those of the Court of Auditors;

| 16. | Considers furthermore that Parliament’s role in the oversight of the governance dimension of decentralised agencies could be significantly improved; suggests, moreover, the strengthening of cooperation with the Joint Parliamentary Scrutiny Group and a revision of the rules for missions to agencies to allow for better regular contact between parliamentary committees and agencies falling under their remit; |
| --- | --- |

16.

| 17. | Proposes that, in the context of the five-yearly review, building on and in addition to the scrutiny activities conducted by Parliament’s committees over agencies falling within their remit, the Committee on Constitutional Affairs holds an annual debate on the functioning and governance of agencies, followed, if deemed appropriate and/or necessary, by a debate in plenary in order to facilitate a stronger and more structured system of scrutinising agency activities within Parliament; proposes moreover, given the role of agencies as intermediaries between the EU and the Member States, a period of consultation with national parliaments should they wish to make any intervention on the matter; |
| --- | --- |

17.

| 18. | Considers that Union agencies should apply the rules and principles of good governance and better law-making, including conducting open public consultations on their draft proposals for secondary and tertiary acts, where the domain of the agency so allows; proposes that agencies be subject to the same transparency rules as the Commission, including rules and obligations in relation to interest representatives; |
| --- | --- |

18.

| 19. | Stresses that, while making sure that all assignments resulting from the regulatory framework are carried out in full and within deadline, Union agencies should carefully adhere to their tasks and act in accordance with the mandates assigned to them by Parliament and the Council; considers it imperative that the Union agencies are transparent when carrying out their mandates; |
| --- | --- |

19.

| 20. | Proposes that all agencies should be able to submit non-binding opinions on current files within their remit; |
| --- | --- |

20.

| 21. | Believes furthermore that, in the event of any future changes to the Treaties, consideration should be given as to how agencies can be anchored even more firmly in the Treaties, in particular in relation to Articles 13 and 14 TEU and Articles 290 and 291 TFEU, by inserting a clear definition of the various types of agencies, the powers that can be conferred on them and general principles guaranteeing their parliamentary scrutiny; |
| --- | --- |

21.

Budgetary matters

| 22. | Notes that fee-financing of agencies currently amounts to around EUR 1 billion annually, which can alleviate pressure on the EU budget and can be an effective way of financing agency activities in cases where the business model so allows; expresses concern, however, at the potential conflicts of interest that can arise if agencies have to rely on membership fees as their main source of income; insists that safeguard measures need to be in place to avoid any kind of conflict of interest; |
| --- | --- |

22.

| 23. | Stresses the need to take into account the new climate, sustainability and environmental protection priorities within the next MFF and the tasks attributed to particular agencies for the implementation of this MFF; |
| --- | --- |

23.

| 24. | Notes that even though decentralised agencies share a number of similarities in terms of budgetary management, one-size-fits-all approaches have proven to be detrimental to the efficient and effective management of certain agencies; considers the 5 % reduction target for staff and the redeployment pool among agencies to be a one-off exercise; reiterates its intention to oppose any such approach in the future; |
| --- | --- |

24.

| 25. | Notes with concern that a number of agencies have difficulties in attracting qualified staff on account of employment conditions; believes that Union bodies need to be in a position to attract qualified staff in order to fulfil their tasks effectively and efficiently; calls, therefore, for concrete action to be taken in order to meet these goals; |
| --- | --- |

25.

| 26. | Notes that the strengthened cooperation between the agencies in sharing services has resulted in savings, such as those achieved by the creation of a joint procurement portal; encourages further exploration of the potential for sharing services either among the agencies themselves, or between the Commission and the agencies, with a view to creating new synergies and optimising existing ones; believes that, where applicable, further budgetary efficiency could be achieved through close cooperation on administrative support and facility management services among Union bodies and agencies in immediate proximity; |
| --- | --- |

26.

| 27. | Notes that agencies’ budgets should be prepared in accordance with the principle of performance-based budgeting, taking into account the agency’s objectives and the expected results of its tasks; calls for a thematic approach to the budgeting of decentralised agencies in order to better prioritise the agencies’ tasks, boost cooperation and avoid overlaps, particularly in the case of agencies working within the same policy field; |
| --- | --- |

27.

| 28. | Notes with concern that a number of administrative requirements are disproportionate to agencies which have not reached a certain size; expects the Commission and the Council to ensure that the applicable administrative requirements are commensurate with the financial and human resources of all agencies; |
| --- | --- |

28.

| 29. | Recalls that the legislative procedure results in modifications to the original Commission proposal; notes with concern that updated financial statements generally only become available at the end of the legislative procedure, if at all; recalls the twin roles of Parliament and the Council as legislative authority and budgetary authority; |
| --- | --- |

29.

| 30. | Welcomes the Commission’s draft revised text of the framework financial regulation for decentralised agencies and, in particular, its plans outlined therein to strengthen the governance of these agencies; |
| --- | --- |

30.

| 31. | Maintains, however, that a variety of issues remain unresolved, and urges the Commission to submit without delay an evaluation of agencies with multiple locations, as recommended by the IIWG, as well as proposals for possible mergers, closures and/or transfers of tasks to the Commission, on the basis of a careful in-depth analysis and using clear and transparent criteria, as was envisaged in the IIWG’s terms of reference but which was never properly examined owing to a lack of proposals to that effect from the Commission; |
| --- | --- |

31.

| 32. | Notes that the auditing of the decentralised agencies ‘remains under the full responsibility of the Court of Auditors, which manages all administrative and procurement procedures required and finances these’; reiterates that auditing carried out by private sector auditors has significantly increased the administrative burden on the agencies and has, as a result of the time spent on the procurement and administration of audit contracts, created additional expenditure, putting their diminishing resources under even greater strain; emphasises that it is imperative to resolve this issue in accordance with the Common Approach, within the context of the revision of the framework financial regulation; calls on all parties involved in this revision to provide clarity on this issue as a matter of urgency so as to significantly reduce the excessive administrative burden; |
| --- | --- |

32.

o

o o

| 33. | Instructs its President to forward this resolution to the Council and the Commission, the European Court of Auditors and the EU decentralised agencies. |
| --- | --- |

33.

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Tuesday 12 February 2019

| 23.12.2020 | EN | Official Journal of the European Union | C 449/182 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/182

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P8_TA(2019)0080

Regulations and general conditions governing the performance of the Ombudsman’s duties (Statute of the European Ombudsman)

European Parliament resolution of 12 February 2019 on a draft regulation of the European Parliament laying down the regulations and general conditions governing the performance of the Ombudsman’s duties (Statute of the European Ombudsman) and repealing Decision 94/262/ECSC, EC, Euratom (2018/2080(INL) — 2019/0900(APP))

(2020/C 449/26)

The European Parliament,

| — | having regard to Article 228(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 228(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Article 106a(1) of the Treaty establishing the European Atomic Energy Community, |
| --- | --- |

—

having regard to Article 106a(1) of the Treaty establishing the European Atomic Energy Community,

| — | 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 Rules 45 and 52 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 45 and 52 of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Petitions (A8-0050/2019), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Petitions (A8-0050/2019),

| 1. | Adopts the annexed draft Regulation; |
| --- | --- |

1.

| 2. | Instructs its President to forward the annexed draft Regulation to the Council and Commission under the procedure laid down in Article 228(4) of the Treaty on the Functioning of the European Union; |
| --- | --- |

2.

| 3. | Instructs its President to arrange, once the Commission has delivered its opinion and the Council has given its approval to the annexed draft Regulation, for publication of the Regulation in the Official Journal of the European Union. |
| --- | --- |

3.

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ANNEX TO THE RESOLUTION

Draft regulation of the European Parliament laying down the regulations and general conditions governing the performance of the Ombudsman’s duties (Statute of the European Ombudsman) and repealing Decision 94/262/ECSC, EC, Euratom

THE EUROPEAN PARLIAMENT,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 228(4) thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,

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

Having regard to the consent of the Council,

Having regard to the opinion of the Commission,

Acting in accordance with a special legislative procedure,

Whereas:

| (1) | The regulations and general conditions governing the performance of the Ombudsman's duties should be laid down in compliance with the provisions of the Treaty on the Functioning of the European Union, particularly Article 20(2), point (d), and Article 228, the Treaty establishing the European Atomic Energy Community and the Charter of Fundamental Rights of the European Union. |
| --- | --- |

(1)

The regulations and general conditions governing the performance of the Ombudsman's duties should be laid down in compliance with the provisions of the Treaty on the Functioning of the European Union, particularly Article 20(2), point (d), and Article 228, the Treaty establishing the European Atomic Energy Community and the Charter of Fundamental Rights of the European Union.

| (2) | In particular, Article 41 of the Charter of the Fundamental Rights of the European Union recognises the right to good administration as a fundamental right of European citizens. In its turn, Article 43 of the Charter recognises the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices and agencies of the Union. In order for those rights to be effective and in order to enhance the capacity of the Ombudsman to conduct thorough and impartial inquiries, the Ombudsman should be provided with all the tools that are necessary to perform the duties referred to in the Treaties and in this Regulation successfully. |
| --- | --- |

(2)

In particular, Article 41 of the Charter of the Fundamental Rights of the European Union recognises the right to good administration as a fundamental right of European citizens. In its turn, Article 43 of the Charter recognises the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices and agencies of the Union. In order for those rights to be effective and in order to enhance the capacity of the Ombudsman to conduct thorough and impartial inquiries, the Ombudsman should be provided with all the tools that are necessary to perform the duties referred to in the Treaties and in this Regulation successfully.

| (3) | Decision 94/262/ECSC, EC, Euratom of the European Parliament (1) was lastly amended in 2008. With the entry into force of the Treaty of Lisbon on 1 December 2009, a new legal framework was established for the Union. In particular, Article 228(4) TFEU enables the European Parliament, after seeking an opinion from the Commission and with the consent of the Council, to adopt regulations laying down the regulations and general conditions governing the performance of the Ombudsman’s duties. It is therefore desirable to repeal Decision 94/262/ECSC, EC, Euratom and replace it by a Regulation in accordance with the legal basis currently applicable. |
| --- | --- |

(3)

Decision 94/262/ECSC, EC, Euratom of the European Parliament (1) was lastly amended in 2008. With the entry into force of the Treaty of Lisbon on 1 December 2009, a new legal framework was established for the Union. In particular, Article 228(4) TFEU enables the European Parliament, after seeking an opinion from the Commission and with the consent of the Council, to adopt regulations laying down the regulations and general conditions governing the performance of the Ombudsman’s duties. It is therefore desirable to repeal Decision 94/262/ECSC, EC, Euratom and replace it by a Regulation in accordance with the legal basis currently applicable.

| (4) | The establishment of the conditions under which a complaint may be referred to the Ombudsman should comply with the principle of full, free and easy access, notwithstanding specific restrictions pertaining to the concurrence of new or pending legal and administrative proceedings. |
| --- | --- |

(4)

The establishment of the conditions under which a complaint may be referred to the Ombudsman should comply with the principle of full, free and easy access, notwithstanding specific restrictions pertaining to the concurrence of new or pending legal and administrative proceedings.

| (5) | The Ombudsman has the right to make recommendations where the Ombudsman finds that a Union institution, body, office or agency is not properly applying a court ruling. |
| --- | --- |

(5)

The Ombudsman has the right to make recommendations where the Ombudsman finds that a Union institution, body, office or agency is not properly applying a court ruling.

| (6) | It is necessary to lay down the procedures to be followed where the Ombudsman's inquiries reveal cases of maladministration. A provision should also be made for the submission of a comprehensive report by the Ombudsman to the European Parliament at the end of each annual session. |
| --- | --- |

(6)

It is necessary to lay down the procedures to be followed where the Ombudsman's inquiries reveal cases of maladministration. A provision should also be made for the submission of a comprehensive report by the Ombudsman to the European Parliament at the end of each annual session.

| (7) | In order to strengthen the Ombudsman’s role, it is desirable to allow the Ombudsman, without prejudice to the primary duty of the Ombudsman, which is to handle complaints, to conduct own-initiative inquiries with a view to identifying repeated or particularly serious instances of maladministration and promoting best administrative practices within the Union institutions, bodies, offices and agencies. |
| --- | --- |

(7)

In order to strengthen the Ombudsman’s role, it is desirable to allow the Ombudsman, without prejudice to the primary duty of the Ombudsman, which is to handle complaints, to conduct own-initiative inquiries with a view to identifying repeated or particularly serious instances of maladministration and promoting best administrative practices within the Union institutions, bodies, offices and agencies.

| (8) | In order to increase the effectiveness of the action of the Ombudsman, the Ombudsman should be entitled, on the Ombudsman’s own initiative or following a complaint, to conduct inquiries following up previous inquiries so as to ascertain whether and to what extent the institution, body, office or agency concerned has complied with the recommendations put forward. The Ombudsman should also be entitled to include, in the Ombudsman’s annual report to the European Parliament, an assessment of the rate of compliance with recommendations made, and an assessment of the adequacy of the resources made available to the Ombudsman to perform the duties referred to in the Treaties and in this Regulation. |
| --- | --- |

(8)

In order to increase the effectiveness of the action of the Ombudsman, the Ombudsman should be entitled, on the Ombudsman’s own initiative or following a complaint, to conduct inquiries following up previous inquiries so as to ascertain whether and to what extent the institution, body, office or agency concerned has complied with the recommendations put forward. The Ombudsman should also be entitled to include, in the Ombudsman’s annual report to the European Parliament, an assessment of the rate of compliance with recommendations made, and an assessment of the adequacy of the resources made available to the Ombudsman to perform the duties referred to in the Treaties and in this Regulation.

| (9) | The Ombudsman should have access to all the elements required for the performance of the Ombudsman’s duties. To that end, Union institutions, bodies, offices and agencies are to be obliged to supply the Ombudsman with any information that the Ombudsman requests of them, without prejudice to the Ombudsman's obligations under Regulation (EC) No 1049/2001 of the European Parliament of the Council (2). Access to classified information or documents should be subject to compliance with the rules on the processing of confidential information by the Union institution, body, office or agency concerned. The institutions, bodies, offices or agencies supplying classified information or documents should inform the Ombudsman of such classification. For the implementation of the rules on the processing of confidential information by the Union institution, body, office or agency concerned, the Ombudsman should have agreed in advance with the institution, body, office or agency concerned the conditions for treatment of classified information or documents and of other information covered by the obligation of professional secrecy. If the Ombudsman finds that the assistance requested is not forthcoming, the Ombudsman should inform the European Parliament, which should make appropriate representations. |
| --- | --- |

(9)

The Ombudsman should have access to all the elements required for the performance of the Ombudsman’s duties. To that end, Union institutions, bodies, offices and agencies are to be obliged to supply the Ombudsman with any information that the Ombudsman requests of them, without prejudice to the Ombudsman's obligations under Regulation (EC) No 1049/2001 of the European Parliament of the Council (2). Access to classified information or documents should be subject to compliance with the rules on the processing of confidential information by the Union institution, body, office or agency concerned. The institutions, bodies, offices or agencies supplying classified information or documents should inform the Ombudsman of such classification. For the implementation of the rules on the processing of confidential information by the Union institution, body, office or agency concerned, the Ombudsman should have agreed in advance with the institution, body, office or agency concerned the conditions for treatment of classified information or documents and of other information covered by the obligation of professional secrecy. If the Ombudsman finds that the assistance requested is not forthcoming, the Ombudsman should inform the European Parliament, which should make appropriate representations.

| (10) | The Ombudsman and the Ombudsman’s staff are to be obliged to treat in confidence any information which they have acquired in the course of their duties. However, the Ombudsman should inform the competent authorities of facts that the Ombudsman considers might relate to criminal law and which have come to the Ombudsman’s attention in the course of an inquiry. The Ombudsman should also be able to inform the Union institution, body, office or agency concerned of the facts calling into question the conduct of a member of their staff. |
| --- | --- |

(10)

The Ombudsman and the Ombudsman’s staff are to be obliged to treat in confidence any information which they have acquired in the course of their duties. However, the Ombudsman should inform the competent authorities of facts that the Ombudsman considers might relate to criminal law and which have come to the Ombudsman’s attention in the course of an inquiry. The Ombudsman should also be able to inform the Union institution, body, office or agency concerned of the facts calling into question the conduct of a member of their staff.

| (11) | Account should be taken of the recent changes concerning the protection of the Union’s financial interests against criminal offences, notably the establishment of the European Public Prosecutor’s Office by Council Regulation (EU) 2017/1939 (3), so as to allow the Ombudsman to notify it of any information falling within the latter’s remit. Likewise, in order to fully respect the presumption of innocence and the rights of the defence enshrined in Article 48 of the Charter of the Fundamental Rights of the European Union, it is desirable that, where the Ombudsman notifies the European Public Prosecutor’s Office of information falling within the latter’s remit, the Ombudsman reports that notification to the person concerned and to the complainant. |
| --- | --- |

(11)

Account should be taken of the recent changes concerning the protection of the Union’s financial interests against criminal offences, notably the establishment of the European Public Prosecutor’s Office by Council Regulation (EU) 2017/1939 (3), so as to allow the Ombudsman to notify it of any information falling within the latter’s remit. Likewise, in order to fully respect the presumption of innocence and the rights of the defence enshrined in Article 48 of the Charter of the Fundamental Rights of the European Union, it is desirable that, where the Ombudsman notifies the European Public Prosecutor’s Office of information falling within the latter’s remit, the Ombudsman reports that notification to the person concerned and to the complainant.

| (12) | A provision should be made for the possibility of cooperation between the Ombudsman and authorities of the same type in the Member States, in compliance with the national laws applicable. It is also desirable to take steps so as to enable the Ombudsman to cooperate with the European Union Agency for Fundamental Rights, since such cooperation may render the performance of the Ombudsman’s duties more effective. |
| --- | --- |

(12)

A provision should be made for the possibility of cooperation between the Ombudsman and authorities of the same type in the Member States, in compliance with the national laws applicable. It is also desirable to take steps so as to enable the Ombudsman to cooperate with the European Union Agency for Fundamental Rights, since such cooperation may render the performance of the Ombudsman’s duties more effective.

| (13) | It is for the European Parliament to appoint the Ombudsman at the beginning of the parliamentary term and for the duration thereof, choosing the Ombudsman from among persons who are Union citizens and who offer every requisite guarantee of independence and competence. Conditions should also be laid down for the cessation of the Ombudsman's duties as well as for the replacement of the Ombudsman. |
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(13)

It is for the European Parliament to appoint the Ombudsman at the beginning of the parliamentary term and for the duration thereof, choosing the Ombudsman from among persons who are Union citizens and who offer every requisite guarantee of independence and competence. Conditions should also be laid down for the cessation of the Ombudsman's duties as well as for the replacement of the Ombudsman.

| (14) | The Ombudsman’s duties should be performed with complete independence. The Ombudsman should give a solemn undertaking before the Court of Justice when taking office. The incompatibilities, the remuneration, the privileges and the immunities of the Ombudsman should be laid down. |
| --- | --- |

(14)

The Ombudsman’s duties should be performed with complete independence. The Ombudsman should give a solemn undertaking before the Court of Justice when taking office. The incompatibilities, the remuneration, the privileges and the immunities of the Ombudsman should be laid down.

| (15) | Provisions should be adopted regarding the seat of the Ombudsman, which should be that of the European Parliament. Provisions should also be made regarding not only the officials and other servants of the secretariat of the Ombudsman which will assist the latter, but also the budget thereof. |
| --- | --- |

(15)

Provisions should be adopted regarding the seat of the Ombudsman, which should be that of the European Parliament. Provisions should also be made regarding not only the officials and other servants of the secretariat of the Ombudsman which will assist the latter, but also the budget thereof.

| (16) | It is for the Ombudsman to adopt the implementing provisions for this Regulation. In order to guarantee legal certainty and the highest standards in performing the Ombudsman’s duties, the minimum content of the implementing provisions to be adopted should be established in this Regulation, |
| --- | --- |

(16)

It is for the Ombudsman to adopt the implementing provisions for this Regulation. In order to guarantee legal certainty and the highest standards in performing the Ombudsman’s duties, the minimum content of the implementing provisions to be adopted should be established in this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

1.   This Regulation lays down the regulations and general conditions governing the performance of the Ombudsman's duties (Statute of the European Ombudsman).

2.   The Ombudsman shall act independently of the Union institutions, bodies, offices and agencies, in accordance with the powers conferred on the Ombudsman by the Treaties, and with due regard to Article 20(2), point (d), and Article 228 TFEU and Article 41 of the Charter of Fundamental Rights of the European Union on the right to good administration.

3.   In the performance of the duties referred to in the Treaties and in this Regulation, the Ombudsman may not intervene in cases before courts nor may the Ombudsman question the soundness of a court's ruling or a court’s competence to issue a ruling.

Article 2

1.   The Ombudsman shall help to uncover maladministration in the activities of the Union institutions, bodies, offices and agencies, with the exception of the Court of Justice of the European Union acting in its judicial role, and, where appropriate, shall make recommendations with a view to putting an end to it. No action by any other authority or person may be the subject of a complaint to the Ombudsman.

2.   Any citizen of the Union or any natural or legal person residing or having its registered office in a Member State may, directly or through a Member of the European Parliament, refer a complaint to the Ombudsman in respect of an instance of maladministration in the activities of Union institutions, bodies, offices or agencies, with the exception of the Court of Justice of the European Union acting in its judicial role. The Ombudsman shall inform the institution, body, office or agency concerned as soon as a complaint is referred to the Ombudsman, whilst respecting the Union standards in the field of personal data protection.

3.   The complaint shall make clear reference to its object and to the identity of the complainant. The complainant may request that the complaint, or parts thereof, remain confidential.

4.   A complaint shall be made within three years of the date on which the facts on which it is based came to the attention of the complainant and shall be preceded by the appropriate administrative approaches to the institutions, bodies, offices and agencies concerned.

5.   The Ombudsman shall determine whether a complaint is within the mandate of the Ombudsman, and, if so, whether it is admissible. Where a complaint is outside the mandate or inadmissible, the Ombudsman, before closing the file, may advise the complainant to address it to another authority.

6.   Complaints submitted to the Ombudsman shall not affect time-limits for appeals in administrative or judicial proceedings.

7.   When the Ombudsman, because of legal proceedings in progress or concluded concerning the facts which have been put forward, has to declare a complaint inadmissible or terminate consideration of it, the outcome of any inquiries the Ombudsman has carried out up to that point shall be filed definitively.

8.   With the exception of complaints relating to sexual harassment cases, no complaint may be made to the Ombudsman that concerns work relationships between the Union institutions, bodies, offices and agencies and their officials and other servants unless all the possibilities for the submission of internal administrative requests and complaints, in particular the procedures referred to in Article 90 of the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (4) (‘the Staff Regulations’), have been exhausted by the person concerned and the time-limits for replies by the institution, body, office or agency concerned have expired.

9.   The Ombudsman shall inform as soon as possible the complainant of the action taken on the complaint.

Article 3

1.   The Ombudsman shall, on the Ombudsman’s own initiative or following a complaint, conduct all the inquiries, including those following up previous ones, which the Ombudsman considers justified to clarify any suspected maladministration in the activities of Union institutions, bodies, offices and agencies. The Ombudsman shall act without requiring any prior authorisation and shall inform the institution, body, office or agency concerned in due time of such action. The institution, body, office or agency concerned may submit any useful comment or evidence to the Ombudsman. The Ombudsman may also request the institution, body, office or agency concerned to submit such comments or evidence.

2.   Without prejudice to the primary duty of the Ombudsman, which is to handle complaints, the Ombudsman may conduct own-initiative inquiries of a more strategic nature in order to identify repeated or particularly serious instances of maladministration, to promote best administrative practices within the Union institutions, bodies, offices and agencies and to proactively address structural issues of public interest falling within the Ombudsman’s remit.

3.   The Ombudsman may engage in structured and regular dialogue with the Union institutions, bodies, offices and agencies and organise public consultations before providing recommendations or at any stage thereafter. The Ombudsman may as well systematically analyse and assess the progress of the institution, body, office or agency concerned, and issue further recommendations.

4.   The Union institutions, bodies, offices and agencies shall supply the Ombudsman with any information the Ombudsman has requested from them and provide the Ombudsman with access to the files concerned. Access to classified information or documents shall be subject to compliance with the rules on the processing of confidential information by the Union institution, body, office or agency concerned.

The institutions, bodies, offices or agencies supplying classified information or documents in accordance with the first subparagraph shall inform the Ombudsman of such classification in advance.

For the implementation of the rules provided for in the first subparagraph, the Ombudsman shall have agreed in advance with the institution, body, office or agency concerned the conditions for treatment of classified information or documents.

The institutions, bodies, offices or agencies concerned shall give access to documents originating in a Member State and classified as secret by law only after the Ombudsman’s services have put in place appropriate measures and safeguards for handling the documents that ensure an equivalent level of confidentiality, in line with Article 9 of Regulation (EC) No 1049/2001 and in compliance with the rules on security of the Union institution, body, office or agency concerned.

Officials and other servants of Union institutions, bodies, offices and agencies shall, at the request of the Ombudsman, testify to facts which relate to an ongoing inquiry by the Ombudsman. They shall speak on behalf of their institution, body, office or agency. They shall continue to be bound by the obligations arising from the rules to which they are subject. When they are bound by a duty of professional secrecy, this shall not be interpreted as covering information relevant for complaints or inquiries on harassment or maladministration.

5.   The Ombudsman shall periodically examine the procedures linked to the administrative action of the Union institutions, bodies, offices and agencies and shall assess whether they are able effectively to prevent conflicts of interest, to guarantee impartiality and to ensure full respect for the right to good administration. The Ombudsman may identify and assess possible instances of conflicts of interest at all levels which could constitute a source of maladministration, in which case the Ombudsman shall draw up specific conclusions and inform the European Parliament of the findings on the subject.

6.   In so far as their national law allows, the competent authorities of the Member States shall, at the request of the Ombudsman or on their own initiative, urgently transmit to the Ombudsman any information or document that may help to clarify instances of maladministration by Union institutions, bodies, offices or agencies. Where such information or document is covered by national law on the processing of confidential information or by provisions preventing its being communicated, the Member State concerned may allow the Ombudsman to have access to this information or document provided that the Ombudsman undertakes to handle it in agreement with the originating competent authority. A description of the document shall be provided in any event.

7.   If the assistance requested by the Ombudsman is not forthcoming, the Ombudsman shall inform the European Parliament, which shall make appropriate representations.

8.   Where instances of maladministration have been found following an inquiry, the Ombudsman shall inform the institution, body, office or agency concerned, where appropriate making recommendations. The institution, body, office or agency so informed shall send the Ombudsman a detailed opinion within three months. The Ombudsman may, upon a reasoned request of the institution, body, office or agency concerned, grant an extension of that deadline, which shall not exceed two months. When no opinion is delivered by the institution, body, office or agency concerned within the three month deadline or within the extended deadline, the Ombudsman may close the inquiry without such an opinion.

9.   The Ombudsman shall then send a report to the institution, body, office or agency concerned and, notably where the nature or the scale of the instance of maladministration uncovered so requires, to the European Parliament. The Ombudsman may make recommendations in the report. The complainant shall be informed by the Ombudsman of the outcome of the inquiry, of the opinion expressed by the institution, body, office or agency concerned and of any recommendations made in the report by the Ombudsman.

10.   Where appropriate in relation to an inquiry into the activities of a Union institution, body, office or agency, the Ombudsman may appear before the European Parliament, on the Ombudsman's own initiative or at the request of the European Parliament, at the most appropriate level.

11.   As far as possible, the Ombudsman shall seek a solution with the institution, body, office or agency concerned to eliminate the instance of maladministration and satisfy the complaint. The Ombudsman shall inform the complainant of the solution proposed along with the comments, if any, of the institution, body, office or agency concerned. If the complainant so wishes, the complainant shall be entitled to submit comments, or additional information that was not known at the time of submission of the complaint, to the Ombudsman, at any stage.

12.   At the end of each annual session the Ombudsman shall submit to the European Parliament a report on the outcome of the inquiries that the Ombudsman carried out. The report shall include an assessment of the compliance with the Ombudsman’s recommendations and an assessment of the adequacy of the resources available to perform the Ombudsman’s duties. These assessments may also be the subject of separate reports.

Article 4

The Ombudsman and the Ombudsman’s staff shall deal with requests for public access to documents, other than those referred to in Article 6(1), in accordance with the conditions and limits provided for in Regulation (EC) No 1049/2001.

With regard to complaints concerning the right of public access to documents drawn up or received by a Union institution, body, office or agency, the Ombudsman shall, after due analysis and all necessary consideration, issue a recommendation concerning the access to those documents. The institution, body, office or agency concerned shall respond within the time frames provided by Regulation (EC) No 1049/2001. If the institution, body, office or agency concerned does not follow a recommendation from the Ombudsman to give access to documents, it shall duly state the reasons for its refusal. In such a case, the Ombudsman shall inform the complainant about the legal remedies available, including the procedures available to refer the case to the Court of Justice of the European Union.

Article 5

The Ombudsman shall conduct regular assessments of the policies and reviews of the procedures in place in the relevant Union institutions, bodies, offices and agencies in accordance with Article 22a of the Staff Regulations (‘whistleblowing’) and shall, where appropriate, make concrete recommendations for improvement with a view to ensuring full protection for officials or other servants reporting facts in accordance with Article 22a of the Staff Regulations. The Ombudsman may, upon request, provide in confidence information, impartial advice and expert guidance to officials or other servants on the proper conduct to take in the presence of the facts referred to Article 22a of the Staff Regulations, including on the scope of the relevant provisions of Union law.

The Ombudsman may also open inquiries based on the information provided by officials or other servants reporting facts in accordance with Article 22a of the Staff Regulations, who may report in confidence and anonymously, where the facts described could constitute maladministration in a Union institution, body, office or agency. In order to enable this purpose, applicable staff regulations regarding secrecy may be waived.

Article 6

1.   The Ombudsman and the Ombudsman’s staff, to whom Article 339 TFEU and Article 194 of the Euratom Treaty shall apply, shall be required not to divulge information or documents which they obtain in the course of their inquiries. Without prejudice to paragraph 2, they shall, in particular, be required not to divulge any classified information or document supplied to the Ombudsman or documents falling within the scope of Union law regarding the protection of personal data, as well as any information which could harm the complainant or any other person involved.

2.   If the Ombudsman considers that facts learnt in the course of an inquiry might relate to criminal law, the Ombudsman shall notify the competent national authorities and, in so far as the case falls within their powers, the European Anti-Fraud Office and the European Public Prosecutor’s Office. If appropriate, the Ombudsman shall also notify the Union institution, body, office or agency with authority over the official or other servant concerned, which may apply the second paragraph of Article 17 of Protocol No 7 on the Privileges and Immunities of the European Union.

The Ombudsman may also notify the Union institution, body, office or agency concerned of the facts calling into question the conduct of a member of their staff, as well as any persistent activity that has the effect of hampering the ongoing inquiry.

The Ombudsman shall report such notifications to the complainant and to the other persons concerned whose identity is known.

Article 7

1.   The Ombudsman may cooperate with authorities of the same type in the Member States provided that the Ombudsman complies with the national law applicable.

2.   Within the scope of the Ombudsman’s duties, the Ombudsman shall cooperate with the European Union Agency for Fundamental Rights and with other institutions and bodies, while avoiding any duplication with their activities.

Article 8

1.   The Ombudsman shall be elected, and eligible for reappointment, in accordance with Article 228(2) of the TFEU.

2.   The Ombudsman shall be chosen from among persons who are Union citizens, have full civil and political rights, offer every guarantee of independence, have not been Members of national governments or Members of Union's institutions within the past three years, meet conditions of impartiality equivalent to those required for a judicial office in their country and have the acknowledged competence and experience to undertake the duties of the Ombudsman.

Article 9

1.   The Ombudsman shall cease to exercise the duties referred to in the Treaties and in this Regulation either at the end the term of office or upon resignation or dismissal.

2.   Save in the event of dismissal, the Ombudsman shall remain in office until a new Ombudsman has been elected.

3.   In the event of early cessation of duties, a new Ombudsman shall be appointed within three months of the office's falling vacant for the remainder of the term of office of the European Parliament. Until such time as a new Ombudsman has been elected, the principal officer referred to in Article 13(2) shall be responsible for urgent matters falling within the Ombudsman’s remit.

Article 10

Where the European Parliament intends to request the dismissal of the Ombudsman in accordance with Article 228(2) of the TFEU, it shall hear the Ombudsman before making such a request.

Article 11

1.   In the performance of the duties referred to in the Treaties and in this Regulation, the Ombudsman shall act in accordance with Article 228(3) TFEU. The Ombudsman shall refrain from any act incompatible with the nature of the said duties.

2.   When taking up office, the Ombudsman shall give a solemn undertaking before the Court of Justice sitting as a full Court that the duties referred to in the Treaties and in this Regulation will be performed with complete independence and impartiality and that the obligations arising during and after the term of office will be fully respected. The solemn undertaking shall in particular include the duty to behave with integrity and discretion as regards the acceptance of certain appointments or benefits after the end of the term of office.

Article 12

1.   During the Ombudsman’s term of office, the Ombudsman may not engage in any other political or administrative duties, or any other occupation, whether gainful or not.

2.   The Ombudsman shall have the same rank in terms of remuneration, allowances and pension as a judge at the Court of Justice.

3.   Articles 11 to 14 and Article 17 of Protocol No 7 shall apply to the Ombudsman and to the officials and other servants of the Ombudsman’s secretariat.

Article 13

1.   The Ombudsman shall be awarded an adequate budget, sufficient to ensure the Ombudsman’s independence and to provide for the performance of the duties referred to in the Treaties and in this Regulation.

2.   The Ombudsman shall be assisted by a secretariat, the principal officer of which the Ombudsman shall appoint.

3.   The Ombudsman should aim to achieve gender parity within the composition of the Ombudsman’s secretariat.

4.   The officials and other servants of the Ombudsman's secretariat shall be subject to the rules and regulations applicable to officials and other servants of the Union. Their number shall be adopted each year as part of the budgetary procedure and be adequate for the proper performance of the Ombudsman's duties and workload.

5.   Officials and other servants of the Union and of the Member States appointed to the Ombudsman's secretariat shall be seconded in the interests of the service and guaranteed automatic reinstatement in their institution, body, office or agency of origin.

6.   In matters concerning the Ombudsman's staff, the Ombudsman shall have the same status as the institutions within the meaning of Article 1a of the Staff Regulations.

Article 14

The Ombudsman shall assess the procedures in place to prevent harassment of any kind and nature within the Union institutions, bodies, offices and agencies, as well as the mechanisms to penalise those responsible of harassment. The Ombudsman shall draw up appropriate conclusions as to whether those procedures are consistent with the principles of proportionality, adequacy and energetic action, and whether they provide victims with effective protection and support.

The Ombudsman shall examine in a timely manner whether the Union institutions, bodies, offices and agencies adequately handle harassment cases of any kind and nature by correctly applying the procedures provided for in connection with complaints in that field. The Ombudsman shall draw up appropriate conclusions on the subject.

The Ombudsman shall within the secretariat appoint a person or designate a structure with expertise in the field of harassment able to assess in a timely manner whether harassment cases of any kind and nature, including sexual harassment, are handled adequately within the Union institutions, bodies, offices and agencies and, where appropriate, to provide advice to their officials and other servants.

Article 15

The seat of the Ombudsman shall be that of the European Parliament.

Article 16

Any communication addressed to the national authorities of the Member States for the purposes of applying this Regulation shall be made through their Permanent Representations to the Union.

Article 17

The Ombudsman shall adopt the implementing provisions for this Regulation. These shall be in accordance with this Regulation and include at least provisions on:

| (a) | procedural rights of the complainant and the institution, body, office or agency concerned; |
| --- | --- |

(a)

procedural rights of the complainant and the institution, body, office or agency concerned;

| (b) | ensuring the protection of officials or other servants reporting cases of sexual harassment and of breaches of Union law within the institutions, bodies, offices or agencies of the Union, in accordance with Article 22a of the Staff Regulations (‘whistleblowing’); |
| --- | --- |

(b)

ensuring the protection of officials or other servants reporting cases of sexual harassment and of breaches of Union law within the institutions, bodies, offices or agencies of the Union, in accordance with Article 22a of the Staff Regulations (‘whistleblowing’);

| (c) | receipt, processing and closure of a complaint; |
| --- | --- |

(c)

receipt, processing and closure of a complaint;

| (d) | own-initiative inquiries; |
| --- | --- |

(d)

own-initiative inquiries;

| (e) | follow-up inquiries; and |
| --- | --- |

(e)

follow-up inquiries; and

| (f) | information gathering actions. |
| --- | --- |

(f)

information gathering actions.

Article 18

Decision 94/262/ECSC, EC, Euratom is repealed.

Article 19

This Regulation shall enter into force on the first day of the month 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

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(1)  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 (OJ L 113, 4.5.1994, p. 15).

1

(2)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

2

(3)  Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (OJ L 283, 31.10.2017, p. 1).

3

(4)  OJ L 56, 4.3.1968, p. 1.

4

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III Preparatory acts

European Parliament

Tuesday 12 February 2019

| 23.12.2020 | EN | Official Journal of the European Union | C 449/191 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/191

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P8_TA(2019)0063

Fisheries Partnership Agreement between Côte d’Ivoire and the EU (2018-2024) ***

European Parliament legislative resolution of 12 February 2019 on the draft Council decision on the conclusion of the Protocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Côte d’Ivoire (2018-2024) (10858/2018 — C8-0387/2018 — 2018/0267(NLE))

(Consent)

(2020/C 449/27)

The European Parliament,

| — | having regard to the draft Council decision (10858/2018), |
| --- | --- |

—

having regard to the draft Council decision (10858/2018),

| — | having regard to the Protocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Côte d’Ivoire (2018-2024) (10856/2018), |
| --- | --- |

—

having regard to the Protocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Côte d’Ivoire (2018-2024) (10856/2018),

| — | having regard to the request for consent submitted by the Council in accordance with Article 43 and Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0387/2018), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 43 and Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0387/2018),

| — | having regard to its non-legislative resolution of 12 February 2019 (1) on the draft decision, |
| --- | --- |

—

having regard to its non-legislative resolution of 12 February 2019 (1) on the draft decision,

| — | having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure |
| --- | --- |

—

having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure

| — | having regard to the recommendation of the Committee on Fisheries and the opinions of the Committee on Development and the Committee on Budgets (A8-0030/2019), |
| --- | --- |

—

having regard to the recommendation of the Committee on Fisheries and the opinions of the Committee on Development and the Committee on Budgets (A8-0030/2019),

| 1. | Gives its consent to conclusion of the protocol; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Côte d’Ivoire. |
| --- | --- |

2.

---

(1)  Texts adopted, P8_TA(2019)0064.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/192 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/192

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P8_TA(2019)0064

Fisheries Partnership Agreement between Côte d’Ivoire and the EU (2018-2024) (resolution)

European Parliament non-legislative resolution of 12 February 2019 on the draft Council decision on the conclusion of the Protocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Côte d’Ivoire (2018-2024) (10858/2018 — C8-0387/2018 — 2018/0267M(NLE))

(2020/C 449/28)

The European Parliament,

| — | having regard to the draft Council decision (10858/2018), |
| --- | --- |

—

having regard to the draft Council decision (10858/2018),

| — | having regard to the Protocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Côte d’Ivoire (2018-2024) (10856/2018), |
| --- | --- |

—

having regard to the Protocol on the implementation of the Fisheries Partnership Agreement between the European Union and the Republic of Côte d’Ivoire (2018-2024) (10856/2018),

| — | having regard to the request for consent submitted by the Council in accordance with Article 43, Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0387/2018), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 43, Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0387/2018),

| — | having regard to its legislative resolution of 12 February 2019 (1) on the draft decision, |
| --- | --- |

—

having regard to its legislative resolution of 12 February 2019 (1) on the draft decision,

| — | having regard to Rule 99(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 99(2) of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries and the opinion of the Committee on Development (A8-0034/2019), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries and the opinion of the Committee on Development (A8-0034/2019),

| A. | whereas the Commission and the Government of Côte d’Ivoire have negotiated a new sustainable fisheries partnership agreement (EU-Côte d’Ivoire SFPA) and implementing protocol for a six-year period; |
| --- | --- |

A.

whereas the Commission and the Government of Côte d’Ivoire have negotiated a new sustainable fisheries partnership agreement (EU-Côte d’Ivoire SFPA) and implementing protocol for a six-year period;

| B. | whereas the overall aim of the EU-Côte d’Ivoire SFPA is to increase fisheries cooperation between the EU and Côte d’Ivoire, in the interests of both parties, by promoting a sustainable fisheries policy and sustainable exploitation of fishery resources in the Côte d’Ivoire exclusive economic zone (EEZ); |
| --- | --- |

B.

whereas the overall aim of the EU-Côte d’Ivoire SFPA is to increase fisheries cooperation between the EU and Côte d’Ivoire, in the interests of both parties, by promoting a sustainable fisheries policy and sustainable exploitation of fishery resources in the Côte d’Ivoire exclusive economic zone (EEZ);

| C. | whereas the uptake of fishing opportunities under the previous EU-Côte d’Ivoire SFPA amounted, on average, to 79 %, a figure considered to be good on the whole; whereas during that period, however, longliners did not make use of the fishing opportunities available; |
| --- | --- |

C.

whereas the uptake of fishing opportunities under the previous EU-Côte d’Ivoire SFPA amounted, on average, to 79 %, a figure considered to be good on the whole; whereas during that period, however, longliners did not make use of the fishing opportunities available;

| D. | whereas the fact that the EU-Côte d’Ivoire SFPAs have been concluded one after the other has been helping Côte d’Ivoire’s economy to the extent that local seamen and the Abidjan port and canning facilities have been used, the by-catches of EU tuna seiners have been turned to account, and local monitoring capacities have been strengthened (although they are considered to be generally modest); |
| --- | --- |

D.

whereas the fact that the EU-Côte d’Ivoire SFPAs have been concluded one after the other has been helping Côte d’Ivoire’s economy to the extent that local seamen and the Abidjan port and canning facilities have been used, the by-catches of EU tuna seiners have been turned to account, and local monitoring capacities have been strengthened (although they are considered to be generally modest);

| E. | whereas the EU-Côte d’Ivoire SFPA should promote more effective sustainable development of the Ivorian fishing communities and of related industries and activities; whereas the support to be provided under the Protocol has to be consistent with the national development plans — in particular the Strategic Plan for the Development of Livestock, Fisheries, and Aquaculture (PSDEPA) — and the Blue Growth Action Plan, devised with the United Nations to increase production in, and professionalise, the sector in order to meet the population’s food and employment needs; whereas, according to the above-mentioned Strategic Plan, achieving those aims requires a budget of more than EUR 140 million; |
| --- | --- |

E.

whereas the EU-Côte d’Ivoire SFPA should promote more effective sustainable development of the Ivorian fishing communities and of related industries and activities; whereas the support to be provided under the Protocol has to be consistent with the national development plans — in particular the Strategic Plan for the Development of Livestock, Fisheries, and Aquaculture (PSDEPA) — and the Blue Growth Action Plan, devised with the United Nations to increase production in, and professionalise, the sector in order to meet the population’s food and employment needs; whereas, according to the above-mentioned Strategic Plan, achieving those aims requires a budget of more than EUR 140 million;

| F. | whereas the EU, through the European Development Fund, is contributing a multiannual budget of EUR 273 million for Côte d’Ivoire, focusing on, among other areas, infrastructure, health, and humanitarian aid; |
| --- | --- |

F.

whereas the EU, through the European Development Fund, is contributing a multiannual budget of EUR 273 million for Côte d’Ivoire, focusing on, among other areas, infrastructure, health, and humanitarian aid;

| 1. | Takes the view that the EU-Côte-d’Ivoire SFPA should pursue two equally important goals: (1) providing fishing opportunities for EU vessels in the Côte d’Ivoire EEZ, on the basis of the best available scientific advice and without interfering with conservation and management measures by the regional organisations to which Côte d’Ivoire belongs — primarily the ICCAT — or overrunning the available surplus; and (2) promoting cooperation between the EU and Côte d’Ivoire with a view to a sustainable fisheries policy and sound exploitation of fishery resources in the Côte d’Ivoire fishing zone, and contributing to sustainable development of the Ivorian fisheries sector through economic, financial, technical, and scientific cooperation, without undermining Côte d’Ivoire’s sovereign options and strategies regarding that development; |
| --- | --- |

1.

| 2. | Draws attention to the findings of the retrospective and prospective assessment of the Protocol to the EU-Côte d’Ivoire SFPA, produced in September 2017, which stated that the Protocol to the 2013-2018 SFPA had on the whole proved to be effective, efficient, appropriate to the interests involved, and consistent with the Ivorian sectoral policy and a high degree of acceptability to stakeholders, and which recommended the option of concluding a new protocol; |
| --- | --- |

2.

| 3. | Maintains that the EU-Côte d’Ivoire SFPA and the Protocol thereto, when they are implemented and if they should be revised and/or renewed, have to allow for and be aligned with the PSDEPA and the Blue Growth Plan for the development of the Ivorian fisheries sector, and specifically should:






  — | Improve governance: drafting and validating legislation and building on management plans; |
| --- | --- | --- |

3.

—

Improve governance: drafting and validating legislation and building on management plans;

| — | Tighten up control and surveillance in the Côte d’Ivoire EEZ; |
| --- | --- |

—

Tighten up control and surveillance in the Côte d’Ivoire EEZ;

| — | Strengthen measures to combat illegal, unreported and unregulated (IUU) fishing, including in inland waters; |
| --- | --- |

—

Strengthen measures to combat illegal, unreported and unregulated (IUU) fishing, including in inland waters;

| — | Enable landing quays and ports to be constructed and/or renovated, including at — but not limited to — the Port of Abidjan; |
| --- | --- |

—

Enable landing quays and ports to be constructed and/or renovated, including at — but not limited to — the Port of Abidjan;

| — | Improve conditions at smokehouses, particularly for women, thus making for a more effective curing system; |
| --- | --- |

—

Improve conditions at smokehouses, particularly for women, thus making for a more effective curing system;

| — | Support the improvement of working conditions for women, who are primarily responsible for dealing with by-catch; |
| --- | --- |

—

Support the improvement of working conditions for women, who are primarily responsible for dealing with by-catch;

| — | Establish marine protected areas; |
| --- | --- |

—

Establish marine protected areas;

| — | Strengthen partnerships with third countries in the form of fisheries agreements, ensuring transparency through the publication of the contents of these agreements, and also by establishing a regional programme for the training and use of observers; |
| --- | --- |

—

Strengthen partnerships with third countries in the form of fisheries agreements, ensuring transparency through the publication of the contents of these agreements, and also by establishing a regional programme for the training and use of observers;

| — | Enable fish markets to be built; |
| --- | --- |

—

Enable fish markets to be built;

| — | Enable the reinforcement of organisations representing men and women in the fishing industry, especially those involved in artisanal fishing, thereby helping to strengthen technical, management and negotiating capabilities; |
| --- | --- |

—

Enable the reinforcement of organisations representing men and women in the fishing industry, especially those involved in artisanal fishing, thereby helping to strengthen technical, management and negotiating capabilities;

| — | Serve to set up and/or refurbish basic and vocational training centres, thereby raising the skill levels of fishermen and seamen; |
| --- | --- |

—

Serve to set up and/or refurbish basic and vocational training centres, thereby raising the skill levels of fishermen and seamen;

| — | Enhance scientific research capabilities and the ability to monitor fishery resources; |
| --- | --- |

—

Enhance scientific research capabilities and the ability to monitor fishery resources;

| — | Improve the sustainability of marine resources overall; |
| --- | --- |

—

Improve the sustainability of marine resources overall;

| 4. | Considers that the rules regarding the hiring of ACP seamen for EU fishing vessels, amounting to 20 % of the crew, could be more ambitious; reiterates the need to abide by ILO principles and, in particular, advocates the signing of ILO Convention No. 188, implying as this does an obligation to observe the general principles of freedom of association and free collective bargaining for workers and of non-discrimination in employment and at work; also calls for consideration to be given to the demands of local seamen’s unions that social security, health and retirement cover for ACP seamen be translated better into effect; |
| --- | --- |

4.

| 5. | Considers that information should be compiled on the benefits that the implementation of the Protocol brings to local economies (employment, infrastructure, social improvements); |
| --- | --- |

5.

| 6. | Considers it desirable to improve the quantity and accuracy of data on all catches (target species and by-catches) and on the conservation status of fishery resources and to improve the implementation of sectoral support funding in order that the impact of the Agreement on the marine ecosystem and fishing communities can be gauged more exactly; calls on the Commission to help ensure that the bodies responsible for overseeing the implementation of the Agreement, including a joint scientific committee to be set up for that purpose, can operate regularly and transparently, with the involvement of artisanal fishermen’s and women fish smokers associations, trade unions, representatives of coastal communities, and Ivorian civil society organisations; |
| --- | --- |

6.

| 7. | Calls on the Commission and the Member States, in their cooperation and official development assistance policies centring on Côte d’Ivoire, to bear in mind that the European Development Fund and the sectoral support laid down in this SFPA should complement each other with a view to contributing more rapidly and effectively to the empowerment of local fishing communities and to the full exercise of Côte d’Ivoire’s sovereignty over that country’s resources; |
| --- | --- |

7.

| 8. | Calls on the Commission to urge the Republic of Côte d’Ivoire to use the financial contribution provided by the protocol to sustainably strengthen its national fisheries industry, encouraging demand for local investment and industrial projects, and creating local jobs; |
| --- | --- |

8.

| 9. | Calls on the Commission to send to Parliament and make publicly available the minutes and conclusions of the meetings of the Joint Committee provided for in Article 9 of the Agreement, the multiannual sectoral programme provided for in Article 4 of the Protocol, and the findings of the annual evaluations; calls on the Commission to enable representatives of Parliament to attend Joint Committee meetings as observers and to encourage the participation of Côte d’Ivoire fishing communities; |
| --- | --- |

9.

| 10. | Calls on the Commission and the Council, acting within the limits of their powers, to keep Parliament immediately and fully informed at every stage of the procedures relating to the Protocol and, if applicable, its renewal, pursuant to Article 13(2) of the Treaty on European Union and Article 218(10) of the Treaty on the Functioning of the European Union; |
| --- | --- |

10.

| 11. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and the Government and Parliament of the Republic of Côte d’Ivoire. |
| --- | --- |

11.

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(1)  Texts adopted, P8_TA(2019)0063.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/195 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/195

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P8_TA(2019)0065

EU-Morocco Sustainable Fisheries Partnership Agreement ***

European Parliament legislative resolution of 12 February 2019 on the draft Council decision on the conclusion of the Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and the exchange of letters accompanying the Agreement (14367/2018 — C8-0033/2019 — 2018/0349(NLE))

(Consent)

(2020/C 449/29)

The European Parliament,

| — | having regard to the draft Council decision (14367/2018), |
| --- | --- |

—

having regard to the draft Council decision (14367/2018),

| — | having regard to the draft Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and an exchange of letters accompanying the said Agreement (12983/2018), |
| --- | --- |

—

having regard to the draft Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and an exchange of letters accompanying the said Agreement (12983/2018),

| — | having regard to the request for consent submitted by the Council in accordance with Article 43, Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0033/2019), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 43, Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0033/2019),

| — | having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Fisheries and the opinion of the Committee on Budgets (A8-0027/2019), |
| --- | --- |

—

having regard to the recommendation of the Committee on Fisheries and the opinion of the Committee on Budgets (A8-0027/2019),

| 1. | Gives its consent to conclusion of the agreement; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Kingdom of Morocco. |
| --- | --- |

2.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/196 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/196

---

P8_TA(2019)0066

Agreement to prevent unregulated high seas fisheries in the Central Arctic Ocean ***

European Parliament legislative resolution of 12 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (10784/2018 — C8-0431/2018 — 2018/0239(NLE))

(Consent)

(2020/C 449/30)

The European Parliament,

| — | having regard to the draft Council decision (10784/2018), |
| --- | --- |

—

having regard to the draft Council decision (10784/2018),

| — | having regard to the draft Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (10788/2018), |
| --- | --- |

—

having regard to the draft Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (10788/2018),

| — | having regard to the request for consent submitted by the Council in accordance with Articles 43 and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0431/2018), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Articles 43 and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0431/2018),

| — | having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Fisheries (A8-0016/2019), |
| --- | --- |

—

having regard to the recommendation of the Committee on Fisheries (A8-0016/2019),

| 1. | Gives its consent to conclusion of the agreement; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the other parties to the agreement. |
| --- | --- |

2.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/197 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/197

---

P8_TA(2019)0067

Protocol to the EU-Mexico Economic Partnership, Political Coordination and Cooperation Agreement (accession of Croatia) ***

European Parliament legislative resolution of 12 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union and its Member States, of the Third Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Croatia to the European Union (15383/2017 — C8-0489/2018 — 2017/0319(NLE))

(Consent)

(2020/C 449/31)

The European Parliament,

| — | having regard to the draft Council decision (15383/2017), |
| --- | --- |

—

having regard to the draft Council decision (15383/2017),

| — | having regard to the draft Third Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Croatia to the European Union (15410/2017), |
| --- | --- |

—

having regard to the draft Third Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Croatia to the European Union (15410/2017),

| — | having regard to the request for consent submitted by the Council in accordance with Article 91, Article 100(2), Articles 207 and 211 and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C8-0489/2018), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 91, Article 100(2), Articles 207 and 211 and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C8-0489/2018),

| — | having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade (A8-0066/2019), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade (A8-0066/2019),

| 1. | Gives its consent to conclusion of the protocol; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the United Mexican States. |
| --- | --- |

2.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/198 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/198

---

P8_TA(2019)0068

EU Anti-Fraud Programme ***I

European Parliament legislative resolution of 12 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the EU Anti-Fraud Programme (COM(2018)0386 — C8-0236/2018 — 2018/0211(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/32)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2018)0386), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2018)0386),

| — | having regard to Article 294(2) and Articles 33 and 325 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0236/2018), |
| --- | --- |

—

having regard to Article 294(2) and Articles 33 and 325 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0236/2018),

| — | 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 Court of Auditors of 15 November 2018 (1), |
| --- | --- |

—

having regard to the opinion of the Court of Auditors of 15 November 2018 (1),

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Budgets (A8-0064/2019), |
| --- | --- |

—

having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Budgets (A8-0064/2019),

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

1.

| 2. | Points out that the financial envelope specified in the legislative proposal is only an indication to the legislative authority and cannot be fixed until agreement is reached on the proposal for a regulation laying down the multiannual financial framework for the years 2021-2027; |
| --- | --- |

2.

| 3. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

3.

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

4.

---

(1)  OJ C 10, 10.1.2019, p. 1.

---

P8_TC1-COD(2018)0211

Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on establishing the EU Anti-Fraud Programme

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 33 and 325 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 Court of Auditors (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Article 325 of the Treaty on the Functioning of the European Union requires the Union and the Member States to counter fraud, corruption and any other illegal activities affecting the financial interests of the Union. The Union should support activities in these fields. |
| --- | --- |

(1)

Article 325 of the Treaty on the Functioning of the European Union requires the Union and the Member States to counter fraud, corruption and any other illegal activities affecting the financial interests of the Union. The Union should support activities in these fields.

| (2) | Past support for such activities through Decision No 804/2004/EC of the European Parliament and of the Council (3) (Hercule programme), amended and extended by Decision No 878/2007/EC of the European Parliament and of the Council (4) (Hercule II programme), repealed and replaced by Regulation
  (EU)
   No 250/2014 of the European Parliament and of the Council (5) (Hercule III programme), has made it possible to enhance the activities undertaken by the Union and the Member States in terms of countering fraud, corruption and any other illegal activities affecting the financial interests of the Union. |
| --- | --- |

(2)

Past support for such activities through Decision No 804/2004/EC of the European Parliament and of the Council (3) (Hercule programme), amended and extended by Decision No 878/2007/EC of the European Parliament and of the Council (4) (Hercule II programme), repealed and replaced by Regulation
  (EU)
   No 250/2014 of the European Parliament and of the Council (5) (Hercule III programme), has made it possible to enhance the activities undertaken by the Union and the Member States in terms of countering fraud, corruption and any other illegal activities affecting the financial interests of the Union.

| (3) | Supporting the reporting, by the Member States and candidate and potential candidate countries, of irregularities and fraud affecting the financial interests of the Union through the Irregularity Management System (IMS) is a requirement of sectorial legislation for the European Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development (6), the European Regional Development Fund, the European Social Fund, the Cohesion Fund, and the European Maritime and Fisheries Fund (7), Asylum, Migration and Integration Fund and the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (8), the Fund for European Aid to the Most Deprived (9) as well as the pre-accession assistance (10) regarding the programming period 2014-2020 and onwards. IMS is a secure electronic communications tool which facilitates the Member States’, as well as candidate and potential candidate countries’ obligation to report detected irregularities and which supports the management and analysis of irregularities. |
| --- | --- |

(3)

Supporting the reporting, by the Member States and candidate and potential candidate countries, of irregularities and fraud affecting the financial interests of the Union through the Irregularity Management System (IMS) is a requirement of sectorial legislation for the European Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development (6), the European Regional Development Fund, the European Social Fund, the Cohesion Fund, and the European Maritime and Fisheries Fund (7), Asylum, Migration and Integration Fund and the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (8), the Fund for European Aid to the Most Deprived (9) as well as the pre-accession assistance (10) regarding the programming period 2014-2020 and onwards. IMS is a secure electronic communications tool which facilitates the Member States’, as well as candidate and potential candidate countries’ obligation to report detected irregularities and which supports the management and analysis of irregularities.

| (3a) | It is necessary to compensate for the diversity of the legal and administrative systems in the Member States in order to overcome irregularities and combat fraud. The fluctuation in the number of irregularities can be linked to the progression of the multiannual programming cycles and late reporting. All of this requires the establishment of a uniform system for collecting data on irregularities and cases of fraud from the Member States in order to standardise the reporting process and ensure the quality and comparability of the data provided. [Am. 1] |
| --- | --- |

(3a)

It is necessary to compensate for the diversity of the legal and administrative systems in the Member States in order to overcome irregularities and combat fraud. The fluctuation in the number of irregularities can be linked to the progression of the multiannual programming cycles and late reporting. All of this requires the establishment of a uniform system for collecting data on irregularities and cases of fraud from the Member States in order to standardise the reporting process and ensure the quality and comparability of the data provided. [Am. 1]

| (3b) | The importance of the prevention activities of the Commission and the European Anti-Fraud Office (OLAF) is undisputable, as are the strengthening of implementation of the Early Detection and Exclusion System (EDES) and the Anti-Fraud Information System (AFIS) and the completion of the national anti-fraud strategies. In the context of those activities, it is necessary to draw up a framework for the digitalisation of all processes in the implementation of Union policies (including calls for proposals, application, evaluation, implementation and payments) to be applied by all Member States. [Am. 2] |
| --- | --- |

(3b)

The importance of the prevention activities of the Commission and the European Anti-Fraud Office (OLAF) is undisputable, as are the strengthening of implementation of the Early Detection and Exclusion System (EDES) and the Anti-Fraud Information System (AFIS) and the completion of the national anti-fraud strategies. In the context of those activities, it is necessary to draw up a framework for the digitalisation of all processes in the implementation of Union policies (including calls for proposals, application, evaluation, implementation and payments) to be applied by all Member States. [Am. 2]

| (4) | Council Regulation (EC) No 515/97 (11) and Council Decision 2009/917/JHA (12) provide that the Union is to support mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission, to ensure the correct application of the law on customs and agricultural matters. |
| --- | --- |

(4)

Council Regulation (EC) No 515/97 (11) and Council Decision 2009/917/JHA (12) provide that the Union is to support mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission, to ensure the correct application of the law on customs and agricultural matters.

| (5) | That support is provided to a number of operational activities. This includes the Anti-Fraud Information System (AFIS), an information technology platform which consists of a set of applications operated under a common information system managed by the Commission. IMS is also operated under the AFIS platform. Such a system requires stable and predictable financing over the years to ensure its sustainability. |
| --- | --- |

(5)

That support is provided to a number of operational activities. This includes the Anti-Fraud Information System (AFIS), an information technology platform which consists of a set of applications operated under a common information system managed by the Commission. IMS is also operated under the AFIS platform. Such a system requires stable and predictable financing over the years to ensure its sustainability.

| (6) | Union support in the fields of the protection of the financial interests of the Union, of irregularity reporting, and of mutual administrative assistance and cooperation in customs and agricultural matters should be streamlined under a single programme, the EU Anti-Fraud Programme (the ‘Programme’), with a view to increasing synergies and budgetary flexibility, and to simplifying management
  without prejudice to an effective control by the co-legislators of the programme implementation
  . [Am. 3] |
| --- | --- |

(6)

Union support in the fields of the protection of the financial interests of the Union, of irregularity reporting, and of mutual administrative assistance and cooperation in customs and agricultural matters should be streamlined under a single programme, the EU Anti-Fraud Programme (the ‘Programme’), with a view to increasing synergies and budgetary flexibility, and to simplifying management
  without prejudice to an effective control by the co-legislators of the programme implementation
  . [Am. 3]

| (7) | The Programme therefore combines a component along the lines of the Hercule programme, another component ensuring the financing of IMS, and a third one that finances the activities tasked to the Commission under Regulation (EC) No 515/97, including the AFIS platform. |
| --- | --- |

(7)

The Programme therefore combines a component along the lines of the Hercule programme, another component ensuring the financing of IMS, and a third one that finances the activities tasked to the Commission under Regulation (EC) No 515/97, including the AFIS platform.

| (7a) | The protection of the Union’s financial interests should target all aspects of the Union budget, both on the revenue side and on the expenditure side. In this context, due consideration should be given to the fact that the Programme is the only one specifically to protect the expenditure side of the Union budget. [Am. 4] |
| --- | --- |

(7a)

The protection of the Union’s financial interests should target all aspects of the Union budget, both on the revenue side and on the expenditure side. In this context, due consideration should be given to the fact that the Programme is the only one specifically to protect the expenditure side of the Union budget. [Am. 4]

| (8) | The AFIS platform includes several information systems, including the Customs Information System (CIS). The CIS is an automated information system which aims at assisting Member States in preventing, investigating and prosecuting operations which are in breach of customs or agricultural legislation, by increasing, through more rapid dissemination of information, the effectiveness of the cooperation and control procedures of their customs administrations. The CIS covers both administrative and police cooperation cases under a single infrastructure. For administrative cooperation purposes, the CIS is established by Regulation (EC) No 515/97, adopted on the basis of Articles 33 and 325 of the Treaty on the Functioning of the European Union.
  For police cooperation purposes, the CIS is established by Decision 2009/917/JHA, adopted on the basis of Articles 30(1)(a) and 34(2)(c) of the Treaty on the European Union. The police cooperation dimension of the CIS can technically not be dissociated from the administrative one as both aspects are operated under one single information technology system. Considering that the CIS itself is only one of several information systems run under AFIS and that the number of police cooperation cases is lower than the number of administrative cooperation cases in the CIS, the police cooperation dimension of AFIS is deemed accessory to its administrative one. |
| --- | --- |

(8)

The AFIS platform includes several information systems, including the Customs Information System (CIS). The CIS is an automated information system which aims at assisting Member States in preventing, investigating and prosecuting operations which are in breach of customs or agricultural legislation, by increasing, through more rapid dissemination of information, the effectiveness of the cooperation and control procedures of their customs administrations. The CIS covers both administrative and police cooperation cases under a single infrastructure. For administrative cooperation purposes, the CIS is established by Regulation (EC) No 515/97, adopted on the basis of Articles 33 and 325 of the Treaty on the Functioning of the European Union.

For police cooperation purposes, the CIS is established by Decision 2009/917/JHA, adopted on the basis of Articles 30(1)(a) and 34(2)(c) of the Treaty on the European Union. The police cooperation dimension of the CIS can technically not be dissociated from the administrative one as both aspects are operated under one single information technology system. Considering that the CIS itself is only one of several information systems run under AFIS and that the number of police cooperation cases is lower than the number of administrative cooperation cases in the CIS, the police cooperation dimension of AFIS is deemed accessory to its administrative one.

| (9) | This Regulation lays down a financial envelope for the entire duration of the Programme, which is to constitute the prime reference amount, within the meaning of [reference to be updated as appropriate according to the new inter-institutional agreement: point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (13)], for the European Parliament and the Council during the annual budgetary procedure. |
| --- | --- |

(9)

This Regulation lays down a financial envelope for the entire duration of the Programme, which is to constitute the prime reference amount, within the meaning of [reference to be updated as appropriate according to the new inter-institutional agreement: point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (13)], for the European Parliament and the Council during the annual budgetary procedure.

| (10) | Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors.
  Contracts financed in whole or in part by the Union budget under the Programme are thus subject, inter alia, to the principles of transparency, proportionality, equal treatment and non-discrimination, while grants are in addition subject to the principles of co-financing, non-cumulative award and no double financing, non-retroactivity and no-profit.
  Rules adopted on the basis of Article 322 of the Treaty on the Functioning of the European Union also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. [Am. 5] |
| --- | --- |

(10)

Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors.
  Contracts financed in whole or in part by the Union budget under the Programme are thus subject, inter alia, to the principles of transparency, proportionality, equal treatment and non-discrimination, while grants are in addition subject to the principles of co-financing, non-cumulative award and no double financing, non-retroactivity and no-profit.
  Rules adopted on the basis of Article 322 of the Treaty on the Functioning of the European Union also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. [Am. 5]

| (11) | The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. |
| --- | --- |

(11)

The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.

| (11a) | The maximum rates for co-financing for grants under the Programme should not exceed 80 % of the eligible costs. In exceptional and duly justified cases, defined in the work programme, such as cases concerning Member States exposed to a high risk in relation to the financial interests of the Union, the maximum co-financing rate should be set at 90 % of eligible costs. [Am. 6] |
| --- | --- |

(11a)

The maximum rates for co-financing for grants under the Programme should not exceed 80 % of the eligible costs. In exceptional and duly justified cases, defined in the work programme, such as cases concerning Member States exposed to a high risk in relation to the financial interests of the Union, the maximum co-financing rate should be set at 90 % of eligible costs. [Am. 6]

| (12) | In order to ensure continuity, under the Programme, in the financing of all the activities tasked to the Commission under Regulation (EC) No 515/97, including the AFIS platform, Annex I provides an indicative list of the activities to be financed. |
| --- | --- |

(12)

In order to ensure continuity, under the Programme, in the financing of all the activities tasked to the Commission under Regulation (EC) No 515/97, including the AFIS platform, Annex I provides an indicative list of the activities to be financed.

| (12a) | The Commission should adopt the work programmes in accordance with article 110 of the Financial Regulation. The work programmes should contain a description of the actions to be financed, an indication of the amount allocated to each action, an indicative implementation timetable and the maximum rate of co-financing for grants. When preparing the work programme, the Commission should take into account the European Parliament’s priorities as expressed within the framework of its annual evaluation of the protection of the financial interests of the Union. The work programme should be published on the Commission’s website and transmitted to the European Parliament. [Am. 7] |
| --- | --- |

(12a)

The Commission should adopt the work programmes in accordance with article 110 of the Financial Regulation. The work programmes should contain a description of the actions to be financed, an indication of the amount allocated to each action, an indicative implementation timetable and the maximum rate of co-financing for grants. When preparing the work programme, the Commission should take into account the European Parliament’s priorities as expressed within the framework of its annual evaluation of the protection of the financial interests of the Union. The work programme should be published on the Commission’s website and transmitted to the European Parliament. [Am. 7]

| (12b) | Actions should be eligible on the basis of their ability to achieve the specific objectives of the Programme provided for in Article 2. These may include the provision of special technical assistance for the competent authorities of Member States, such as providing specific knowledge, specialised and technically advanced equipment and effective information technology (IT) tools; ensuring the necessary support and facilitating investigations, in particular the setting up of joint investigation teams and cross-border operations; or enhancing staff exchanges for specific projects. Moreover, eligible actions may also include the organisation of targeted specialised training, risk analysis workshops as well as, where appropriate, conferences and studies. [Am. 8] |
| --- | --- |

(12b)

Actions should be eligible on the basis of their ability to achieve the specific objectives of the Programme provided for in Article 2. These may include the provision of special technical assistance for the competent authorities of Member States, such as providing specific knowledge, specialised and technically advanced equipment and effective information technology (IT) tools; ensuring the necessary support and facilitating investigations, in particular the setting up of joint investigation teams and cross-border operations; or enhancing staff exchanges for specific projects. Moreover, eligible actions may also include the organisation of targeted specialised training, risk analysis workshops as well as, where appropriate, conferences and studies. [Am. 8]

| (13) | The purchase of equipment through the Union instrument for financial support for customs control equipment (14) may have a positive impact on the fight against fraud affecting the financial interests of the EU. There is a joint responsibility on the Union instrument for financial support for customs control equipment and the Programme to avoid any duplication in the Union support. The Programme should essentially target its support to the acquisition of types of equipment which do not fall under the scope of the Union instrument for financial support for customs control equipment, or equipment for which the beneficiaries are authorities other than the authorities targeted by the Union instrument for financial support for customs control equipment.
  Moreover, there should be a clear link between the impact of the funded equipment and the protection of the financial interest of the Union.
  Avoiding overlaps
  as well as establishing synergies between the Programme and other relevant programmes in areas such as justice, customs, and home affairs
  should be notably ensured in the context of the preparation of the annual work programmes. [Am. 9] |
| --- | --- |

(13)

The purchase of equipment through the Union instrument for financial support for customs control equipment (14) may have a positive impact on the fight against fraud affecting the financial interests of the EU. There is a joint responsibility on the Union instrument for financial support for customs control equipment and the Programme to avoid any duplication in the Union support. The Programme should essentially target its support to the acquisition of types of equipment which do not fall under the scope of the Union instrument for financial support for customs control equipment, or equipment for which the beneficiaries are authorities other than the authorities targeted by the Union instrument for financial support for customs control equipment.
  Moreover, there should be a clear link between the impact of the funded equipment and the protection of the financial interest of the Union.
  Avoiding overlaps
  as well as establishing synergies between the Programme and other relevant programmes in areas such as justice, customs, and home affairs
  should be notably ensured in the context of the preparation of the annual work programmes. [Am. 9]

| (13a) | The Programme supports cooperation between administrative and law enforcement authorities of the Member States and between the latter and the Commission, including OLAF, as well as other relevant Union bodies and agencies, such as the Agency for Criminal Justice Cooperation (Eurojust), the European Union Agency for Law Enforcement Cooperation (Europol), with a view to ensuring a more effective protection of the financial interests of the Union. It will also support cooperation with the European Public Prosecutor’s Office (EPPO) in this regard, once that office assumes its tasks. [Am. 10] |
| --- | --- |

(13a)

The Programme supports cooperation between administrative and law enforcement authorities of the Member States and between the latter and the Commission, including OLAF, as well as other relevant Union bodies and agencies, such as the Agency for Criminal Justice Cooperation (Eurojust), the European Union Agency for Law Enforcement Cooperation (Europol), with a view to ensuring a more effective protection of the financial interests of the Union. It will also support cooperation with the European Public Prosecutor’s Office (EPPO) in this regard, once that office assumes its tasks. [Am. 10]

| (14) | The Programme should be open to participation by countries of the European Free Trade Association (EFTA) which are members in the European Economic Area (EEA). It should also be open to participation by acceding countries, candidate countries and potential candidates

  candidate countries
  , as well as countries covered by the European Neighbourhood Policy, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions, or similar agreements. The Programme should also be open to other third countries provided that they
  have an association agreement or
  enter into a specific agreement covering their participation to Union programmes. [Am. 11] |
| --- | --- |

(14)

The Programme should be open to participation by countries of the European Free Trade Association (EFTA) which are members in the European Economic Area (EEA). It should also be open to participation by acceding countries, candidate countries and potential candidates

  candidate countries
  , as well as countries covered by the European Neighbourhood Policy, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions, or similar agreements. The Programme should also be open to other third countries provided that they
  have an association agreement or
  enter into a specific agreement covering their participation to Union programmes. [Am. 11]

| (15) | Taking into account past evaluations of the Hercule programmes and in order to strengthen the Programme, the participation of legal entities established in a third country which is not associated to the Programme should be exceptionally possible without a need for those entities to bear the cost of their participation. |
| --- | --- |

(15)

Taking into account past evaluations of the Hercule programmes and in order to strengthen the Programme, the participation of legal entities established in a third country which is not associated to the Programme should be exceptionally possible without a need for those entities to bear the cost of their participation.

| (15a) | In particular, the participation of entities established in countries which have an association agreement in force with the Union should be encouraged, with a view to strengthening the protection of the financial interests of the Union through cooperation relating to customs and exchange of best practices, particularly as regards ways of combating fraud, corruption and other illegal activities affecting the financial interests of the Union and as regards facing challenges relating to new technological developments. [Am. 12] |
| --- | --- |

(15a)

In particular, the participation of entities established in countries which have an association agreement in force with the Union should be encouraged, with a view to strengthening the protection of the financial interests of the Union through cooperation relating to customs and exchange of best practices, particularly as regards ways of combating fraud, corruption and other illegal activities affecting the financial interests of the Union and as regards facing challenges relating to new technological developments. [Am. 12]

| (16) | The Programme should be implemented taking into account the recommendations and measures listed in the Commission communication of 6 June 2013 entitled ‘Stepping up the fight against cigarette smuggling and other forms of illicit trade in tobacco products — A comprehensive EU Strategy’ (15), as well as the progress report on the implementation of this communication of 12 May 2017 (16). |
| --- | --- |

(16)

The Programme should be implemented taking into account the recommendations and measures listed in the Commission communication of 6 June 2013 entitled ‘Stepping up the fight against cigarette smuggling and other forms of illicit trade in tobacco products — A comprehensive EU Strategy’ (15), as well as the progress report on the implementation of this communication of 12 May 2017 (16).

| (17) | The Union ratified the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation Framework Convention on Tobacco Control (the Protocol) in 2016. The Protocol should serve to protect the Union's financial interests insofar as it concerns the fight against cross-border illicit tobacco trade, which causes revenue losses. The Programme should support the Secretariat of the World Health Organisation Framework Convention on Tobacco Control in its functions related to the Protocol. It should also support other activities organised by the Secretariat in connection with the fight against illicit tobacco trade. |
| --- | --- |

(17)

The Union ratified the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation Framework Convention on Tobacco Control (the Protocol) in 2016. The Protocol should serve to protect the Union's financial interests insofar as it concerns the fight against cross-border illicit tobacco trade, which causes revenue losses. The Programme should support the Secretariat of the World Health Organisation Framework Convention on Tobacco Control in its functions related to the Protocol. It should also support other activities organised by the Secretariat in connection with the fight against illicit tobacco trade.

| (18) | In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (17), Council Regulation (
  EC,
  Euratom, EC) No 2988/95 (18), Council Regulation (Euratom, EC) No 2185/96 (19) and Council Regulation (EU) 2017/1939 (20), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities, including fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions.
  In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (21). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. |
| --- | --- |

(18)

In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (17), Council Regulation (
  EC,
  Euratom, EC) No 2988/95 (18), Council Regulation (Euratom, EC) No 2185/96 (19) and Council Regulation (EU) 2017/1939 (20), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities, including fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions.

In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (21). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights.

| (19) | Third countries which are members of the EEA may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorising officer responsible, OLAF as well as the European Court of Auditors to comprehensively exert their respective competences. |
| --- | --- |

(19)

Third countries which are members of the EEA may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorising officer responsible, OLAF as well as the European Court of Auditors to comprehensively exert their respective competences.

| (20) | |
| --- | --- |

(20)

| (21) | Pursuant to [reference to be updated as appropriate according to a new decision on OCTs: Article 94 of Council Decision 2013/755/EU (22)], persons and entities established in overseas countries and territories are eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked. |
| --- | --- |

(21)

Pursuant to [reference to be updated as appropriate according to a new decision on OCTs: Article 94 of Council Decision 2013/755/EU (22)], persons and entities established in overseas countries and territories are eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked.

| (22) | Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016 (23), there is a need to evaluate this Programme on the basis of information collected through specific

  reporting, namely on performance,
  monitoring
  and evaluation
  requirements, while avoiding overregulation and administrative burdens, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Programme on the ground.
  An independent evaluator should carry out the evaluation. [Am. 13] |
| --- | --- |

(22)

Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016 (23), there is a need to evaluate this Programme on the basis of information collected through specific

  reporting, namely on performance,
  monitoring
  and evaluation
  requirements, while avoiding overregulation and administrative burdens, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Programme on the ground.
  An independent evaluator should carry out the evaluation. [Am. 13]

| (23) | In order to supplement this Regulation,
  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 develop the provisions for a monitoring and evaluations framework

  adopt the work programmes. In addition, in order to amend this Regulation, the power to adopt acts in accordance with Article 290
  of the Programme

  Treaty on the Functioning of the European Union should be delegated to the Commission as regards the indicators set out in Annex II to this Regulation
  . It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 14] |
| --- | --- |

(23)

In order to supplement this Regulation,
  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 develop the provisions for a monitoring and evaluations framework

  adopt the work programmes. In addition, in order to amend this Regulation, the power to adopt acts in accordance with Article 290
  of the Programme

  Treaty on the Functioning of the European Union should be delegated to the Commission as regards the indicators set out in Annex II to this Regulation
  . It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 14]

| (24) | Article 42a(1) and (2) of Regulation (EC) No 515/97 provide for the legal basis for financing AFIS. This Regulation should replace that legal basis and provide for a new one. Article 42a(1) and (2) of Regulation (EC) No 515/97 should therefore be deleted. |
| --- | --- |

(24)

Article 42a(1) and (2) of Regulation (EC) No 515/97 provide for the legal basis for financing AFIS. This Regulation should replace that legal basis and provide for a new one. Article 42a(1) and (2) of Regulation (EC) No 515/97 should therefore be deleted.

| (25) | Regulation (EU) No 250/2014 establishing the Hercule III programme covered the period from 1 January 2014 to 31 December 2020. This Regulation provides for a follow-up to the Hercule III programme, starting from 1 January 2021. Regulation (EU) No 250/2014 should therefore be repealed, |
| --- | --- |

(25)

Regulation (EU) No 250/2014 establishing the Hercule III programme covered the period from 1 January 2014 to 31 December 2020. This Regulation provides for a follow-up to the Hercule III programme, starting from 1 January 2021. Regulation (EU) No 250/2014 should therefore be repealed,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation establishes the EU Anti-Fraud Programme (the ‘Programme’).

It lays down the objectives of the Programme, the budget for the period 2021-2027, the forms of Union funding and the rules for providing such funding.

Article 2

Programme objectives

1.   The Programme has the following general objectives:

| (a) | the protection of the financial interests of the Union;. |
| --- | --- |

(a)

the protection of the financial interests of the Union;.

| (b) | support to mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters. |
| --- | --- |

(b)

support to mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters.

2.   The Programme has the following specific objectives:

| (a) | preventing and combatting fraud, corruption and any other illegal activities affecting the financial interests of the European Union;. |
| --- | --- |

(a)

preventing and combatting fraud, corruption and any other illegal activities affecting the financial interests of the European Union;.

| (b) | supporting the reporting of irregularities, including fraud, with regard to the shared management and pre-accession assistance funds of the Union budget;. |
| --- | --- |

(b)

supporting the reporting of irregularities, including fraud, with regard to the shared management and pre-accession assistance funds of the Union budget;.

| (c) | providing tools for information exchange and support for operational activities in the field of mutual administrative assistance in customs and agricultural matters. |
| --- | --- |

(c)

providing tools for information exchange and support for operational activities in the field of mutual administrative assistance in customs and agricultural matters.

Article 3

Budget

1.   The financial envelope for the implementation of the Programme for the period 2021 — 2027 shall be EUR 181.207 million

  321 314 000 in 2018 prices (EUR 362 414 000
  in current prices). [Am. 15]

2.   The indicative distribution of the amount referred to in paragraph 1 shall be:

| (a) | EUR 114.207 million

  202 512 000 in 2018 prices (EUR 228 414 000 in current prices)
  for the objective referred to in Article 2(2)(a); [Am. 16] |
| --- | --- |

(a)

EUR 114.207 million

  202 512 000 in 2018 prices (EUR 228 414 000 in current prices)
  for the objective referred to in Article 2(2)(a); [Am. 16]

| (b) | EUR 7

  12 412 000 in 2018 prices (EUR 14
   million
  in current prices)
  for the objective referred to in Article 2(2)(b); [Am. 17] |
| --- | --- |

(b)

EUR 7

  12 412 000 in 2018 prices (EUR 14
   million
  in current prices)
  for the objective referred to in Article 2(2)(b); [Am. 17]

| (c) | EUR 60

  106 390 000 in 2018 prices (EUR 120
   million
  in current prices)
  for the objective referred to in Article 2(2)(c). [Am. 18] |
| --- | --- |

(c)

EUR 60

  106 390 000 in 2018 prices (EUR 120
   million
  in current prices)
  for the objective referred to in Article 2(2)(c). [Am. 18]

2a.
     
  The Commission shall be empowered to reallocate funds between the objectives set out in Article 2(2). If a reallocation involves the change by 10 % or more of one of the amounts set out in paragraph 2 of this Article, the reallocation shall be done by way of a delegated act adopted in accordance with Article 14. [Am. 19]

3.   The amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities, including corporate information technology systems.
  Moreover, the indicative allocation in point (a) of paragraph 2 takes due account of the fact that the Programme is the only one of its kind addressing the expenditure side of the protection of the financial interests of the Union. [Am. 20]

Article 4

Third countries associated to the Programme

The Programme shall be open to the following third countries:

| (a) | European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA), in accordance with the conditions laid down in the EEA agreement; |
| --- | --- |

(a)

European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA), in accordance with the conditions laid down in the EEA agreement;

| (b) | acceding countries, candidate countries and potential candidates, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and association council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries; |
| --- | --- |

(b)

acceding countries, candidate countries and potential candidates, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and association council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries;

| (c) | countries covered by the European Neighbourhood Policy, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries; |
| --- | --- |

(c)

countries covered by the European Neighbourhood Policy, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries;

| (d) | other third countries, in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any Union programme, provided that the agreement;







  (a) | ensures a fair balance as regards the contributions and benefits of the third country participating in the Union programmes;
  [Am. 21] |
| --- | --- | --- |

(d)

other third countries, in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any Union programme, provided that the agreement;

(a)

ensures a fair balance as regards the contributions and benefits of the third country participating in the Union programmes;
  [Am. 21]

| (b) | lays down the conditions of participation in the programmes, including the calculation of financial contributions to individual programmes and their administrative costs. These contributions shall constitute assigned revenues in accordance with Article [21(5)] of the Financial Regulation; |
| --- | --- |

(b)

lays down the conditions of participation in the programmes, including the calculation of financial contributions to individual programmes and their administrative costs. These contributions shall constitute assigned revenues in accordance with Article [21(5)] of the Financial Regulation;

| (c) | does not confer to the third country a decisional power on the programmes; |
| --- | --- |

(c)

does not confer to the third country a decisional power on the programmes;

| (d) | guarantees the rights of the Union to ensure sound financial management and to protect its financial interests. |
| --- | --- |

(d)

guarantees the rights of the Union to ensure sound financial management and to protect its financial interests.

Article 5

Implementation and forms of Union funding

1.   The Programme shall be implemented in direct management in accordance with the Financial Regulation or in indirect management with bodies referred to in Article 62(1)(c) of the Financial Regulation.

2.   The Programme may provide funding in any of the forms laid down in the Financial Regulation, in particular grants
  in accordance with Title VIII
  and procurement
  in accordance with Title VII
  , as well as the reimbursement of travel and subsistence expenses as provided for by Article 238 of the Financial Regulation. [Am. 22]

3.   The Programme may provide funding for actions carried out in accordance with Regulation (EC) No 515/97, in particular to cover the types of costs referred to in the indicative list in Annex I.

4.   When the action supported involves the acquisition of equipment, the Commission shall, where appropriate, set up a coordination mechanism ensuring efficiency and interoperability between all the equipment purchased with the support of Union Programmes.

Article 6

Protection of the financial interests of the Union

Where a third country participates in the Programme by a decision under an international agreement or by virtue of any other legal instrument, the third country shall grant the necessary rights and access required for the authorising officer responsible, the European Anti-Fraud Office, and the European Court of Auditors to comprehensively exert their respective competences. In the case of the European Anti-Fraud Office, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, provided for in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council concerning investigations conducted by the European Anti-Fraud Office.

CHAPTER II

CHAPTER II

GRANTS [Am. 23]

GRANTS

Article 7

Grants

  The co-financing rate for grants awarded
  under the Programme shall be awarded and managed in accordance with Title VIII

  not exceed 80 %
  of the Financial Regulation

  eligible costs
  .
  In exceptional and duly justified cases, defined in the work programmes referred to in Article 10, the co-financing rate shall not exceed 90 % of the eligible costs. [Am. 24]

Article 8

Eligible actions

Only

  The following
  actions implementing the objectives referred to in Article 2 shall be eligible for funding.:

| (a) | providing technical knowledge, specialised and technically advanced equipment and effective IT tools enhancing transnational and multidisciplinary cooperation and cooperation with the Commission; |
| --- | --- |

(a)

providing technical knowledge, specialised and technically advanced equipment and effective IT tools enhancing transnational and multidisciplinary cooperation and cooperation with the Commission;

| (b) | enhancing staff exchanges for specific projects, ensuring the necessary support and facilitating investigations, in particular the setting up of joint investigation teams and cross border operations; |
| --- | --- |

(b)

enhancing staff exchanges for specific projects, ensuring the necessary support and facilitating investigations, in particular the setting up of joint investigation teams and cross border operations;

| (c) | providing technical and operational support to national investigations, in particular to customs and law enforcement authorities to strengthen the fight against fraud and other illegal activities; |
| --- | --- |

(c)

providing technical and operational support to national investigations, in particular to customs and law enforcement authorities to strengthen the fight against fraud and other illegal activities;

| (d) | building IT capacity throughout the Member States and third countries, increasing data exchange, and developing and providing IT tools for investigation and monitoring of intelligence work; |
| --- | --- |

(d)

building IT capacity throughout the Member States and third countries, increasing data exchange, and developing and providing IT tools for investigation and monitoring of intelligence work;

| (e) | organising specialised training, risk analysis workshops, conferences and studies aimed at improving cooperation and coordination among services concerned with the protection of the financial interests of the Union; |
| --- | --- |

(e)

organising specialised training, risk analysis workshops, conferences and studies aimed at improving cooperation and coordination among services concerned with the protection of the financial interests of the Union;

| (f) | financing a set of IT applications related to customs and operated under a common information system managed by the Commission, built to perform tasks entrusted to the Commission by Regulation (EC) No 515/97; |
| --- | --- |

(f)

financing a set of IT applications related to customs and operated under a common information system managed by the Commission, built to perform tasks entrusted to the Commission by Regulation (EC) No 515/97;

| (g) | financing a secure electronic communications tool to facilitate the Member States’ obligation to report detected irregularities, including fraud, and which supports the management and analyses of those; |
| --- | --- |

(g)

financing a secure electronic communications tool to facilitate the Member States’ obligation to report detected irregularities, including fraud, and which supports the management and analyses of those;

| (h) | any other action, provided by the work programmes under Article 10, which is necessary for attaining the general and specific objectives provided for in Article 2. [Am. 25] |
| --- | --- |

(h)

any other action, provided by the work programmes under Article 10, which is necessary for attaining the general and specific objectives provided for in Article 2. [Am. 25]

When the action supported involves the acquisition of equipment, the Commission shall ensure that the funded equipment contributes to the protection of the financial interest of the Union. [Am. 26]

Article 9

Eligible entities

1.   The eligibility criteria set out in paragraph 2 shall apply in addition to the criteria set out in Article 197 of the Financial Regulation.

2.   The following entities are eligible:

| (a) | public authorities which may contribute to achieving one of the objectives referred to in Article 2 and are established in any of the following countries: |
| --- | --- |

(a)

public authorities which may contribute to achieving one of the objectives referred to in Article 2 and are established in any of the following countries:

| (a) | a Member State or an overseas country or territory linked to it; |
| --- | --- |

(a)

a Member State or an overseas country or territory linked to it;

| (b) | a third country associated to the Programme; |
| --- | --- |

(b)

a third country associated to the Programme;

| (c) | a third country listed in the work programme under the conditions specified in paragraph 3;. |
| --- | --- |

(c)

a third country listed in the work programme under the conditions specified in paragraph 3;.

| (b) | research and educational institutes and non-profit-making entities which may contribute to the achievement of the objectives referred to in Article 2, provided that they have been established and have been operating for at least one year in a Member State, or a third country associated to the Programme, or a third country listed in a work programme under the conditions specified in paragraph 3;. |
| --- | --- |

(b)

research and educational institutes and non-profit-making entities which may contribute to the achievement of the objectives referred to in Article 2, provided that they have been established and have been operating for at least one year in a Member State, or a third country associated to the Programme, or a third country listed in a work programme under the conditions specified in paragraph 3;.

| (c) | any legal entity created under Union law or any international organisation
  , as defined in Article 156 of the Financial Regulation
  . [Am. 27] |
| --- | --- |

(c)

any legal entity created under Union law or any international organisation
  , as defined in Article 156 of the Financial Regulation
  . [Am. 27]

3.   Entities referred to in paragraph 2 established in a third country which is not associated to the Programme are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action.

4.   Entities referred to in paragraph 2 established in a third country which is not associated to the programme should in principle bear the cost of their participation.

CHAPTER III

CHAPTER III

PROGRAMMING, MONITORING, AND EVALUATION

PROGRAMMING, MONITORING, AND EVALUATION

Article 10

Work programme

The Programme shall be implemented by work programmes referred to in Article 110 of the Financial Regulation.

The work programmes shall be adopted by the Commission by means of delegated acts in accordance with Article 14. [Am. 28]

The Commission shall explore synergies between the Programme and other relevant programmes in areas such as justice, customs and home affairs, and make sure that overlaps are avoided in the context of the preparation of the work programmes. [Am. 29]

The work programmes shall be published on the Commission's website and transmitted to the European Parliament, which shall assess their content and outcomes within the framework of the annual evaluation of the protection of the financial interests of the Union. [Am. 30]

Article 11

Monitoring and reporting

1.   Indicators to report on progress of the Programme towards the achievement of the general and specific objectives set out in Article 2 are set in Annex II.

2.   To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission is empowered to adopt delegated acts, in accordance with Article 14, to amend Annex II to review or complement the indicators where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework. [Am. 31]

2a.
     
  The Commission shall submit an annual report on the performance of the programme to the European Parliament and to the Council. [Am. 32]

3.   The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and, where relevant, on the Member States.

Article 12

Evaluation

1.   Evaluations shall be carried out in a timely manner
  by an independent evaluator
  to feed into the decision-making process. [Am. 33]

2.   The interim evaluation of the Programme shall be performed once there is sufficient information available about the implementation of the Programme, but no later than four years after the start of the programme implementation.

3.   At the end of the implementation of the Programme, but no later than four

  three
  years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission. [Am. 34]

4.   The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions, and the European Court of Auditors
  , and publish them on the Commission's website
  . [Am. 35]

Article 13

Delegation of power

The Commission is empowered to adopt delegated acts in accordance with article 14 to develop the provisions for a monitoring and evaluations framework

  adopt the work programmes
  as provided for in Article 11

  10 and to amend the indicators set out in Annex II to this Regulation
  . [Am. 44]

Article 14

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 13 shall be conferred on the Commission until 31 December 2028.

3.   The delegation of power referred to in Article 13 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 power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

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

5a.
     
  A delegated act adopted pursuant to Articles 10 and 13 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 of the Council. [Am. 36]

CHAPTER IV

CHAPTER IV

TRANSITIONAL AND FINAL PROVISIONS

TRANSITIONAL AND FINAL PROVISIONS

Article 15

Information, communication and publicity

1.   The recipients of Union funding shall acknowledge the origin and ensure the

  maximum
  visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. Acknowledging the origin, and ensuring visibility, of the Union funding shall not be required where there is a risk of compromising the effective performance of anti-fraud and customs operational activities. [Am. 37]

2.   The Commission shall
  regularly
  implement information and communication actions relating to the Programme, and its actions and results. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 2. [Am. 38]

Article 16

Amendment of Regulation (EC) No 515/97

In Article 42a of Regulation (EC) No 515/97, paragraphs 1 and 2 are deleted.

Article 17

Repeal

Regulation
  (EU) No
  250/2014 is repealed with effect from 1 January 2021.

Article 18

Transitional provisions

1.   This Regulation shall not affect the continuation or modification of the actions concerned, until their closure, under Regulation
  (EU) No
  250/2014 and under article 42a of Regulation (EC) No 515/97, which shall continue to apply to the actions concerned until their closure.

2.   The financial envelope for the Programme may also cover technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted under Regulation
  (EU) No
  250/2014 and under article 42a of Regulation (EC) No 515/97.

Article 19

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.

It shall apply from 1 January 2021.

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

Done at Brussels ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 10, 10.1.2019, p. 1.

1

(2)  Position of the European Parliament of 12 February 2019.

2

(3)  Decision No 804/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote activities in the field of the protection of the Community’s financial interests (Hercule programme) (OJ L 143, 30.4.2004, p. 9).

3

(4)  Decision No 878/2007/EC of the European Parliament and of the Council of 23 July 2007 amending and extending Decision No 804/2004/EC establishing a Community action programme to promote activities in the field of the protection of the Community’s financial interests (Hercule II programme) (OJ L 193, 25.7.2007, p. 18).

4

(5)  Regulation (EU) No 250/2014 of the European Parliament and of the Council of 26 February 2014 establishing a programme to promote activities in the field of the protection of the financial interests of the European Union (Hercule III programme) and repealing Decision No 804/2004/EC (OJ L 84, 20.3.2014, p. 6).

5

(6)  Commission Delegated Regulation (EU) 2015/1971 of 8 July 2015 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with specific provisions on the reporting of irregularities concerning the European Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development and repealing Commission Regulation (EC) No 1848/2006 and Commission Implementing Regulation (EU) 2015/1975 of 8 July 2015 setting out the frequency and the format of the reporting of irregularities concerning the European Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development, under Regulation (EU) No 1306/2013 of the European Parliament and of the Council (OJ L 293, 10.11.2015, p. 6).

6

(7)  Commission Delegated Regulation (EU) 2015/1970 of 8 July 2015 supplementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council with specific provisions on the reporting of irregularities concerning the European Regional Development Fund, the European Social Fund, the Cohesion Fund, and the European Maritime and Fisheries Fund and Commission Implementing Regulation (EU) 2015/1974 of 8 July 2015 setting out the frequency and the format of the reporting of irregularities concerning the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund, under Regulation (EU) No 1303/2013 of the European Parliament and of the Council (OJ L 293, 10.11.2015, p. 1).

7

(8)  Commission Delegated Regulation (EU) 2015/1973 supplementing Regulation (EU) No 514/2014 of the European Parliament and of the Council with specific provisions on the reporting of irregularities concerning the Asylum, Migration and Integration Fund and the instrument for financial support for police cooperation, preventing and combating crime, and crisis management; and Commission Implementing Regulation (EU) 2015/1977 setting out the frequency and the format of the reporting of irregularities concerning the Asylum, Migration and Integration Fund and the instrument for financial support for police cooperation, preventing and combating crime, and crisis management, under Regulation (EU) No 514/2014 of the European Parliament and of the Council (OJ L 293, 10.11.2015, p. 15).

8

(9)  Commission Delegated Regulation (EU) 2015/1972 of 8 July 2015 supplementing Regulation (EU) No 223/2014 of the European Parliament and of the Council with specific provisions on the reporting of irregularities concerning the Fund for European Aid to the Most Deprived and Commission Implementing Regulation (EU) 2015/1976 of 8 July 2015 setting out the frequency and the format of the reporting of irregularities concerning the Fund for European Aid to the Most Deprived, under Regulation (EU) No 223/2014 of the European Parliament and of the Council (OJ L 293, 10.11.2015, p. 11).

9

(10)  Article 16 of Commission Implementing Regulation (EU) No 447/2014 on the specific rules for implementing Regulation (EU) No 231/2014 of the European Parliament and of the Council establishing an Instrument for Pre-accession assistance (IPA II) (OJ L 132, 3.5.2014, p. 32).

10

(11)  Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters, as lastly amended by Regulation 2015/1525 (OJ L 82, 22.3.1997, p. 1).

11

(12)  Council Decision 2009/917/JHA on the use of information technology for customs purposes (OJ L 323/20, 10.12.2009, p. 20).

12

(13)  Reference to be updated:
  OJ C 373, 20.12.2013, p. 1. The agreement is available at:
  http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.C_.2013.373.01.0001.01.ENG&toc=OJ:C:2013:373:TOC.

13

Reference to be updated:

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.C_.2013.373.01.0001.01.ENG&toc=OJ:C:2013:373:TOC.

(14)  [ref]

14

(15)  COM(2013)0324

15

(16)  COM(2017)0235

16

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

17

(18)  OJ L 312, 23.12.1995, p. 1.

18

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

19

(20)  Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

20

(21)  Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

21

(22)  Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (Overseas Association Decision) (OJ L 344, 19.12.2013, p. 1).

22

(23)  Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (OJ L 123, 12.5.2016, p. 1).

23

ANNEX I

Indicative list of the types of costs that the Programme will fund for actions carried out in accordance with Regulation (EC) No 515/97:

| (a) | all costs of installing and maintaining the permanent technical infrastructure making available to the Member States the logistical, office automation and IT resources to coordinate joint customs operations and other operational activities; |
| --- | --- |

(a)

all costs of installing and maintaining the permanent technical infrastructure making available to the Member States the logistical, office automation and IT resources to coordinate joint customs operations and other operational activities;

| (b) | the reimbursement of travel and subsistence expenses, as well as any other indemnities where appropriate, of representatives of the Member States and, where appropriate, representatives of third countries, taking part in the Community missions, joint customs operations organised by or jointly with the Commission and training courses, ad hoc meetings and preparatory and evaluation meetings for administrative investigations or operational actions conducted by the Member States, where they are organised by or jointly with the Commission; |
| --- | --- |

(b)

the reimbursement of travel and subsistence expenses, as well as any other indemnities where appropriate, of representatives of the Member States and, where appropriate, representatives of third countries, taking part in the Community missions, joint customs operations organised by or jointly with the Commission and training courses, ad hoc meetings and preparatory and evaluation meetings for administrative investigations or operational actions conducted by the Member States, where they are organised by or jointly with the Commission;

| (c) | expenditure relating to the acquisition, study, development and maintenance of computer infrastructure (hardware), software and dedicated network connections, and to related production, support and training services for the purpose of carrying out the actions provided for in Regulation (EC) No 515/97, in particular preventing and combating fraud; |
| --- | --- |

(c)

expenditure relating to the acquisition, study, development and maintenance of computer infrastructure (hardware), software and dedicated network connections, and to related production, support and training services for the purpose of carrying out the actions provided for in Regulation (EC) No 515/97, in particular preventing and combating fraud;

| (d) | expenditure relating to the provision of information and expenditure on related actions allowing access to information, data and data sources for the purpose of carrying out the actions provided for in Regulation
  (EC) No
  515/97, in particular preventing and combating fraud; |
| --- | --- |

(d)

expenditure relating to the provision of information and expenditure on related actions allowing access to information, data and data sources for the purpose of carrying out the actions provided for in Regulation
  (EC) No
  515/97, in particular preventing and combating fraud;

| (e) | expenditure relating to use of the Customs Information System provided for in instruments adopted under Article 87 of the Treaty on the Functioning of the European Union and in particular in Decision 2009/917/JHA on the use of information technology for customs purposes, in so far as those instruments provide that that expenditure shall be borne by the general budget of the European Union;. |
| --- | --- |

(e)

expenditure relating to use of the Customs Information System provided for in instruments adopted under Article 87 of the Treaty on the Functioning of the European Union and in particular in Decision 2009/917/JHA on the use of information technology for customs purposes, in so far as those instruments provide that that expenditure shall be borne by the general budget of the European Union;.

| (f) | expenditure relating to the acquisition, study, development and maintenance of the Union components of the common communication network used for the purposes of point (c). |
| --- | --- |

(f)

expenditure relating to the acquisition, study, development and maintenance of the Union components of the common communication network used for the purposes of point (c).

ANNEX II

INDICATORS FOR THE MONITORING OF THE PROGRAMME

The Programme will be monitored closely on the basis of a set of indicators intended to measure the extent to which the general and specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs. To that end, data will be collected as regards the following set of key indicators:

Specific Objective 1: Preventing and combating fraud, corruption and any other illegal activities affecting the financial interests of the Union.

Indicator 1: Support in preventing and combatting fraud, corruption and any other illegal activities affecting the financial interests of the EU, as measured by:

| 1.1: | Satisfaction rate of activities organised and (co-)financed through the programme.








  (a) | Number and type of activities organised and (co-)financed through the programme; [Am. 39] |
| --- | --- | --- |

1.1:

Satisfaction rate of activities organised and (co-)financed through the programme.

(a)

Number and type of activities organised and (co-)financed through the programme; [Am. 39]

| 1.2: | Percentage

  List
  of Member States receiving support each year of the programme
  and respective share in funding
  . [Am. 40] |
| --- | --- |

1.2:

Percentage

  List
  of Member States receiving support each year of the programme
  and respective share in funding
  . [Am. 40]

Specific Objective 2: Supporting the reporting of irregularities, including fraud, with regard to the shared management and pre-accession assistance funds of the Union budget.

Indicator 2: User satisfaction rate for the use of Irregularities Management System.

| (a) | Number of reports of irregularities; [Am. 41] |
| --- | --- |

(a)

Number of reports of irregularities; [Am. 41]

Indicator 2a:
  User satisfaction rate for the use of the Anti-Fraud Information System. [Am. 42]

Specific Objective 3: Providing tools for information exchange and support for operational activities in the field of mutual administrative assistance in customs matters.

Indicator 3: Number of mutual assistance information made available and number of supported mutual assistance-related activities.

Indicator 3a:
  Number and type of mutual assistance-related activities. [Am. 43]

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/213 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/213

---

P8_TA(2019)0069

Multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks ***I

European Parliament legislative resolution of 12 February 2019 on the proposal for a Regulation of the European Parliament and of the Council establishing a multiannual plan for fish stocks in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulation (EU) 2016/1139 establishing a multiannual plan for the Baltic Sea, and repealing Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008 (COM(2018)0149 — C8–0126/2018 — 2018/0074(COD)

(Ordinary legislative procedure: first reading)

(2020/C 449/33)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2018)0149), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2018)0149),

| — | 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 (C8-0126/2018), |
| --- | --- |

—

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 (C8-0126/2018),

| — | 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 official notification of 29 March 2017 by the United Kingdom government, pursuant to Article 50 of the Treaty on European Union, of its intention to withdraw from the European Union, |
| --- | --- |

—

having regard to the official notification of 29 March 2017 by the United Kingdom government, pursuant to Article 50 of the Treaty on European Union, of its intention to withdraw from the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 19 September 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 19 September 2018 (1),

| — | having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 12 December 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 12 December 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A8-0310/2018), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A8-0310/2018),

| 1. | Adopts its position at first reading hereinafter set out (2); |
| --- | --- |

1.

| 2. | Approves the joint statement by Parliament and the Council annexed to this resolution, which will be published in the L series of the Official Journal of the European Union together with the final legislative act; |
| --- | --- |

2.

| 3. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

3.

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

4.

---

(1)  OJ C 440, 6.12.2018, p. 171.

(2)  This position replaces the amendments adopted on 25 October 2018 (Texts adopted, P8_TA(2018)0425).

---

P8_TC1-COD(2018)0074

Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulations (EU) 2016/1139 and (EU) 2018/973, and repealing Council Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/472.)

---

ANNEX TO THE LEGISLATIVE RESOLUTION

Joint statement by the European Parliament and the Council

The European Parliament and the Council intend to repeal the empowerments to adopt technical measures by means of delegated acts under Article 8 of this Regulation when they adopt a new regulation on technical measures which includes an empowerment covering the same measures.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/216 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/216

---

P8_TA(2019)0070

Union Civil Protection Mechanism ***I

European Parliament legislative resolution of 12 February 2019 on the proposal for a decision of the European Parliament and of the Council amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism (COM(2017)0772/2 — C8-0409/2017 — 2017/0309(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/34)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2017)0772/2), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2017)0772/2),

| — | having regard to Article 294(2) and Article 196 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0409/2017), |
| --- | --- |

—

having regard to Article 294(2) and Article 196 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0409/2017),

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

—

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

| — | having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Economic and Social Committee of 18 October 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 18 October 2018 (1),

| — | having regard to the opinion of the Committee of the Regions of 16 May 2018 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 16 May 2018 (2),

| — | having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 19 December 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 19 December 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions and position in the form of amendments of the Committee on Development, the Committee on Budgets, the Committee on Regional Development and the Committee on Women’s Rights and Gender Equality (A8-0180/2018), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions and position in the form of amendments of the Committee on Development, the Committee on Budgets, the Committee on Regional Development and the Committee on Women’s Rights and Gender Equality (A8-0180/2018),

| 1. | Adopts its position at first reading hereinafter set out (3); |
| --- | --- |

1.

| 2. | Approves the joint statement by Parliament, the Council and the Commission annexed to this resolution; |
| --- | --- |

2.

| 3. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

3.

| 4. | Calls on the Commission to refrain from using redeployments for financing new policy priorities that are added in the course of an ongoing multiannual financial framework, as this will inevitably have a negative impact on the implementation of other key Union activities; |
| --- | --- |

4.

| 5. | Calls on the Commission to provide for sufficient financing for the Union Civil Protection Mechanism (UCPM) under the next multiannual financial framework starting in 2021, building on the present overhaul of the UCPM; |
| --- | --- |

5.

| 6. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

6.

---

(1)  Not yet published in the Official Journal.

(2)  OJ C 361, 5.10.2018, p. 37

(3)  This position replaces the amendments adopted on 31 May 2018 (Texts adopted, P8_TA(2018)0236).

---

P8_TC1-COD(2017)0309

Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Decision (EU) 2019/... of the European Parliament and of the Council amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision (EU) 2019/420.)

---

ANNEX TO THE LEGISLATIVE RESOLUTION

Joint statement by the European Parliament, the Council and the Commission

The additional financial envelope for the implementation of the Union Civil Protection Mechanism in 2019 and 2020 has been set to EUR 205,6 million. Without prejudice to the powers of the budgetary authority, part of the total rescEU budget increase should be made available through redeployments on the Heading 3 (security and citizenship) and Heading 4 (Global Europe) of the 2014-2020 Multiannual Financial Framework. The three institutions recall that part of the redeployments is already included in the budget 2019 and EUR 15,34 million were already included in the financial programming for 2020.

In the framework of the budgetary procedure for 2020 the Commission is invited to propose additional EUR 18,24 million of redeployments in order to reach 50 % for 2019 and 2020 under the same headings.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/219 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/219

---

P8_TA(2019)0071

Minimum requirements for water reuse ***I

European Parliament legislative resolution of 12 February 2019 on the proposal for a regulation of the European Parliament and of the Council on minimum requirements for water reuse (COM(2018)0337 — C8-0220/2018 — 2018/0169(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/35)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2018)0337), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2018)0337),

| — | having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0220/2018), |
| --- | --- |

—

having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0220/2018),

| — | 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 12 December 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 12 December 2018 (1),

| — | having regard to the opinion of the Committee of the Regions of 6 December 2018 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 6 December 2018 (2),

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Agriculture and Rural Development (A8-0044/2019), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Agriculture and Rural Development (A8-0044/2019),

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

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

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

3.

---

(1)  Not yet published in the Official Journal.

(2)  OJ C 86, 7.3.2019, p. 353.

---

P8_TC1-COD(2018)0169

Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on minimum requirements for water reuse

(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,

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),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | The water resources of the Union are increasingly coming under pressure, leading to water scarcity and quality deterioration. In particular, climate change
  , unpredictable weather patterns
  and drought are contributing significantly to the strain on the availability of freshwater, arising from urban development and agriculture. [Am. 1] |
| --- | --- |

(1)

The water resources of the Union are increasingly coming under pressure, leading to water scarcity and quality deterioration. In particular, climate change
  , unpredictable weather patterns
  and drought are contributing significantly to the strain on the availability of freshwater, arising from urban development and agriculture. [Am. 1]

| (2) | The Union’s ability to respond to the increasing pressure

  pressures
  on water resources could be enhanced by wider reuse of treated waste water
  , limiting extraction from water bodies and groundwater, reducing the impact of discharge of treated waste water into water bodies, and promoting water savings through the multiple use of urban waste water, while ensuring a high level of environmental protection
  . Directive 2000/60/EC of the European Parliament and of the Council (4) mentions the

  water
  reuse, of water

  in combination with the promotion of the use of water-efficient technologies in industry and water-saving irrigation techniques,
  as one of the supplementary measures Member States may choose to apply to achieve the Directive’s objectives of good qualitative and quantitative water status for surface waters and groundwaters. Council Directive 91/271/EEC (5) requires that treated waste water be reused whenever appropriate. [Am. 2] |
| --- | --- |

(2)

The Union’s ability to respond to the increasing pressure

  pressures
  on water resources could be enhanced by wider reuse of treated waste water
  , limiting extraction from water bodies and groundwater, reducing the impact of discharge of treated waste water into water bodies, and promoting water savings through the multiple use of urban waste water, while ensuring a high level of environmental protection
  . Directive 2000/60/EC of the European Parliament and of the Council (4) mentions the

  water
  reuse, of water

  in combination with the promotion of the use of water-efficient technologies in industry and water-saving irrigation techniques,
  as one of the supplementary measures Member States may choose to apply to achieve the Directive’s objectives of good qualitative and quantitative water status for surface waters and groundwaters. Council Directive 91/271/EEC (5) requires that treated waste water be reused whenever appropriate. [Am. 2]

| (2a) | A particular problem in many areas is the age and poor condition of treated waste water distribution infrastructure, which leads to a huge loss of that treated waste water and the attendant waste of the financial resources invested in that treatment. The upgrading of all such pipe infrastructure should thus be a priority. [Am. 3] |
| --- | --- |

(2a)

A particular problem in many areas is the age and poor condition of treated waste water distribution infrastructure, which leads to a huge loss of that treated waste water and the attendant waste of the financial resources invested in that treatment. The upgrading of all such pipe infrastructure should thus be a priority. [Am. 3]

| (3) | The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘A Blueprint to Safeguard Europe's Water Resources’ (6) pointed to water reuse for irrigation or industrial purposes as

  the need to create an instrument to regulate standards at Union level for water reuse, to remove the barriers to a widespread use of such
  an alternative water supply option requiring Union attention

  , namely one that can help to reduce water scarcity and lessen the vulnerability of supply systems
  . [Am. 4] |
| --- | --- |

(3)

The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘A Blueprint to Safeguard Europe's Water Resources’ (6) pointed to water reuse for irrigation or industrial purposes as

  the need to create an instrument to regulate standards at Union level for water reuse, to remove the barriers to a widespread use of such
  an alternative water supply option requiring Union attention

  , namely one that can help to reduce water scarcity and lessen the vulnerability of supply systems
  . [Am. 4]

| (4) | The Communication from the Commission to the European Parliament and the Council ‘Addressing the challenge of water scarcity and droughts in the European Union’ (7) sets out the hierarchy of measures that Member States should consider in managing water scarcity and droughts.
  For the same purpose, it would be advisable to lay down within Directive 2000/60/EC a binding hierarchy of measures for the sound management of water
  . It states that in regions where all preventive measures have been implemented according to the water hierarchy and where demand for water still exceeds availability, additional water supply infrastructure can, in some circumstances and taking into account of the cost benefit dimension, serve as an alternative approach to mitigate the impacts of severe drought. [Am. 5] |
| --- | --- |

(4)

The Communication from the Commission to the European Parliament and the Council ‘Addressing the challenge of water scarcity and droughts in the European Union’ (7) sets out the hierarchy of measures that Member States should consider in managing water scarcity and droughts.
  For the same purpose, it would be advisable to lay down within Directive 2000/60/EC a binding hierarchy of measures for the sound management of water
  . It states that in regions where all preventive measures have been implemented according to the water hierarchy and where demand for water still exceeds availability, additional water supply infrastructure can, in some circumstances and taking into account of the cost benefit dimension, serve as an alternative approach to mitigate the impacts of severe drought. [Am. 5]

| (4a) | The European Parliament resolution of 9 October 2008 on addressing the challenge of water scarcity and droughts in the European Union
   (8)

  recalls that a demand-side approach should be preferred when managing water resources and takes the view that the Union should adopt a holistic approach when managing water resources, combining measures of demand management, measures to optimise existing resources within the water cycle, and measures to create new resources, and that the approach needs to integrate environmental, social and economic considerations. [Am. 6] |
| --- | --- |

(4a)

The European Parliament resolution of 9 October 2008 on addressing the challenge of water scarcity and droughts in the European Union
   (8)

  recalls that a demand-side approach should be preferred when managing water resources and takes the view that the Union should adopt a holistic approach when managing water resources, combining measures of demand management, measures to optimise existing resources within the water cycle, and measures to create new resources, and that the approach needs to integrate environmental, social and economic considerations. [Am. 6]

| (5) | In its Action Plan for the Circular Economy (9) the Commission committed to taking a series of actions to promote the reuse of treated waste water, including the development of a legislative proposal on minimum requirements for water reuse.
  The Commission should update its Action Plan and keep water resources as a priority area in which to intervene. [Am. 7] |
| --- | --- |

(5)

In its Action Plan for the Circular Economy (9) the Commission committed to taking a series of actions to promote the reuse of treated waste water, including the development of a legislative proposal on minimum requirements for water reuse.
  The Commission should update its Action Plan and keep water resources as a priority area in which to intervene. [Am. 7]

| (6) | Reuse of appropriately treated waste water, for example from urban waste water treatment plants or industrial installations, is considered to have a lower environmental impact than other alternative water supply methods, such as water transfers or desalination,. But such reuse
  , which could reduce water wastage and save water,
  only occurs to a limited extent in the Union. This appears to be partly due to
  the significant cost of waste water reuse system and
  the lack of common Union environmental or

  and
  health standards for water reuse, and, as regards in particular agricultural products, the potential
  health and environmental risks and potential
  obstacles to the free movement of such products irrigated with reclaimed water.
  At the same time, it should be borne in mind that, in certain Member States, the irrigation infrastructure is inadequate or non-existent. [Am. 8] |
| --- | --- |

(6)

Reuse of appropriately treated waste water, for example from urban waste water treatment plants or industrial installations, is considered to have a lower environmental impact than other alternative water supply methods, such as water transfers or desalination,. But such reuse
  , which could reduce water wastage and save water,
  only occurs to a limited extent in the Union. This appears to be partly due to
  the significant cost of waste water reuse system and
  the lack of common Union environmental or

  and
  health standards for water reuse, and, as regards in particular agricultural products, the potential
  health and environmental risks and potential
  obstacles to the free movement of such products irrigated with reclaimed water.
  At the same time, it should be borne in mind that, in certain Member States, the irrigation infrastructure is inadequate or non-existent. [Am. 8]

| (6a) | Water reuse could contribute to the recovery of the nutrients contained in treated waste water, and the use of recovered water for irrigation purposes in agriculture or forestry could be a way of restoring nutrients, such as nitrogen, phosphorus and potassium, to natural biogeochemical cycles. [Am. 9] |
| --- | --- |

(6a)

Water reuse could contribute to the recovery of the nutrients contained in treated waste water, and the use of recovered water for irrigation purposes in agriculture or forestry could be a way of restoring nutrients, such as nitrogen, phosphorus and potassium, to natural biogeochemical cycles. [Am. 9]

| (6b) | The reuse of adequately treated reclaimed water for irrigation purposes pursuant to this Regulation should be environmentally friendly. It should not, therefore, result in increased nitrogen and phosphorus release, as excess of such nutrients leads to the eutrophication of soils and surface and ground water bodies, damaging ecosystems and contributing to the reduction of biodiversity. [Am. 10] |
| --- | --- |

(6b)

The reuse of adequately treated reclaimed water for irrigation purposes pursuant to this Regulation should be environmentally friendly. It should not, therefore, result in increased nitrogen and phosphorus release, as excess of such nutrients leads to the eutrophication of soils and surface and ground water bodies, damaging ecosystems and contributing to the reduction of biodiversity. [Am. 10]

| (6c) | If the effective reuse of urban waste water resources is to be guaranteed, it should be acknowledged that not all types of recycled water can be used for all crops. Farmers should therefore be trained to use the various types of recycled water in an optimum way for crops in respect of which the quality of the water used has no public health implications. [Am. 11] |
| --- | --- |

(6c)

If the effective reuse of urban waste water resources is to be guaranteed, it should be acknowledged that not all types of recycled water can be used for all crops. Farmers should therefore be trained to use the various types of recycled water in an optimum way for crops in respect of which the quality of the water used has no public health implications. [Am. 11]

| (7) | Equivalent
  health standards in relation to food hygiene for agricultural products irrigated with reclaimed water can be achieved only if quality requirements for reclaimed water destined for agricultural irrigation do not differ significantly in Member States. Harmonisation of requirements will also contribute to the efficient functioning of the internal market in relation to such products. It is therefore appropriate to introduce minimum harmonisation by setting minimum requirements for water quality, and

  the frequency of
  monitoring
  and key risk management tasks
  . Those minimum requirements should consist of minimum parameters for reclaimed water and other stricter or additional quality requirements imposed, if necessary, by competent authorities together with any relevant preventive measures. In order to identify stricter or additional requirements for water quality, the

  The reclamation facility operator should draft a Water Reuse Risk Management Plan in cooperation with the relevant actors involved and should be allowed to identify stricter or additional requirements for the quality of the reclaimed water. The
  reclamation plant operators

  facility operator
  should perform key risk management tasks
  in cooperation at least with the reclaimed water distribution operator and the reclaimed water storage operator. The Water Reuse Risk Management Plan should be kept constantly updated and drafted in accordance with internationally recognised standardised procedures
  . The parameters are based on the technical report of the Commission Joint Research Centre and reflect the international standards on water reuse.
  The Commission Joint Research Centre should develop parameters and measurement methods to identify the presence of microplastics and pharmaceutical residues in reclaimed water. [Am. 12] |
| --- | --- |

(7)

Equivalent
  health standards in relation to food hygiene for agricultural products irrigated with reclaimed water can be achieved only if quality requirements for reclaimed water destined for agricultural irrigation do not differ significantly in Member States. Harmonisation of requirements will also contribute to the efficient functioning of the internal market in relation to such products. It is therefore appropriate to introduce minimum harmonisation by setting minimum requirements for water quality, and

  the frequency of
  monitoring
  and key risk management tasks
  . Those minimum requirements should consist of minimum parameters for reclaimed water and other stricter or additional quality requirements imposed, if necessary, by competent authorities together with any relevant preventive measures. In order to identify stricter or additional requirements for water quality, the

  The reclamation facility operator should draft a Water Reuse Risk Management Plan in cooperation with the relevant actors involved and should be allowed to identify stricter or additional requirements for the quality of the reclaimed water. The
  reclamation plant operators

  facility operator
  should perform key risk management tasks
  in cooperation at least with the reclaimed water distribution operator and the reclaimed water storage operator. The Water Reuse Risk Management Plan should be kept constantly updated and drafted in accordance with internationally recognised standardised procedures
  . The parameters are based on the technical report of the Commission Joint Research Centre and reflect the international standards on water reuse.
  The Commission Joint Research Centre should develop parameters and measurement methods to identify the presence of microplastics and pharmaceutical residues in reclaimed water. [Am. 12]

| (7a) | The presence of microplastics can pose a risk to human health and the environment. Therefore, as part of an in-depth review of the sources, distribution, fate and effects of microplastics in the context of waste water treatment, the Commission should develop a methodology for measuring microplastics in urban waste water treated in accordance with Directive 91/271/EEC and reclaimed in accordance with this Regulation. [Am. 13] |
| --- | --- |

(7a)

The presence of microplastics can pose a risk to human health and the environment. Therefore, as part of an in-depth review of the sources, distribution, fate and effects of microplastics in the context of waste water treatment, the Commission should develop a methodology for measuring microplastics in urban waste water treated in accordance with Directive 91/271/EEC and reclaimed in accordance with this Regulation. [Am. 13]

| (7b) | The use of insufficiently clean waste water for public services, such as street cleaning or irrigation of parks and golf courses, can be harmful to health. The Commission should therefore set quality targets regarding the water reuse for public services with a view to protecting human and animal health and the quality of groundwater and surface water. [Am. 14] |
| --- | --- |

(7b)

The use of insufficiently clean waste water for public services, such as street cleaning or irrigation of parks and golf courses, can be harmful to health. The Commission should therefore set quality targets regarding the water reuse for public services with a view to protecting human and animal health and the quality of groundwater and surface water. [Am. 14]

| (7c) | The quality requirements for water used for irrigation should take account of scientific progress, in particular as regards tests for micropollutants and new ‘emerging’ substances, in order to guarantee safe water use and protect the environment and public health. [Am. 15] |
| --- | --- |

(7c)

The quality requirements for water used for irrigation should take account of scientific progress, in particular as regards tests for micropollutants and new ‘emerging’ substances, in order to guarantee safe water use and protect the environment and public health. [Am. 15]

| (7d) | Water quality requirements should take account of experiments which have been carried out, particularly on the use in agriculture of sewage sludge and methanisation effluents. [Am. 16] |
| --- | --- |

(7d)

Water quality requirements should take account of experiments which have been carried out, particularly on the use in agriculture of sewage sludge and methanisation effluents. [Am. 16]

| (8) | The adherence to minimum requirements for water reuse should
  be consistent with Union water policy and
  help support the achievement of the Sustainable Development Goals of the United Nations 2030 Agenda for Sustainable Development, in particular Goal 6, to ensure the availability and sustainable management of water and sanitation for all as well as a substantial increase in recycling
  of water
  and safe
  water
  reuse of water globally
  with a view to contributing to achieving United Nations Sustainable Development Goal 12, on sustainable consumption and production
  . Furthermore, this Regulation seeks to ensure the application of Article 37 on environmental protection of the Charter of Fundamental Rights of the European Union. [Am. 17] |
| --- | --- |

(8)

The adherence to minimum requirements for water reuse should
  be consistent with Union water policy and
  help support the achievement of the Sustainable Development Goals of the United Nations 2030 Agenda for Sustainable Development, in particular Goal 6, to ensure the availability and sustainable management of water and sanitation for all as well as a substantial increase in recycling
  of water
  and safe
  water
  reuse of water globally
  with a view to contributing to achieving United Nations Sustainable Development Goal 12, on sustainable consumption and production
  . Furthermore, this Regulation seeks to ensure the application of Article 37 on environmental protection of the Charter of Fundamental Rights of the European Union. [Am. 17]

| (8a) | The quality requirements for water intended for human consumption are laid down in Directive (EU) .../... of the European Parliament and of the Council
   (10)

  . Member States should take appropriate measures to ensure that water resources used for drinking purposes are not contaminated with reclaimed water, in order to avoid deterioration in drinking water quality. [Am. 18] |
| --- | --- |

(8a)

The quality requirements for water intended for human consumption are laid down in Directive (EU) .../... of the European Parliament and of the Council
   (10)

  . Member States should take appropriate measures to ensure that water resources used for drinking purposes are not contaminated with reclaimed water, in order to avoid deterioration in drinking water quality. [Am. 18]

| (8b) | In some cases, the reclamation facility operators still transport and store the reclaimed water beyond the outlet of the reclamation facility, prior to delivering the reclaimed water to the next actors in the chain, such as the reclaimed water distribution operator, the reclaimed water storage operator, or the end-user. It is necessary to define the point of compliance to clarify where the responsibility of the reclamation facility operator ends and where the responsibility of the next actor in the chain starts. [Am. 19] |
| --- | --- |

(8b)

In some cases, the reclamation facility operators still transport and store the reclaimed water beyond the outlet of the reclamation facility, prior to delivering the reclaimed water to the next actors in the chain, such as the reclaimed water distribution operator, the reclaimed water storage operator, or the end-user. It is necessary to define the point of compliance to clarify where the responsibility of the reclamation facility operator ends and where the responsibility of the next actor in the chain starts. [Am. 19]

| (9) | Risk management should comprise identifying and managing risks in a proactive way and incorporate the concept of producing

  production, distribution, storage and use of
  reclaimed water of a quality required for particular uses. The risk assessment should be based on key risk management tasks
  and on a thorough application of, inter alia, the precautionary principle,
  and should identify any additional water quality requirements necessary to ensure sufficient protection of the environment, human and animal health.
  Risk management should be a responsibility shared among all the relevant actors involved in the Water Reuse Risk Management Plan. The roles and responsibilities of the actors involved should be clearly specified in the Water Reuse Risk Management Plan. When granting a permit, the competent authority should be able to require further risk management measures to be carried out by the relevant actors involved in the Water Reuse Risk Management Plan. [Am. 20] |
| --- | --- |

(9)

Risk management should comprise identifying and managing risks in a proactive way and incorporate the concept of producing

  production, distribution, storage and use of
  reclaimed water of a quality required for particular uses. The risk assessment should be based on key risk management tasks
  and on a thorough application of, inter alia, the precautionary principle,
  and should identify any additional water quality requirements necessary to ensure sufficient protection of the environment, human and animal health.
  Risk management should be a responsibility shared among all the relevant actors involved in the Water Reuse Risk Management Plan. The roles and responsibilities of the actors involved should be clearly specified in the Water Reuse Risk Management Plan. When granting a permit, the competent authority should be able to require further risk management measures to be carried out by the relevant actors involved in the Water Reuse Risk Management Plan. [Am. 20]

| (9a) | Cooperation and interaction between the various parties involved in the water reclamation process should be a precondition for setting up reclamation treatment procedures in accordance with the requirements for specific uses and in order to be able to plan the supply of reclaimed water in line with demand from end-users. [Am. 21] |
| --- | --- |

(9a)

Cooperation and interaction between the various parties involved in the water reclamation process should be a precondition for setting up reclamation treatment procedures in accordance with the requirements for specific uses and in order to be able to plan the supply of reclaimed water in line with demand from end-users. [Am. 21]

| (10) | In order to effectively protect the environment
  , including soil quality,
  and human health, reclamation plant

  facility
  operators should be primarily responsible for the quality of reclaimed water
  at the point of compliance
  . For the purposes of compliance with the minimum requirements and any additional conditions, set by the competent authority, reclamation plant

  facility
  operators should monitor the quality of reclaimed water
  in accordance with the minimum requirements and any additional conditions set by the competent authorities
  . It is therefore appropriate to establish the minimum requirements for monitoring, consisting of the frequencies of the routine monitoring and the timing and performance targets for validation monitoring. Certain requirements for routine monitoring are specified in accordance with Directive 91/271/EEC. [Am. 22] |
| --- | --- |

(10)

In order to effectively protect the environment
  , including soil quality,
  and human health, reclamation plant

  facility
  operators should be primarily responsible for the quality of reclaimed water
  at the point of compliance
  . For the purposes of compliance with the minimum requirements and any additional conditions, set by the competent authority, reclamation plant

  facility
  operators should monitor the quality of reclaimed water
  in accordance with the minimum requirements and any additional conditions set by the competent authorities
  . It is therefore appropriate to establish the minimum requirements for monitoring, consisting of the frequencies of the routine monitoring and the timing and performance targets for validation monitoring. Certain requirements for routine monitoring are specified in accordance with Directive 91/271/EEC. [Am. 22]

| (11) | It is necessary to ensure the safe
  supply, storage and
  use of reclaimed water, thereby encouraging
  the development of
  water reuse at Union level
  , encouraging Union farmers in particular to adopt this practice
  and enhancing public confidence in it.
  The quantities of treated waste water used, its nature, the treatment methods and its characteristics, regardless of how it is used, should be such that its handling, use and storage, including spraying, drip irrigation, stored or not, does not directly or indirectly affect human or animal health or the quality of soil and aquatic environments in the short, medium and long term
  . Supply
  and storage
  of reclaimed water for particular uses should therefore only be permitted on the basis of a permit, granted by competent authorities of Member States. In order to ensure harmonised approach at Union level, traceability and transparency, the substantive rules for that permit should be laid down at the Union level. However, the details of the procedures for granting permits should be determined by Member States
  , the competent authorities of which are themselves responsible for assessing the risks linked to water reuse
  . Member States should be able to apply existing procedures for granting permits which should be adapted to take account of the requirements introduced by this Regulation. [Am. 23] |
| --- | --- |

(11)

It is necessary to ensure the safe
  supply, storage and
  use of reclaimed water, thereby encouraging
  the development of
  water reuse at Union level
  , encouraging Union farmers in particular to adopt this practice
  and enhancing public confidence in it.
  The quantities of treated waste water used, its nature, the treatment methods and its characteristics, regardless of how it is used, should be such that its handling, use and storage, including spraying, drip irrigation, stored or not, does not directly or indirectly affect human or animal health or the quality of soil and aquatic environments in the short, medium and long term
  . Supply
  and storage
  of reclaimed water for particular uses should therefore only be permitted on the basis of a permit, granted by competent authorities of Member States. In order to ensure harmonised approach at Union level, traceability and transparency, the substantive rules for that permit should be laid down at the Union level. However, the details of the procedures for granting permits should be determined by Member States
  , the competent authorities of which are themselves responsible for assessing the risks linked to water reuse
  . Member States should be able to apply existing procedures for granting permits which should be adapted to take account of the requirements introduced by this Regulation. [Am. 23]

| (11a) | Supply and storage of reclaimed water as well as its use by end-users constitute an integral part of the water reuse system. Within the process of supply and storage the reclaimed water can undergo changes that can negatively affect its chemical and biological quality. Reclaimed water should be appropriately used with respect to the classes of reclaimed water, the crops characteristics and irrigation methods. Key risk management tasks should take into account the potential adverse effects on health and environmental matrices associated with the supply, storage and intended use of reclaimed water. In this respect the Commission should establish guidance documents to assist the competent authorities in carrying out the control and monitoring of the supply, storage and use of reclaimed water. [Am. 24] |
| --- | --- |

(11a)

Supply and storage of reclaimed water as well as its use by end-users constitute an integral part of the water reuse system. Within the process of supply and storage the reclaimed water can undergo changes that can negatively affect its chemical and biological quality. Reclaimed water should be appropriately used with respect to the classes of reclaimed water, the crops characteristics and irrigation methods. Key risk management tasks should take into account the potential adverse effects on health and environmental matrices associated with the supply, storage and intended use of reclaimed water. In this respect the Commission should establish guidance documents to assist the competent authorities in carrying out the control and monitoring of the supply, storage and use of reclaimed water. [Am. 24]

| (11b) | If a reclaimed water distribution operator and a reclaimed water storage operator are needed, any such operator should be subject to a permit. If all requirements for the permit are met, the competent authority in the Member State should grant a permit that should contain all the necessary conditions and measures established in the risk assessment for the purposes of safe distribution and storage of reclaimed water to the end-user. [Am. 25] |
| --- | --- |

(11b)

If a reclaimed water distribution operator and a reclaimed water storage operator are needed, any such operator should be subject to a permit. If all requirements for the permit are met, the competent authority in the Member State should grant a permit that should contain all the necessary conditions and measures established in the risk assessment for the purposes of safe distribution and storage of reclaimed water to the end-user. [Am. 25]

| (12) | The provisions of this Regulation are complementary to the requirements of other Union legislation, in particular with regard to possible health and environmental risks. In order to ensure a holistic approach to addressing possible human, and animal health, and environmental

  plant health
  risks, the reclamation plant operators and

  in addition to those relating to environmental protection, when applicable,
  the competent authorities should therefore take into account

  comply with
  the requirements laid down in other relevant Union legislation, in particular Council Directives 86/278/EEC (11), 91/676/EEC (12) and 98/83/EC (13), Directives 91/271/EEC and 2000/60/EC, Regulations (EC) No 178/2002 (14), (EC) No 852/2004 (15), (EC) No 183/2005 (16), (EC) No 396/2005 (17) and (EC) No 1069/2009 (18) of the European Parliament and of the Council, Directives 2006/7/EC (19), 2006/118/EC (20), 2008/105/EC (21) and 2011/92/EU (22) of the European Parliament and of the Council, Commission Regulations (EC) No 2073/2005 (23), (EC) No 1881/2006 (24) and (EU) No 142/2011 (25). [Am. 26] |
| --- | --- |

(12)

The provisions of this Regulation are complementary to the requirements of other Union legislation, in particular with regard to possible health and environmental risks. In order to ensure a holistic approach to addressing possible human, and animal health, and environmental

  plant health
  risks, the reclamation plant operators and

  in addition to those relating to environmental protection, when applicable,
  the competent authorities should therefore take into account

  comply with
  the requirements laid down in other relevant Union legislation, in particular Council Directives 86/278/EEC (11), 91/676/EEC (12) and 98/83/EC (13), Directives 91/271/EEC and 2000/60/EC, Regulations (EC) No 178/2002 (14), (EC) No 852/2004 (15), (EC) No 183/2005 (16), (EC) No 396/2005 (17) and (EC) No 1069/2009 (18) of the European Parliament and of the Council, Directives 2006/7/EC (19), 2006/118/EC (20), 2008/105/EC (21) and 2011/92/EU (22) of the European Parliament and of the Council, Commission Regulations (EC) No 2073/2005 (23), (EC) No 1881/2006 (24) and (EU) No 142/2011 (25). [Am. 26]

| (12a) | For the purposes of this Regulation, it should be possible for treatment operations and urban waste water reclamation operations to take place in the same physical location, using the same facility, or different, separate facilities. In addition, it should be possible for the same actor to be both the treatment plant operator and the reclamation facility operator. [Am. 27] |
| --- | --- |

(12a)

For the purposes of this Regulation, it should be possible for treatment operations and urban waste water reclamation operations to take place in the same physical location, using the same facility, or different, separate facilities. In addition, it should be possible for the same actor to be both the treatment plant operator and the reclamation facility operator. [Am. 27]

| (13) | Regulation (EC) No 852/2004 lays down general rules for food business operators and covers the production, processing, distribution and placing on the market of food intended for human consumption. That Regulation addresses the health quality of food and one of its main principles is that the primary responsibility for food safety is borne by the food business operator. That Regulation is also subject to detailed guidance, of particular relevance being the Commission Notice on guidance document on addressing microbiological risks in fresh fruits and vegetables at primary production through good hygiene (2017/C 163/01). The performance targets for reclaimed water laid down in this Regulation do not preclude food business operators from obtaining the water quality required to comply with Regulation (EC) No 852/2004 using at a subsequent stage several water treatment options alone or in combination with other non-treatment options. |
| --- | --- |

(13)

Regulation (EC) No 852/2004 lays down general rules for food business operators and covers the production, processing, distribution and placing on the market of food intended for human consumption. That Regulation addresses the health quality of food and one of its main principles is that the primary responsibility for food safety is borne by the food business operator. That Regulation is also subject to detailed guidance, of particular relevance being the Commission Notice on guidance document on addressing microbiological risks in fresh fruits and vegetables at primary production through good hygiene (2017/C 163/01). The performance targets for reclaimed water laid down in this Regulation do not preclude food business operators from obtaining the water quality required to comply with Regulation (EC) No 852/2004 using at a subsequent stage several water treatment options alone or in combination with other non-treatment options.

| (13a) | With a view to a better promotion of water reuse operations, the indication of specific uses within this Regulation should not preclude Member States from allowing the use of reclaimed water for further purposes, including reuse for industrial, amenity-related and environmental purposes, provided that Member States ensure compliance with the obligation to ensure a high level of protection of human and animal health and the environment. [Am. 28] |
| --- | --- |

(13a)

With a view to a better promotion of water reuse operations, the indication of specific uses within this Regulation should not preclude Member States from allowing the use of reclaimed water for further purposes, including reuse for industrial, amenity-related and environmental purposes, provided that Member States ensure compliance with the obligation to ensure a high level of protection of human and animal health and the environment. [Am. 28]

| (14) | In order to encourage confidence in water reuse, information should be provided to the public. Making available of
  clear, comprehensive and updated
  information on water reuse should allow for increased transparency and traceability and could also be of particular interest to other relevant authorities for whom the specific water reuse has implications.
  In order to encourage water reuse, Member States should ensure that information awareness-raising campaigns that are specific and adapted to the different actors concerned are developed, with a view to making those actors aware of the urban water cycle, the need to reuse water and the benefits deriving from water reuse, thereby promoting stakeholder acceptance of and involvement in water reuse practices. [Am. 29] |
| --- | --- |

(14)

In order to encourage confidence in water reuse, information should be provided to the public. Making available of
  clear, comprehensive and updated
  information on water reuse should allow for increased transparency and traceability and could also be of particular interest to other relevant authorities for whom the specific water reuse has implications.
  In order to encourage water reuse, Member States should ensure that information awareness-raising campaigns that are specific and adapted to the different actors concerned are developed, with a view to making those actors aware of the urban water cycle, the need to reuse water and the benefits deriving from water reuse, thereby promoting stakeholder acceptance of and involvement in water reuse practices. [Am. 29]

| (14a) | Education and training of the end-users involved in agricultural irrigation are of primary importance as components of implementing and maintaining preventive measures. End-users should be fully informed of the appropriate use of reclaimed water, as they are especially vulnerable. A range of human exposure preventive measures should be implemented, such as use of personal protective equipment, handwashing and personal hygiene. The monitoring of the proper application of such measures should be a part of the key risk management tasks. [Am. 30] |
| --- | --- |

(14a)

Education and training of the end-users involved in agricultural irrigation are of primary importance as components of implementing and maintaining preventive measures. End-users should be fully informed of the appropriate use of reclaimed water, as they are especially vulnerable. A range of human exposure preventive measures should be implemented, such as use of personal protective equipment, handwashing and personal hygiene. The monitoring of the proper application of such measures should be a part of the key risk management tasks. [Am. 30]

| (15) | Directive 2003/4/EC of the European Parliament and of the Council (26) aims at guaranteeing the right of access to environmental information in the Member States in line with the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (27) (Aarhus Convention). Directive 2003/4/EC lays down extensive obligations related both to making environmental information available upon request and actively disseminating such information. Directive 2007/2/EC of the European Parliament and of the Council (28), covers the sharing of spatial information, including data-sets on different environmental topics. It is important that provisions of this Regulation related to access to information and data-sharing arrangements complement those Directives and do not create a separate legal regime. Therefore, the provisions of this Regulation on information to the public and on information about monitoring of implementation should be without prejudice to Directives 2003/4/EC and 2007/2/EC. |
| --- | --- |

(15)

Directive 2003/4/EC of the European Parliament and of the Council (26) aims at guaranteeing the right of access to environmental information in the Member States in line with the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (27) (Aarhus Convention). Directive 2003/4/EC lays down extensive obligations related both to making environmental information available upon request and actively disseminating such information. Directive 2007/2/EC of the European Parliament and of the Council (28), covers the sharing of spatial information, including data-sets on different environmental topics. It is important that provisions of this Regulation related to access to information and data-sharing arrangements complement those Directives and do not create a separate legal regime. Therefore, the provisions of this Regulation on information to the public and on information about monitoring of implementation should be without prejudice to Directives 2003/4/EC and 2007/2/EC.

| (16) | In order to adapt the existing minimum requirements and the key risk management tasks to scientific and technical 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 to amend the minimum requirements and the key risk management tasks
  , without compromising the scope for reusing properly treated waste water
  . Moreover, in order to ensure a high level of protection of the environment and human health, the Commission should also be able to adopt delegated acts supplementing the key risk management tasks by laying down technical specifications. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (29). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 31] |
| --- | --- |

(16)

In order to adapt the existing minimum requirements and the key risk management tasks to scientific and technical 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 to amend the minimum requirements and the key risk management tasks
  , without compromising the scope for reusing properly treated waste water
  . Moreover, in order to ensure a high level of protection of the environment and human health, the Commission should also be able to adopt delegated acts supplementing the key risk management tasks by laying down technical specifications. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (29). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 31]

| (17) | In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission for the adoption of detailed rules regarding the format and presentation of the information to be provided to the public by Member States, regarding the format and presentation of the information on monitoring of the implementation of this Regulation to be provided by the Member States and regarding the format and presentation of the information as regards the Union-wide overview drawn up by the European Environmental Agency Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (30). |
| --- | --- |

(17)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission for the adoption of detailed rules regarding the format and presentation of the information to be provided to the public by Member States, regarding the format and presentation of the information on monitoring of the implementation of this Regulation to be provided by the Member States and regarding the format and presentation of the information as regards the Union-wide overview drawn up by the European Environmental Agency Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (30).

| (18) | Competent authorities should verify compliance of the reclaimed water with the conditions set out in the permit. In cases of non-compliance, they should require the reclamation plant

  facility
  operator to take the necessary measures to ensure compliance. The operators of reclamation plants

  facilities
  should immediately suspend any supply of the reclaimed water when non-compliance
  exceeds specified maximum values, and as a result
  causes a significant risk to the environment or to human health.
  The competent authorities should work closely with end-users in order to facilitate the reuse of properly treated waste water. Competent authorities should control and monitor the supply, storage and use of the reclaimed water taking into account the relevant health and environment risks. [Am. 32] |
| --- | --- |

(18)

Competent authorities should verify compliance of the reclaimed water with the conditions set out in the permit. In cases of non-compliance, they should require the reclamation plant

  facility
  operator to take the necessary measures to ensure compliance. The operators of reclamation plants

  facilities
  should immediately suspend any supply of the reclaimed water when non-compliance
  exceeds specified maximum values, and as a result
  causes a significant risk to the environment or to human health.
  The competent authorities should work closely with end-users in order to facilitate the reuse of properly treated waste water. Competent authorities should control and monitor the supply, storage and use of the reclaimed water taking into account the relevant health and environment risks. [Am. 32]

| (19) | Competent authorities should cooperate with other relevant authorities, by exchanging information, in order to ensure compliance with relevant Union and national requirements. |
| --- | --- |

(19)

Competent authorities should cooperate with other relevant authorities, by exchanging information, in order to ensure compliance with relevant Union and national requirements.

| (20) | Data provided by Member States is essential to enable the Commission to monitor and assess the performance of the legislation against the objectives it pursues. |
| --- | --- |

(20)

Data provided by Member States is essential to enable the Commission to monitor and assess the performance of the legislation against the objectives it pursues.

| (21) | Pursuant to paragraph 22 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, the Commission should carry out an evaluation of this Regulation. The evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures. |
| --- | --- |

(21)

Pursuant to paragraph 22 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, the Commission should carry out an evaluation of this Regulation. The evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures.

| (22) | In accordance with the Aarhus Convention members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for health and well-being of individuals. |
| --- | --- |

(22)

In accordance with the Aarhus Convention members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for health and well-being of individuals.

| (23) | Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. The penalties should be effective, proportionate and dissuasive. |
| --- | --- |

(23)

Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. The penalties should be effective, proportionate and dissuasive.

| (24) | Since the objectives of this Regulation, namely the protection of environment and human health, cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale and effects 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 the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(24)

Since the objectives of this Regulation, namely the protection of environment and human health, cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale and effects 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 the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

| (25) | It is necessary to provide for sufficient time for Member States to set up the administrative infrastructure necessary for the application of this Regulation as well as for operators to prepare for the application of the new rules. |
| --- | --- |

(25)

It is necessary to provide for sufficient time for Member States to set up the administrative infrastructure necessary for the application of this Regulation as well as for operators to prepare for the application of the new rules.

| (25a) | With a view to developing and promoting the reuse of properly treated waste water as much as possible, the European Union should support research and development in this area through the Horizon Europe programme in order to bring about a significant improvement in the reliability of properly treated waste water and in viable use methods. [Am. 33] |
| --- | --- |

(25a)

With a view to developing and promoting the reuse of properly treated waste water as much as possible, the European Union should support research and development in this area through the Horizon Europe programme in order to bring about a significant improvement in the reliability of properly treated waste water and in viable use methods. [Am. 33]

| (25b) | To protect the environment and human health effectively, Member States, in cooperation with stakeholders, should introduce checks on soil quality in the short, medium and long term. [Am. 34] |
| --- | --- |

(25b)

To protect the environment and human health effectively, Member States, in cooperation with stakeholders, should introduce checks on soil quality in the short, medium and long term. [Am. 34]

| (25c) | This Regulation seeks to encourage the sustainable use of water. With that aim in view, the Commission should undertake to use Union programmes, including the LIFE Programme, to support local initiatives involving the reuse of properly treated waste water. [Am. 35] |
| --- | --- |

(25c)

This Regulation seeks to encourage the sustainable use of water. With that aim in view, the Commission should undertake to use Union programmes, including the LIFE Programme, to support local initiatives involving the reuse of properly treated waste water. [Am. 35]

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter and purpose

1.   This Regulation lays down minimum requirements for
  reclaimed
  water quality and monitoring and the obligation to carry out specified key risk management tasks, for the safe reuse of treated urban waste water in the context of integrated water management,
  and contributes to the objectives set out in Directive 2000/60/EC
  . [Am. 36]

2.   The purpose of this Regulation is to guarantee that reclaimed water is safe for its intended use, thereby ensuring a high level of protection of human and animal health and the environment,
  and at the same time reducing the adverse effects of the use of water resources and improving efficiency,
  addressing water scarcity
  , climate change issues and the environmental objectives of the Union,
  and the resulting pressure on water resources in a coordinated way throughout the Union, thus also contributing to the
  deployment of sustainable water use solutions, supporting the transition to a circular economy, ensuring the long-term competitiveness of the Union and the
  efficient functioning of the internal market. [Am. 37]

2a.
     
  Member States shall ensure that water resources used for drinking water purposes are not contaminated with reclaimed water. [Am. 38]

Article 2

Scope

This Regulation shall apply to reclaimed water destined for a use specified in section 1 of Annex I.

This Regulation shall not apply to pilot projects focusing on water reuse in reclamation plants. [Am. 39]

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

| 1. | ‘competent authority’ means an authority or body designated by a Member State to carry out obligations arising from this Regulation; |
| --- | --- |

1.

‘competent authority’ means an authority or body designated by a Member State to carry out obligations arising from this Regulation;

| 2. | ‘water authority’ means an authority or authorities identified in accordance with Article 3(2) or (3) of Directive 2000/60/EC; |
| --- | --- |

2.

‘water authority’ means an authority or authorities identified in accordance with Article 3(2) or (3) of Directive 2000/60/EC;

| 3. | ‘end-user’ means a natural or legal person
  , a public or private entity,
  who uses reclaimed water
  for the use it is intended for
  ; [Am. 40] |
| --- | --- |

3.

‘end-user’ means a natural or legal person
  , a public or private entity,
  who uses reclaimed water
  for the use it is intended for
  ; [Am. 40]

| 4. | ‘urban waste water’ means urban waste water as defined in Article 2(1) of Directive 91/271/EEC; |
| --- | --- |

4.

‘urban waste water’ means urban waste water as defined in Article 2(1) of Directive 91/271/EEC;

| 4a. | ‘treated waste water’ means urban waste water that has been treated in compliance with the requirements set out in Directive 91/271/EEC; [Am. 41] |
| --- | --- |

4a.

‘treated waste water’ means urban waste water that has been treated in compliance with the requirements set out in Directive 91/271/EEC; [Am. 41]

| 5. | ‘reclaimed water’ means urban

  treated
  waste water that has been treated in compliance with the requirements set out in Directive 91/271/EEC and which results from further treatment in a reclamation plant

  facility that makes its quality suitable for the use it is intended for
  ; [Am. 42] |
| --- | --- |

5.

‘reclaimed water’ means urban

  treated
  waste water that has been treated in compliance with the requirements set out in Directive 91/271/EEC and which results from further treatment in a reclamation plant

  facility that makes its quality suitable for the use it is intended for
  ; [Am. 42]

| 5a. | ‘water reuse’ means use of reclaimed water of a specific quality suitable for a use specified in Section 1 of Annex I, through a distribution system, thereby partially or wholly replacing the use of surface waters or groundwater; [Am. 43] |
| --- | --- |

5a.

‘water reuse’ means use of reclaimed water of a specific quality suitable for a use specified in Section 1 of Annex I, through a distribution system, thereby partially or wholly replacing the use of surface waters or groundwater; [Am. 43]

| 6. | ‘reclamation plant


  facility
  ’ means
  a part of
  an urban waste water treatment plant or other plant

  facility
  that further treats urban waste water complying

  previously treated in accordance
  with the requirements set out in Directive 91/271/EEC in order to produce
  reclaimed
  water that is fit for a use specified in section 1 of Annex I to this Regulation
  and includes any storage infrastructure and any infrastructure designed to deliver the reclaimed water to the reclaimed water distribution infrastructure, or to the end-user
  ; [Am. 44] |
| --- | --- |

6.

‘reclamation plant


  facility
  ’ means
  a part of
  an urban waste water treatment plant or other plant

  facility
  that further treats urban waste water complying

  previously treated in accordance
  with the requirements set out in Directive 91/271/EEC in order to produce
  reclaimed
  water that is fit for a use specified in section 1 of Annex I to this Regulation
  and includes any storage infrastructure and any infrastructure designed to deliver the reclaimed water to the reclaimed water distribution infrastructure, or to the end-user
  ; [Am. 44]

| 7. | ‘reclamation plant


  facility

  operator’ means a natural or legal person who operates or controls a reclamation plant

  facility
  ; [Am. 45] |
| --- | --- |

7.

‘reclamation plant


  facility

  operator’ means a natural or legal person who operates or controls a reclamation plant

  facility
  ; [Am. 45]

| 7a. | ‘reclaimed water distribution infrastructure’ means a system of dedicated pipelines and pumps, or other dedicated transporting facilities, designed to deliver the reclaimed water to the end-user, including any facilities for equalisation, further treatment and storage, outside the reclamation facility; [Am. 46] |
| --- | --- |

7a.

‘reclaimed water distribution infrastructure’ means a system of dedicated pipelines and pumps, or other dedicated transporting facilities, designed to deliver the reclaimed water to the end-user, including any facilities for equalisation, further treatment and storage, outside the reclamation facility; [Am. 46]

| 7b. | ‘reclaimed water distribution operator’ means a natural or legal person which operates or controls the reclaimed water distribution infrastructure; [Am. 47] |
| --- | --- |

7b.

‘reclaimed water distribution operator’ means a natural or legal person which operates or controls the reclaimed water distribution infrastructure; [Am. 47]

| 7c. | ‘reclaimed water storage infrastructure’ means a system of dedicated storage facilities designed to store the reclaimed water; [Am. 48] |
| --- | --- |

7c.

‘reclaimed water storage infrastructure’ means a system of dedicated storage facilities designed to store the reclaimed water; [Am. 48]

| 7d. | ‘reclaimed water storage operator’ means a natural or legal person that operates or controls reclaimed water storage infrastructure; [Am. 49] |
| --- | --- |

7d.

‘reclaimed water storage operator’ means a natural or legal person that operates or controls reclaimed water storage infrastructure; [Am. 49]

| 8. | ‘hazard’ means a biological, chemical, physical or radiological agent that has the potential to cause harm to people, animals, crops or plants, other terrestrial biota, aquatic biota, soils or the general environment; |
| --- | --- |

8.

‘hazard’ means a biological, chemical, physical or radiological agent that has the potential to cause harm to people, animals, crops or plants, other terrestrial biota, aquatic biota, soils or the general environment;

| 9. | ‘risk’ means the likelihood of identified hazards causing harm in a specified timeframe, including the severity of the consequences; |
| --- | --- |

9.

‘risk’ means the likelihood of identified hazards causing harm in a specified timeframe, including the severity of the consequences;

| 10. | ‘risk management’ is a systematic management that consistently ensures the safety of water reuse in a specific context; |
| --- | --- |

10.

‘risk management’ is a systematic management that consistently ensures the safety of water reuse in a specific context;

| 11. | ‘preventive measure’ means any

  appropriate
  action or activity that can be used to prevent or eliminate a health and environmental risk, or reduce it to an acceptable level.; [Am. 50] |
| --- | --- |

11.

‘preventive measure’ means any

  appropriate
  action or activity that can be used to prevent or eliminate a health and environmental risk, or reduce it to an acceptable level.; [Am. 50]

| 11a. | ‘point of compliance’ means the point where a reclamation facility operator delivers the reclaimed water to the next actor in the chain; [Am. 51] |
| --- | --- |

11a.

‘point of compliance’ means the point where a reclamation facility operator delivers the reclaimed water to the next actor in the chain; [Am. 51]

| 11b. | ‘micropollutant’ means an undesirable substance detectable in the environment at a very low concentration, as referred to in Annex VIII to Directive 2000/60/EC. [Am. 52] |
| --- | --- |

11b.

‘micropollutant’ means an undesirable substance detectable in the environment at a very low concentration, as referred to in Annex VIII to Directive 2000/60/EC. [Am. 52]

Article 4

Obligations of reclamation plant


  facility

  operators as regards water quality
  [Am. 53]

1.   Reclamation plant

  facility
  operators shall ensure that reclaimed water destined for a use specified in section 1 of Annex I, shall, at the outlet of the reclamation plant (point of compliance)

  point of compliance
  , comply with the following:

| (a) | the minimum requirements for water quality laid down in Section 2 of Annex I; |
| --- | --- |

(a)

the minimum requirements for water quality laid down in Section 2 of Annex I;

| (b) | any additional conditions set by the competent authority in the relevant permit pursuant to points (b) and (c) of Article 7(3), as regards water quality. [Am. 54] |
| --- | --- |

(b)

any additional conditions set by the competent authority in the relevant permit pursuant to points (b) and (c) of Article 7(3), as regards water quality. [Am. 54]

2.   In order to ensure compliance with the requirements and conditions referred to in paragraph 1, the reclamation plant operator shall monitor water quality in accordance with the following:

| (a) | section 2 of Annex I; |
| --- | --- |

(a)

section 2 of Annex I;

| (b) | any additional conditions set by the competent authority in the relevant permit pursuant to points (b) and (c) of Article 7(3), as regards monitoring. |
| --- | --- |

(b)

any additional conditions set by the competent authority in the relevant permit pursuant to points (b) and (c) of Article 7(3), as regards monitoring.

2a.
     
  Reclamation facility operators shall also ensure that at least the risk management measures set out in the Water Reuse Risk Management Plan referred to in paragraph - 1 of Article 5 are fully implemented within the reclamation facility. [Am. 55]

| 2b | .
  After the point of compliance, the quality of water shall no longer be the responsibility of the reclamation facility operator, and shall become the responsibility of the next actor in the chain
  . [Am. 56] |
| --- | --- |

2b

3.   The Commission is empowered to adopt delegated acts amending this Regulation in accordance with Article 14 in order to adapt to technical and scientific progress the minimum requirements set out in Section 2 of Annex I.
  [Am. 57]

Article 4a

Obligations of reclaimed water distribution operators, reclaimed water storage operators and end-users

1.
     
  The reclaimed water distribution operator shall maintain the level of quality of reclaimed water within the reclaimed water distribution infrastructure at least at the same level of quality as that laid down in Section 2 of Annex I. The reclaimed water distribution operator shall also ensure that at least the risk management measures set out in the Water Reuse Risk Management Plan referred to in paragraph - 1 of Article 5 are fully implemented within the reclaimed water distribution infrastructure.

When granting a permit in accordance with Article 7, the competent authority may require further risk management measures to be taken as regards tasks to be carried out by the reclaimed water distribution operator and specify additional requirements and preventive measures needed in accordance with points (b) and (c) of Annex II.

2.
     
  The reclaimed water storage operator shall maintain the level of quality of the reclaimed water within the reclaimed water storage infrastructure at least at the same level of quality as that laid down in Section 2 of Annex I. The reclaimed water storage operator shall also ensure that at least the risk management measures set out in the Water Reuse Risk Management Plan referred to in paragraph - 1 of Article 5 are fully implemented within the reclaimed water storage infrastructure.

When granting a permit in accordance with Article 7, the competent authority may require further risk management measures to be taken as regards tasks to be carried out by the reclaimed water storage operator and specify additional requirements and preventive measures needed in accordance with points (b) and (c) of Annex II.

3.
     
  Reclaimed water used by end-users shall be at least of the quality level set out in Section 2 of Annex I. The competent authority may provide for further requirements as regards obligations upon end-users in addition to those set out in Section 2 of Annex I.

4.
     
  The Commission shall establish guidance documents to assist the competent authorities in the implementation of the requirements relating to control and monitoring of the production, distribution, storage and use of the reclaimed water. [Am. 58]

Article 5

Risk management

-1.
     
  The reclamation facility operator shall, in cooperation with the relevant actors referred to in paragraph 1 of this Article, draw-up a Water Reuse Risk Management Plan. The Water Reuse Risk Management Plan shall be based on the key risk management tasks set out in point (a) of Annex II, set out any requirements additional to those specified in Annex I in accordance with point (b) of Annex II, and shall identify hazards, risks and appropriate preventive measures in accordance with point (c) of Annex II. [Am. 59]

1.   For the purposes of producing and supplying

  ensuring safe production, distribution, storage and use of
  reclaimed water, risk management shall be undertaken by the reclamation plant operator

  the competent authority shall oversee risk management
  in consultation with the following actors: [Am. 60]

| (a) | the operator of the urban waste water treatment plant(s) supplying a reclamation plant with water,

  facility with treated waste water in accordance with the quality requirement set out in Directive 91/271/EEC
  if different from the reclamation plant

  faiclity
  operator; [Am. 61] |
| --- | --- |

(a)

the operator of the urban waste water treatment plant(s) supplying a reclamation plant with water,

  facility with treated waste water in accordance with the quality requirement set out in Directive 91/271/EEC
  if different from the reclamation plant

  faiclity
  operator; [Am. 61]

| (aa) | the reclamation facility operator; [Am. 62] |
| --- | --- |

(aa)

the reclamation facility operator; [Am. 62]

| (ab) | the reclaimed water distribution operator; [Am. 63] |
| --- | --- |

(ab)

the reclaimed water distribution operator; [Am. 63]

| (ac) | the reclaimed water storage operator; [Am. 64] |
| --- | --- |

(ac)

the reclaimed water storage operator; [Am. 64]

| (b) | end-user(s); |
| --- | --- |

(b)

end-user(s);

| (c) | any other party deemed relevant by the reclamation plant operator

  competent authority
  . [Am. 65] |
| --- | --- |

(c)

any other party deemed relevant by the reclamation plant operator

  competent authority
  . [Am. 65]

2.   The reclamation plant

  facility
  operator, shall draw-up a

  the reclaimed water distribution operator and the reclaimed water storage operator shall carry out at least the risk management tasks defined in the
  Water Reuse Risk Management Plan based on the key risk management tasks set out in Annex II. The Water Reuse Risk Management Plan shall propose any additional requirements to those specified in Annex I necessary to further mitigate any risks, and shall, inter alia, identify hazards, risks and appropriate preventive measures

  referred to in paragraph - 1. Risk management methods used by the reclamation facility operator, the reclaimed water distribution operator and the reclaimed water storage operator shall be based on internationally recognised methodologies. [Am. 66]

2a.
     
  In the relevant permit granted in accordance with Article 7, the competent authority may specify different tasks and responsibilities for the different actors involved in the Water Reuse Risk Management Plan. [Am. 67]

2b.
     
  If the type of crop to be irrigated is to be marketed in several different forms and falls into several different reclaimed water quality classes, the reclamation facility operator shall be required to provide the farmer with water corresponding to the highest of the quality classes concerned. [Am. 68]

3.   The Commission is empowered to adopt, in accordance with Article 14, delegated acts amending this Regulation in order to adapt to technical and scientific progress the key risk management tasks set out in Annex II.
  [Am. 69]

The Commission is also empowered to adopt, in accordance with Article 14, delegated acts supplementing this Regulation in order to lay down technical specifications of the key risk management tasks set out in Annex II. [Am. 70]

By ... [1 year after the date of entry into force of this Regulation] the Commission shall adopt delegated acts in accordance with Article 14 to supplement this Regulation by introducing a methodology for measuring the presence of microplastics in reclaimed water which may be subject to additional requirements based on the risk assessment referred to in point 4 of Annex II. [Am. 133]

3a.
     
  If an end-user suspects that the water stored as provided for in Article 4a(2) does not meet the minimum requirements laid down in this Regulation, she or he shall:

| (a) | inform immediately the health authority concerned and provide it, if appropriate, with all information available; |
| --- | --- |

(a)

inform immediately the health authority concerned and provide it, if appropriate, with all information available;

| (b) | cooperate fully with the competent authority concerned in order to verify and determine the grounds for suspicion and the possible presence of unauthorised substances or values as referred to in Tables 2 and 4 of Section 2 of Annex I. [Am. 71] |
| --- | --- |

(b)

cooperate fully with the competent authority concerned in order to verify and determine the grounds for suspicion and the possible presence of unauthorised substances or values as referred to in Tables 2 and 4 of Section 2 of Annex I. [Am. 71]

Article 6

Application for a permit to supply


  produce, distribute and store

  reclaimed water
  [Am. 72]

1.   Any supply

  production, distribution or storage
  of reclaimed water destined for a use specified in section 1 of Annex I, shall be subject to a permit. [Am. 73]

2.   An

  A reclamation facility
  operator shall submit an application for the permit referred to in paragraph 1, or for a modification of an existing permit to the competent authority of the Member State in which the reclamation plant

  facility
  operates or is planned to operate. [Am. 74]

3.   The application shall include the following:

| (a) | a Water Reuse Risk Management Plan drawn up in accordance with
  paragraph - 1 of
  Article 5(2)

  5
  ; [Am. 75] |
| --- | --- |

(a)

a Water Reuse Risk Management Plan drawn up in accordance with
  paragraph - 1 of
  Article 5(2)

  5
  ; [Am. 75]

| (aa) | the latest available data demonstrating the compliance of treated waste water within the meaning of Directive 91/271/EEC at the waste water treatment plant from which the water to be recovered originates; [Am. 76] |
| --- | --- |

(aa)

the latest available data demonstrating the compliance of treated waste water within the meaning of Directive 91/271/EEC at the waste water treatment plant from which the water to be recovered originates; [Am. 76]

| (b) | a description of how the reclamation plant

  facility
  operator will comply
  at the point of compliance
  with the minimum requirements for water quality and monitoring set out in section 2 of Annex I; [Am. 77] |
| --- | --- |

(b)

a description of how the reclamation plant

  facility
  operator will comply
  at the point of compliance
  with the minimum requirements for water quality and monitoring set out in section 2 of Annex I; [Am. 77]

| (c) | a description of how the reclamation plant

  facility
  operator will comply
  at the point of compliance
  with the additional requirements proposed in the Water Reuse Risk Management Plan. [Am. 78] |
| --- | --- |

(c)

a description of how the reclamation plant

  facility
  operator will comply
  at the point of compliance
  with the additional requirements proposed in the Water Reuse Risk Management Plan. [Am. 78]

3a.
     
  A reclaimed water distribution operator shall submit an application for the permit referred to in paragraph 1, or for a modification of an existing permit, to the competent authority of the Member State in which the reclaimed water distribution infrastructure operates or is planned to operate. The application shall include a description of how the reclaimed water distribution operator is to comply with the obligations laid down in paragraph 1 of Article 4a. [Am. 79]

3b.
     
  A reclaimed water storage operator shall submit an application for the permit referred to in paragraph 1, or for a modification of an existing permit, to the competent authority of the Member State in which the reclaimed water storage infrastructure operates or is planned to operate. The application shall include a description of how the reclaimed water storage operator is to comply with the obligations laid down in paragraph 2 of Article 4a. [Am. 80]

Article 7

Granting of the permit

1.   For the purposes of assessing the application, the competent authority shall, if appropriate consult and exchange relevant information with the following:

| (a) | other relevant authorities of the same Member State, in particular the water authority,
  and health authorities,
  if different than the competent authority; [Am. 81] |
| --- | --- |

(a)

other relevant authorities of the same Member State, in particular the water authority,
  and health authorities,
  if different than the competent authority; [Am. 81]

| (b) | contact points in potentially affected Member State(s) designated in accordance with Article 9(1). |
| --- | --- |

(b)

contact points in potentially affected Member State(s) designated in accordance with Article 9(1).

2.   The competent authority shall
  assess the application, having recourse to appropriate scientific assistance, and
  decide within 3 months from the receipt of the complete application as referred to in point (a) of Article 6(3)

  paragraphs 2, 3, 3a and 3b of Article 6
  whether to grant
  or refuse
  the permit. Where the competent authority needs more time due to the complexity of the application, it shall inform
  without delay
  the applicant thereof,
  and
  indicate the expected date of granting
  or refusing
  the permit and provide reasons for the extension.
  The competent authority shall, in any case, take a decision no later than six months from the receipt of the complete application as referred to in paragraphs 2, 3, 3a and 3b of Article 6. [Am. 82]

3.   Where the competent authority decides to grant a permit, it shall determine the conditions applicable, which shall include the following, as applicable:

| (a) | conditions in relation to the minimum requirements for water quality and monitoring set out in section 2 of Annex I; |
| --- | --- |

(a)

conditions in relation to the minimum requirements for water quality and monitoring set out in section 2 of Annex I;

| (b) | conditions in relation to the additional requirements proposed in the Water Reuse Risk Management Plan; |
| --- | --- |

(b)

conditions in relation to the additional requirements proposed in the Water Reuse Risk Management Plan;

| (c) | any other conditions necessary to further mitigate

  eliminate
  any unacceptable risks to the human and animal health or the environment. [Am. 83] |
| --- | --- |

(c)

any other conditions necessary to further mitigate

  eliminate
  any unacceptable risks to the human and animal health or the environment. [Am. 83]

3a.
     
  If conditions equivalent to those referred to in points (a) to (c) of paragraph 3 are not already included in the Water Reuse Risk Management Plan referred to in Article 5, the competent authority shall update the plan without delay. [Am. 84]

4.   The permit shall be reviewed regularly and at least every five years and, if necessary, modified.

Article 8

Compliance check

1.   The competent authority shall verify compliance of the reclaimed water with the conditions set out in the permit, at the point of compliance

  permits granted in accordance with Article 7.
  The compliance check shall be performed using the following means: [Am. 85]

| (a) | on-spot checks; |
| --- | --- |

(a)

on-spot checks;

| (b) | use of monitoring data obtained pursuant to this Regulation and Directives 91/271/EEC and 2000/60/EC; |
| --- | --- |

(b)

use of monitoring data obtained pursuant to this Regulation and Directives 91/271/EEC and 2000/60/EC;

| (c) | any other adequate means. |
| --- | --- |

(c)

any other adequate means.

2.   In the event of non-compliance, the competent authority shall require the reclamation plant

  facility
  operator
  , the reclaimed water distribution operator, or the reclaimed water storage operator, as applicable
  , to take any necessary measures to
  promptly
  restore compliance without delay

  and immediately inform the end-users affected
  . [Am. 86]

3.   Where non-compliance causes a significant risk to the environment or to human health,

  the individual value of any parameter exceeds the minimum water quality requirements set out in point (a) of Section 2 of Annex I,
  the reclamation plant

  facility
  operator shall immediately suspend any further supply of the reclaimed water. until the

  The
  competent authority determines

  may determine
  that compliance has been restored
  only after the individual value of the parameter, or parameters, exceeding the relevant minimum water quality requirements has been found below the maximum permitted value in at least three consecutive checks
  . [Am. 87]

4.   If an incident affecting compliance with the permit's conditions occurs, the reclamation plant

  facility
  operator
  , the reclaimed water distribution operator or the reclaimed water storage operator, as applicable,
  shall immediately inform the competent authority and the end-user(s) which may be potentially affected, and communicate to the competent authority the information necessary for assessing the impacts of such an incident. [Am. 88]

4a.
     
  After granting a permit in accordance with Article 7, the competent authority shall regularly verify compliance by the reclamation facility operator, the reclaimed water distribution operator and the reclaimed water storage operator, with the measures set out in the Water Reuse Risk Management Plan. [Am. 89]

4b.
     
  In the event of non-compliance of reclaimed water at the point of compliance and subsequent contamination of soil or agricultural products through distribution and storage of that non-compliant reclaimed water, resulting in health and environmental hazards, the reclamation facility operator shall be held responsible and liable for damages. [Am. 134]

Article 9

Cooperation between Member States

1.   Member States shall designate a contact point to cooperate as appropriate with other Member States' contact points and competent authorities. The role of contact points shall be to provide assistance upon request and coordinate communication between competent authorities. The contact points shall, in particular, receive and transmit requests for assistance.

2.   Member States shall respond to requests for assistance without undue delay.

Article 9a

Information awareness-raising campaigns

1.
     
  Member States shall set up information and awareness raising campaigns targeting potential end-users, including citizens, and concerning the safety of water reuse and the savings of water resources resulting from water reuse.

2.
     
  Member States shall also set up information campaigns for farmers to ensure that they use reclaimed water on crops in an optimal manner, and thereby avoid any adverse health or environmental effects from such use. [Am. 91]

Article 10

Information to the public

1.   Without prejudice to Directives 2003/4/EC and 2007/2/EC,
  and to Article 9(4) of Directive 2000/60/EC,
  Member States shall ensure that adequate and up-to-date
  and accessible
  information on
  water
  reuse of water is available online to the public
  or through other easy-to-use methods, complying with data protection rules
  . That information shall include the following: [Am. 92]

| (a) | the quantity and the quality of the reclaimed water supplied in accordance with this Regulation; |
| --- | --- |

(a)

the quantity and the quality of the reclaimed water supplied in accordance with this Regulation;

| (aa) | use of reclaimed water as a percentage of total freshwater used for the uses covered by this Regulation; [Am. 93] |
| --- | --- |

(aa)

use of reclaimed water as a percentage of total freshwater used for the uses covered by this Regulation; [Am. 93]

| (b) | the percentage of the reclaimed water in the Member State supplied in accordance with this Regulation compared to the total amount of treated urban waste water; |
| --- | --- |

(b)

the percentage of the reclaimed water in the Member State supplied in accordance with this Regulation compared to the total amount of treated urban waste water;

| (ba) | the percentage of the reclaimed water in the Member State supplied in accordance with this Regulation compared to the total amount of treatable urban waste water; [Am. 94] |
| --- | --- |

(ba)

the percentage of the reclaimed water in the Member State supplied in accordance with this Regulation compared to the total amount of treatable urban waste water; [Am. 94]

| (c) | permits granted or modified in accordance with this Regulation, including conditions set by competent authorities in accordance with Article 7(3); |
| --- | --- |

(c)

permits granted or modified in accordance with this Regulation, including conditions set by competent authorities in accordance with Article 7(3);

| (d) | outcome of the compliance check performed in accordance with Article 8(1); |
| --- | --- |

(d)

outcome of the compliance check performed in accordance with Article 8(1);

| (e) | contact points designated in accordance with Article 9(1). |
| --- | --- |

(e)

contact points designated in accordance with Article 9(1).

2.   The information referred to in paragraph 1 shall be updated at least once a year.

2a.
     
  In accordance with Regulation (EC) No 852/2004 laying down general rules applicable to operators in the food sector, which covers the production, processing, distribution and marketing of foodstuffs intended for human consumption, the competent authorities shall inform users of the maximum nutrient content of the properly treated waste water supplied, so that users, including farmers, can satisfy themselves that it is in compliance with the nutrient levels laid down by the relevant Union rules. [Am. 95]

3.   The Commission may, by means of implementing acts, lay down detailed rules regarding the format and presentation of the information to be provided under paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15.
  [Am. 96]

Article 11

Information on monitoring of implementation

1.   Without prejudice to Directives 2003/4/EC and 2007/2/EC, each Member State, assisted by the European Environment Agency, shall:

| (a) | set up and publish by ... [three

  four
  years after the date of entry into force of this Regulation], and update every 6 years thereafter, a data set containing information on the outcome of the compliance check performed in accordance with Article 8(1) and other information to be made available online to the public in accordance with Article 10; [Am. 97] |
| --- | --- |

(a)

set up and publish by ... [three

  four
  years after the date of entry into force of this Regulation], and update every 6 years thereafter, a data set containing information on the outcome of the compliance check performed in accordance with Article 8(1) and other information to be made available online to the public in accordance with Article 10; [Am. 97]

| (b) | set up, publish and update annually thereafter, a data set containing information on cases of non-compliance with the conditions set out in the permit, collected in accordance with Article 8(1) and information about the measures taken in accordance with Article 8(2) and (3). |
| --- | --- |

(b)

set up, publish and update annually thereafter, a data set containing information on cases of non-compliance with the conditions set out in the permit, collected in accordance with Article 8(1) and information about the measures taken in accordance with Article 8(2) and (3).

2.   Member States shall ensure that the Commission, the European Environment Agency and the European Centre for Disease Prevention and Control have access to the data sets referred to in paragraph 1.

3.   On the basis of the data referred to in paragraph 1, the European Environment Agency shall draw up, publish and update, on a regular basis or following a request from the Commission, a Union-wide overview which shall include, as appropriate, indicators for outputs, results and impacts of this Regulation, maps, and Member State reports.

4.   The Commission may, by means of implementing acts, lay down detailed rules regarding the format and presentation of the information to be provided in accordance with paragraph 1 as well as detailed rules regarding the format and presentation of the Union-wide overview referred to in paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15.

Article 12

Access to justice

1.   Member States shall ensure that natural or legal persons or their associations, organisations or groups, in accordance with national legislation or practice, have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, actions or omissions related to the implementation of Articles 4 to 8, when one of the following conditions is fulfilled:

| (a) | they have a sufficient interest; |
| --- | --- |

(a)

they have a sufficient interest;

| (b) | they maintain the impairment of a right, where the administrative procedural law of the relevant Member State requires this as a precondition. |
| --- | --- |

(b)

they maintain the impairment of a right, where the administrative procedural law of the relevant Member State requires this as a precondition.

2.   Member States shall determine at what stage decisions, acts or omissions may be challenged.

3.   What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice.

To that end, the interest of any non-governmental organisation promoting environmental protection and meeting the requirements under national law shall be deemed sufficient for the purposes of paragraph 1(a).

Such organisations shall also be deemed to have rights capable of being impaired for the purposes of paragraph 1(b).

4.   Paragraphs 1, 2 and 3 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law.

5.   Any review procedure referred to in paragraphs 1 and 4 shall be fair, equitable, timely and not prohibitively expensive.

6.   Member States shall ensure that information is made available to the public on access to administrative and judicial review procedures.

Article 13

Evaluation

1.   The Commission shall, by ... [6

  five
  years after the date of entry into force of this Regulation], carry out an evaluation of this Regulation. The evaluation shall be based at least on the following elements: [Am. 98]

| (a) | the experience gathered from the implementation of this Regulation; |
| --- | --- |

(a)

the experience gathered from the implementation of this Regulation;

| (b) | the data sets set up by Member States in accordance with Article 11(1) and the Union-wide overview drawn up by the European Environment Agency in accordance with Article 11(3); |
| --- | --- |

(b)

the data sets set up by Member States in accordance with Article 11(1) and the Union-wide overview drawn up by the European Environment Agency in accordance with Article 11(3);

| (c) | relevant scientific, analytical and epidemiological data; |
| --- | --- |

(c)

relevant scientific, analytical and epidemiological data;

| (d) | technical and scientific knowledge; |
| --- | --- |

(d)

technical and scientific knowledge;

| (e) | World Health Organization recommendations, where available; |
| --- | --- |

(e)

World Health Organization recommendations, where available;

| (ea) | experiments which have been carried out, in particular as regards the use in agriculture of sewage sludge and methanisation effluents. [Am. 99] |
| --- | --- |

(ea)

experiments which have been carried out, in particular as regards the use in agriculture of sewage sludge and methanisation effluents. [Am. 99]

2.   In the context of the evaluation referred to in paragraph 1, the Commission shall pay particular regard to the following aspects:

| (a) | the minimum requirements set out in Annex I; |
| --- | --- |

(a)

the minimum requirements set out in Annex I;

| (b) | the key risk management tasks set out in Annex II; |
| --- | --- |

(b)

the key risk management tasks set out in Annex II;

| (c) | the additional requirements set by competent authorities pursuant to point (b) and (c) of Article 7(3); |
| --- | --- |

(c)

the additional requirements set by competent authorities pursuant to point (b) and (c) of Article 7(3);

| (d) | the impacts of water reuse on the environment and human health; |
| --- | --- |

(d)

the impacts of water reuse on the environment and human health;

| (da) | the growing presence of micropollutants and new ‘emerging’ substances in reused water. [Am. 100] |
| --- | --- |

(da)

the growing presence of micropollutants and new ‘emerging’ substances in reused water. [Am. 100]

2a.
     
  As part of the evaluation referred to in paragraph 1, the Commission shall assess the feasibility of:

| (a) | extending the scope of this Regulation to reclaimed water intended for further specific uses, including reuse for industrial purposes; |
| --- | --- |

(a)

extending the scope of this Regulation to reclaimed water intended for further specific uses, including reuse for industrial purposes;

| (b) | expanding the requirements of this Regulation to cover the indirect use of treated waste water; |
| --- | --- |

(b)

expanding the requirements of this Regulation to cover the indirect use of treated waste water;

| (c) | laying down minimum requirements applicable to the quality of treated waste water for the purpose of aquifer recharge. [Am. 101] |
| --- | --- |

(c)

laying down minimum requirements applicable to the quality of treated waste water for the purpose of aquifer recharge. [Am. 101]

2b.
     
  Where appropriate, the Commission shall accompany the evaluation referred to in paragraph 1 with a legislative proposal. [Am. 102]

Article 14

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(3) and Article 5(3) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.

3.   The delegation of power referred to in Article 4(3) and Article 5(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

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

6.   A delegated act adopted pursuant to Article 4(3) and Article 5(3) 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.

Article 15

Committee procedure

1.   The Commission shall be assisted by the Committee established by Directive 2000/60/EC. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

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

Article 16

Penalties

Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by ... [three

  four
  years after the date of entry into force of this Regulation], notify the Commission of those rules and of those measures and shall notify it of any subsequent amendment affecting them. [Am. 103]

Article 17

Entry into force and application

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

It shall apply from ... [one year

  two years
  after the date of entry into force of this Regulation]. [Am. 104]

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 ...

1

(2)  OJ C 86, 7.3.2019, p. 353.

2

(3)  Position of the European Parliament of 12 February 2019.

3

(4)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

4

(5)  Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135, 30.5.1991, p. 40).

5

(6)  COM(2012)0673.

6

(7)  COM(2007)0414.

7

(8)  

  OJ C 9 E, 15.1.2010, p. 33.

8

OJ C 9 E, 15.1.2010, p. 33.

(9)  COM(2015)0614.

9

(10)  
  Directive (EU) .../... on the quality of water intended for human consumption (OJ ...).

10

Directive (EU) .../... on the quality of water intended for human consumption (OJ ...).

(11)  Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ L 181, 4.7.1986, p. 6).

11

(12)  Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1).

12

(13)  Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, 5.12.1998, p. 32).

13

(14)  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).

14

(15)  Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).

15

(16)  Regulation (EC) No 183/2005 of the European Parliament and the Council of 12 January 2005 laying down requirements for feed hygiene (OJ L 35, 8.2.2005, p. 1).

16

(17)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).

17

(18)  Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1).

18

(19)  Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC (OJ L 64, 4.3.2006, p. 37).

19

(20)  Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (OJ L 372, 27.12.2006, p. 19).

20

(21)  Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, p. 84).

21

(22)  Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).

22

(23)  Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (OJ L 338, 22.12.2005, p. 1).

23

(24)  Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5).

24

(25)  Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive Text with EEA relevance (OJ L 54, 26.2.2011, p. 1).

25

(26)  Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

26

(27)  OJ L 124, 17.5.2005, p. 4.

27

(28)  Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

28

(29)  OJ L 123, 12.5.2016, p. 1.

29

(30)  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).

30

ANNEX I

USES AND MINIMUM REQUIREMENTS

Section 1. Uses of reclaimed water as referred to in Article 2

(a)   Agricultural irrigation

Agricultural irrigation means irrigation of the following types of crops:

| — | food crops consumed raw, meaning crops which are intended for human consumption to be eaten raw or unprocessed; |
| --- | --- |

—

food crops consumed raw, meaning crops which are intended for human consumption to be eaten raw or unprocessed;

| — | processed food crops, meaning crops which are intended for human consumption not to be eaten raw but after a treatment process (i.e. cooked, industrially processed); |
| --- | --- |

—

processed food crops, meaning crops which are intended for human consumption not to be eaten raw but after a treatment process (i.e. cooked, industrially processed);

| — | non-food crops, meaning crops which are not intended for human consumption (e.g. pastures, forage, fiber, ornamental, seed, energy and turf crops). |
| --- | --- |

—

non-food crops, meaning crops which are not intended for human consumption (e.g. pastures, forage, fiber, ornamental, seed, energy and turf crops).

Without prejudice to the relevant Union law in the fields of environment and health, Member States may use reclaimed water for further uses such as industrial water reuse and for amenity-related and environmental purposes. [Am. 105]

Section 2. Minimum requirements

2.1.   Minimum requirements applicable to reclaimed water destined to be used

  intended
  for agricultural irrigation [Am. 106]

The classes of reclaimed water quality and the allowed use and irrigation methods for each class are set out in Table 1. The minimum requirements for water quality are set out in point (a), Table 2. The minimum frequencies and performance targets for monitoring the reclaimed water are set out in point (b), Table 3 (routine monitoring) and Table 4 (validation monitoring).

Table 1 Classes of reclaimed water quality and allowed agricultural use and irrigation method

| Minimum reclaimed water quality class | Crop category | Irrigation method |
| --- | --- | --- |
| A | All food crops, including root crops consumed raw and food crops where the edible part is in direct contact with reclaimed water | All irrigation methods |
| B | Food crops consumed raw where the edible part is produced above ground and is not in direct contact with reclaimed water, processed food crops and non-food crops including crops to feed milk- or meat-producing animals | All irrigation methods |
| C | Drip irrigation
   (*1)
  only

  Only irrigation methods that do not lead to direct contact between the crop and the reclaimed water. For example, drip irrigation
   (*1)
  . [Am. 107] |
| D | Industrial, energy, and seeded crops | All irrigation methods |

Minimum reclaimed water quality class

Crop category

Irrigation method

A

All food crops, including root crops consumed raw and food crops where the edible part is in direct contact with reclaimed water

All irrigation methods

B

Food crops consumed raw where the edible part is produced above ground and is not in direct contact with reclaimed water, processed food crops and non-food crops including crops to feed milk- or meat-producing animals

All irrigation methods

C

Drip irrigation
   (*1)
  only

  Only irrigation methods that do not lead to direct contact between the crop and the reclaimed water. For example, drip irrigation
   (*1)
  . [Am. 107]

D

Industrial, energy, and seeded crops

All irrigation methods

(a)   Minimum requirements for water quality

Table 2 Reclaimed water quality requirements for agricultural irrigation

| Reclaimed water quality class | Indicative technology target
  appropriate treatment | Quality requirements Limit value | |
| --- | --- | --- | --- |
| E.


  coli



  (cfu/100 ml) | BOD5



  (mg/l) | TSS


  (mg/l) | Turbidity


  (NTU) | Other |
| A | Secondary treatment, filtration, and disinfection | ≤10
  or below detection limit | ≤10 | ≤10 | ≤5 | Legionella spp.: <1,000 cfu/l where there is risk of aerosolization in greenhouses
  Intestinal nematodes (helminth eggs): ≤1 egg/l for irrigation of pastures or forage
  Salmonella: absent [Am. 108] |
| B | Secondary treatment, and disinfection | ≤100 | According to Council Directive 91/271/EEC (1)

  (Annex I, Table 1) | According to Directive 91/271/EEC
  (Annex I, Table 1) | — |
| C | Secondary treatment, and disinfection | ≤1,000 | — |
| D | Secondary treatment, and disinfection | ≤10,000 | — |

Reclaimed water quality class

Indicative technology target
  appropriate treatment

Quality requirements Limit value

E.


  coli

(cfu/100 ml)

BOD5

(mg/l)

TSS

(mg/l)

Turbidity

(NTU)

Other

A

Secondary treatment, filtration, and disinfection

≤10

or below detection limit

≤10

≤10

≤5

Legionella spp.: <1,000 cfu/l where there is risk of aerosolization in greenhouses

Intestinal nematodes (helminth eggs): ≤1 egg/l for irrigation of pastures or forage
  Salmonella: absent [Am. 108]

B

Secondary treatment, and disinfection

≤100

According to Council Directive 91/271/EEC (1)

(Annex I, Table 1)

According to Directive 91/271/EEC

(Annex I, Table 1)

—

C

Secondary treatment, and disinfection

≤1,000

—

D

Secondary treatment, and disinfection

≤10,000

—

The reclaimed water will be considered compliant with the requirements set out in Table 2 if the measurements meet all of the following criteria:

| — | The indicated values for E. coli, Legionella spp and Intestinal nematodes are met in 90 % or more of the samples. None of the
  maximum
  values of the samples can exceed the maximum deviation limit of 1 log unit from the indicated value for E. coli and Legionella and 100 % of the indicated value for intestinal nematodes.
  The requirement to ensure that there is an absence of salmonella shall apply to 100 % of samples. [Am. 109] |
| --- | --- |

—

The indicated values for E. coli, Legionella spp and Intestinal nematodes are met in 90 % or more of the samples. None of the
  maximum
  values of the samples can exceed the maximum deviation limit of 1 log unit from the indicated value for E. coli and Legionella and 100 % of the indicated value for intestinal nematodes.
  The requirement to ensure that there is an absence of salmonella shall apply to 100 % of samples. [Am. 109]

| — | The indicated values for BOD5, TSS, and turbidity in Class A are met in 90 % or more of the samples. None of the
  maximum
  values of the samples can exceed the maximum deviation limit of 100 % of the indicated value. [Am. 110] |
| --- | --- |

—

The indicated values for BOD5, TSS, and turbidity in Class A are met in 90 % or more of the samples. None of the
  maximum
  values of the samples can exceed the maximum deviation limit of 100 % of the indicated value. [Am. 110]

b)   Minimum requirements for monitoring

Reclamation plant

  facility
  operators shall perform routine monitoring to verify that the reclaimed water is complying with the minimum water quality requirements set out in point (a). The routine monitoring shall be included in the verification procedures of the water reuse system

  project
  . [Am. 111]

The samples to be used to verify compliance with the microbiological parameters at the point of compliance shall be taken in accordance with standard EN ISO 19458. [Am. 112]

Table 3 Minimum frequencies for routine monitoring of reclaimed water for agricultural irrigation

| | Minimum monitoring frequencies |
| --- | --- |
| Reclaimed water quality class | E. coli | BOD5 | TSS | Turbidity | Legionella spp.
  (when applicable) | Intestinal nematodes
  (when applicable) |
| A | Once
  a week | Once
  a week | Once
  a week | Continuous | Once
  a week | Twice a month or frequency determined by the reclamation plant operator according to the number of eggs in waste water entering the reclamation plant |
| B | Once
  a week | According to Directive 91/271/EEC
  (Annex I, Section D) | According to Directive 91/271/EEC
  (Annex I, Section D) | — |
| C | Twice a month | — |
| D | Twice a month | — |

Minimum monitoring frequencies

Reclaimed water quality class

E. coli

BOD5

TSS

Turbidity

Legionella spp.

(when applicable)

Intestinal nematodes

(when applicable)

A

Once

a week

Once

a week

Once

a week

Continuous

Once

a week

Twice a month or frequency determined by the reclamation plant operator according to the number of eggs in waste water entering the reclamation plant

B

Once

a week

According to Directive 91/271/EEC

(Annex I, Section D)

According to Directive 91/271/EEC

(Annex I, Section D)

—

C

Twice a month

—

D

Twice a month

—

Validation monitoring has to be performed before the reclamation plant

  facility
  is put into operation, when equipment is upgraded, and when new equipment or processes are added
  , and at any time when a new permit is granted or an existing permit is modified
  . [Am. 113]

Validation monitoring shall be performed for the most stringent reclaimed water quality class, Class A, to assess that the performance targets (log10 reduction) are complied with. Validation monitoring entails the monitoring of the indicator microorganisms associated to each group of pathogens (bacteria, virus and protozoa). The indicator microorganisms selected are E. coli for pathogenic bacteria, F-specific coliphages, somatic coliphages or coliphages for pathogenic viruses, and Clostridium perfringens spores or spore-forming sulfate-reducing bacteria for protozoa. Performance targets (log10 reduction) for the validation monitoring for the selected indicator microorganisms are set out in Table 4 and shall be met at the outlet of the reclamation plant (point of compliance)

  facility
  , considering the concentrations of the raw waste water effluent entering the urban waste water treatment plant.
  At least 90 % of validation samples shall reach or exceed the performance target. [Am. 114]

If a biological indicator is not present in sufficient quantity in raw waste water to achieve the log10 reduction, the absence of such biological indicator in the effluent shall mean that the validation requirements are complied with. The performance with the compliance target may be established by analytical control, by addition of the performance granted to individual treatment steps based on scientific evidence for standard well-established processes, such as published data of testing reports, case studies etc., or tested in laboratory under controlled conditions for innovative treatment. [Am. 115]

Table 4 Validation monitoring of reclaimed water for agricultural irrigation

| Reclaimed


  water quality


  class | Indicator microorganisms
   (*2) | Performance targets for the treatment chain


  (log10 reduction) |
| --- | --- | --- |
| A | E. coli | ≥ 5,0 |
| Total coliphages/ F-specific coliphages/somatic coliphages/coliphages (*3) | ≥ 6,0 |
| Clostridium perfringens spores/spore-forming sulfate-reducing bacteria (*4) | ≥ 5,0 |

Reclaimed

water quality

class

Indicator microorganisms
   (*2)

Performance targets for the treatment chain

(log10 reduction)

A

E. coli

≥ 5,0

Total coliphages/ F-specific coliphages/somatic coliphages/coliphages (*3)

≥ 6,0

Clostridium perfringens spores/spore-forming sulfate-reducing bacteria (*4)

≥ 5,0

Methods of analysis for monitoring shall be validated and documented by the operator in accordance with EN ISO/IEC-17025 or other national or international standards which ensure an equivalent quality.
  The reclamation plant operator shall ensure that the laboratories selected for the validation monitoring implement quality management practices in accordance with standard ISO/IEC 17025. [Am. 119]

---

(*1)  Drip irrigation (also called trickle irrigation) is a micro-irrigation system capable of delivering water drops or tiny streams to the plants and involves dripping water onto the soil or directly under its surface at very low rates (2-20 litres/hour) from a system of small diameter plastic pipes fitted with outlets called emitters or drippers.

(1)  Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135, 30.5.1991, p. 40).

(*2)  The reference pathogens Campylobacter, Rotavirus and Cryptosporidium can also be used for validation monitoring purposes instead of the proposed indicator microorganisms. The following log10 reduction performance targets should then apply: Campylobacter (≥ 5,0), Rotavirus (≥ 6,0) and Cryptosporidium (≥ 5,0).
  The national health authority may lay down further indicators relating to the specific case, when there is evidence of a need to ensure that there is a high level of protection of human and animal health and the environment. [Am. 116]

(*3)  Total coliphages is selected as the most appropriate viral indicator. However, if analysis of total coliphages is not feasible, at least one of them (F-specific or somatic coliphages) has to be analysed.
  If total coliphages are not present in sufficient quantity in raw waste water effluent, the compliance with the performance target may be established by addition of the performance granted to individual treatment steps based on scientific evidence for standard well-established processes, such as published data of testing reports, case studies etc., or tested in laboratory under controlled conditions for innovative treatment. [Am. 117]

(*4)  Clostridium perfringens spores is selected as the most appropriate protozoa indicator. However sporeforming sulfate-reducing bacteria is an alternative if the concentration of Clostridium perfringens spores does not allow to validate the requested log10 removal.
  If Clostridium perfringens are not present in sufficient quantity in raw waste water effluent, the compliance with the performance target may be established by addition of the performance granted to individual treatment steps based on scientific evidence for standard well-established processes, such as published data of testing reports, case studies etc, or tested in laboratory under controlled conditions for innovative treatment. [Am. 118]

ANNEX II

(a)
     Key risk management tasks [Am. 120]

| -1. | Conduct a feasibility analysis of the planned reclamation facility that takes into consideration at least the development costs of the facility in relation to regional demand for reclaimed water, the potential end-users and the facility’s treated waste water requirements, and assesses the quality of the treated waste water entering the facility. [Am. 121] |
| --- | --- |

-1.

| 1. | Describe the water reuse system, from the waste water entering the urban waste water treatment plant to the point of use, including the sources of waste water, the treatment steps and technologies at the reclamation plant, the supply and storage infrastructure, the intended use, the place of use, and the quantities of reclaimed water to be supplied. The aim of this task is to provide a detailed description of the entire water reuse system. |
| --- | --- |

1.

| 2. | Identify potential hazards, in particular the presence of pollutants and pathogens, and the potential for hazardous events such as treatment failures, accidental leakages or contamination in the described water reuse system. |
| --- | --- |

2.

| 3. | Identify the environments, populations and individuals at risk of direct or indirect exposure to the identified potential hazards, taking into account specific environmental factors such as local hydrogeology, topology, soil type and ecology, and factors related to the type of crops and farming practices.
  The health risks assessment, including hazard identification, dose-response, exposure assessment and risk characterisation, shall be taken into consideration throughout the stages of the waste water reuse system.
  Possible irreversible or long-term negative
  environmental or health
  effects
  , including the potential negative impacts on ecological flows,
  of the water reclamation operation
  , such as distribution, storage and use,
  have to be considered as well. [Am. 122] |
| --- | --- |

3.

| 4. | Conduct a risk assessment covering both environmental risks and risks to human and animal health, taking into account the nature of the identified potential hazards, the identified environments, populations and individuals at risk of exposure to those hazards and the severity of possible effects of the hazards, as well as all relevant Union and national legislation, guidance documents and minimum requirements in relation to food and feed and worker safety
  and environmental objectives
  .
  Qualitative studies may be used for the purposes of the risk assessment
  . Scientific uncertainty in risk characterisation shall be addressed in accordance with the precautionary principle. [Am. 123]

  The risk assessment shall consist of the following elements:






  (a) | an assessment of environmental risks, including all of the following:






  i. | confirmation of the nature of the hazards, including, where relevant, the predicted no-effect level; |
| --- | --- | --- | --- |

4.

The risk assessment shall consist of the following elements:

(a)

an assessment of environmental risks, including all of the following:

i.

confirmation of the nature of the hazards, including, where relevant, the predicted no-effect level;

| ii. | assessment of the potential range of exposure; |
| --- | --- |

ii.

assessment of the potential range of exposure;

| iii. | characterisation of the risk. |
| --- | --- |

iii.

characterisation of the risk.

| (b) | an assessment of risks to human health, including all of the following:






  i. | confirmation of the nature of the hazards, including, where relevant, the dose-response relationship
  in cooperation with health authorities
  ; [Am. 124] |
| --- | --- | --- |

(b)

an assessment of risks to human health, including all of the following:

i.

confirmation of the nature of the hazards, including, where relevant, the dose-response relationship
  in cooperation with health authorities
  ; [Am. 124]

| ii. | assessment of the potential range of dose or exposure; |
| --- | --- |

ii.

assessment of the potential range of dose or exposure;

| iii. | characterisation of the risk. |
| --- | --- |

iii.

characterisation of the risk.

The following requirements and obligations shall, as a minimum, be
  taken into account


  complied with
  in the risk assessment: [Am. 125]

| (a) | the requirement to reduce and prevent water pollution from nitrates in accordance with Directive 91/676/EEC; |
| --- | --- |

(a)

the requirement to reduce and prevent water pollution from nitrates in accordance with Directive 91/676/EEC;

| (b) | the obligation for drinking water protected areas to meet the requirements of Directive 98/83/EC; |
| --- | --- |

(b)

the obligation for drinking water protected areas to meet the requirements of Directive 98/83/EC;

| (c) | the requirement to meet the environmental objectives set out in Directive 2000/60/EC; |
| --- | --- |

(c)

the requirement to meet the environmental objectives set out in Directive 2000/60/EC;

| (d) | the requirement to prevent groundwater pollution in accordance with Directive 2006/118/EC; |
| --- | --- |

(d)

the requirement to prevent groundwater pollution in accordance with Directive 2006/118/EC;

| (e) | the requirement to meet the environmental quality standards for priority substances and certain other pollutants laid down in Directive 2008/105/EC; |
| --- | --- |

(e)

the requirement to meet the environmental quality standards for priority substances and certain other pollutants laid down in Directive 2008/105/EC;

| (f) | the requirement to meet the environmental quality standards for pollutants of national concern (i.e. river basin specific pollutants) laid down in Directive 2000/60/EC; |
| --- | --- |

(f)

the requirement to meet the environmental quality standards for pollutants of national concern (i.e. river basin specific pollutants) laid down in Directive 2000/60/EC;

| (g) | the requirement to meet the bathing water quality standards laid down in Directive 2006/7/EC; |
| --- | --- |

(g)

the requirement to meet the bathing water quality standards laid down in Directive 2006/7/EC;

| (h) | the requirements concerning the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture under Directive 86/278/EEC; |
| --- | --- |

(h)

the requirements concerning the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture under Directive 86/278/EEC;

| (i) | the requirements regarding hygiene of foodstuffs as laid down in Regulation (EC) No 852/2004 and the guidance provided in the Commission Notice on guidance document on addressing microbiological risks in fresh fruits and vegetables at primary production through good hygiene; |
| --- | --- |

(i)

the requirements regarding hygiene of foodstuffs as laid down in Regulation (EC) No 852/2004 and the guidance provided in the Commission Notice on guidance document on addressing microbiological risks in fresh fruits and vegetables at primary production through good hygiene;

| (j) | the requirements for feed hygiene laid down in Regulation (EC) No 183/2005. |
| --- | --- |

(j)

the requirements for feed hygiene laid down in Regulation (EC) No 183/2005.

| (k) | the requirement to comply with the relevant microbiological criteria set out in Regulation (EC) No 2073/2005; |
| --- | --- |

(k)

the requirement to comply with the relevant microbiological criteria set out in Regulation (EC) No 2073/2005;

| (l) | the requirements regarding maximum levels for certain contaminants in foodstuffs set out in Regulation (EC) No 1881/2006; |
| --- | --- |

(l)

the requirements regarding maximum levels for certain contaminants in foodstuffs set out in Regulation (EC) No 1881/2006;

| (m) | the requirements regarding maximum residue levels of pesticides in or on food and feed set out in Regulation (EC) No 396/2005; |
| --- | --- |

(m)

the requirements regarding maximum residue levels of pesticides in or on food and feed set out in Regulation (EC) No 396/2005;

| (n) | the requirements regarding animal health in Regulations (EC) No 1069/2009 and (EU) No 142/2011. |
| --- | --- |

(n)

the requirements regarding animal health in Regulations (EC) No 1069/2009 and (EU) No 142/2011.

(b)
     
  Conditions relating to the additional requirements [Am. 126]

| 5. | When necessary and appropriate to ensure sufficient

  adequate
  protection of the environment and human health, specify requirements for water quality and monitoring that are additional to and/or stricter than those specified in Annex I.

  Depending on the outcome of the risk assessment referred to in point 4, Such additional requirements may in particular concern:






  (a) | heavy metals; |
| --- | --- | --- |

5.

Depending on the outcome of the risk assessment referred to in point 4, Such additional requirements may in particular concern:

(a)

heavy metals;

| (b) | pesticides; |
| --- | --- |

(b)

pesticides;

| (c) | disinfection by-products; |
| --- | --- |

(c)

disinfection by-products;

| (d) | pharmaceuticals; |
| --- | --- |

(d)

pharmaceuticals;

| (da) | the presence of microplastics; |
| --- | --- |

(da)

the presence of microplastics;

| (e) | other substances of emerging concern

  pollutants that have emerged as significant from environmental and public health analyses carried out at local level
  ; |
| --- | --- |

(e)

other substances of emerging concern

  pollutants that have emerged as significant from environmental and public health analyses carried out at local level
  ;

| (f) | anti-microbial resistance. [Am. 127] |
| --- | --- |

(f)

anti-microbial resistance. [Am. 127]

(c)
     
  Preventive measures [Am. 128]

| 6. | Identify preventive measures that are already in place or that should be taken to limit risks so that all identified risks can be adequately managed.
  Such preventive measures may include:






  (a) | access control; |
| --- | --- | --- |

6.

Such preventive measures may include:

(a)

access control;

| (b) | additional disinfection or pollutants removal measures; |
| --- | --- |

(b)

additional disinfection or pollutants removal measures;

| (c) | specific irrigation technology mitigating the risk of aerosol formation (e.g. drip irrigation); |
| --- | --- |

(c)

specific irrigation technology mitigating the risk of aerosol formation (e.g. drip irrigation);

| (d) | pathogen die-off support before harvest; |
| --- | --- |

(d)

pathogen die-off support before harvest;

| (e) | establishment of minimum safety distances. |
| --- | --- |

(e)

establishment of minimum safety distances.

Specific preventive measures that may be relevant are set out in Table 1.

Table 1: Specific preventive measures

| Reclaimed


  water quality


  class | Specific preventive measures |
| --- | --- |
| A | — | Pigs must not be exposed to fodder irrigated with reclaimed water unless there is sufficient data to indicate that the risks for a specific case can be managed. |

Reclaimed

water quality

class

Specific preventive measures

A

—

Pigs must not be exposed to fodder irrigated with reclaimed water unless there is sufficient data to indicate that the risks for a specific case can be managed.

B

| — | Prohibition of harvesting of wet irrigated or dropped produce. |
| --- | --- |

—

Prohibition of harvesting of wet irrigated or dropped produce.

| — | Exclude lactating dairy cattle from pasture until pasture is dry. |
| --- | --- |

—

Exclude lactating dairy cattle from pasture until pasture is dry.

| — | Fodder has to be dried or ensiled before packaging. |
| --- | --- |

—

Fodder has to be dried or ensiled before packaging.

| — | Pigs must not be exposed to fodder irrigated with reclaimed water unless there is sufficient data to indicate that the risks for a specific case can be managed. |
| --- | --- |

—

Pigs must not be exposed to fodder irrigated with reclaimed water unless there is sufficient data to indicate that the risks for a specific case can be managed.

C

| — | Prohibition of harvesting of wet irrigated or dropped produce. |
| --- | --- |

—

Prohibition of harvesting of wet irrigated or dropped produce.

| — | Exclude grazing animals from pasture for five days after last irrigation. |
| --- | --- |

—

Exclude grazing animals from pasture for five days after last irrigation.

| — | Fodder has to be dried or ensiled before packaging. |
| --- | --- |

—

Fodder has to be dried or ensiled before packaging.

| — | Pigs must not be exposed to fodder irrigated with reclaimed water unless there is sufficient data to indicate that the risks for a specific case can be managed. |
| --- | --- |

—

Pigs must not be exposed to fodder irrigated with reclaimed water unless there is sufficient data to indicate that the risks for a specific case can be managed.

D

| — | Prohibition of harvesting of wet irrigated or dropped produce. |
| --- | --- |

—

Prohibition of harvesting of wet irrigated or dropped produce.

| 7. | Ensure that adequate quality control systems and procedures are in place, including monitoring of the reclaimed water for relevant parameters, and that adequate maintenance programmes for equipment are established. |
| --- | --- |

7.

| 8. | Ensure that environmental monitoring systems are in place that will detect any negative effects of the water reuse, as well as ensure that feedback from the monitoring is provided and that all processes and procedures are appropriately validated and documented.
  It is recommended that the reclamation plant operator set up and maintain a quality management system certified under ISO 9001 or equivalent. |
| --- | --- |

8.

It is recommended that the reclamation plant operator set up and maintain a quality management system certified under ISO 9001 or equivalent.

| 8a. | Ensure that the reclamation facility is equipped with an alternative means of discharging the treated waste water that is not reused. [Am. 129] |
| --- | --- |

8a.

| 9. | Ensure that an appropriate system is in place to manage incidents and emergencies, including procedures to inform all relevant parties appropriately such event, and keep a regularly updated emergency response plan. |
| --- | --- |

9.

| 9a. | Ensure that the reclaimed water distribution infrastructure is separate and constructed in such a manner that it avoids risks of contamination of the supply and distribution system for water intended for human consumption. [Am. 130] |
| --- | --- |

9a.

| 9b. | Ensure that the reclaimed water distribution infrastructure is appropriately marked, and, where it is constructed with open storm drains, that it is adequately equipped with sufficiently visible signage, including where waste water is mixed with water of other origins. [Am. 131] |
| --- | --- |

9b.

| 9c. | Ensure that coordination mechanisms are established amongst different actors to guarantee the safe production and use of reclaimed water. [Am. 132] |
| --- | --- |

9c.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/246 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/246

---

P8_TA(2019)0072

Approval and market surveillance of agricultural and forestry vehicles ***I

European Parliament legislative resolution of 12 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending and correcting Regulation (EU) No 167/2013 on the approval and market surveillance of agricultural and forestry vehicles (COM(2018)0289 — C8-0183/2018 — 2018/0142(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/36)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2018)0289), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2018)0289),

| — | 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 (C8-0183/2018), |
| --- | --- |

—

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 (C8-0183/2018),

| — | 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 19 September 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 19 September 2018 (1),

| — | having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 16 January 2019 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 16 January 2019 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection (A8-0318/2018), |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection (A8-0318/2018),

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

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

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

3.

---

(1)  OJ C 440, 6.12.2018, p. 104.

---

P8_TC1-COD(2018)0142

Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council amending Regulation (EU) No 167/2013 on the approval and market surveillance of agricultural and forestry vehicles

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/519.)

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/247 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/247

---

P8_TA(2019)0073

Programme for single market, competitiveness of enterprises and European statistics ***I

European Parliament legislative resolution of 12 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Programme for single market, competitiveness of enterprises, including small and medium-sized enterprises, and European statistics and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014, (EU) No 258/2014, (EU) No 652/2014 and (EU) 2017/826 (COM(2018)0441 — C8-0254/2018 — 2018/0231(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/37)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2018)0441), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2018)0441),

| — | having regard to Article 294(2), Article 43(2), Article 168(4)(b) and Articles 114, 173 and 338 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0254/2018), |
| --- | --- |

—

having regard to Article 294(2), Article 43(2), Article 168(4)(b) and Articles 114, 173 and 338 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0254/2018),

| — | 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 October 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 17 October 2018 (1),

| — | having regard to the opinion of the Committee of the Regions of 5 December 2018 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 5 December 2018 (2),

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection and also the opinions of the Committee on Economic and Monetary Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on Agriculture and Rural Development and the Committee on Budgets (A8-0052/2019), |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection and also the opinions of the Committee on Economic and Monetary Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on Agriculture and Rural Development and the Committee on Budgets (A8-0052/2019),

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

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

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

3.

---

(1)  OJ C 62, 15.2.2019, p. 40.

(2)  OJ C 86, 7.3.2019, p. 259.

---

P8_TC1-COD(2018)0231

Position of the European Parliament adopted at first reading on 12 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council establishing the Programme for single market, competitiveness of enterprises, including small and medium-sized enterprises, and European statistics and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014, (EU) No 258/2014, (EU) No 652/2014 and (EU) 2017/826

(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 43(2), Article 168(4)(b) and Articles 114, 173 and 338 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),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | The internal market is a cornerstone of the Union. Since its inception, it has proved a major contributor to growth, competitiveness and employment. It has generated new opportunities and economies of scale for European businesses, notably micro, small and medium-sized enterprises (SMEs), and strengthened their industrial competitiveness, and it should continue benefitting all citizens equally. The internal market contributed to the creation of jobs and offered greater choice at lower prices for consumers while guaranteeing the high quality of products and services offered. It continues to be an engine for building a more integrated market and a stronger, more balanced and fairer economy. It is one of the Union's major achievements and its best asset in an increasingly global world, as well as being a core element in achieving the transformation into a resource- and energy-efficient sustainable economy to respond to the increasing pressure of climate change. [Am. 1] |
| --- | --- |

(1)

The internal market is a cornerstone of the Union. Since its inception, it has proved a major contributor to growth, competitiveness and employment. It has generated new opportunities and economies of scale for European businesses, notably micro, small and medium-sized enterprises (SMEs), and strengthened their industrial competitiveness, and it should continue benefitting all citizens equally. The internal market contributed to the creation of jobs and offered greater choice at lower prices for consumers while guaranteeing the high quality of products and services offered. It continues to be an engine for building a more integrated market and a stronger, more balanced and fairer economy. It is one of the Union's major achievements and its best asset in an increasingly global world, as well as being a core element in achieving the transformation into a resource- and energy-efficient sustainable economy to respond to the increasing pressure of climate change. [Am. 1]

| (2) | The internal market has to continuously adapt to a rapidly changing environment of digital revolution and globalisation. A new era of digital innovation continues to provide opportunities and benefits to the economy and to daily lives, especially for businesses and individuals, creates new products and business models but equally constitutes a challenge to regulation and enforcement, and to consumer protection and safety. [Am. 2] |
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(2)

The internal market has to continuously adapt to a rapidly changing environment of digital revolution and globalisation. A new era of digital innovation continues to provide opportunities and benefits to the economy and to daily lives, especially for businesses and individuals, creates new products and business models but equally constitutes a challenge to regulation and enforcement, and to consumer protection and safety. [Am. 2]

| (3) | The substantial body of Union legislation underpins the functioning of the internal market. This concerns, in particular, competitiveness, standardisation, mutual recognition, consumer protection, market surveillance and food chain regulation but also rules concerning business, trade and financial transactions and the promotion of fair competition providing for a level playing field essential for the functioning of the internal market for the benefit of consumers and businesses. [Am. 3] |
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(3)

The substantial body of Union legislation underpins the functioning of the internal market. This concerns, in particular, competitiveness, standardisation, mutual recognition, consumer protection, market surveillance and food chain regulation but also rules concerning business, trade and financial transactions and the promotion of fair competition providing for a level playing field essential for the functioning of the internal market for the benefit of consumers and businesses. [Am. 3]

| (4) | Still, unjustified, discriminatory and disproportionate barriers to the proper functioning of the internal market, remain and the new obstacles emerge. Adopting rules is only a first step, but making them work is as important. This Inadequate enforcement of existing rules, barriers to free movement of goods and services, and low levels of cross-border public procurement limit the opportunities for businesses and consumers. Addressing such obstacles is ultimately a matter of citizens' trust in the Union, in its capacity to deliver, and its ability to create quality jobs and growth while protecting the public interest. [Am. 4] |
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(4)

Still, unjustified, discriminatory and disproportionate barriers to the proper functioning of the internal market, remain and the new obstacles emerge. Adopting rules is only a first step, but making them work is as important. This Inadequate enforcement of existing rules, barriers to free movement of goods and services, and low levels of cross-border public procurement limit the opportunities for businesses and consumers. Addressing such obstacles is ultimately a matter of citizens' trust in the Union, in its capacity to deliver, and its ability to create quality jobs and growth while protecting the public interest. [Am. 4]

| (5) | Several programmes for Union action exist currently in the fields of competitiveness of enterprises including SMEs, especially micro, small and medium-sized enterprises, consumer protection, customers and end-users in financial services, policy making in financial services and food chain. Some additional activities are financed directly under the internal market budget lines. It is necessary to streamline and exploit synergies between various actions and provide for a more flexible, transparent, simplified and agile framework to finance activities aiming to achieve a well-functioning and sustainable internal market in the most cost-efficient manner. It is therefore necessary to establish a new programme bringing together activities financed previously under those other programmes and other relevant budget lines that draws the lessons to be learned from existing programmes. The programme should also include new initiatives which aim to improve the functioning of the internal market, avoiding duplication with related Union programmes and actions. [Am. 5] |
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(5)

Several programmes for Union action exist currently in the fields of competitiveness of enterprises including SMEs, especially micro, small and medium-sized enterprises, consumer protection, customers and end-users in financial services, policy making in financial services and food chain. Some additional activities are financed directly under the internal market budget lines. It is necessary to streamline and exploit synergies between various actions and provide for a more flexible, transparent, simplified and agile framework to finance activities aiming to achieve a well-functioning and sustainable internal market in the most cost-efficient manner. It is therefore necessary to establish a new programme bringing together activities financed previously under those other programmes and other relevant budget lines that draws the lessons to be learned from existing programmes. The programme should also include new initiatives which aim to improve the functioning of the internal market, avoiding duplication with related Union programmes and actions. [Am. 5]

| (6) | The development, production and dissemination of European statistics are subject to a separate European Statistical Programme established by Regulation (EU) No 99/2013 of the European Parliament and of the Council (4). In order to provide continuity of producing and disseminating European statistics, the new programme should also include activities covered by the existing European Statistical Programme by providing a framework for the collection of data, as well as for the development, production, the correct use, application and dissemination of European statistics. The new programme should establish the financial framework for European statistics to provide high-quality, comparable and reliable European statistics on Europe, also on matters such trade and migration, in order to underpin the design, implementation, monitoring and evaluation of all Union policies in accordance with Article 3 of the Treaty on European Union (TEU). [Am. 6] |
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(6)

The development, production and dissemination of European statistics are subject to a separate European Statistical Programme established by Regulation (EU) No 99/2013 of the European Parliament and of the Council (4). In order to provide continuity of producing and disseminating European statistics, the new programme should also include activities covered by the existing European Statistical Programme by providing a framework for the collection of data, as well as for the development, production, the correct use, application and dissemination of European statistics. The new programme should establish the financial framework for European statistics to provide high-quality, comparable and reliable European statistics on Europe, also on matters such trade and migration, in order to underpin the design, implementation, monitoring and evaluation of all Union policies in accordance with Article 3 of the Treaty on European Union (TEU). [Am. 6]

| (7) | It is therefore appropriate to establish a the Single Market Programme for strengthening the internal market, and improving its functioning in the fields of competitiveness and sustainability of enterprises, including especially micro, small and medium-sized enterprises, standardisation, market surveillance, consumer protection, food supply chain and European statistics (the ‘Programme’). The Programme should be established for the duration of seven years from 2021 to 2027. [Am. 7] |
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(7)

It is therefore appropriate to establish a the Single Market Programme for strengthening the internal market, and improving its functioning in the fields of competitiveness and sustainability of enterprises, including especially micro, small and medium-sized enterprises, standardisation, market surveillance, consumer protection, food supply chain and European statistics (the ‘Programme’). The Programme should be established for the duration of seven years from 2021 to 2027. [Am. 7]

| (8) | The Programme should support the design, implementation and enforcement of Union legislation underpinning the proper functioning of the internal market. The Programme should support the creation of the right conditions to empower all actors of the internal market: businesses, citizens including consumers, and employees, civil society and public authorities. To that end, the Programme should aim to ensure the competitiveness and sustainability of businesses, notably SMEs, especially micro, small and medium-sized enterprises, including those in the tourism sector, but also supporting the enforcement of consumer protection and safety rules as well as environmental and social standards, and by raising the awareness of businesses and individuals by providing them with the right tools, appropriate information and assistance, knowledge and competence to make informed decisions and strengthen their participation in Union’s policy-making. Furthermore, the Programme should aim to enhance regulatory and administrative cooperation, notably through training programmes, exchange of best practices, building of knowledge and competence bases, including the use of strategic public procurement. The Programme should also aim to support the development of high-quality international standards that underpin the implementation of Union legislation. This also includes standard setting in the field of financial reporting and audit, thereby contributing to the transparency and well-functioning of the Union’s capital markets and to enhancing investor protection. The Programme should support rulemaking and standard setting also by ensuring the broadest possible stakeholder involvement. The objective of the Programme should also be to support the implementation and enforcement of Union legislation providing for a high level of health for humans, animals and plants along the food chain and the improvement of the welfare of animals. [Am. 8] |
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(8)

The Programme should support the design, implementation and enforcement of Union legislation underpinning the proper functioning of the internal market. The Programme should support the creation of the right conditions to empower all actors of the internal market: businesses, citizens including consumers, and employees, civil society and public authorities. To that end, the Programme should aim to ensure the competitiveness and sustainability of businesses, notably SMEs, especially micro, small and medium-sized enterprises, including those in the tourism sector, but also supporting the enforcement of consumer protection and safety rules as well as environmental and social standards, and by raising the awareness of businesses and individuals by providing them with the right tools, appropriate information and assistance, knowledge and competence to make informed decisions and strengthen their participation in Union’s policy-making. Furthermore, the Programme should aim to enhance regulatory and administrative cooperation, notably through training programmes, exchange of best practices, building of knowledge and competence bases, including the use of strategic public procurement. The Programme should also aim to support the development of high-quality international standards that underpin the implementation of Union legislation. This also includes standard setting in the field of financial reporting and audit, thereby contributing to the transparency and well-functioning of the Union’s capital markets and to enhancing investor protection. The Programme should support rulemaking and standard setting also by ensuring the broadest possible stakeholder involvement. The objective of the Programme should also be to support the implementation and enforcement of Union legislation providing for a high level of health for humans, animals and plants along the food chain and the improvement of the welfare of animals. [Am. 8]

| (9) | A modern internal market that is based on principles of fairness, transparency and mutual trust, promotes competition and benefits consumers, businesses and employees. Making better use of the ever evolving internal market in services should help European businesses create jobs and grow across borders, offer wider choice of services at better prices, and maintain high standards for consumers and workers. To achieve this, the Programme should contribute to better monitoring of internal market developments, including of the impact of new technological development, the identification and the removal of remaining unjustified, discriminatory and disproportionate barriers, and to ensure a that the regulatory framework that can accommodate new innovative business models, including collaborative economy models and social entrepreneurship, while ensuring a high-level of social protection, including for entrepreneurs. [Am. 9] |
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(9)

A modern internal market that is based on principles of fairness, transparency and mutual trust, promotes competition and benefits consumers, businesses and employees. Making better use of the ever evolving internal market in services should help European businesses create jobs and grow across borders, offer wider choice of services at better prices, and maintain high standards for consumers and workers. To achieve this, the Programme should contribute to better monitoring of internal market developments, including of the impact of new technological development, the identification and the removal of remaining unjustified, discriminatory and disproportionate barriers, and to ensure a that the regulatory framework that can accommodate new innovative business models, including collaborative economy models and social entrepreneurship, while ensuring a high-level of social protection, including for entrepreneurs. [Am. 9]

| (10) | Regulatory obstacles in the internal market have been removed for many industrial products through prevention mechanisms, the adoption of common rules and standards, and, where no such Union rules exist, through the principle of mutual recognition. In areas where no Union legislation exists, the principle of mutual recognition means that goods that are lawfully marketed in one Member State enjoy the right to free movement and can be sold in another Member State, unless the Member State concerned has grounds to oppose the marketing of the goods, provided that such a restriction is non-discriminatory, justified by legitimate public interest objectives, as set out in Article 36 of the Treaty on the Functioning of the European Union (TFEU) or recognised by the case-law of the Court of Justice, and proportionate to the aim pursued. However, inadequate application of mutual recognition such as unjustified or disproportionate restrictions makes it harder for companies to access markets in other Member States. Despite the high degree of market integration in the area of goods, this leads to lost opportunities for the economy at large. The revision of Regulation (EU) No xxx/ 2018 on Mutual Recognition will help to boost the economic benefits in this area. The Programme should therefore aim to improve the application of mutual recognition in the area of goods, realising its full potential and to reduce the number of illegal and non-compliant goods entering the market, through targeted awareness raising and training, support for Product Contact Points and better cooperation among competent authorities for mutual recognition and by strengthening market surveillance. [Am. 10] |
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(10)

Regulatory obstacles in the internal market have been removed for many industrial products through prevention mechanisms, the adoption of common rules and standards, and, where no such Union rules exist, through the principle of mutual recognition. In areas where no Union legislation exists, the principle of mutual recognition means that goods that are lawfully marketed in one Member State enjoy the right to free movement and can be sold in another Member State, unless the Member State concerned has grounds to oppose the marketing of the goods, provided that such a restriction is non-discriminatory, justified by legitimate public interest objectives, as set out in Article 36 of the Treaty on the Functioning of the European Union (TFEU) or recognised by the case-law of the Court of Justice, and proportionate to the aim pursued. However, inadequate application of mutual recognition such as unjustified or disproportionate restrictions makes it harder for companies to access markets in other Member States. Despite the high degree of market integration in the area of goods, this leads to lost opportunities for the economy at large. The revision of Regulation (EU) No xxx/ 2018 on Mutual Recognition will help to boost the economic benefits in this area. The Programme should therefore aim to improve the application of mutual recognition in the area of goods, realising its full potential and to reduce the number of illegal and non-compliant goods entering the market, through targeted awareness raising and training, support for Product Contact Points and better cooperation among competent authorities for mutual recognition and by strengthening market surveillance. [Am. 10]

| (11) | New regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution, concerning issues such as cybersecurity, data protection and privacy, internet of things or artificial intelligence and related ethical standards. Should damage occur, stringent rules on product safety and clarity with regard to liability, as well as strict enforcement of rules are essential to ensure a policy response that allows European citizens, including consumers and businesses, to benefit from such rules. The Programme should therefore contribute to the rapid adaptation and better enforcement of a Union product liability regime which fosters innovation whilst ensuring the safety and security of users. [Am. 11] |
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(11)

New regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution, concerning issues such as cybersecurity, data protection and privacy, internet of things or artificial intelligence and related ethical standards. Should damage occur, stringent rules on product safety and clarity with regard to liability, as well as strict enforcement of rules are essential to ensure a policy response that allows European citizens, including consumers and businesses, to benefit from such rules. The Programme should therefore contribute to the rapid adaptation and better enforcement of a Union product liability regime which fosters innovation whilst ensuring the safety and security of users. [Am. 11]

| (12) | Placing on the market of products that are not compliant with Union law puts regardless of whether such products are placed on the market by traditional or electronic means and regardless of whether they are produced in the Union or enter it from third countries, puts Union citizens and consumers at risk. Economic operators selling compliant products face distorted competition from those who do not comply at disadvantage and may endanger consumers. Many entrepreneurs disregard with the rules either through due to lack of knowledge or intentionally to gain a competitive advantage. Market surveillance authorities are often underfunded and constrained by national boundaries, while entrepreneurs trade at Union or even global level. In particular, in the case of e-commerce, market surveillance authorities have great difficulties in tracing non-compliant products imported from third countries and identifying the responsible entity within their jurisdiction or conducting risk-assessments or safety tests due to the lack of physical access to products. The Programme should therefore seek to strengthen product compliance by strengthening market surveillance, providing the right incentives to entrepreneursclear, transparent and comprehensive rules to economic operators, raising awareness of applicable Union product safety rules, intensifying compliance checks and, including through systematic use of checks on samples of products representing significant percentages of each type of products placed on the market and mystery shopping carried out by market surveillance authorities as well as by promoting closer cross-border cooperation among enforcement authorities. The Programme should also contribute to the consolidation of the existing framework for market surveillance activities, encourage joint actions of market surveillance authorities from different Member States, improve the exchange of information and promote convergence and closer integration of market surveillance activities, in particular by ensuring that the new requirements introduced by the Regulation (EU) 2018/858 of the European Parliament and of the Council (5) are strictly enforced so as to avoid the sale of non-compliant products to European citizens. The Programme should thus strengthen the capacity of the market surveillance authorities across the Union and contribute to a greater homogeneity between Member States, equally benefitting from the Internal Market in terms of economic prosperity and sustainable growth, while addressing their specific needs in a tailored manner. [Am. 12] |
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(12)

Placing on the market of products that are not compliant with Union law puts regardless of whether such products are placed on the market by traditional or electronic means and regardless of whether they are produced in the Union or enter it from third countries, puts Union citizens and consumers at risk. Economic operators selling compliant products face distorted competition from those who do not comply at disadvantage and may endanger consumers. Many entrepreneurs disregard with the rules either through due to lack of knowledge or intentionally to gain a competitive advantage. Market surveillance authorities are often underfunded and constrained by national boundaries, while entrepreneurs trade at Union or even global level. In particular, in the case of e-commerce, market surveillance authorities have great difficulties in tracing non-compliant products imported from third countries and identifying the responsible entity within their jurisdiction or conducting risk-assessments or safety tests due to the lack of physical access to products. The Programme should therefore seek to strengthen product compliance by strengthening market surveillance, providing the right incentives to entrepreneursclear, transparent and comprehensive rules to economic operators, raising awareness of applicable Union product safety rules, intensifying compliance checks and, including through systematic use of checks on samples of products representing significant percentages of each type of products placed on the market and mystery shopping carried out by market surveillance authorities as well as by promoting closer cross-border cooperation among enforcement authorities. The Programme should also contribute to the consolidation of the existing framework for market surveillance activities, encourage joint actions of market surveillance authorities from different Member States, improve the exchange of information and promote convergence and closer integration of market surveillance activities, in particular by ensuring that the new requirements introduced by the Regulation (EU) 2018/858 of the European Parliament and of the Council (5) are strictly enforced so as to avoid the sale of non-compliant products to European citizens. The Programme should thus strengthen the capacity of the market surveillance authorities across the Union and contribute to a greater homogeneity between Member States, equally benefitting from the Internal Market in terms of economic prosperity and sustainable growth, while addressing their specific needs in a tailored manner. [Am. 12]

| (13) | Product safety is a common concern. The conformity assessment bodies verify whether products meet the safety requirements before they are placed on the market. It is therefore of paramount importance that the conformity assessment bodies are reliable and competent. The Union has put in place a system of accreditation of the conformity assessment bodies, verifying their competence, impartiality and independence. However, Regulation (EC) No 765/2008 of the European Parliament and of the Council (6) has been implemented in many different ways at national level. Those differences concern the distribution of competences between market surveillance authorities and the internal coordination mechanisms at national level, the level of deployed financial resources dedicated to market surveillance and the market surveillance strategies and approaches, as well as the powers with regard to non-compliant products and the level of penalties for infringements, resulting in the fragmented enforcement of Union harmonisation legislation. This fragmentation has led to market surveillance being more rigorous in some Member States than in others, potentially undermining the deterrent effect of the legislation, creating an unequal playing field among businesses in some Member States and resulting in imbalances in the level of product safety in the Union. The main challenge is now to keep the accreditation system in line with the latest state of the art and to ensure that it is applied with the same stringency across the Union. The Programme should therefore support measures to ensure that conformity assessment bodies continue fulfilling the regulatory requirements, especially through the use of third-party assessment in order to improve impartial and independent procedures, and to enhance the European accreditation system, in particular in new policy areas, by supporting the uniformity of checks and penalties, as well as the European co-operation for Accreditation (EA) referred to in Article 14 of Regulation (EC) No 765/2008. [Am. 13] |
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(13)

Product safety is a common concern. The conformity assessment bodies verify whether products meet the safety requirements before they are placed on the market. It is therefore of paramount importance that the conformity assessment bodies are reliable and competent. The Union has put in place a system of accreditation of the conformity assessment bodies, verifying their competence, impartiality and independence. However, Regulation (EC) No 765/2008 of the European Parliament and of the Council (6) has been implemented in many different ways at national level. Those differences concern the distribution of competences between market surveillance authorities and the internal coordination mechanisms at national level, the level of deployed financial resources dedicated to market surveillance and the market surveillance strategies and approaches, as well as the powers with regard to non-compliant products and the level of penalties for infringements, resulting in the fragmented enforcement of Union harmonisation legislation. This fragmentation has led to market surveillance being more rigorous in some Member States than in others, potentially undermining the deterrent effect of the legislation, creating an unequal playing field among businesses in some Member States and resulting in imbalances in the level of product safety in the Union. The main challenge is now to keep the accreditation system in line with the latest state of the art and to ensure that it is applied with the same stringency across the Union. The Programme should therefore support measures to ensure that conformity assessment bodies continue fulfilling the regulatory requirements, especially through the use of third-party assessment in order to improve impartial and independent procedures, and to enhance the European accreditation system, in particular in new policy areas, by supporting the uniformity of checks and penalties, as well as the European co-operation for Accreditation (EA) referred to in Article 14 of Regulation (EC) No 765/2008. [Am. 13]

| (14) | The development of e-commerce could raise certain issues regarding the protection of health and safety of end users from non- compliant products. As consumer markets know no borders with the development of online trade and travel services, it is important to ensure that consumers residing in the Union can benefit from adequate equivalent protection when importing goods and services from economic operators based in third countries. The Programme should therefore allow supporting cooperation with relevant bodies located in key trading third country partners of the Union where necessary with regard to the exchange of information on non-compliant products, on recent scientific developments and new technologies, on emerging risks and on other aspects related to control activities. [Am. 14] |
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(14)

The development of e-commerce could raise certain issues regarding the protection of health and safety of end users from non- compliant products. As consumer markets know no borders with the development of online trade and travel services, it is important to ensure that consumers residing in the Union can benefit from adequate equivalent protection when importing goods and services from economic operators based in third countries. The Programme should therefore allow supporting cooperation with relevant bodies located in key trading third country partners of the Union where necessary with regard to the exchange of information on non-compliant products, on recent scientific developments and new technologies, on emerging risks and on other aspects related to control activities. [Am. 14]

| (15) | Public procurement is used by public authorities to ensure value for public money spent and to contribute to a more innovative, sustainable, inclusive and competitive internal market, including, where this is in accordance with applicable Union law, by applying criteria other than simply the lowest price or cost effectiveness, taking into account, among others, qualitative, environmental, fair trade and social aspects and by facilitating the division of tenders into lots for large infrastructure. Directives 2014/23/EU (7), 2014/24/EU (8) and 2014/25/EU (9) of the European Parliament and of the Council provide the legal framework for the integration and effective functioning of the public procurement markets representing 14 % of Union’s gross domestic product, to the benefit of public authorities, businesses as well as citizens, including consumers. Correctly implemented public procurement rules are a crucial tool for strengthening the single market and for boosting the growth of Union companies and Union jobs. The Programme should therefore support measures to ensure a wider uptake of strategic public procurement, the professionalisation of public buyers, improved to facilitate and improve access to procurement markets for SMEs and micro enterprises, in particular through advisory services and training, increase of transparency, integrity and better data, boosting the digital transformation of procurement and promotion of joint procurement, through strengthening a partnership approach with the Member States, improving data gathering and data analysis including through development of dedicated IT tools, supporting exchange of experiences and good practices, referencing European and international standards, providing guidance, pursuing beneficial trade agreements, strengthening cooperation among national authorities and launching pilot projects. [Am. 15] |
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(15)

Public procurement is used by public authorities to ensure value for public money spent and to contribute to a more innovative, sustainable, inclusive and competitive internal market, including, where this is in accordance with applicable Union law, by applying criteria other than simply the lowest price or cost effectiveness, taking into account, among others, qualitative, environmental, fair trade and social aspects and by facilitating the division of tenders into lots for large infrastructure. Directives 2014/23/EU (7), 2014/24/EU (8) and 2014/25/EU (9) of the European Parliament and of the Council provide the legal framework for the integration and effective functioning of the public procurement markets representing 14 % of Union’s gross domestic product, to the benefit of public authorities, businesses as well as citizens, including consumers. Correctly implemented public procurement rules are a crucial tool for strengthening the single market and for boosting the growth of Union companies and Union jobs. The Programme should therefore support measures to ensure a wider uptake of strategic public procurement, the professionalisation of public buyers, improved to facilitate and improve access to procurement markets for SMEs and micro enterprises, in particular through advisory services and training, increase of transparency, integrity and better data, boosting the digital transformation of procurement and promotion of joint procurement, through strengthening a partnership approach with the Member States, improving data gathering and data analysis including through development of dedicated IT tools, supporting exchange of experiences and good practices, referencing European and international standards, providing guidance, pursuing beneficial trade agreements, strengthening cooperation among national authorities and launching pilot projects. [Am. 15]

| (16) | In order to meet the objectives of the Programme and to facilitate the lives of citizens and businesses, high-quality user-centric public services, increasingly digitally-oriented and fully accessible, need to be put in place and e-administration and e-government efforts further boosted while ensuring appropriate data protection and privacy. This implies that public administrations will need to start working in new, more innovative ways, in order to bring down silos between the different parts of their administrations, and to engage in the co-creation of these public services with citizens and businesses. Moreover, the continuous and steady increase of cross-border activities in the internal market requires provision the availability of up-to-date, accurate and easy to understand information on the rights of businesses and citizens, but also information explaining the administrative formalities, as well as simplifying them. In addition, provision of legal advice and helping to solve problems which occur at cross national level becomes essential. Furthermore, connecting national administrations in a simple and efficient manner, supporting public authorities in achieving those objectives, as well as evaluating how the internal market works on the ground is necessary. The existing internal market governance tools already play an important role in facilitating the achievement of those objectives. To this end, and in order to keep up with technology and market developments, as well as with new regulatory and enforcement challenges, the Programme should support the enhancement of quality, visibility and transparency and of the reliability of the internal market governance tools. The Programme should therefore support, amongst others the following existing internal market governance tools: the Your Europe Portal which should be a backbone of the upcoming Single Digital Gateway, Your Europe Advice, SOLVIT, the Internal Market Information system and the Single Market Scoreboard in order to improve citizens' daily lives and businesses' ability to trade across borders. [Am. 16] |
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(16)

In order to meet the objectives of the Programme and to facilitate the lives of citizens and businesses, high-quality user-centric public services, increasingly digitally-oriented and fully accessible, need to be put in place and e-administration and e-government efforts further boosted while ensuring appropriate data protection and privacy. This implies that public administrations will need to start working in new, more innovative ways, in order to bring down silos between the different parts of their administrations, and to engage in the co-creation of these public services with citizens and businesses. Moreover, the continuous and steady increase of cross-border activities in the internal market requires provision the availability of up-to-date, accurate and easy to understand information on the rights of businesses and citizens, but also information explaining the administrative formalities, as well as simplifying them. In addition, provision of legal advice and helping to solve problems which occur at cross national level becomes essential. Furthermore, connecting national administrations in a simple and efficient manner, supporting public authorities in achieving those objectives, as well as evaluating how the internal market works on the ground is necessary. The existing internal market governance tools already play an important role in facilitating the achievement of those objectives. To this end, and in order to keep up with technology and market developments, as well as with new regulatory and enforcement challenges, the Programme should support the enhancement of quality, visibility and transparency and of the reliability of the internal market governance tools. The Programme should therefore support, amongst others the following existing internal market governance tools: the Your Europe Portal which should be a backbone of the upcoming Single Digital Gateway, Your Europe Advice, SOLVIT, the Internal Market Information system and the Single Market Scoreboard in order to improve citizens' daily lives and businesses' ability to trade across borders. [Am. 16]

| (17) | The Programme should support the development of the Union regulatory framework in the area of company law and corporate governance, as well as contract law, with a view to make business, especially SMEs, more efficient and competitive while providing protection for stakeholders affected by company operations, and to react to emerging policy challenges. It should also ensure appropriate evaluation, implementation and enforcement of the relevant acquis, inform and assist stakeholders and promote information exchange in the area. The Programme should further support the Commission's initiatives in favour of a clear and adapted legal framework for the data economy and innovation. Those initiatives are necessary to enhance legal certainty with regard to contractual and extra contractual law, in particular with regard to liability and ethics in the context of emerging technologies, such as internet of things, artificial intelligence, robotics, 3D Printing. The Programme should aim at stimulating the development of data-driven business whilst ensuring a high level of privacy protection, as it will be decisive for the position of the Union economy in a global competition. [Am. 17] |
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(17)

The Programme should support the development of the Union regulatory framework in the area of company law and corporate governance, as well as contract law, with a view to make business, especially SMEs, more efficient and competitive while providing protection for stakeholders affected by company operations, and to react to emerging policy challenges. It should also ensure appropriate evaluation, implementation and enforcement of the relevant acquis, inform and assist stakeholders and promote information exchange in the area. The Programme should further support the Commission's initiatives in favour of a clear and adapted legal framework for the data economy and innovation. Those initiatives are necessary to enhance legal certainty with regard to contractual and extra contractual law, in particular with regard to liability and ethics in the context of emerging technologies, such as internet of things, artificial intelligence, robotics, 3D Printing. The Programme should aim at stimulating the development of data-driven business whilst ensuring a high level of privacy protection, as it will be decisive for the position of the Union economy in a global competition. [Am. 17]

| (18) | The Programme should also promote the correct and full implementation and application of the Union legal framework for anti-money laundering and countering terrorism financing by the Member States and the development of future policies to address new challenges in the field. It should also support the relevant activities of the international organisations of European interest, such as the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism of the Council of Europe. |
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(18)

The Programme should also promote the correct and full implementation and application of the Union legal framework for anti-money laundering and countering terrorism financing by the Member States and the development of future policies to address new challenges in the field. It should also support the relevant activities of the international organisations of European interest, such as the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism of the Council of Europe.

| (19) | The implementation and development of the internal market in the area of financial services, financial stability and the Capital Markets Union including sustainable finance, highly depends on the evidence based policy measures taken by the Union. In order to achieve this objective, the Commission should have an active role in constantly monitoring financial markets and financial stability, assessing the implementation of Union legislation by Member States, evaluating whether the existing legislation is fit for purpose and identifying potential areas of action where new risks emerge, with a continuous involvement of stakeholders throughout the policy cycle. Such activities rely on the production of analyses, studies, training materials, surveys, conformity assessments, evaluations and statistics and are supported by IT systems and communication tools. |
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(19)

The implementation and development of the internal market in the area of financial services, financial stability and the Capital Markets Union including sustainable finance, highly depends on the evidence based policy measures taken by the Union. In order to achieve this objective, the Commission should have an active role in constantly monitoring financial markets and financial stability, assessing the implementation of Union legislation by Member States, evaluating whether the existing legislation is fit for purpose and identifying potential areas of action where new risks emerge, with a continuous involvement of stakeholders throughout the policy cycle. Such activities rely on the production of analyses, studies, training materials, surveys, conformity assessments, evaluations and statistics and are supported by IT systems and communication tools.

| (20) | Considering that the internal market as set out in Article 3 of the TFEU European Union includes a system of rules ensuring that competition is not distorted in the internal market, the Programme should contribute to support the Union’s competition policy, networks and by improving and reinforcing the cooperation with the European Competition Network and with national authorities and courts, including by way of strengthening international cooperation as well as outreach to a wider group of stakeholders in communicating and explaining the rights, benefits and obligations of Union competition policy. The Programme should in particular help the Commission to enhance its analysis and assessment of market developments, also through extensive use of sector inquiries and by systematic sharing of results and best practices within the European Competition Network. This should contribute to ensuring fair competition and a level playing field, also at international level, and empowering businesses, in particular SMEs, and consumers in order to reap the benefits of the Single Market. [Am. 18] |
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(20)

Considering that the internal market as set out in Article 3 of the TFEU European Union includes a system of rules ensuring that competition is not distorted in the internal market, the Programme should contribute to support the Union’s competition policy, networks and by improving and reinforcing the cooperation with the European Competition Network and with national authorities and courts, including by way of strengthening international cooperation as well as outreach to a wider group of stakeholders in communicating and explaining the rights, benefits and obligations of Union competition policy. The Programme should in particular help the Commission to enhance its analysis and assessment of market developments, also through extensive use of sector inquiries and by systematic sharing of results and best practices within the European Competition Network. This should contribute to ensuring fair competition and a level playing field, also at international level, and empowering businesses, in particular SMEs, and consumers in order to reap the benefits of the Single Market. [Am. 18]

| (21) | The Programme in particular needs to tackle the radical implications for competition and the functioning of the internal market resulting from the ongoing transformation of the economy and business environment, in particular through the exponential growth and use of data, taking account of the increasing recourse to artificial intelligence, big data and algorithms and other IT tools and expertise by companies and their advisors. It is also essential that the Programme supports networks and cooperation a wider and deeper engagement with Member State authorities and courts, considering that undistorted competition and the functioning of the internal market depend critically on action by those entities. In view of the particular role of competition policy in preventing harm to the internal market resulting from anticompetitive conduct beyond the Union’s border, the Programme should also support cooperation with third country authorities, as appropriate. Finally, widening outreach activities is necessary in order to allow more citizens and businesses to reap the full benefits of fair competition in the internal market. In particular, it is necessary to demonstrate the tangible benefits of the Union`s competition policy to the European citizens through engagement with civil society groups and relevant directly impacted stakeholders. Given that a number of initiatives in the Programme are new and that the competition part of the Programme is particularly affected by dynamic and rapid developments in the conditions of competition in the internal market, notably relating to digital developments, Artificial Intelligence, algorithms, big data, cybersecurity and forensic technology, the pace and magnitude of which are difficult to estimate, it is anticipated that flexibility will be required to face the evolving needs under this part of the Programme. [Am. 19] |
| --- | --- |

(21)

The Programme in particular needs to tackle the radical implications for competition and the functioning of the internal market resulting from the ongoing transformation of the economy and business environment, in particular through the exponential growth and use of data, taking account of the increasing recourse to artificial intelligence, big data and algorithms and other IT tools and expertise by companies and their advisors. It is also essential that the Programme supports networks and cooperation a wider and deeper engagement with Member State authorities and courts, considering that undistorted competition and the functioning of the internal market depend critically on action by those entities. In view of the particular role of competition policy in preventing harm to the internal market resulting from anticompetitive conduct beyond the Union’s border, the Programme should also support cooperation with third country authorities, as appropriate. Finally, widening outreach activities is necessary in order to allow more citizens and businesses to reap the full benefits of fair competition in the internal market. In particular, it is necessary to demonstrate the tangible benefits of the Union`s competition policy to the European citizens through engagement with civil society groups and relevant directly impacted stakeholders. Given that a number of initiatives in the Programme are new and that the competition part of the Programme is particularly affected by dynamic and rapid developments in the conditions of competition in the internal market, notably relating to digital developments, Artificial Intelligence, algorithms, big data, cybersecurity and forensic technology, the pace and magnitude of which are difficult to estimate, it is anticipated that flexibility will be required to face the evolving needs under this part of the Programme. [Am. 19]

| (22) | Strengthening the competitiveness and sustainability of European enterprises while reassuring an effective level playing field and an open and competitive internal market is of outmost importance. SMEs are the engine of the European economy making up 99 % of all businesses in Europe, providing two thirds of jobs, and contributing substantially to the creation of new jobs quality jobs in all sectors with a regional and local dimension, and hence social cohesion. SMEs are instrumental in pursuing the energy transition and contributing to the achievement of the Union's climate objectives deriving from the Paris Agreement. The Programme should therefore enhance their capacity to develop environmentally-friendly high quality products and services and support their efforts to increase resource-efficiency, in line with the ‘energy efficiency first’ principle. In doing so, the Programme also contributes to improve Union SMEs competitiveness on the global market. [Am. 20] |
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(22)

Strengthening the competitiveness and sustainability of European enterprises while reassuring an effective level playing field and an open and competitive internal market is of outmost importance. SMEs are the engine of the European economy making up 99 % of all businesses in Europe, providing two thirds of jobs, and contributing substantially to the creation of new jobs quality jobs in all sectors with a regional and local dimension, and hence social cohesion. SMEs are instrumental in pursuing the energy transition and contributing to the achievement of the Union's climate objectives deriving from the Paris Agreement. The Programme should therefore enhance their capacity to develop environmentally-friendly high quality products and services and support their efforts to increase resource-efficiency, in line with the ‘energy efficiency first’ principle. In doing so, the Programme also contributes to improve Union SMEs competitiveness on the global market. [Am. 20]

| (23) | SMEs share common challenges that do not affect larger firms to the same extent to obtain finance, to find skilled work force, to alleviate administrative burden, to take-up creativity and innovation, to access markets and foster internationalisation activities. The Programme should address such market failures proportionally, while not unduly distorting competition in the internal market. The Programme should in particular create appropriate conditions to introduce technological and organisational innovation in the production processes, paying attention to specific forms of SMEs such as micro enterprises, enterprises engaged in craft activities, the self-employed, the liberal professions and social economy enterprises. Attention should also be paid to potential, new, young and female entrepreneurs, as well as to other specific target groups, such as older people, migrants and entrepreneurs belonging to socially disadvantaged or vulnerable groups such as persons with disabilities. [Am. 21] |
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(23)

SMEs share common challenges that do not affect larger firms to the same extent to obtain finance, to find skilled work force, to alleviate administrative burden, to take-up creativity and innovation, to access markets and foster internationalisation activities. The Programme should address such market failures proportionally, while not unduly distorting competition in the internal market. The Programme should in particular create appropriate conditions to introduce technological and organisational innovation in the production processes, paying attention to specific forms of SMEs such as micro enterprises, enterprises engaged in craft activities, the self-employed, the liberal professions and social economy enterprises. Attention should also be paid to potential, new, young and female entrepreneurs, as well as to other specific target groups, such as older people, migrants and entrepreneurs belonging to socially disadvantaged or vulnerable groups such as persons with disabilities. [Am. 21]

| (23a) | The programme should support and promote a culture of innovation, developing an ecosystem capable of encouraging business start-ups and nurturing their growth, focusing on micro-enterprises and innovative SMEs able to meet the challenges of an increasingly competitive and fast-moving environment. Radically new innovation processes require the development of an open innovation model with an increase in collaborative research and the sharing of knowledge and intellectual property between different organisations. The Programme should accordingly seek to support the innovation process by incorporating new collaborative business models, focusing on networking and the sharing of knowledge and resources within inter-organisational communities. [Am. 22] |
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(23a)

The programme should support and promote a culture of innovation, developing an ecosystem capable of encouraging business start-ups and nurturing their growth, focusing on micro-enterprises and innovative SMEs able to meet the challenges of an increasingly competitive and fast-moving environment. Radically new innovation processes require the development of an open innovation model with an increase in collaborative research and the sharing of knowledge and intellectual property between different organisations. The Programme should accordingly seek to support the innovation process by incorporating new collaborative business models, focusing on networking and the sharing of knowledge and resources within inter-organisational communities. [Am. 22]

| (23b) | The Programme should address such market failures proportionally, paying special attention to actions that benefit directly SMEs and enterprise networks, and while not unduly distorting competition in the internal market. [Am. 23] |
| --- | --- |

(23b)

The Programme should address such market failures proportionally, paying special attention to actions that benefit directly SMEs and enterprise networks, and while not unduly distorting competition in the internal market. [Am. 23]

| (24) | Many of the Union's competitiveness problems involve SMEs' difficulties in obtaining access to finance because they lack information, struggle to demonstrate their credit-worthiness and have insufficient collateral or simply due to low awareness of existing mechanism to support their activities at Union, national or local level. Additional financing challenges arise from the smaller size of micro-enterprises and SMEs' need to stay competitive by engaging e.g. in digitisation, internationalisation and innovation activities and skilling up their workforce. Limited access to finance has a negative effect on businesses creation, growth and survival rates, as well as on the readiness of new entrepreneurs to take over viable companies in the context of a business succession. [Am. 24] |
| --- | --- |

(24)

Many of the Union's competitiveness problems involve SMEs' difficulties in obtaining access to finance because they lack information, struggle to demonstrate their credit-worthiness and have insufficient collateral or simply due to low awareness of existing mechanism to support their activities at Union, national or local level. Additional financing challenges arise from the smaller size of micro-enterprises and SMEs' need to stay competitive by engaging e.g. in digitisation, internationalisation and innovation activities and skilling up their workforce. Limited access to finance has a negative effect on businesses creation, growth and survival rates, as well as on the readiness of new entrepreneurs to take over viable companies in the context of a business succession. [Am. 24]

| (25) | To overcome these market failures and to ensure that SMEs continue to play their role as the foundation for the Union economy's competitiveness, and as a driver for a sustainable economy, small and medium-sized enterprises need extra support through debt and equity instruments to be established under the SME window of the InvestEU Fund established by Regulation [...] of the European Parliament and of the Council (10). The loan guarantee facility put in place under former COSME programme established by Regulation (EU) No 1287/2013 of the European Parliament and of the Council (11) has a proven added value and is expected to bring a positive contribution to at least 500 000 SMEs; a successor will be established under the SME window of the InvestEU Fund. More attention should be paid to better communication and public campaigns in order to increase awareness to potential beneficiaries of the availability of the Programme for SMEs. To raise the awareness of Union’s actions supporting SMEs, actions that are wholly or partially funded by this Programme, including intermediaries, should incorporate the European emblem (flag) associated to a sentence acknowledging the support received by this Programme. [Am. 25] |
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(25)

To overcome these market failures and to ensure that SMEs continue to play their role as the foundation for the Union economy's competitiveness, and as a driver for a sustainable economy, small and medium-sized enterprises need extra support through debt and equity instruments to be established under the SME window of the InvestEU Fund established by Regulation [...] of the European Parliament and of the Council (10). The loan guarantee facility put in place under former COSME programme established by Regulation (EU) No 1287/2013 of the European Parliament and of the Council (11) has a proven added value and is expected to bring a positive contribution to at least 500 000 SMEs; a successor will be established under the SME window of the InvestEU Fund. More attention should be paid to better communication and public campaigns in order to increase awareness to potential beneficiaries of the availability of the Programme for SMEs. To raise the awareness of Union’s actions supporting SMEs, actions that are wholly or partially funded by this Programme, including intermediaries, should incorporate the European emblem (flag) associated to a sentence acknowledging the support received by this Programme. [Am. 25]

| (26) | The policy objectives of this Programme will be also addressed through financial instruments and budgetary guarantee under the SME window of the InvestEU Fund. The SME window of the InvestEU Fund should have a central overarching point providing information about the Programme in each Member State, in order to increase the accessibility and awareness of the funds for SMEs. Financial support should be used to address market failures or sub-optimal investment situations, in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the internal market, and should clearly offer additionality and enhancing synergies with other European programmes. Actions should have a clear European added value. [Am. 26] |
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(26)

The policy objectives of this Programme will be also addressed through financial instruments and budgetary guarantee under the SME window of the InvestEU Fund. The SME window of the InvestEU Fund should have a central overarching point providing information about the Programme in each Member State, in order to increase the accessibility and awareness of the funds for SMEs. Financial support should be used to address market failures or sub-optimal investment situations, in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the internal market, and should clearly offer additionality and enhancing synergies with other European programmes. Actions should have a clear European added value. [Am. 26]

| (26a) | The actions supported by the InvestEU Fund through the EU compartment or the Member States compartment should not duplicate or replace private funding, or distort competition in the internal market, but, with reference to the local public and private guarantee schemes already operating, should facilitate their integration with such schemes, the overriding objective being to enhance and extend the actual benefits to final recipients, who are SMEs within the meaning of Commission Recommendation 2003/361/EC (12) in order to achieve genuine additionality of the measures. [Am. 27] |
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(26a)

The actions supported by the InvestEU Fund through the EU compartment or the Member States compartment should not duplicate or replace private funding, or distort competition in the internal market, but, with reference to the local public and private guarantee schemes already operating, should facilitate their integration with such schemes, the overriding objective being to enhance and extend the actual benefits to final recipients, who are SMEs within the meaning of Commission Recommendation 2003/361/EC (12) in order to achieve genuine additionality of the measures. [Am. 27]

| (26b) | Besides access to finance also access to skills is crucial, including managerial skills and knowledge are critical factors for SMEs to access existing funds, innovate, compete and grow. The delivery of financial instruments as envisaged under InvestEU Fund should therefore be accompanied by the development of appropriate mentoring, coaching schemes and by the delivery of knowledge-based business services. [Am. 28] |
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(26b)

Besides access to finance also access to skills is crucial, including managerial skills and knowledge are critical factors for SMEs to access existing funds, innovate, compete and grow. The delivery of financial instruments as envisaged under InvestEU Fund should therefore be accompanied by the development of appropriate mentoring, coaching schemes and by the delivery of knowledge-based business services. [Am. 28]

| (27) | The Programme should provide effective support for SMEs throughout their life-cycle, providing assistance ranging from project preparation through to commercialisation and access to the market, and encouraging the creation of business enterprise networks. It should build on the unique knowledge and expertise developed with regard to SMEs and industrial economic and entrepreneurial sectors and on a long experience in working with European, national and regional stakeholders. This support should build on the successful experience of the Enterprise Europe Network as a one-stop-shop to improve SMEs competitiveness and develop their business in the Single Market and beyond. The Network plans to continue delivering services on behalf of other Union programmes, notably for the Horizon2020 programme, using the financial resources of these programmes. It should also support enhanced participation of SMEs representatives’ organisation in the development of Single Market Policy initiative, such as public procurement, standardisation processes and intellectual property regimes. The Network should also increase the number of actions, providing more targeted advice to SMEs, in drafting projects and supporting networking and technological and organisational transition. The Network should also improve cooperation and liaison with other Advisory hubs established in the Digital programme and InvestEU Fund as regards access to finance. The actions for SMEs in the Network should also aim to provide high quality services across Europe, paying particular attention to areas of activities and geographical parts of the Union where the Networks and intermediary stakeholders do not meet expected results. Also the successful mentoring scheme for new entrepreneurs — Erasmus for Young Entrepreneurs — should remain the tool to enable new or aspiring entrepreneurs to gain business and managerial experience by matching with an experienced entrepreneur from another country and thus allow strengthening entrepreneurial talents. The Programme should further strive to grow and extend its geographical coverage and thus offer wider range of matching possibilities to entrepreneurs in complementarity with other Union initiatives where relevant. In order to increase the value added by the promotion of entrepreneurship initiatives, special attention should be paid to micro-enterprises and to those that have benefited the least from the existing programme, and where the culture of entrepreneurship remains at a very basic level, and faces more barriers. Every effort should be made to achieve reasonably geographically balanced distribution of the funds. [Am. 29] |
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(27)

The Programme should provide effective support for SMEs throughout their life-cycle, providing assistance ranging from project preparation through to commercialisation and access to the market, and encouraging the creation of business enterprise networks. It should build on the unique knowledge and expertise developed with regard to SMEs and industrial economic and entrepreneurial sectors and on a long experience in working with European, national and regional stakeholders. This support should build on the successful experience of the Enterprise Europe Network as a one-stop-shop to improve SMEs competitiveness and develop their business in the Single Market and beyond. The Network plans to continue delivering services on behalf of other Union programmes, notably for the Horizon2020 programme, using the financial resources of these programmes. It should also support enhanced participation of SMEs representatives’ organisation in the development of Single Market Policy initiative, such as public procurement, standardisation processes and intellectual property regimes. The Network should also increase the number of actions, providing more targeted advice to SMEs, in drafting projects and supporting networking and technological and organisational transition. The Network should also improve cooperation and liaison with other Advisory hubs established in the Digital programme and InvestEU Fund as regards access to finance. The actions for SMEs in the Network should also aim to provide high quality services across Europe, paying particular attention to areas of activities and geographical parts of the Union where the Networks and intermediary stakeholders do not meet expected results. Also the successful mentoring scheme for new entrepreneurs — Erasmus for Young Entrepreneurs — should remain the tool to enable new or aspiring entrepreneurs to gain business and managerial experience by matching with an experienced entrepreneur from another country and thus allow strengthening entrepreneurial talents. The Programme should further strive to grow and extend its geographical coverage and thus offer wider range of matching possibilities to entrepreneurs in complementarity with other Union initiatives where relevant. In order to increase the value added by the promotion of entrepreneurship initiatives, special attention should be paid to micro-enterprises and to those that have benefited the least from the existing programme, and where the culture of entrepreneurship remains at a very basic level, and faces more barriers. Every effort should be made to achieve reasonably geographically balanced distribution of the funds. [Am. 29]

| (27a) | More effort should be made to reduce the administrative burden and to increase the accessibility of the programmes in order to reduce costs of SMEs and microenterprises due to a complicated application process and participation requirements. Member States should also consider establishing a single information point for undertakings interested in using Union's funds functioning as a one-stop-shop. Evaluation procedure should be as simple and fast as possible in order to allow for timely use of the benefits the Programme offers. [Am. 30] |
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(27a)

More effort should be made to reduce the administrative burden and to increase the accessibility of the programmes in order to reduce costs of SMEs and microenterprises due to a complicated application process and participation requirements. Member States should also consider establishing a single information point for undertakings interested in using Union's funds functioning as a one-stop-shop. Evaluation procedure should be as simple and fast as possible in order to allow for timely use of the benefits the Programme offers. [Am. 30]

| (28) | Clusters are a strategic tool for supporting the competitiveness and scaling-up of SMEs as they offer favourable business environments, increase sustainable development of industry and services and strengthen the economic development of the regions through the creation of quality jobs. Joint Cluster Initiatives should achieve critical mass to accelerate the growth of SMEs. By connecting specialised eco-systems, clusters create new business opportunities for SMEs and integrate them better in European and global strategic value chains. Support should be provided for the development of transnational partnership strategies and the implementation of joint activities, supported by the European Cluster Collaboration Platform. Sustainable partnering should be encouraged with continuation funding if performance and participation milestones are reached. Direct support to SMEs should be channelled through cluster organisations for the following: uptake of advanced technologies, new business models, low-carbon and resource-efficient solutions, creativity and design, skills upgrading, talent attraction, entrepreneurship acceleration, and internationalisation. Other specialised SME support actors should be associated to facilitate industrial transformation and implementations of smart specialisation strategies. The Programme should thus contribute to growth sustainable economic development and build linkages with the Union's (digital) innovation hubs and investments made under Cohesion Policy and Horizon Europe. Synergies with the Erasmus programme can also be explored. [Am. 31] |
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(28)

Clusters are a strategic tool for supporting the competitiveness and scaling-up of SMEs as they offer favourable business environments, increase sustainable development of industry and services and strengthen the economic development of the regions through the creation of quality jobs. Joint Cluster Initiatives should achieve critical mass to accelerate the growth of SMEs. By connecting specialised eco-systems, clusters create new business opportunities for SMEs and integrate them better in European and global strategic value chains. Support should be provided for the development of transnational partnership strategies and the implementation of joint activities, supported by the European Cluster Collaboration Platform. Sustainable partnering should be encouraged with continuation funding if performance and participation milestones are reached. Direct support to SMEs should be channelled through cluster organisations for the following: uptake of advanced technologies, new business models, low-carbon and resource-efficient solutions, creativity and design, skills upgrading, talent attraction, entrepreneurship acceleration, and internationalisation. Other specialised SME support actors should be associated to facilitate industrial transformation and implementations of smart specialisation strategies. The Programme should thus contribute to growth sustainable economic development and build linkages with the Union's (digital) innovation hubs and investments made under Cohesion Policy and Horizon Europe. Synergies with the Erasmus programme can also be explored. [Am. 31]

| (28a) | The Programme could help build up and/or improve the relationship between micro-enterprises and SMEs and universities, research centres and other institutions involved in knowledge creation and dissemination. This relationship could help improve firms’ abilities to tackle the strategic challenges posed by the new international context. [Am. 32] |
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(28a)

The Programme could help build up and/or improve the relationship between micro-enterprises and SMEs and universities, research centres and other institutions involved in knowledge creation and dissemination. This relationship could help improve firms’ abilities to tackle the strategic challenges posed by the new international context. [Am. 32]

| (28b) | SMEs, owing to their smaller size, face specific obstacles to growth and have mayor difficulties in growing and scaling up some of their business activities. The Union has been providing support to scale up activities focusing on innovation on research mainly through the SME Instrument and the recently European Innovation Council pilot within the Horizon 2020 programme. Based on the working methods and experiences of the SME Instrument, the Single Market Programme should also provide support for scale-up activities by SMEs complimentary to the new EIC with its specific focus on break-through innovation under Horizon Europe. Scale up actions for SMEs under this programme should focus for instance in helping SMEs to scale up through commercialisation, internationalisation and on market driven-opportunities. [Am. 33] |
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(28b)

SMEs, owing to their smaller size, face specific obstacles to growth and have mayor difficulties in growing and scaling up some of their business activities. The Union has been providing support to scale up activities focusing on innovation on research mainly through the SME Instrument and the recently European Innovation Council pilot within the Horizon 2020 programme. Based on the working methods and experiences of the SME Instrument, the Single Market Programme should also provide support for scale-up activities by SMEs complimentary to the new EIC with its specific focus on break-through innovation under Horizon Europe. Scale up actions for SMEs under this programme should focus for instance in helping SMEs to scale up through commercialisation, internationalisation and on market driven-opportunities. [Am. 33]

| (29) | Creativity and innovation, technological and organisational transformation, enhanced sustainability in terms of production processes, in particular resource and energy efficiency, are crucial for the competitiveness of the Union's industrial value chains. They represent catalysts for industrial the modernisation of the business and industry sectors and contribute to smart, inclusive sustainable growth. However, uptake by SMEs is still lagging behind. The Programme should therefore support targeted actions, networks and partnerships for creativity-driven innovation throughout the industrial value chain. [Am. 34] |
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(29)

Creativity and innovation, technological and organisational transformation, enhanced sustainability in terms of production processes, in particular resource and energy efficiency, are crucial for the competitiveness of the Union's industrial value chains. They represent catalysts for industrial the modernisation of the business and industry sectors and contribute to smart, inclusive sustainable growth. However, uptake by SMEs is still lagging behind. The Programme should therefore support targeted actions, networks and partnerships for creativity-driven innovation throughout the industrial value chain. [Am. 34]

| (29a) | Recognising that the SME Instrument under Horizon 2020 has been extremely successful for entrepreneurs through both phase1 and phase2 grants in advancing and their new business idea and testing and developing a prototype. While the selection process is already very rigorous, still many very good projects cannot be financed because of limited financial resources. The implementation in the frame of the Executive Agency for Small and Medium-sized Enterprises (EASME) has been working very efficiently. While the focus of that programme is on high-tech projects, this Program should extend the methodology to any type of scale-up SMEs. [Am. 35] |
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(29a)

Recognising that the SME Instrument under Horizon 2020 has been extremely successful for entrepreneurs through both phase1 and phase2 grants in advancing and their new business idea and testing and developing a prototype. While the selection process is already very rigorous, still many very good projects cannot be financed because of limited financial resources. The implementation in the frame of the Executive Agency for Small and Medium-sized Enterprises (EASME) has been working very efficiently. While the focus of that programme is on high-tech projects, this Program should extend the methodology to any type of scale-up SMEs. [Am. 35]

| (29b) | The actions for SMEs should also focus in sectors characterised by a significant growth and social potential and with a high proportion of SMEs. Tourism is a singular sector of the Union Economy which contributes substantially to the Union’s GDP and is run mainly by SMEs. The Union should continue and increase actions supporting the specificities of this sector. [Am. 36] |
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(29b)

The actions for SMEs should also focus in sectors characterised by a significant growth and social potential and with a high proportion of SMEs. Tourism is a singular sector of the Union Economy which contributes substantially to the Union’s GDP and is run mainly by SMEs. The Union should continue and increase actions supporting the specificities of this sector. [Am. 36]

| (30) | European standards play an important role in the internal market. They are of vital interest for the competitiveness of undertakings, and especially SMEs. They are also a crucial tool to support Union legislation and policies in a number of key areas such as energy transition, climate change and environmental protection, information and communication technology, sustainable use and recycling of resources, innovation, product safety, consumer protection, worker's safety and working conditions and ageing population, thus positively contributing to the society as a whole. However, experience has shown that the speed and timeliness of the elaboration of standards needs to be improved and more efforts need to be made to better involve all relevant stakeholders, including those representing consumers. [Am. 37] |
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(30)

European standards play an important role in the internal market. They are of vital interest for the competitiveness of undertakings, and especially SMEs. They are also a crucial tool to support Union legislation and policies in a number of key areas such as energy transition, climate change and environmental protection, information and communication technology, sustainable use and recycling of resources, innovation, product safety, consumer protection, worker's safety and working conditions and ageing population, thus positively contributing to the society as a whole. However, experience has shown that the speed and timeliness of the elaboration of standards needs to be improved and more efforts need to be made to better involve all relevant stakeholders, including those representing consumers. [Am. 37]

| (31) | European standardisation activities are governed by Regulation (EU) No 1025/2012 of the European Parliament and of the Council (13) and implemented through a long standing Public-Private-Partnership which is fundamental to achieve the objectives set in that Regulation as well as in general and sectorial Union standardisation policies. |
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(31)

European standardisation activities are governed by Regulation (EU) No 1025/2012 of the European Parliament and of the Council (13) and implemented through a long standing Public-Private-Partnership which is fundamental to achieve the objectives set in that Regulation as well as in general and sectorial Union standardisation policies.

| (32) | A well-functioning common financial reporting framework is essential for the internal market, for the effective functioning of the capital financial markets and for the realisation of the integrated market for financial services in the context of the Banking Union and the Capital Markets Union. [Am. 38] |
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(32)

A well-functioning common financial reporting framework is essential for the internal market, for the effective functioning of the capital financial markets and for the realisation of the integrated market for financial services in the context of the Banking Union and the Capital Markets Union. [Am. 38]

| (33) | In accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council (14), International Financial Reporting Standards (IFRS) adopted by the International Accounting Standards Board and related interpretations from the IFRS Interpretations Committee are to be incorporated into Union law in order to be applied by companies with securities listed on a regulated market in the Union, only if IFRS meet the criteria set out in that Regulation, including the requirement that accounts give a ‘true and fair view’ as laid down in Article 4(3) of Directive 2013/34/EU of the European Parliament and of the Council (15) and that they are conducive to the European public good. Such international accounting standards need to be developed under a transparent and democratically accountable process. IFRS therefore plays a major role in the functioning of the internal market and thus the Union has a direct interest in ensuring that the process through which IFRS are developed and approved delivers standards that are consistent with the requirements of the legal framework of the internal market. It is therefore important to establish appropriate funding arrangements for the IFRS Foundation. |
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(33)

In accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council (14), International Financial Reporting Standards (IFRS) adopted by the International Accounting Standards Board and related interpretations from the IFRS Interpretations Committee are to be incorporated into Union law in order to be applied by companies with securities listed on a regulated market in the Union, only if IFRS meet the criteria set out in that Regulation, including the requirement that accounts give a ‘true and fair view’ as laid down in Article 4(3) of Directive 2013/34/EU of the European Parliament and of the Council (15) and that they are conducive to the European public good. Such international accounting standards need to be developed under a transparent and democratically accountable process. IFRS therefore plays a major role in the functioning of the internal market and thus the Union has a direct interest in ensuring that the process through which IFRS are developed and approved delivers standards that are consistent with the requirements of the legal framework of the internal market. It is therefore important to establish appropriate funding arrangements for the IFRS Foundation.

| (34) | Taking into account the European Financial Reporting Advisory Group's (EFRAG) role in assessing whether IFRS comply with the requirement of Union law and policy, as laid down in Regulation (EC) No 1606/2002, it also is necessary for the Union to ensure EFRAG’s stable financing and thus contribute to its funding. The technical work of EFRAG should be focused on technical advice to the Commission on the endorsement of IFRS as well as on the appropriate participation in the process of development of such IFRS and should ensure that Union interests are adequately taken into account in the international standard-setting process. Those interests should include the notion of ‘prudence’, the maintenance of the requirement of a ‘true and fair view,’ as laid down in Directive 2013/34/EU, and of the European public good as laid down in Regulation (EC) No 1606/2002, taking into account the impact of IFRS on financial stability and the economy. A European Corporate Reporting Lab should also be established as part of the European Financial Reporting Advisory Group (EFRAG), to promote innovation and the development of best practices in corporate reporting. In this forum, companies and investors can share best practices notably in the field of non-financial and sustainability reporting. |
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(34)

Taking into account the European Financial Reporting Advisory Group's (EFRAG) role in assessing whether IFRS comply with the requirement of Union law and policy, as laid down in Regulation (EC) No 1606/2002, it also is necessary for the Union to ensure EFRAG’s stable financing and thus contribute to its funding. The technical work of EFRAG should be focused on technical advice to the Commission on the endorsement of IFRS as well as on the appropriate participation in the process of development of such IFRS and should ensure that Union interests are adequately taken into account in the international standard-setting process. Those interests should include the notion of ‘prudence’, the maintenance of the requirement of a ‘true and fair view,’ as laid down in Directive 2013/34/EU, and of the European public good as laid down in Regulation (EC) No 1606/2002, taking into account the impact of IFRS on financial stability and the economy. A European Corporate Reporting Lab should also be established as part of the European Financial Reporting Advisory Group (EFRAG), to promote innovation and the development of best practices in corporate reporting. In this forum, companies and investors can share best practices notably in the field of non-financial and sustainability reporting.

| (35) | In the field of statutory audit, the Public Interest Oversight Board (PIOB) was created in 2005 by the Monitoring Group, an international organisation responsible for monitoring the governance reform of the International Federation of Accountants (IFAC). The role of the PIOB is to oversee the process leading to the adoption of International Standards on Auditing (ISAs) and other public interest activities of the IFAC. It is possible for ISAs to be adopted for their application in the Union provided, in particular, that they have been developed with due process, public oversight and transparency as required under Article 26 of Directive 2006/43/EC of the European Parliament and of the Council (16). Considering the introduction of ISAs in the Union and the key role of the PIOB in ensuring that they fulfil the requirements laid down in Directive 2006/43/EC, it is therefore important to ensure appropriate funding arrangements for the PIOB. |
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(35)

In the field of statutory audit, the Public Interest Oversight Board (PIOB) was created in 2005 by the Monitoring Group, an international organisation responsible for monitoring the governance reform of the International Federation of Accountants (IFAC). The role of the PIOB is to oversee the process leading to the adoption of International Standards on Auditing (ISAs) and other public interest activities of the IFAC. It is possible for ISAs to be adopted for their application in the Union provided, in particular, that they have been developed with due process, public oversight and transparency as required under Article 26 of Directive 2006/43/EC of the European Parliament and of the Council (16). Considering the introduction of ISAs in the Union and the key role of the PIOB in ensuring that they fulfil the requirements laid down in Directive 2006/43/EC, it is therefore important to ensure appropriate funding arrangements for the PIOB.

| (36) | The Union contributes to ensuring a high level of consumer protection, empowering consumers and putting them at the heart of the internal market by supporting and complementing Member States’ policies in seeking to ensure that citizens when acting as consumers can fully reap the benefits of the internal market and that, in so doing, their safety and legal and economic interests are properly protected by means of concrete actions. The Union has also to ensure that consumer and product safety laws are properly and equally enforced on the ground and that businesses enjoy a level playing field with fair competition in the internal market. Moreover, it is necessary to empower, encourage and assist consumers in making sustainable and informed choices, thus contributing to a sustainable, energy and resource efficient and circular economy. [Am. 39] |
| --- | --- |

(36)

The Union contributes to ensuring a high level of consumer protection, empowering consumers and putting them at the heart of the internal market by supporting and complementing Member States’ policies in seeking to ensure that citizens when acting as consumers can fully reap the benefits of the internal market and that, in so doing, their safety and legal and economic interests are properly protected by means of concrete actions. The Union has also to ensure that consumer and product safety laws are properly and equally enforced on the ground and that businesses enjoy a level playing field with fair competition in the internal market. Moreover, it is necessary to empower, encourage and assist consumers in making sustainable and informed choices, thus contributing to a sustainable, energy and resource efficient and circular economy. [Am. 39]

| (37) | The Programme should aim to raise the awareness of consumers, businesses, civil society and authorities on Union consumer and safety laws and to empower consumers and their representative organisations at national level and at the Union level notably by supporting the Bureau Européen des Unions de Consommateurs (BEUC) which is the long established and recognised NGO representing consumer interests in relation to all relevant Union policies, and the European Association for the Co-ordination of Consumer Representation in Standardisation (ANEC) which represents consumers interest in relation to standardisation issues. In doing so, particular attention should be given to new market needs regarding the promotion of sustainable consumption and the prevention of in particular to actions to tackle the issue of planned obsolescence of products and to prevent vulnerabilities as well as challenges created by the digitisation of the economy, connected products, internet of things, artificial intelligence and use of algorithms or the development of new consumption patterns and business models, such as the collaborative economy and social entrepreneurship. The Programme should support the development of relevant information on markets, including actions aiming at improving product traceability along the supply chain, quality standards across the Union, and addressing the issue of the dual quality of products, policy challenges, emerging issues and behaviours, and the publication of the Union consumer scoreboards. [Am. 40] |
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(37)

The Programme should aim to raise the awareness of consumers, businesses, civil society and authorities on Union consumer and safety laws and to empower consumers and their representative organisations at national level and at the Union level notably by supporting the Bureau Européen des Unions de Consommateurs (BEUC) which is the long established and recognised NGO representing consumer interests in relation to all relevant Union policies, and the European Association for the Co-ordination of Consumer Representation in Standardisation (ANEC) which represents consumers interest in relation to standardisation issues. In doing so, particular attention should be given to new market needs regarding the promotion of sustainable consumption and the prevention of in particular to actions to tackle the issue of planned obsolescence of products and to prevent vulnerabilities as well as challenges created by the digitisation of the economy, connected products, internet of things, artificial intelligence and use of algorithms or the development of new consumption patterns and business models, such as the collaborative economy and social entrepreneurship. The Programme should support the development of relevant information on markets, including actions aiming at improving product traceability along the supply chain, quality standards across the Union, and addressing the issue of the dual quality of products, policy challenges, emerging issues and behaviours, and the publication of the Union consumer scoreboards. [Am. 40]

| (38) | The Programme should support national competent authorities, including those responsible for monitoring product safety, who cooperate notably via the Union’s rapid alert system for dangerous products. It should also support the enforcement of Directive 2001/95/EC of the European Parliament and of the Council (17) and Regulation (EC) No 765/2008 regarding consumer protection and product safety, and the Consumer Protection Cooperation network and international cooperation between the relevant authorities in third countries and in the Union. The Programme should also aim to ensure access for all consumers and traders to quality out of court dispute resolution and online dispute resolution and information on the process for participating in actions seeking redress possibilities, at the lowest cost. [Am. 41] |
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(38)

The Programme should support national competent authorities, including those responsible for monitoring product safety, who cooperate notably via the Union’s rapid alert system for dangerous products. It should also support the enforcement of Directive 2001/95/EC of the European Parliament and of the Council (17) and Regulation (EC) No 765/2008 regarding consumer protection and product safety, and the Consumer Protection Cooperation network and international cooperation between the relevant authorities in third countries and in the Union. The Programme should also aim to ensure access for all consumers and traders to quality out of court dispute resolution and online dispute resolution and information on the process for participating in actions seeking redress possibilities, at the lowest cost. [Am. 41]

| (39) | The Programme should also support a European Consumer Centres Network is assisting which assists consumers to obtain the benefit of their Union consumer rights when they purchase goods and services cross border in the Internal Market and EEA, either on-line or when travelling. The 30 centres strong network, jointly funded by the Union consumer programmes since more than 10 years has proven its added value to strengthen consumers and traders trust in the Internal Market. It deals with more than 100 000 consumers’ requests per year and reaches millions of citizens via its press and online information activities. It is one of the most valued citizens’ assistance network of the Union and most of its centres host contact points for internal market law, such as the Directive 2006/123/EC of the European Parliament and of the Council (18) and its evaluation stresses the importance to continue its operation. European Consumer Centres Network can be also an important source of information about challenges and problems that consumers encounter at local level, which are relevant for Union policy-making and for the protection of the interests of consumers. Therefore, the Programme should allow for the building and enhancing of synergies between consumer representation at local and Union level in order to strengthen consumer advocacy. The network also intends to develop reciprocity arrangements with similar bodies in third countries. [Am. 42] |
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(39)

The Programme should also support a European Consumer Centres Network is assisting which assists consumers to obtain the benefit of their Union consumer rights when they purchase goods and services cross border in the Internal Market and EEA, either on-line or when travelling. The 30 centres strong network, jointly funded by the Union consumer programmes since more than 10 years has proven its added value to strengthen consumers and traders trust in the Internal Market. It deals with more than 100 000 consumers’ requests per year and reaches millions of citizens via its press and online information activities. It is one of the most valued citizens’ assistance network of the Union and most of its centres host contact points for internal market law, such as the Directive 2006/123/EC of the European Parliament and of the Council (18) and its evaluation stresses the importance to continue its operation. European Consumer Centres Network can be also an important source of information about challenges and problems that consumers encounter at local level, which are relevant for Union policy-making and for the protection of the interests of consumers. Therefore, the Programme should allow for the building and enhancing of synergies between consumer representation at local and Union level in order to strengthen consumer advocacy. The network also intends to develop reciprocity arrangements with similar bodies in third countries. [Am. 42]

| (40) | The fitness check of Union consumer and marketing law carried out by the Commission in May 2017 exposed the need to better enforce rules and facilitate redress when consumers have been harmed by breaches to consumer laws. As a result the Commission adopted a ‘New Deal for Consumers’ in April 2018 to ensure, inter alia, the equal treatment of consumers across the internal market in relation to cross-border cases, such as selling of non-compliant products in the motor vehicles sector, dual quality standards of products or the problems of passengers stranded as a result of the cancellation of a large number of flights, stronger enforcement capacities of Member States, enhanced product safety, increased international cooperation and new possibilities for redress notably through representative actions by qualified entities. The Programme should aim to support consumer policy with awareness raising and knowledge building, capacity building and exchange of best practices of the consumer organisations and consumer protection authorities, networking and development of market intelligence, strengthening the evidence base on the functioning of the internal market for consumers, IT systems and communication tools, inter alia. [Am. 43] |
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(40)

The fitness check of Union consumer and marketing law carried out by the Commission in May 2017 exposed the need to better enforce rules and facilitate redress when consumers have been harmed by breaches to consumer laws. As a result the Commission adopted a ‘New Deal for Consumers’ in April 2018 to ensure, inter alia, the equal treatment of consumers across the internal market in relation to cross-border cases, such as selling of non-compliant products in the motor vehicles sector, dual quality standards of products or the problems of passengers stranded as a result of the cancellation of a large number of flights, stronger enforcement capacities of Member States, enhanced product safety, increased international cooperation and new possibilities for redress notably through representative actions by qualified entities. The Programme should aim to support consumer policy with awareness raising and knowledge building, capacity building and exchange of best practices of the consumer organisations and consumer protection authorities, networking and development of market intelligence, strengthening the evidence base on the functioning of the internal market for consumers, IT systems and communication tools, inter alia. [Am. 43]

| (41) | Citizens are particularly affected by the functioning of financial services markets and should, therefore, be further informed on pertinent rights, risks and benefits. These are a key component of the internal market and require a solid framework for regulation and supervision which ensures not only financial stability and a sustainable economy, but also provides a high level of protection to consumers and other financial services end users, including retail investors, savers, insurance policyholders, pension fund members and beneficiaries, individual shareholders, borrowers and SMEs. It is important The Programme should contribute to enhance their capacity to participate in policy making for, also through production and dissemination of clear, complete and user-friendly information about products commercialised in the financial sector markets. [Am. 44] |
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(41)

Citizens are particularly affected by the functioning of financial services markets and should, therefore, be further informed on pertinent rights, risks and benefits. These are a key component of the internal market and require a solid framework for regulation and supervision which ensures not only financial stability and a sustainable economy, but also provides a high level of protection to consumers and other financial services end users, including retail investors, savers, insurance policyholders, pension fund members and beneficiaries, individual shareholders, borrowers and SMEs. It is important The Programme should contribute to enhance their capacity to participate in policy making for, also through production and dissemination of clear, complete and user-friendly information about products commercialised in the financial sector markets. [Am. 44]

| (42) | The Programme should therefore continue to support the specific activities covered by the 2017-2020 Capacity-Building Programme enhancing the involvement of consumers and other financial services end-users in Union policy-making, as set out in Regulation (EU) 2017/826 of the European Parliament and of the Council (19) which continued the pilot programme and preparatory action of the years 2012-2017. This is necessary in order to provide policy makers with views from stakeholders other than financial sector professionals and ensure a better representation of the interests of consumers and other financial services end-users. The Programme should continuously develop its methodology and best practices on how to increase the engagement of consumers and financial-services end-users in order to identify issues relevant for Union policy-making and ensuring the interests of consumers in the area of financial services. This should result in better improve financial services policies, notably thanks to a better public understanding of the issues at stake in financial regulation and enhanced financial literacy. The public resources of this Programme should focus on what is essential for the final users and avoid any form of direct or indirect financial support to commercial activities proposed by private financial operators. [Am. 45] |
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(42)

The Programme should therefore continue to support the specific activities covered by the 2017-2020 Capacity-Building Programme enhancing the involvement of consumers and other financial services end-users in Union policy-making, as set out in Regulation (EU) 2017/826 of the European Parliament and of the Council (19) which continued the pilot programme and preparatory action of the years 2012-2017. This is necessary in order to provide policy makers with views from stakeholders other than financial sector professionals and ensure a better representation of the interests of consumers and other financial services end-users. The Programme should continuously develop its methodology and best practices on how to increase the engagement of consumers and financial-services end-users in order to identify issues relevant for Union policy-making and ensuring the interests of consumers in the area of financial services. This should result in better improve financial services policies, notably thanks to a better public understanding of the issues at stake in financial regulation and enhanced financial literacy. The public resources of this Programme should focus on what is essential for the final users and avoid any form of direct or indirect financial support to commercial activities proposed by private financial operators. [Am. 45]

| (43) | In the context of a pilot project, between 2012 and 2013, and of a preparatory action, between 2014 and 2016, the Commission awarded grants to two organisations following an annual open call for proposals. The two organisations are Finance Watch, set up with Union grants in 2011 as an international non-profit association under Belgian law, and Better Finance, which is the product of successive re-organisations and rebranding of pre-existing European federations and shareholders since 2009. The Capacity-Building Programme established under Regulation (EU) 2017/826, identifies these same two organisations as sole beneficiaries. It is therefore necessary to continue to co-finance these organisations in the context of the Programme. However, this financing should be subject to review. In this respect, it should be recalled that in the event that the Capacity-Building Programme and corresponding funding are extended beyond 2020 and other potential beneficiaries emerge, the call for applicants should be open to any other organisations that fulfil the criteria, and contribute to the objectives, of the Programme and this in accordance with Regulation (EU) 2017/826. [Am. 46] |
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(43)

In the context of a pilot project, between 2012 and 2013, and of a preparatory action, between 2014 and 2016, the Commission awarded grants to two organisations following an annual open call for proposals. The two organisations are Finance Watch, set up with Union grants in 2011 as an international non-profit association under Belgian law, and Better Finance, which is the product of successive re-organisations and rebranding of pre-existing European federations and shareholders since 2009. The Capacity-Building Programme established under Regulation (EU) 2017/826, identifies these same two organisations as sole beneficiaries. It is therefore necessary to continue to co-finance these organisations in the context of the Programme. However, this financing should be subject to review. In this respect, it should be recalled that in the event that the Capacity-Building Programme and corresponding funding are extended beyond 2020 and other potential beneficiaries emerge, the call for applicants should be open to any other organisations that fulfil the criteria, and contribute to the objectives, of the Programme and this in accordance with Regulation (EU) 2017/826. [Am. 46]

| (44) | A high level of health protection through the food and feed supply chain is necessary to protect consumers as well as to allow the internal market to operate efficiently and smoothly. A safe and sustainable agricultural and food supply chain is a prerequisite for society and for the internal market. As demonstrated by recent incidents such as the fipronil egg contamination in 2017 and the horse meat scandal in 2013, cross border health crises, such as avian influenza or African swine fever and food scares disrupt the functioning of the internal market by limiting the movements of persons and goods and disrupting production. Preventing cross border health crises and food scares is of utmost importance. Therefore, the Programme should support concrete actions, such as establishing emergency measures in the event of crisis situations and unforeseeable events affecting animal and plant health, creating a mechanism for direct access to the emergency aid reserve in order to deal with these emergency situations more promptly, effectively and efficiently. [Am. 47] |
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(44)

A high level of health protection through the food and feed supply chain is necessary to protect consumers as well as to allow the internal market to operate efficiently and smoothly. A safe and sustainable agricultural and food supply chain is a prerequisite for society and for the internal market. As demonstrated by recent incidents such as the fipronil egg contamination in 2017 and the horse meat scandal in 2013, cross border health crises, such as avian influenza or African swine fever and food scares disrupt the functioning of the internal market by limiting the movements of persons and goods and disrupting production. Preventing cross border health crises and food scares is of utmost importance. Therefore, the Programme should support concrete actions, such as establishing emergency measures in the event of crisis situations and unforeseeable events affecting animal and plant health, creating a mechanism for direct access to the emergency aid reserve in order to deal with these emergency situations more promptly, effectively and efficiently. [Am. 47]

| (45) | The general objective of Union law in the food chain area is to contribute guarantee to a high level of health for humans, animals and plants along the food chain, to support the improvement of the welfare of animals, to contribute to a high level of protection and information for consumers and a high level of protection of the environment, including the preservation of biodiversity, while improving the sustainability of European food and feed productions, cutting food waste, increasing the quality standards of products across the Union, enhancing the competitiveness of the Union food and feed industry and favouring the creation of jobs. [Am. 48] |
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(45)

The general objective of Union law in the food chain area is to contribute guarantee to a high level of health for humans, animals and plants along the food chain, to support the improvement of the welfare of animals, to contribute to a high level of protection and information for consumers and a high level of protection of the environment, including the preservation of biodiversity, while improving the sustainability of European food and feed productions, cutting food waste, increasing the quality standards of products across the Union, enhancing the competitiveness of the Union food and feed industry and favouring the creation of jobs. [Am. 48]

| (46) | Considering the specific nature of the actions concerning a high level of health for humans, animals and plants along the food chain special eligibility criteria concerning provision of grants and use of public procurement need to be provided in this Regulation. In particular, by way of derogation from Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (20) (the ‘Financial Regulation’), as an exception to the principle of non-retroactivity, the costs for the emergency measures, due to their urgent and unforeseeable nature, should be eligible and include also costs incurred as a result of a suspected occurrence of a disease or pest provided that that occurrence is subsequently confirmed and notified to the Commission. The corresponding budgetary commitments and the payment of eligible expenditure should be made by the Commission, after signature of the legal commitments and after assessment of the payment applications submitted by the Member States. Costs should also be eligible for protection measures taken in the case of a direct threat to the status of health in the Union as a result of the occurrence or development, in the territory of a third country, a Member State or overseas countries and territories, of certain animal diseases and zoonoses as well as in respect of protection measures, or other relevant activities, taken in support of the health status of plants in the Union. [Am. 49] |
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(46)

Considering the specific nature of the actions concerning a high level of health for humans, animals and plants along the food chain special eligibility criteria concerning provision of grants and use of public procurement need to be provided in this Regulation. In particular, by way of derogation from Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (20) (the ‘Financial Regulation’), as an exception to the principle of non-retroactivity, the costs for the emergency measures, due to their urgent and unforeseeable nature, should be eligible and include also costs incurred as a result of a suspected occurrence of a disease or pest provided that that occurrence is subsequently confirmed and notified to the Commission. The corresponding budgetary commitments and the payment of eligible expenditure should be made by the Commission, after signature of the legal commitments and after assessment of the payment applications submitted by the Member States. Costs should also be eligible for protection measures taken in the case of a direct threat to the status of health in the Union as a result of the occurrence or development, in the territory of a third country, a Member State or overseas countries and territories, of certain animal diseases and zoonoses as well as in respect of protection measures, or other relevant activities, taken in support of the health status of plants in the Union. [Am. 49]

| (47) | In view of the fact the food chain is increasingly globalised, official controls carried out by the Member States are an essential tool for verifying and monitoring that relevant Union requirements are being implemented, complied with and enforced, especially as regards products imported from third countries. The effectiveness and efficiency of official control systems is vital for maintaining a high level of safety for humans, animals and plants along the food chain, as well as consumer confidence, whilst ensuring a high level of protection of the environment and of animal welfare. Union financial support should be made available for such control measures. In particular, a financial contribution should be available to Union reference laboratories in order to help them bear the costs arising from the implementation of work programmes approved by the Commission. Moreover, since the effectiveness of official controls also depends on the availability to the control authorities of well trained staff with an appropriate knowledge of Union law, the Union should be able to contribute to their training and relevant exchange programmes organised by competent authorities. [Am. 50] |
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(47)

In view of the fact the food chain is increasingly globalised, official controls carried out by the Member States are an essential tool for verifying and monitoring that relevant Union requirements are being implemented, complied with and enforced, especially as regards products imported from third countries. The effectiveness and efficiency of official control systems is vital for maintaining a high level of safety for humans, animals and plants along the food chain, as well as consumer confidence, whilst ensuring a high level of protection of the environment and of animal welfare. Union financial support should be made available for such control measures. In particular, a financial contribution should be available to Union reference laboratories in order to help them bear the costs arising from the implementation of work programmes approved by the Commission. Moreover, since the effectiveness of official controls also depends on the availability to the control authorities of well trained staff with an appropriate knowledge of Union law, the Union should be able to contribute to their training and relevant exchange programmes organised by competent authorities. [Am. 50]

| (48) | High-quality European statistics developed, produced and disseminated under the European Statistical Programme are essential for evidence-based decision making European statistics should be available in a timely manner and should contribute to the implementation of Union policies as reflected in the TFEU, notably strengthened and integrated economic governance, social, economic and territorial cohesion, sustainable development, agricultural policy, the social dimension of Europe and globalisation. |
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(48)

High-quality European statistics developed, produced and disseminated under the European Statistical Programme are essential for evidence-based decision making European statistics should be available in a timely manner and should contribute to the implementation of Union policies as reflected in the TFEU, notably strengthened and integrated economic governance, social, economic and territorial cohesion, sustainable development, agricultural policy, the social dimension of Europe and globalisation.

| (49) | European statistics are indispensable for Union decision-making and for the measurement of the performance and impact of Union initiatives. Therefore, the continued provision and development of European statistics, taking a Union-wide approach and going beyond an internal market perspective should be ensured in order to cover all Union activities and policy areas, including empowering businesses and citizens to take informed decisions. |
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(49)

European statistics are indispensable for Union decision-making and for the measurement of the performance and impact of Union initiatives. Therefore, the continued provision and development of European statistics, taking a Union-wide approach and going beyond an internal market perspective should be ensured in order to cover all Union activities and policy areas, including empowering businesses and citizens to take informed decisions.

| (50) | In view of its horizontal character, the European Statistical Programme is subject to specific requirements and notably those laid down in Regulation (EC) No 223/2009 of the European Parliament and of the Council (21), in particular with regard to the respect of statistical principles, the functioning of the European statistical system and its governance, including the role and tasks assigned to the European statistical system committee and to the Commission, the establishment and implementation of the programming of the statistical activities. |
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(50)

In view of its horizontal character, the European Statistical Programme is subject to specific requirements and notably those laid down in Regulation (EC) No 223/2009 of the European Parliament and of the Council (21), in particular with regard to the respect of statistical principles, the functioning of the European statistical system and its governance, including the role and tasks assigned to the European statistical system committee and to the Commission, the establishment and implementation of the programming of the statistical activities.

| (51) | The Programme has been submitted for prior examination to the European Statistical System Committee in accordance with Regulation (EC) No 223/2009, and should be implemented by ensuring effective parliamentary scrutiny. [Am. 51] |
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(51)

The Programme has been submitted for prior examination to the European Statistical System Committee in accordance with Regulation (EC) No 223/2009, and should be implemented by ensuring effective parliamentary scrutiny. [Am. 51]

| (52) | The Union and Member States are committed to the implementation of deliver on in being a frontrunner in implementing the United Nations 2030 Agenda for Sustainable Development. By contributing to the achievement of the 2030 Agenda, the Union and Member States will foster a stronger, more sustainable, inclusive, secure and prosperous Europe. The Programme should contribute to the implementation of the 2030 Agenda, including by balancing the economic, social and environmental dimensions of sustainable development, providing to that end clear and visible commitment in its MFF regulation, and mainstreaming the Sustainable Development Goals, as requested by the European Parliament resolutions of the 14 March and 30 May 2018 on the 2021-2027 MFF. [Am. 52] |
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(52)

The Union and Member States are committed to the implementation of deliver on in being a frontrunner in implementing the United Nations 2030 Agenda for Sustainable Development. By contributing to the achievement of the 2030 Agenda, the Union and Member States will foster a stronger, more sustainable, inclusive, secure and prosperous Europe. The Programme should contribute to the implementation of the 2030 Agenda, including by balancing the economic, social and environmental dimensions of sustainable development, providing to that end clear and visible commitment in its MFF regulation, and mainstreaming the Sustainable Development Goals, as requested by the European Parliament resolutions of the 14 March and 30 May 2018 on the 2021-2027 MFF. [Am. 52]

| (53) | Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Programme should contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the Union budget expenditures supporting climate objectives. Relevant actions will be identified during the Programme's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. |
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(53)

Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Programme should contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the Union budget expenditures supporting climate objectives. Relevant actions will be identified during the Programme's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes.

| (54) | This Regulation lays down a financial envelope for the Programme which is to constitute the prime reference amount, within the meaning of [reference to be updated as appropriate according to the new inter-institutional agreement: point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (22)], for the European Parliament and the Council during the annual budgetary procedure. |
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(54)

This Regulation lays down a financial envelope for the Programme which is to constitute the prime reference amount, within the meaning of [reference to be updated as appropriate according to the new inter-institutional agreement: point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (22)], for the European Parliament and the Council during the annual budgetary procedure.

| (55) | The Agreement on the European Economic Area provides for cooperation in the fields subject to the Programme between the Union and its Member States, on the one hand, and the countries of the European Free Trade Association participating in the European Economic Area, on the other. Provision should also be made to open the Programme to participation by other countries, including the neighbouring countries of the Union and countries which are applying for, are candidates for or are acceding to, membership of the Union. In addition, in the field of European statistics, the Programme should be open to Switzerland in accordance with the Agreement between the European Community and the Swiss Confederation on cooperation in the field of statistics (23). |
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(55)

The Agreement on the European Economic Area provides for cooperation in the fields subject to the Programme between the Union and its Member States, on the one hand, and the countries of the European Free Trade Association participating in the European Economic Area, on the other. Provision should also be made to open the Programme to participation by other countries, including the neighbouring countries of the Union and countries which are applying for, are candidates for or are acceding to, membership of the Union. In addition, in the field of European statistics, the Programme should be open to Switzerland in accordance with the Agreement between the European Community and the Swiss Confederation on cooperation in the field of statistics (23).

| (56) | Third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorising officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences. |
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(56)

Third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorising officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences.

| (57) | The Financial Regulation applies to this Programme. It lays down rules on the implementation of the Union budget, including rules on grants, prizes, procurement. |
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(57)

The Financial Regulation applies to this Programme. It lays down rules on the implementation of the Union budget, including rules on grants, prizes, procurement.

| (58) | The actions implemented under the predecessor programmes and budget lines have proven to be adequate and should be retained. The new actions introduced under the Programme aim to reinforce in particular the well-functioning internal market. In order to provide more simplicity and flexibility in the execution of the Programme and thereby to better deliver on its objectives, the actions should be defined only in terms of overall, generic categories. Lists of indicative activities concerning specific objectives in the area of competitiveness, consumer protection, or specific activities stemming from regulatory requirements, like in the area of standardisation, market surveillance, food chain regulation and European statistics should also be included in the Programme. [Am. 53] |
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(58)

The actions implemented under the predecessor programmes and budget lines have proven to be adequate and should be retained. The new actions introduced under the Programme aim to reinforce in particular the well-functioning internal market. In order to provide more simplicity and flexibility in the execution of the Programme and thereby to better deliver on its objectives, the actions should be defined only in terms of overall, generic categories. Lists of indicative activities concerning specific objectives in the area of competitiveness, consumer protection, or specific activities stemming from regulatory requirements, like in the area of standardisation, market surveillance, food chain regulation and European statistics should also be included in the Programme. [Am. 53]

| (59) | It is necessary to specify certain categories of entities eligible for funding as well as those entities which should be eligible for funding without a call for proposals. |
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(59)

It is necessary to specify certain categories of entities eligible for funding as well as those entities which should be eligible for funding without a call for proposals.

| (60) | Considering the increasing interconnectivity of the world economy, including the digital economy, the Programme should continue to provide the possibility of involving external experts, such as officials of third countries, representatives of international organisations or economic operators in certain activities. [Am. 54] |
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(60)

Considering the increasing interconnectivity of the world economy, including the digital economy, the Programme should continue to provide the possibility of involving external experts, such as officials of third countries, representatives of international organisations or economic operators in certain activities. [Am. 54]

| (61) | It is necessary to indicate special criteria concerning co-financing rules and eligible costs. |
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(61)

It is necessary to indicate special criteria concerning co-financing rules and eligible costs.

| (62) | In line with the Commission's commitment, set out in its Communication of 19 October 2010 entitled ‘The EU Budget Review’ (24), and in order to provide for coherence and simplification of funding programmes, resources should be shared with other Union funding instruments if the envisaged actions under the Programme pursue objectives which are common to various funding instruments, excluding however double financing. |
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(62)

In line with the Commission's commitment, set out in its Communication of 19 October 2010 entitled ‘The EU Budget Review’ (24), and in order to provide for coherence and simplification of funding programmes, resources should be shared with other Union funding instruments if the envisaged actions under the Programme pursue objectives which are common to various funding instruments, excluding however double financing.

| (63) | This Programme should contribute to the overall support addressing specific needs of outermost regions and their integration in the internal market, as recently reconfirmed in the Commission's Communication ‘A stronger and renewed strategic partnership with the EU's outermost regions (25). |
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(63)

This Programme should contribute to the overall support addressing specific needs of outermost regions and their integration in the internal market, as recently reconfirmed in the Commission's Communication ‘A stronger and renewed strategic partnership with the EU's outermost regions (25).

| (64) | The Programme should promote synergies, while avoiding duplication with related Union programmes and actions. The actions under this Programme should be complementary to those of the Customs and Fiscalis Programmes established by Regulation (EU) [...] of the European Parliament and of the Council (26) and Regulation (EU) [...] of the European Parliament and of the Council (27) which also aim at supporting and improving the functioning of the internal market. [Am. 55] |
| --- | --- |

(64)

The Programme should promote synergies, while avoiding duplication with related Union programmes and actions. The actions under this Programme should be complementary to those of the Customs and Fiscalis Programmes established by Regulation (EU) [...] of the European Parliament and of the Council (26) and Regulation (EU) [...] of the European Parliament and of the Council (27) which also aim at supporting and improving the functioning of the internal market. [Am. 55]

| (65) | The Programme should promote synergies and, complementarities and additionality with respect to the SMEs and entrepreneurship support under the European Regional Development Fund established by Regulation (EU) [...] of the European Parliament and of the Council (28). Moreover, the SME window of InvestEU Fund established by Regulation (EU) [...] of the European Parliament and of the Council (29) will guarantee debt and equity support to enhance access and availability of finance for SMEs and micro enterprises. The Programme should also seek synergies with the Space Programme established by Regulation (EU) [...] of the European Parliament and of the Council (30) in respect of encouragement of SMEs to benefit from breakthrough innovation and other solutions developed under those programmes. [Am. 56] |
| --- | --- |

(65)

The Programme should promote synergies and, complementarities and additionality with respect to the SMEs and entrepreneurship support under the European Regional Development Fund established by Regulation (EU) [...] of the European Parliament and of the Council (28). Moreover, the SME window of InvestEU Fund established by Regulation (EU) [...] of the European Parliament and of the Council (29) will guarantee debt and equity support to enhance access and availability of finance for SMEs and micro enterprises. The Programme should also seek synergies with the Space Programme established by Regulation (EU) [...] of the European Parliament and of the Council (30) in respect of encouragement of SMEs to benefit from breakthrough innovation and other solutions developed under those programmes. [Am. 56]

| (66) | This Programme should promote synergies with Horizon Europe established by Regulation (EU) No [...] of the European Parliament and of the Council (31) which aims to promote research and innovation. This should concern in particular complementarity with the actions of the future European Innovation Council for innovative companies, as well as the support of services for SMEs. |
| --- | --- |

(66)

This Programme should promote synergies with Horizon Europe established by Regulation (EU) No [...] of the European Parliament and of the Council (31) which aims to promote research and innovation. This should concern in particular complementarity with the actions of the future European Innovation Council for innovative companies, as well as the support of services for SMEs.

| (67) | The Programme should promote synergies and complementarities with respect to the Digital Europe Programme established by Regulation (EU) [...] of the European Parliament and of the Council (32) which aims to promote the digitalisation of the Union economy and the public sector and increased cybersecurity. [Am. 57] |
| --- | --- |

(67)

The Programme should promote synergies and complementarities with respect to the Digital Europe Programme established by Regulation (EU) [...] of the European Parliament and of the Council (32) which aims to promote the digitalisation of the Union economy and the public sector and increased cybersecurity. [Am. 57]

| (68) | In addition, the Programme, should also seek synergies with the Justice, Rights and Values Fund established by Regulation (EU) [...] of the European Parliament and of the Council (33) which aims to support the further development of a European area of justice for the effectiveness of national justice systems, a key enabler of a fair and cost effective European economy. |
| --- | --- |

(68)

In addition, the Programme, should also seek synergies with the Justice, Rights and Values Fund established by Regulation (EU) [...] of the European Parliament and of the Council (33) which aims to support the further development of a European area of justice for the effectiveness of national justice systems, a key enabler of a fair and cost effective European economy.

| (69) | This Programme should promote synergies with Erasmus programme established by Regulation (EU) [...] of the European Parliament and of the Council (34), the European Union Solidarity Fund established by Regulation (EU) [...] of the European Parliament and of the Council (35) and the European Social Fund Plus established by Regulation (EU) [...] of the European Parliament and of the Council (36) in the area of labour and youth mobility which is essential for the well-functioning internal market. |
| --- | --- |

(69)

This Programme should promote synergies with Erasmus programme established by Regulation (EU) [...] of the European Parliament and of the Council (34), the European Union Solidarity Fund established by Regulation (EU) [...] of the European Parliament and of the Council (35) and the European Social Fund Plus established by Regulation (EU) [...] of the European Parliament and of the Council (36) in the area of labour and youth mobility which is essential for the well-functioning internal market.

| (70) | Finally, food chain actions such as veterinary and phytosanitary measures in case of animal and plant health crises could be complemented by market based interventions from the Union’s Common Agriculture Policy programming established by Regulation (EU) [...] of the European Parliament and of the Council (37). |
| --- | --- |

(70)

Finally, food chain actions such as veterinary and phytosanitary measures in case of animal and plant health crises could be complemented by market based interventions from the Union’s Common Agriculture Policy programming established by Regulation (EU) [...] of the European Parliament and of the Council (37).

| (71) | Where relevant The Programme's actions should be used have a clear European added value and to address market failures or sub-optimal investment situations, in a proportionate manner, without duplicating or crowding out private financing and have a clear European added value. [Am. 58] |
| --- | --- |

(71)

Where relevant The Programme's actions should be used have a clear European added value and to address market failures or sub-optimal investment situations, in a proportionate manner, without duplicating or crowding out private financing and have a clear European added value. [Am. 58]

| (72) | The implementing powers should be conferred on the Commission in respect of the adoption of work programmes implementing the actions contributing to a high level of health for humans, animals and plants along the food chain. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (38) . [Am. 59] |
| --- | --- |

(72)

The implementing powers should be conferred on the Commission in respect of the adoption of work programmes implementing the actions contributing to a high level of health for humans, animals and plants along the food chain. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (38) . [Am. 59]

| (73) | The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the Union added value, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. [Am. 60] |
| --- | --- |

(73)

The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the Union added value, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. [Am. 60]

| (74) | To ensure regular monitoring and reporting on the progress achieved and on the effectiveness and efficiency of the Programme, a proper framework for monitoring the actions and results of the Programme should be put in place from the very beginning. Such monitoring and reporting should be based on indicators, measuring the effects of the actions under the Programme against pre-defined baselines. [Am. 61] |
| --- | --- |

(74)

To ensure regular monitoring and reporting on the progress achieved and on the effectiveness and efficiency of the Programme, a proper framework for monitoring the actions and results of the Programme should be put in place from the very beginning. Such monitoring and reporting should be based on indicators, measuring the effects of the actions under the Programme against pre-defined baselines. [Am. 61]

| (75) | Pursuant to paragraph 22 and 23 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (39), there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States. These requirements, where appropriate, should include measurable indicators, as a basis for evaluating the effects of the Programme on the ground. The Commission should draw up an interim evaluation report on the achievement of the objectives of the actions supported under the Programme, on the results and impacts, on the efficiency of the use of resources and on its Union added value, as well as a final evaluation report on the longer impact, the results and the sustainability of the actions, and the synergies with other Programmes. [Am. 62] |
| --- | --- |

(75)

Pursuant to paragraph 22 and 23 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (39), there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States. These requirements, where appropriate, should include measurable indicators, as a basis for evaluating the effects of the Programme on the ground. The Commission should draw up an interim evaluation report on the achievement of the objectives of the actions supported under the Programme, on the results and impacts, on the efficiency of the use of resources and on its Union added value, as well as a final evaluation report on the longer impact, the results and the sustainability of the actions, and the synergies with other Programmes. [Am. 62]

| (75a) | In order to supplement certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the adoption of work programme(s). [Am. 63] |
| --- | --- |

(75a)

In order to supplement certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the adoption of work programme(s). [Am. 63]

| (76) | The An open list of animal diseases and zoonosis which qualify for funding under emergency measures and for funding under the eradication, control and surveillance programmes should be established on the basis of animal diseases referred to in Chapter 2 of Part I of Regulation (EU) 2016/429 of the European Parliament and of the Council (40), Regulation (EC) No 2160/2003 of the European Parliament and of the Council (41) and Regulation (EC) No 999/2001 of the European Parliament and of the Council (42). [Am. 64] |
| --- | --- |

(76)

The An open list of animal diseases and zoonosis which qualify for funding under emergency measures and for funding under the eradication, control and surveillance programmes should be established on the basis of animal diseases referred to in Chapter 2 of Part I of Regulation (EU) 2016/429 of the European Parliament and of the Council (40), Regulation (EC) No 2160/2003 of the European Parliament and of the Council (41) and Regulation (EC) No 999/2001 of the European Parliament and of the Council (42). [Am. 64]

| (77) | In order to take account of situations that are provoked by animal diseases that have a significant impact on livestock production or trade, the development of zoonoses which pose a threat to humans, or new scientific or epidemiological developments, as well as animal diseases, which are likely to constitute a new threat for the Union, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission, in respect of amending the list of animal diseases and zoonoses. In order to ensure effective assessment of progress of the Programme towards the achievement of its objectives the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of reviewing or complementing the indicators to measure the achievement of the specific objectives where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, Stakeholders and consumer associations should be consulted as well. To ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 65] |
| --- | --- |

(77)

In order to take account of situations that are provoked by animal diseases that have a significant impact on livestock production or trade, the development of zoonoses which pose a threat to humans, or new scientific or epidemiological developments, as well as animal diseases, which are likely to constitute a new threat for the Union, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission, in respect of amending the list of animal diseases and zoonoses. In order to ensure effective assessment of progress of the Programme towards the achievement of its objectives the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of reviewing or complementing the indicators to measure the achievement of the specific objectives where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, Stakeholders and consumer associations should be consulted as well. To ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 65]

| (78) | Pursuant to [reference to be updated as appropriate according to a new decision on OCTs: Article 94 of Council Decision 2013/755/EU (43)], persons and entities established in overseas countries and territories are eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked. |
| --- | --- |

(78)

Pursuant to [reference to be updated as appropriate according to a new decision on OCTs: Article 94 of Council Decision 2013/755/EU (43)], persons and entities established in overseas countries and territories are eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked.

| (79) | In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (44), Council Regulation (Euratom, EC) No 2988/95 (45),Council Regulation (Euratom, EC) No 2185/96 (46) and Council Regulation (EU) 2017/1939 (47), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (48). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. |
| --- | --- |

(79)

In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (44), Council Regulation (Euratom, EC) No 2988/95 (45),Council Regulation (Euratom, EC) No 2185/96 (46) and Council Regulation (EU) 2017/1939 (47), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (48). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights.

| (80) | Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 TFEU apply to this Regulation. These rules are laid down in and in particular the Financial Regulation and determine in particular which lays down the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide provides for checks on the responsibility of financial actors should apply to the actions under this Programme, subject to specific derogations, provided for in this Regulation. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective Union funding. [Am. 66] |
| --- | --- |

(80)

Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 TFEU apply to this Regulation. These rules are laid down in and in particular the Financial Regulation and determine in particular which lays down the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide provides for checks on the responsibility of financial actors should apply to the actions under this Programme, subject to specific derogations, provided for in this Regulation. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective Union funding. [Am. 66]

| (81) | Regulation (EU) 2016/679 of the European Parliament and of the Council (49) governs the processing of personal data carried out in the Member States in the context of this Regulation and under the supervision of the Member States competent authorities. Regulation (EC) No 45/2001 of the European Parliament and of the Council (50) governs the processing of personal data carried out by the Commission within the framework of this Regulation and under the supervision of the European Data Protection Supervisor. Any exchange or transmission of information by competent authorities is to comply with the rules on the transfer of personal data as laid down in Regulation (EU) 2016/679 and in Regulation XXX [Regulation on privacy and electronic communications] and any exchange or transmission of information by the Commission is to comply with the rules on the transfer of personal data as laid down in Regulation (EC) No 45/2001. [Am. 67] |
| --- | --- |

(81)

Regulation (EU) 2016/679 of the European Parliament and of the Council (49) governs the processing of personal data carried out in the Member States in the context of this Regulation and under the supervision of the Member States competent authorities. Regulation (EC) No 45/2001 of the European Parliament and of the Council (50) governs the processing of personal data carried out by the Commission within the framework of this Regulation and under the supervision of the European Data Protection Supervisor. Any exchange or transmission of information by competent authorities is to comply with the rules on the transfer of personal data as laid down in Regulation (EU) 2016/679 and in Regulation XXX [Regulation on privacy and electronic communications] and any exchange or transmission of information by the Commission is to comply with the rules on the transfer of personal data as laid down in Regulation (EC) No 45/2001. [Am. 67]

| (82) | Since the objectives of this Regulation cannot be sufficiently achieved by the Member States due to the cross-border nature of the issues involved, but can rather, by reason of the greater potential of Union 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 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(82)

Since the objectives of this Regulation cannot be sufficiently achieved by the Member States due to the cross-border nature of the issues involved, but can rather, by reason of the greater potential of Union 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 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

| (83) | The Programme should also be to ensure greater visibility and coherence of the Union’s internal market, competitiveness and sustainability of enterprises including SMEs especially micro, small and medium-sized enterprises and European statistics actions towards European citizens, businesses and administrations. [Am. 68] |
| --- | --- |

(83)

The Programme should also be to ensure greater visibility and coherence of the Union’s internal market, competitiveness and sustainability of enterprises including SMEs especially micro, small and medium-sized enterprises and European statistics actions towards European citizens, businesses and administrations. [Am. 68]

| (84) | Regulation (EU) No 99/2013, Regulation (EU) No 1287/2013, Regulation (EU) No 254/2014 of the European Parliament and of the Council (51), Regulation (EU) No 258/2014 of the European Parliament and of the Council (52), Regulation (EU) No 652/2014 of the European Parliament and of the Council (53), Regulation (EU) 2017/826, should be repealed with effect from 1 January 2021. |
| --- | --- |

(84)

Regulation (EU) No 99/2013, Regulation (EU) No 1287/2013, Regulation (EU) No 254/2014 of the European Parliament and of the Council (51), Regulation (EU) No 258/2014 of the European Parliament and of the Council (52), Regulation (EU) No 652/2014 of the European Parliament and of the Council (53), Regulation (EU) 2017/826, should be repealed with effect from 1 January 2021.

| (85) | It is appropriate to ensure a smooth transition without interruption between the programmes in the fields of competitiveness and sustainability of enterprises and SMEs, especially micro, small and medium-sized enterprises, consumer protection, customers and end-users in financial services, policy making in financial services, food chain and European statistics, established by Regulation (EU) No 1287/2013, Regulation (EU) No 254/2014, Regulation (EU) 2017/826, Regulation (EU) No 258/2014, Regulation (EU) No 652/2014, Regulation (EU) No 99/2013 and this Programme, in particular regarding the continuation of multiannual measures, and the evaluation of the previous programmes successes, [Am. 69] |
| --- | --- |

(85)

It is appropriate to ensure a smooth transition without interruption between the programmes in the fields of competitiveness and sustainability of enterprises and SMEs, especially micro, small and medium-sized enterprises, consumer protection, customers and end-users in financial services, policy making in financial services, food chain and European statistics, established by Regulation (EU) No 1287/2013, Regulation (EU) No 254/2014, Regulation (EU) 2017/826, Regulation (EU) No 258/2014, Regulation (EU) No 652/2014, Regulation (EU) No 99/2013 and this Programme, in particular regarding the continuation of multiannual measures, and the evaluation of the previous programmes successes, [Am. 69]

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation establishes the Single Market programme for improving the functioning of strengthening the internal market and the improving its functioning in the fields of competitiveness and sustainability of enterprises, including especially micro, small and medium-sized enterprises, standardisation, consumer protection, market surveillance, food supply chain and the framework for financing of development, production and dissemination of European statistics within the meaning of Article 13 of Regulation (EC) No 223/2009 (the ‘Programme’). [Am. 70]

It lays down the objectives of the Programme, the budget for the period 2021 to 2027, the forms of Union funding and the rules for providing such funding.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

| (1) | ‘blending operation’ means actions supported by the Union budget, including within blending facilities pursuant to Article 2(6) of the Financial Regulation, combining non-repayable forms of support and/or financial instruments from the Union budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors; |
| --- | --- |

(1)

‘blending operation’ means actions supported by the Union budget, including within blending facilities pursuant to Article 2(6) of the Financial Regulation, combining non-repayable forms of support and/or financial instruments from the Union budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors;

| (2) | ‘European statistics’ means statistics developed, produced and disseminated at the Union level and in the Member States in accordance with Article 3 TEU and Regulation (EC) No 223/2009; [Am. 71] |
| --- | --- |

(2)

‘European statistics’ means statistics developed, produced and disseminated at the Union level and in the Member States in accordance with Article 3 TEU and Regulation (EC) No 223/2009; [Am. 71]

| (3) | ‘legal entity’ means any natural or legal person created and recognised as such under national law, Union law or international law, which has legal personality and which may, acting in its own name, exercise rights and be subject to obligations, or an entity without a legal personality in accordance with point (c) of the Article 197(2) of Regulation (EU, Euratom) 2018/1046 (the ‘Financial Regulation’); [Am. 72] |
| --- | --- |

(3)

‘legal entity’ means any natural or legal person created and recognised as such under national law, Union law or international law, which has legal personality and which may, acting in its own name, exercise rights and be subject to obligations, or an entity without a legal personality in accordance with point (c) of the Article 197(2) of Regulation (EU, Euratom) 2018/1046 (the ‘Financial Regulation’); [Am. 72]

| (4) | ‘micro, small and medium-sized enterprises’ means micro, small and medium-sized enterprises as defined in Recommendation 2003/361/EC in the version of 6 May 2003; |
| --- | --- |

(4)

‘micro, small and medium-sized enterprises’ means micro, small and medium-sized enterprises as defined in Recommendation 2003/361/EC in the version of 6 May 2003;

| (4a) | ‘social economy enterprise’ means an enterprise whose main objective is to have a social impact rather than make a profit for their owners or shareholders, which operates by providing goods and services for the market and which is managed in an open and responsible manner involving employees, consumers and stakeholders; [Am. 73] |
| --- | --- |

(4a)

‘social economy enterprise’ means an enterprise whose main objective is to have a social impact rather than make a profit for their owners or shareholders, which operates by providing goods and services for the market and which is managed in an open and responsible manner involving employees, consumers and stakeholders; [Am. 73]

| (4b) | ‘local Public Enterprise’ means a small local public service enterprise that meets the SME criteria and fulfils important tasks for local communities; [Am. 74] |
| --- | --- |

(4b)

‘local Public Enterprise’ means a small local public service enterprise that meets the SME criteria and fulfils important tasks for local communities; [Am. 74]

| (4c) | ‘enterprise networks’ means the coming together of entrepreneurs in order to carry out a shared project and in which two or more SMEs jointly exercise one or more economic activities in order to increase their competitiveness in the market; [Am. 75] |
| --- | --- |

(4c)

‘enterprise networks’ means the coming together of entrepreneurs in order to carry out a shared project and in which two or more SMEs jointly exercise one or more economic activities in order to increase their competitiveness in the market; [Am. 75]

| (5) | ‘third country’ means a country that is not a member of the Union. |
| --- | --- |

(5)

‘third country’ means a country that is not a member of the Union.

Article 3

Programme objectives

1.   The Programme has the following general objectives:

| (a) | to improve the functioning of the internal market, and especially to protect and empower citizens, consumers and businesses, in particular micro, small and medium-sized enterprises (SMEs), by enforcement of Union law, facilitation of legal, social and environmental framework; to facilitate market access and access to finance, to promote fair competition between companies, and standard setting, and by promoting to ensure a uniform and high level of consumer protection, to strengthen the market surveillance across the Union, to improve mutual recognition and to promote human, animal and plant health and animal welfare; as well as to enhance cooperation between the competent authorities of Member States and between the competent authorities of Member States and the Commission and the decentralised Union agencies; [Am. 76] |
| --- | --- |

(a)

to improve the functioning of the internal market, and especially to protect and empower citizens, consumers and businesses, in particular micro, small and medium-sized enterprises (SMEs), by enforcement of Union law, facilitation of legal, social and environmental framework; to facilitate market access and access to finance, to promote fair competition between companies, and standard setting, and by promoting to ensure a uniform and high level of consumer protection, to strengthen the market surveillance across the Union, to improve mutual recognition and to promote human, animal and plant health and animal welfare; as well as to enhance cooperation between the competent authorities of Member States and between the competent authorities of Member States and the Commission and the decentralised Union agencies; [Am. 76]

| (b) | to provide develop, produce and disseminate high-quality, comparable and reliable European statistics on Europe which underpin the design, monitoring and evaluation of all the Union policies, including trade and migration, and help citizens, policy makers and regulators, supervisory authorities, businesses, academia, citizens civil society and media to make informed decisions and actively participate in the democratic process. [Am. 77] |
| --- | --- |

(b)

to provide develop, produce and disseminate high-quality, comparable and reliable European statistics on Europe which underpin the design, monitoring and evaluation of all the Union policies, including trade and migration, and help citizens, policy makers and regulators, supervisory authorities, businesses, academia, citizens civil society and media to make informed decisions and actively participate in the democratic process. [Am. 77]

2.   The Programme has the following specific objectives:

| (a) | making the internal market more effective, by:






  (i) | facilitating the prevention and removal of obstacles, and supporting the development, implementation and enforcement of the Union law, in the areas of the internal market for goods and services, and public procurement, market surveillance as well as in the areas of company law and contract and extra-contractual law, anti-money laundering, free movement of capital, financial services and competition, including the development of governance tools; |
| --- | --- | --- |

(a)

making the internal market more effective, by:

(i)

facilitating the prevention and removal of obstacles, and supporting the development, implementation and enforcement of the Union law, in the areas of the internal market for goods and services, and public procurement, market surveillance as well as in the areas of company law and contract and extra-contractual law, anti-money laundering, free movement of capital, financial services and competition, including the development of governance tools;

| (ii) | supporting effective market surveillance and product safety throughout the Union, and contributing to the fight against the counterfeiting of products, with a view to ensuring that only safe and compliant products that offer a high level of consumer protection are made available on the Union market, including those sold online, as well as to greater homogeneity and capacity of the market surveillance authorities across the Union. [Am. 78] |
| --- | --- |

(ii)

supporting effective market surveillance and product safety throughout the Union, and contributing to the fight against the counterfeiting of products, with a view to ensuring that only safe and compliant products that offer a high level of consumer protection are made available on the Union market, including those sold online, as well as to greater homogeneity and capacity of the market surveillance authorities across the Union. [Am. 78]

| (b) | improving strengthening both the competitiveness and sustainability of enterprises with special emphasis on SMEs and achieving additionality through the provision of measures that provide (objectives for SMEs), paying particular attention to their specific needs, by:






  (i) | providing various forms of support to SMEs, fostering the growth, promotion and creation of SMEs, including enterprise networks, development of managerial skills and fostering measures to scale-up that will allow them to better access to markets including the and internationalisation of SMEs, processes, as well as marketing of their products and services; |
| --- | --- | --- |

(b)

improving strengthening both the competitiveness and sustainability of enterprises with special emphasis on SMEs and achieving additionality through the provision of measures that provide (objectives for SMEs), paying particular attention to their specific needs, by:

(i)

providing various forms of support to SMEs, fostering the growth, promotion and creation of SMEs, including enterprise networks, development of managerial skills and fostering measures to scale-up that will allow them to better access to markets including the and internationalisation of SMEs, processes, as well as marketing of their products and services;

| (ii) | fostering a favourable business environment and framework for SMEs, reducing administrative burden, enhancing the competitiveness of sectors, ensuring the modernisation of industry including their digital transformation contributing to a resilient, energy and resource efficient economy; |
| --- | --- |

(ii)

fostering a favourable business environment and framework for SMEs, reducing administrative burden, enhancing the competitiveness of sectors, ensuring the modernisation of industry including their digital transformation contributing to a resilient, energy and resource efficient economy;

| (iii) | promoting entrepreneurial culture and contributing to the high-quality training of SMEs’ staff; |
| --- | --- |

(iii)

promoting entrepreneurial culture and contributing to the high-quality training of SMEs’ staff;

| (iv) | promoting new business opportunities for SMEs overcoming structural changes through targeted measures, and other innovative forms of actions such as workers buy-outs facilitating job creation and the promotion of entrepreneurship continuity of businesses, in territories affected by these changes; [Am. 79] |
| --- | --- |

(iv)

promoting new business opportunities for SMEs overcoming structural changes through targeted measures, and other innovative forms of actions such as workers buy-outs facilitating job creation and the promotion of entrepreneurship continuity of businesses, in territories affected by these changes; [Am. 79]

| (c) | ensuring the effective functioning of the internal market through standardisation processes that:






  (i) | enable the financing of European standardisation and stakeholder bodies and the participation of all relevant stakeholders in setting up European standards; [Am. 80] |
| --- | --- | --- |

(c)

ensuring the effective functioning of the internal market through standardisation processes that:

(i)

enable the financing of European standardisation and stakeholder bodies and the participation of all relevant stakeholders in setting up European standards; [Am. 80]

| (ii) | support the development of high-quality international financial reporting and auditing standards, facilitate their integration into the Union law and and/or promote the innovation and development of best practices in corporate reporting for both small and big companies; [Am. 81] |
| --- | --- |

(ii)

support the development of high-quality international financial reporting and auditing standards, facilitate their integration into the Union law and and/or promote the innovation and development of best practices in corporate reporting for both small and big companies; [Am. 81]

| (d) | promoting the interests of consumers and ensuring a uniform and high level of consumer protection and product safety by: [Am. 82]






  (i) | empowering, assisting and educating consumers, businesses and civil society; ensuring a high level of consumer protection, sustainable consumption and product safety notably by in particular for the most vulnerable consumers in order to enhance fairness, transparency and trust in the single market; supporting competent enforcement authorities and consumer representative organisations and cooperation actions, by addressing, among others, issues raised by existing and emerging technologies, including actions aiming at improving product traceability along the supply chain; quality standards across the Union, and addressing the issue of the dual quality of products; raising awareness about consumer's rights under Union law and ensuring that all consumers have access to efficient redress mechanisms and provision of adequate information on markets and consumers, as well as promoting sustainable consumption through enhanced information to consumers on specific characteristics and environmental impact of goods and services; [Am. 83] |
| --- | --- | --- |

(d)

promoting the interests of consumers and ensuring a uniform and high level of consumer protection and product safety by: [Am. 82]

(i)

empowering, assisting and educating consumers, businesses and civil society; ensuring a high level of consumer protection, sustainable consumption and product safety notably by in particular for the most vulnerable consumers in order to enhance fairness, transparency and trust in the single market; supporting competent enforcement authorities and consumer representative organisations and cooperation actions, by addressing, among others, issues raised by existing and emerging technologies, including actions aiming at improving product traceability along the supply chain; quality standards across the Union, and addressing the issue of the dual quality of products; raising awareness about consumer's rights under Union law and ensuring that all consumers have access to efficient redress mechanisms and provision of adequate information on markets and consumers, as well as promoting sustainable consumption through enhanced information to consumers on specific characteristics and environmental impact of goods and services; [Am. 83]

| (ii) | enhancing the participation of consumers, other financial services end-users and civil society in financial services policy-making; promoting a better understanding of the financial sector and of the different categories of commercialised financial products and ensuring the interests of consumers in the area of retail financial services; [Am. 84] |
| --- | --- |

(ii)

enhancing the participation of consumers, other financial services end-users and civil society in financial services policy-making; promoting a better understanding of the financial sector and of the different categories of commercialised financial products and ensuring the interests of consumers in the area of retail financial services; [Am. 84]

| (e) | contributing to a high level of health and safety for humans, animals and plants along the food and feed supply chain and in related areas, including by preventing and eradicating diseases and pests, and to support the improvement of the welfare of animals including, by means of emergency measures in the event of large-scale crisis situations and unforeseeable events affecting animal or plant health, as well as supporting improvements in animal welfare and developing the a sustainable food production and consumption at affordable prices, as well as by stimulating research, innovation and the exchange of best practices between stakeholders in those fields; [Am. 85] |
| --- | --- |

(e)

contributing to a high level of health and safety for humans, animals and plants along the food and feed supply chain and in related areas, including by preventing and eradicating diseases and pests, and to support the improvement of the welfare of animals including, by means of emergency measures in the event of large-scale crisis situations and unforeseeable events affecting animal or plant health, as well as supporting improvements in animal welfare and developing the a sustainable food production and consumption at affordable prices, as well as by stimulating research, innovation and the exchange of best practices between stakeholders in those fields; [Am. 85]

| (f) | developing, producing, disseminating and communicating high quality European statistics on Europe in a timely, impartial and cost-efficient manner, through enhanced partnerships within the European Statistical System referred to in Article 4 of Regulation (EC) No 223/2009 and with all relevant external parties, using multiple data sources, advanced data analytics methods, smart systems and digital technologies, and providing a national and, where possible, regional breakdown. [Am. 86] |
| --- | --- |

(f)

developing, producing, disseminating and communicating high quality European statistics on Europe in a timely, impartial and cost-efficient manner, through enhanced partnerships within the European Statistical System referred to in Article 4 of Regulation (EC) No 223/2009 and with all relevant external parties, using multiple data sources, advanced data analytics methods, smart systems and digital technologies, and providing a national and, where possible, regional breakdown. [Am. 86]

Article 4

Budget

1.   The financial envelope for the implementation of the Programme for the period 2021 to 2027 shall be EUR 4 088 580 0006 563 000 000 in current prices. [Am. 87]

2.   Within the amount referred to in paragraph 1 the following indicative amounts shall be allocated to the following objectives:

| (-a) | EUR 394 590 000 to the objective referred to in Article 3(2)(a)(i); [Am. 88] |
| --- | --- |

(-a)

EUR 394 590 000 to the objective referred to in Article 3(2)(a)(i); [Am. 88]

| (-aa) | EUR 396 200 000 to the objective referred to in Article 3(2)(a)(ii); [Am. 89] |
| --- | --- |

(-aa)

EUR 396 200 000 to the objective referred to in Article 3(2)(a)(ii); [Am. 89]

| (a) | EUR 1 000 000 0003 122 000 000 to the objective referred to in Article 3(2)(b); [Am. 90] |
| --- | --- |

(a)

EUR 1 000 000 0003 122 000 000 to the objective referred to in Article 3(2)(b); [Am. 90]

| (aa) | EUR 220 510 000 to the objective referred to in Article 3(2)(c); [Am. 91] |
| --- | --- |

(aa)

EUR 220 510 000 to the objective referred to in Article 3(2)(c); [Am. 91]

| (b) | EUR 188 000 000 198 000 000 to the objective referred to in Article 3(2)(d)(i) 3(2)(d); [Am. 92] |
| --- | --- |

(b)

EUR 188 000 000 198 000 000 to the objective referred to in Article 3(2)(d)(i) 3(2)(d); [Am. 92]

| (c) | EUR 1 680 000 000 to the objective referred to in Article 3(2)(e); |
| --- | --- |

(c)

EUR 1 680 000 000 to the objective referred to in Article 3(2)(e);

| (d) | EUR 552 000 000 to the objective referred to in Article 3(2)(f). |
| --- | --- |

(d)

EUR 552 000 000 to the objective referred to in Article 3(2)(f).

3.   The amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Programme, concerning in particular preparatory, monitoring, control, audit and evaluation activities as well as use of information technology networks focusing on information processing and exchange, and use and development of corporate information technology tools. In order to ensure maximum availability of the Programme to finance actions covered by the objectives of the Programme, the total costs of administrative and technical support shall not exceed 5 % of the value of the financial envelope referred to in paragraph 1. [Am. 93]

4.   For the objective referred to in Article 3(2)(e), budgetary commitments extending over more than one financial year, may be broken down over several years into annual instalments.

5.   By derogation from Article 111(2) of the Financial Regulation, the Commission shall make the budgetary commitment for the grant awarded for veterinary and phytosanitary emergency measures under the specific objective referred to in point (e) of the Article 3(2) of this Regulation after assessment of the payment applications submitted by Member States.

5a.   A specific mechanism should be introduced for direct food chain access to the Commission’s crisis reserve in case of large-scale emergencies, in order to guarantee financing for the measures set out in Article 3(2)(e). [Am. 94]

6.   Resources allocated to Member States under shared management may, at their request, be transferred to the Programme. The Commission shall implement those resources directly in accordance with point (a) of Article 62(1) of the Financial Regulation or indirectly in accordance with point (c) of that Article. Where possible those resources shall be used for the benefit of the Member State concerned.

Article 5

Third countries associated to the Programme

The Programme shall be open to the following third countries:

| (a) | European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA), in accordance with the conditions laid down in the EEA agreement; |
| --- | --- |

(a)

European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA), in accordance with the conditions laid down in the EEA agreement;

| (b) | acceding countries, candidate countries and potential candidates, in accordance with the general principles and general terms and conditions for their participation in Union programmes established in the respective framework agreements and Association Council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and them; |
| --- | --- |

(b)

acceding countries, candidate countries and potential candidates, in accordance with the general principles and general terms and conditions for their participation in Union programmes established in the respective framework agreements and Association Council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and them;

| (c) | countries covered by the European Neighbourhood Policy, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and association council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries; |
| --- | --- |

(c)

countries covered by the European Neighbourhood Policy, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and association council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries;

| (d) | third countries, in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any Union programme, provided that the agreement:






  (i) | ensures a fair balance as regards the contributions and benefits of the third country participating in the Union programmes; |
| --- | --- | --- |

(d)

third countries, in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any Union programme, provided that the agreement:

(i)

ensures a fair balance as regards the contributions and benefits of the third country participating in the Union programmes;

| (ii) | lays down the conditions of participation in the programmes, including the calculation of financial contributions to individual programmes and their administrative costs; |
| --- | --- |

(ii)

lays down the conditions of participation in the programmes, including the calculation of financial contributions to individual programmes and their administrative costs;

| (iii) | does not confer to the third country a decisional power on the programme; |
| --- | --- |

(iii)

does not confer to the third country a decisional power on the programme;

| (iv) | guarantees the rights of the Union to ensure sound financial management and to protect its financial interests. |
| --- | --- |

(iv)

guarantees the rights of the Union to ensure sound financial management and to protect its financial interests.

The contributions referred to in point (ii) shall constitute assigned revenues in accordance with Article 21(5) of the Financial Regulation.

Article 6

Implementation and forms of EU funding

1.   The Programme shall be implemented in direct management in accordance with the Financial Regulation or in indirect management with bodies referred to in point (c) of the Article 62(1) of the Financial Regulation.

2.   The Programme may provide funding in any of the forms laid down in the Financial Regulation, in particular grants, prizes and procurement. It may also provide financing in the form of financial instruments within blending operations.

3.   Contributions to a mutual insurance mechanism may cover the risk associated with the recovery of funds due by recipients and shall be considered as sufficient guarantee under the Financial Regulation. The provisions laid down in [Article X of] Regulation XXX [successor of the Regulation on the Guarantee Fund] shall apply (54).

CHAPTER II

GRANTS

Article 7

Grants

Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation.

Article 8

Eligible actions

1.   Only actions implementing the objectives referred in Article 3 shall be eligible for funding.

2.   In particular the following actions implementing the objectives referred in Article 3 shall be eligible:

| (a) | creation of the right conditions to empower all actors of the internal market, including businesses, citizens and, consumers, civil society and public authorities through transparent information exchange and awareness raising campaigns, particularly as regards to applicable Union rules and the rights of consumers and businesses, best practice exchange, promotion of good practices and innovative solutions, exchange and dissemination of expertise and knowledge and organization of trainings for the promotion of digital literacy of citizens and businesses; [Am. 95] |
| --- | --- |

(a)

creation of the right conditions to empower all actors of the internal market, including businesses, citizens and, consumers, civil society and public authorities through transparent information exchange and awareness raising campaigns, particularly as regards to applicable Union rules and the rights of consumers and businesses, best practice exchange, promotion of good practices and innovative solutions, exchange and dissemination of expertise and knowledge and organization of trainings for the promotion of digital literacy of citizens and businesses; [Am. 95]

| (b) | provision of mechanisms for citizens, consumers, end-users, civil society, trade unions and businesses representatives from the Union, in particular those representing SMEs to contribute to political discussions, policies and decision making process, notably by supporting the functioning of representative organisations at national and the Union level; [Am. 96] |
| --- | --- |

(b)

provision of mechanisms for citizens, consumers, end-users, civil society, trade unions and businesses representatives from the Union, in particular those representing SMEs to contribute to political discussions, policies and decision making process, notably by supporting the functioning of representative organisations at national and the Union level; [Am. 96]

| (c) | capacity building, facilitation and coordination of joint actions between Member States and between the competent authorities of Member States and between the competent authorities of Member States and the Commission, the decentralised Union agencies and third country authorities, and more particularly joint actions aimed at strengthening product safety, enforcement of consumer protection rules in the Union and product traceability; [Am. 97] |
| --- | --- |

(c)

capacity building, facilitation and coordination of joint actions between Member States and between the competent authorities of Member States and between the competent authorities of Member States and the Commission, the decentralised Union agencies and third country authorities, and more particularly joint actions aimed at strengthening product safety, enforcement of consumer protection rules in the Union and product traceability; [Am. 97]

| (d) | support for the effective enforcement and by Member States and the modernisation of the Union legal framework and its rapid adaptation to the ever-changing environment as well as support for dealing with issues raised by digitalisation, including through data gathering and analyses; studies, evaluations and policy recommendations; organization of demonstration activities and pilot projects; communication activities; development of dedicated IT tools ensuring transparent, fair and efficient functioning of the internal market. [Am. 98] |
| --- | --- |

(d)

support for the effective enforcement and by Member States and the modernisation of the Union legal framework and its rapid adaptation to the ever-changing environment as well as support for dealing with issues raised by digitalisation, including through data gathering and analyses; studies, evaluations and policy recommendations; organization of demonstration activities and pilot projects; communication activities; development of dedicated IT tools ensuring transparent, fair and efficient functioning of the internal market. [Am. 98]

2a.   The following actions implementing the specific objectives referred to in Article 3(2)(a)(ii) shall be eligible for funding:

| (a) | coordination and cooperation between market surveillance authorities and other relevant authorities of Member States, in particular through the Union Product Compliance Network; |
| --- | --- |

(a)

coordination and cooperation between market surveillance authorities and other relevant authorities of Member States, in particular through the Union Product Compliance Network;

| (b) | development and maintenance of IT tools to exchange information on market surveillance and controls at the external borders; |
| --- | --- |

(b)

development and maintenance of IT tools to exchange information on market surveillance and controls at the external borders;

| (c) | support for the development of joint actions and testing in the field of product safety and compliance including in relation to connected products and products sold online; |
| --- | --- |

(c)

support for the development of joint actions and testing in the field of product safety and compliance including in relation to connected products and products sold online;

| (d) | cooperation, exchange of best practices and joint projects between market surveillance authorities and relevant bodies from third countries; |
| --- | --- |

(d)

cooperation, exchange of best practices and joint projects between market surveillance authorities and relevant bodies from third countries;

| (e) | support for market surveillance strategies, knowledge and intelligence gathering, testing capabilities and facilities, peer reviews, training programmes, technical assistance and capacity building for market surveillance authorities; |
| --- | --- |

(e)

support for market surveillance strategies, knowledge and intelligence gathering, testing capabilities and facilities, peer reviews, training programmes, technical assistance and capacity building for market surveillance authorities;

| (f) | assessment of type approval procedures and compliance verification of motor vehicles by the Commission. [Am. 99] |
| --- | --- |

(f)

assessment of type approval procedures and compliance verification of motor vehicles by the Commission. [Am. 99]

3.   The following actions implementing the specific objective referred to in Article 3(2)(b) shall be eligible for funding:

| (a) | to provide various forms of support to SMEs; [Am. 100] |
| --- | --- |

(a)

to provide various forms of support to SMEs; [Am. 100]

| (b) | facilitating SMEs' micro-enterprises, SMEs and enterprise networks’ access to markets, including markets outside the Union, supporting them in addressing global, environmental, economic and societal challenges and business internationalisation, facilitating support for them during their life-cycle and strengthening Union entrepreneurial and industrial leadership in global value chains, including the Enterprise Europe Network; [Am. 101] |
| --- | --- |

(b)

facilitating SMEs' micro-enterprises, SMEs and enterprise networks’ access to markets, including markets outside the Union, supporting them in addressing global, environmental, economic and societal challenges and business internationalisation, facilitating support for them during their life-cycle and strengthening Union entrepreneurial and industrial leadership in global value chains, including the Enterprise Europe Network; [Am. 101]

| (c) | addressing market barriers, reducing administrative burden, including reducing obstacles for setting -up enterprises and the starting of businesses and creating a favourable business environment to empower allow micro-enterprises and SMEs to benefit from the internal market, including access to finance, and by providing appropriate guidance, mentoring and coaching schemes delivery of knowledge-based business services; [Am. 102] |
| --- | --- |

(c)

addressing market barriers, reducing administrative burden, including reducing obstacles for setting -up enterprises and the starting of businesses and creating a favourable business environment to empower allow micro-enterprises and SMEs to benefit from the internal market, including access to finance, and by providing appropriate guidance, mentoring and coaching schemes delivery of knowledge-based business services; [Am. 102]

| (d) | facilitating the development and growth of sustainable businesses, raising micro enterprises and SME’s awareness of Unions’ legislation, including environmental and energy Union law, upgrading their skills and qualifications development, and facilitating new business models and resource-efficient value-chains fostering sustainable industrial, technological and organisational transformation across manufacturing and service sectors; [Am. 103] |
| --- | --- |

(d)

facilitating the development and growth of sustainable businesses, raising micro enterprises and SME’s awareness of Unions’ legislation, including environmental and energy Union law, upgrading their skills and qualifications development, and facilitating new business models and resource-efficient value-chains fostering sustainable industrial, technological and organisational transformation across manufacturing and service sectors; [Am. 103]

| (e) | supporting strengthening the competiveness and sustainability of enterprises and whole sectors of economy, and supporting micro-enterprises and SMEs' uptake of technological, organisational and social innovation, enhancing corporate social responsibility and value chain collaboration through strategically connecting ecosystems and clusters, including the joint cluster initiative; [Am. 104] |
| --- | --- |

(e)

supporting strengthening the competiveness and sustainability of enterprises and whole sectors of economy, and supporting micro-enterprises and SMEs' uptake of technological, organisational and social innovation, enhancing corporate social responsibility and value chain collaboration through strategically connecting ecosystems and clusters, including the joint cluster initiative; [Am. 104]

| (f) | fostering an entrepreneurial business environment and entrepreneurial culture, including enlarging the mentoring scheme for new entrepreneurs and supporting start-ups, business sustainability and scale-ups, paying particular attention to new potential entrepreneurs (i.e. youth, women), as well as other specific target groups, such as socially disadvantaged or vulnerable groups. [Am. 105]. |
| --- | --- |

(f)

fostering an entrepreneurial business environment and entrepreneurial culture, including enlarging the mentoring scheme for new entrepreneurs and supporting start-ups, business sustainability and scale-ups, paying particular attention to new potential entrepreneurs (i.e. youth, women), as well as other specific target groups, such as socially disadvantaged or vulnerable groups. [Am. 105].

3a.   When implementing the specific objective referred to in Article 3(2)(b), the Commission may, in addition to the actions referred to in points (a) to (f) of paragraph 3 of this Article, support the following specific actions:

| (a) | accelerating, supporting and expanding advisory services through the Enterprise Europe Network in order to provide integrated business with a one-stop-shop support service to Union SMEs that seek to explore opportunities in the internal market and in the third countries, and to monitor in order to ensure that a comparable level of quality of service is provided by the latter throughout all the Member States; |
| --- | --- |

(a)

accelerating, supporting and expanding advisory services through the Enterprise Europe Network in order to provide integrated business with a one-stop-shop support service to Union SMEs that seek to explore opportunities in the internal market and in the third countries, and to monitor in order to ensure that a comparable level of quality of service is provided by the latter throughout all the Member States;

| (b) | supporting the creation of enterprise networks; |
| --- | --- |

(b)

supporting the creation of enterprise networks;

| (c) | supporting and expanding mobility programmes for new entrepreneurs (‘Erasmus for Young Entrepreneurs’) to improve their ability to develop their entrepreneurial know-how, skill and attitude and to improve their technological capacity and enterprise management; |
| --- | --- |

(c)

supporting and expanding mobility programmes for new entrepreneurs (‘Erasmus for Young Entrepreneurs’) to improve their ability to develop their entrepreneurial know-how, skill and attitude and to improve their technological capacity and enterprise management;

| (d) | supporting the scale-up of SMEs through significant business extension projects based on market-driven opportunities (SME Scale-up instrument); |
| --- | --- |

(d)

supporting the scale-up of SMEs through significant business extension projects based on market-driven opportunities (SME Scale-up instrument);

| (e) | supporting sector-specific actions in areas characterised by a high proportion of micro-enterprises and SMEs and a high contribution to the Union's GDP, such as the tourism sector. [Am. 106] |
| --- | --- |

(e)

supporting sector-specific actions in areas characterised by a high proportion of micro-enterprises and SMEs and a high contribution to the Union's GDP, such as the tourism sector. [Am. 106]

3b.   Actions undertaken through the Enterprise Europe Network referred to in point (a) of paragraph (3a) of this Article may include, inter alia:

| (a) | facilitating internationalisation of SMEs and identification of business partners in the internal market, cross border business cooperation on R&D, technology, knowledge and innovation transfer partnership; |
| --- | --- |

(a)

facilitating internationalisation of SMEs and identification of business partners in the internal market, cross border business cooperation on R&D, technology, knowledge and innovation transfer partnership;

| (b) | providing information, guidance and personalised advice on Union law, Union’s financing and funding opportunities as well as on Union’s initiatives that have an impact on business, including taxation, property rights, environment and energy-related obligations, labour and social security aspects; |
| --- | --- |

(b)

providing information, guidance and personalised advice on Union law, Union’s financing and funding opportunities as well as on Union’s initiatives that have an impact on business, including taxation, property rights, environment and energy-related obligations, labour and social security aspects;

| (c) | facilitating SMEs’ access to environmental, climate, energy efficiency and performance expertise; |
| --- | --- |

(c)

facilitating SMEs’ access to environmental, climate, energy efficiency and performance expertise;

| (d) | enhancing the network with other information and advisory networks of the Union and Member States, in particular, EURES the Union innovation Hubs and the InvestEu advisory Hub. |
| --- | --- |

(d)

enhancing the network with other information and advisory networks of the Union and Member States, in particular, EURES the Union innovation Hubs and the InvestEu advisory Hub.

Services delivered by the Network on behalf of other Union programmes shall be funded by those programmes.

The Commission shall prioritise actions in the Network to improve parts or elements of it that do not comply with minimum standard in order to provide homogenous support to micro enterprises and SMEs throughout the Union.

The Commission shall adopt implementing acts establishing indicators and minimum standards for the purpose of measuring the impact of the Network vis-à-vis the specific objectives and the effectiveness of the actions for SMEs.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).

The Commission is empowered to adopt delegated acts in accordance with Article 20 to establish additional forms of support to the SMEs not provided for in this paragraph. [Am. 107]

4.   The actions set out in Articles 15 and 16 of Regulation (EU) No 1025/2012 and implementing the specific objective referred to in Article 3(2)(c)(i) of this Regulation shall be eligible for funding.

5.   The actions providing support for activities aimed at developing, applying, assessing and monitoring international standards in the fields of financial reporting and auditing and overseeing their standard-setting processes and implementing the specific objective referred to in Article 3(2)(c)(ii) shall be eligible for funding.

5a.   The following actions implementing the specific objectives referred to in Article 3(2)(d)(i) shall be eligible for funding:

| (a) | improving consumer awareness and education on consumer rights through life-long education on EU consumer rules, and empowering consumers to face new issues raised by technological development and digitalisation, including the specific needs of vulnerable consumers; |
| --- | --- |

(a)

improving consumer awareness and education on consumer rights through life-long education on EU consumer rules, and empowering consumers to face new issues raised by technological development and digitalisation, including the specific needs of vulnerable consumers;

| (b) | ensuring and facilitating access for all consumers and traders to quality out of court dispute resolution and online dispute resolution and information on redress possibilities; |
| --- | --- |

(b)

ensuring and facilitating access for all consumers and traders to quality out of court dispute resolution and online dispute resolution and information on redress possibilities;

| (c) | supporting stronger enforcement of consumer laws, with a particular attention for cross-border cases or cases involving third parties, effective coordination and cooperation between national enforcement bodies and enforcement cooperation with third countries; |
| --- | --- |

(c)

supporting stronger enforcement of consumer laws, with a particular attention for cross-border cases or cases involving third parties, effective coordination and cooperation between national enforcement bodies and enforcement cooperation with third countries;

| (d) | fostering sustainable consumption by raising consumer awareness on product’s durability and environmental impact, eco-design features, promotion of consumers rights in this respect and possibility for redress in case of early-failing products. [Am. 108] |
| --- | --- |

(d)

fostering sustainable consumption by raising consumer awareness on product’s durability and environmental impact, eco-design features, promotion of consumers rights in this respect and possibility for redress in case of early-failing products. [Am. 108]

6.   The actions set out in Annex I implementing the specific objective referred to in Article 3(2)(e) shall be eligible for funding.

7.   The actions set out in Annex II implementing the specific objective referred to in Article 3(2)(f) shall be eligible for funding.

Article 9

Eligible entities

1.   The eligibility criteria set out in paragraphs 2 to 7 of this Article shall apply in addition to the criteria set out in Article 197 of the Financial Regulation.

2.   In addition to eligibility conditions laid down in paragraphs 3 to 7, the following entities shall be eligible under the Programme:

| (a) | legal entities established in any of the following countries:






  (i) | a Member State or an overseas country or territory linked to it; |
| --- | --- | --- |

(a)

legal entities established in any of the following countries:

(i)

a Member State or an overseas country or territory linked to it;

| (ii) | a third country associated to the Programme in accordance with Article 5; |
| --- | --- |

(ii)

a third country associated to the Programme in accordance with Article 5;

| (b) | any legal entity created under Union law or any international organisation; |
| --- | --- |

(b)

any legal entity created under Union law or any international organisation;

| (c) | legal entities established in a third country which is not associated to the Programme are exceptionally eligible to participate, provided that the action pursues Union objectives and the activities outside the Union contribute to the effectiveness of interventions carried out in Member State territories to which the Treaties apply. |
| --- | --- |

(c)

legal entities established in a third country which is not associated to the Programme are exceptionally eligible to participate, provided that the action pursues Union objectives and the activities outside the Union contribute to the effectiveness of interventions carried out in Member State territories to which the Treaties apply.

3.   The Commission may allow legal entities established in a third country which is not associated to the Programme may to participate in the following actions: [Am. 109]

| (a) | actions implementing the specific objective referred to in Article 3(2)(b); |
| --- | --- |

(a)

actions implementing the specific objective referred to in Article 3(2)(b);

| (b) | actions supporting consumer protection implementing the specific objective in referred to Article 3(2)(d)(i). |
| --- | --- |

(b)

actions supporting consumer protection implementing the specific objective in referred to Article 3(2)(d)(i).

The entities participating in the actions referred to in points (a) and (b) shall not be entitled to receive Union financial contributions, especially when there is a risk of transfer of innovative technology, except where it is essential for the Programme, in particular in terms of competitiveness and access to markets for Union enterprises or in terms of protection of the consumers residing in the Union. That exception shall not apply to profit-making entities. [Am. 110]

4.   For actions implementing the specific objective referred to in Article 3(2)(c)(i) of this Regulation, the entities specified in Articles 15 and 16 of Regulation (EU) No 1025/2012 shall be eligible.

5.   For actions supporting consumer protection implementing the specific objective referred to in Article 3(2)(d)(i) and related to the European Consumer Centres Network, the following bodies shall be eligible:

| (a) | a body designated by a Member State or a third country referred to in Article 5 which is a non-profit-making body selected through a transparent procedure; |
| --- | --- |

(a)

a body designated by a Member State or a third country referred to in Article 5 which is a non-profit-making body selected through a transparent procedure;

| (b) | a public body. |
| --- | --- |

(b)

a public body.

6.   Third countries, associated or not associated to the Programme shall be eligible for the following actions implementing the specific objective referred to in Article 3(2)(e):

| (a) | protection measures taken in the case of a direct threat to the status of health in the Union as a result of the occurrence or development, in the territory of a third country or a Member State, of one of the animal diseases and zoonoses listed in Annex III or plant pests listed in the work programme referred to in Article 16; |
| --- | --- |

(a)

protection measures taken in the case of a direct threat to the status of health in the Union as a result of the occurrence or development, in the territory of a third country or a Member State, of one of the animal diseases and zoonoses listed in Annex III or plant pests listed in the work programme referred to in Article 16;

| (b) | protection measures, or other relevant activities, taken in support of the health status of plants in the Union. |
| --- | --- |

(b)

protection measures, or other relevant activities, taken in support of the health status of plants in the Union.

The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex III where it is necessary to take account of the situations that are provoked by those animal diseases that have a significant impact on livestock production or trade, the development of zoonoses which pose a threat to humans, or new scientific or epidemiological developments, as well as of the animal diseases which are likely to constitute a new threat for the Union.

Except in case of animal diseases and plant pests having a substantial impact on the Union, in principle, non-associated countries should finance themselves their participation in the actions referred to in points (a) and (b).

7.   For actions implementing the specific objective referred to in Article 3(2)(f) of this Regulation, the following legal entities shall be eligible:

| (a) | national statistical institutes and other national authorities as referred to in Article 5(2) of Regulation (EC) No 223/2009; |
| --- | --- |

(a)

national statistical institutes and other national authorities as referred to in Article 5(2) of Regulation (EC) No 223/2009;

| (b) | for actions supporting collaborative networks, other bodies operating in the field of statistics that are not the authorities referred to in point (a) of this paragraph; |
| --- | --- |

(b)

for actions supporting collaborative networks, other bodies operating in the field of statistics that are not the authorities referred to in point (a) of this paragraph;

| (c) | non-profit making entities, which are independent of industry, commercial and business or other conflicting interests, and have as their primary objectives and activities the promotion and support of the implementation of the European statistics Code of Practice referred to in Article 11 of Regulation (EC) No 223/2009 and the implementation of new methods of production of European statistics aiming at efficiency gains and quality improvements at Union level. |
| --- | --- |

(c)

non-profit making entities, which are independent of industry, commercial and business or other conflicting interests, and have as their primary objectives and activities the promotion and support of the implementation of the European statistics Code of Practice referred to in Article 11 of Regulation (EC) No 223/2009 and the implementation of new methods of production of European statistics aiming at efficiency gains and quality improvements at Union level.

Article 10

Designated beneficiaries

The following entities may be awarded a grant under the Programme without a call for proposals:

| (a) | for actions in the area of market surveillance implementing the specific objective referred to in Article 3(2)(a)(ii) of this Regulation, the market surveillance authorities of the Member States as referred to in Article 17 of Regulation (EC) No 765/2008 and Article 11 of [Proposal for a Regulation of the European Parliament and of the Council laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products] (55); [Am. 111] |
| --- | --- |

(a)

for actions in the area of market surveillance implementing the specific objective referred to in Article 3(2)(a)(ii) of this Regulation, the market surveillance authorities of the Member States as referred to in Article 17 of Regulation (EC) No 765/2008 and Article 11 of [Proposal for a Regulation of the European Parliament and of the Council laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products] (55); [Am. 111]

| (b) | for actions in the area accreditation and market surveillance implementing the specific objective referred to in Article 3(2)(a)(i) of this Regulation, the body recognised under Article 14 of Regulation (EC) No 765/2008 to carry out the activities referred to in Article 32 of Regulation (EC) No 765/2008; [Am. 112] |
| --- | --- |

(b)

for actions in the area accreditation and market surveillance implementing the specific objective referred to in Article 3(2)(a)(i) of this Regulation, the body recognised under Article 14 of Regulation (EC) No 765/2008 to carry out the activities referred to in Article 32 of Regulation (EC) No 765/2008; [Am. 112]

| (c) | for actions implementing the specific objective referred to in Article 3(2)(c)(i) of this Regulation, the entities referred to in Article 17 of Regulation (EU) No 1025/2012; |
| --- | --- |

(c)

for actions implementing the specific objective referred to in Article 3(2)(c)(i) of this Regulation, the entities referred to in Article 17 of Regulation (EU) No 1025/2012;

| (d) | for actions implementing the specific objective referred to in Article 3(2)(c)(ii), the European Financial Reporting Advisory Group (EFRAG), the International Financial Reporting Standards Foundation and the Public Interest Oversight Board (PIOB); |
| --- | --- |

(d)

for actions implementing the specific objective referred to in Article 3(2)(c)(ii), the European Financial Reporting Advisory Group (EFRAG), the International Financial Reporting Standards Foundation and the Public Interest Oversight Board (PIOB);

| (e) | for actions implementing the specific objective referred to in Article 3(2)(d)(i) in relation to the representation of consumers interest at the Union level, Bureau Européen des Unions de Consommateurs (BEUC) and European Association for the Coordination of Consumer Representation in Standardisation (ANEC) provided they have no conflicting interests and represent through its members the interests of Union consumers in at least two thirds of the Member States; |
| --- | --- |

(e)

for actions implementing the specific objective referred to in Article 3(2)(d)(i) in relation to the representation of consumers interest at the Union level, Bureau Européen des Unions de Consommateurs (BEUC) and European Association for the Coordination of Consumer Representation in Standardisation (ANEC) provided they have no conflicting interests and represent through its members the interests of Union consumers in at least two thirds of the Member States;

| (f) | for actions implementing the specific objective referred to in Article 3(2)(d)(ii), Finance Watch and Better Finance subject to the following conditions, to be assessed annually:






  (i) | the entities remain non-governmental, non-profit and independent of industry, commerce or business; |
| --- | --- | --- |

(f)

for actions implementing the specific objective referred to in Article 3(2)(d)(ii), Finance Watch and Better Finance subject to the following conditions, to be assessed annually:

(i)

the entities remain non-governmental, non-profit and independent of industry, commerce or business;

| (ii) | they have no conflicting interests and represent through its members the interests of Union consumers and other end-users in the area of financial services; |
| --- | --- |

(ii)

they have no conflicting interests and represent through its members the interests of Union consumers and other end-users in the area of financial services;

| (g) | for actions implementing the specific objective referred to in Article 3(2)(e) of this Regulation:






  (i) | the competent authorities of the Member States and their affiliated entities, the European Union Reference Laboratories and the European Union Reference Centres referred to in Articles 92, 95 and 97 of Regulation (EU) 2017/625 of the European Parliament and of the Council (56) and international organisations; |
| --- | --- | --- |

(g)

for actions implementing the specific objective referred to in Article 3(2)(e) of this Regulation:

(i)

the competent authorities of the Member States and their affiliated entities, the European Union Reference Laboratories and the European Union Reference Centres referred to in Articles 92, 95 and 97 of Regulation (EU) 2017/625 of the European Parliament and of the Council (56) and international organisations;

| (ii) | only in the case of actions described under Article 9(6)(a) and (b) of this Regulation, third countries, associated or not associated to the Programme; |
| --- | --- |

(ii)

only in the case of actions described under Article 9(6)(a) and (b) of this Regulation, third countries, associated or not associated to the Programme;

| (h) | for actions implementing the specific objective referred to in Article 3(2)(f) of this Regulation, the national statistical institutes and other national authorities referred to in Article 5(2) of Regulation (EC) No 223/2009. |
| --- | --- |

(h)

for actions implementing the specific objective referred to in Article 3(2)(f) of this Regulation, the national statistical institutes and other national authorities referred to in Article 5(2) of Regulation (EC) No 223/2009.

With regard to point (e) of the first paragraph of this Article, the Commission is empowered to adopt delegated acts in accordance with Article 20 to adapt the list of entities which may be awarded a grant under the Programme, for actions implementing the specific objective referred to in Article 3(2)(d)(i). [Am. 113]

Article 11

Evaluation and award criteria

The evaluation committee(s) for actions implementing the specific objective(s) referred to in Article 3(2) may be composed fully or partially of external experts. The work of the evaluation committee(s) shall be based on the principles of transparency, equal treatment and non-discrimination. [Am. 114]

Article 12

Co-financing rules

1.   For actions implementing the specific objective referred to in Article 3(2)(a)(ii) of this Regulation with reference to market surveillance authorities of the Member States and of the third countries associated to the Programme and with reference to Union testing facilities as referred to in Article 20 of [Proposal for a Regulation of the European Parliament and of the Council laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products], the Programme may finance up to 100 % of eligible costs of an action, provided that the co-financing principle as defined in the Financial Regulation is not infringed. [Am. 115]

2.   For grants awarded to the Public Interest Oversight Board (PIOB) implementing the specific objective referred to in Article 3(2)(c)(ii), if funding by the International Federation of Accountants (IFAC) in a given year reaches more than two-thirds of the total annual funding, the annual contribution for that year shall be limited to a maximum amount specified in the work programme referred to in Article 16.

3.   For actions implementing the specific objective referred to in Article 3(2)(e) of this Regulation, the Programme may finance up to 100 % of the eligible costs, provided that the co-financing principle as defined in Article 190 of the Financial Regulation is not infringed.

4.   For actions implementing the specific objective referred to in Article 3(2)(f) of this Regulation, the Programme may finance up to 95 % of the eligible costs of actions supporting collaborative networks as referred to in Article 15 of Regulation (EC) No 223/2009.

Article 13

Eligible costs

In addition to the criteria set out in Article 186 of the Financial Regulation, the following cost-eligibility criteria shall apply for actions implementing the specific objective referred to in Article 3(2)(e) of this Regulation:

| (a) | as referred to in Article 193(2)(b) of the Financial Regulation costs shall be eligible prior to the start date of the action; |
| --- | --- |

(a)

as referred to in Article 193(2)(b) of the Financial Regulation costs shall be eligible prior to the start date of the action;

| (b) | such costs may also be eligible as a result of taking measures in relation to suspected occurrence of a disease or presence of a pest, provided that that occurrence or presence is subsequently confirmed. |
| --- | --- |

(b)

such costs may also be eligible as a result of taking measures in relation to suspected occurrence of a disease or presence of a pest, provided that that occurrence or presence is subsequently confirmed.

Costs referred to in point (a) of the first paragraph shall be eligible from the date of notification of the occurrence of the disease or presence of the pest to the Commission.

Article 14

Cumulative, complementary and combined funding

1.   An action that has received a contribution from another Union programme may also receive a contribution under the Programme, provided that the contributions do not cover the same costs. The rules of each contributing Union programme shall apply to its respective contribution to the action. The cumulative funding shall not exceed the total eligible costs of the action and the support from the different Union programmes may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support.

2.   Actions awarded a Seal of Excellence certification, or which comply with the following cumulative, comparative, conditions:

| (a) | they have been assessed in a call for proposals under the Programme; |
| --- | --- |

(a)

they have been assessed in a call for proposals under the Programme;

| (b) | they comply with the minimum quality requirements of that call for proposals; |
| --- | --- |

(b)

they comply with the minimum quality requirements of that call for proposals;

| (c) | they may not be financed under that call for proposals due to budgetary constraints |
| --- | --- |

(c)

they may not be financed under that call for proposals due to budgetary constraints

may receive support from the European Regional Development Fund, the Cohesion Fund, the European Social Fund Plus or the European Agricultural Fund for Rural Development, in accordance with paragraph 5 of Article [67] of Regulation (EU) XX [Common Provisions Regulation] and Article [8] or Regulation (EU) XX [Financing, management and monitoring of the Common Agricultural Policy], or Regulation (EU) XX [establishing the Digital Europe Programme] in particular the objective on Advanced Digital Skills, provided that such actions are consistent with the objectives of the programme concerned. The rules of the Fund providing support shall apply. [Am. 116]

3.   An operation may receive support from one or more Union programmes. In such cases expenditure declared in a payment application shall not be declared in a payment application for another programme.

4.   The amount of expenditure to be entered into a payment application may be calculated for each programme concerned on a pro rata basis, in accordance with the document setting out the conditions for support.

CHAPTER III

BLENDING OPERATIONS

Article 15

Blending operations

Blending operations decided under this Programme shall be implemented in accordance with the [InvestEU regulation] and Title X of the Financial Regulation.

CHAPTER IV

PROGRAMMING, MONITORING, IMPLEMENTATION AND CONTROL

Article 16

Implementation of the Programme

1.   The Programme shall be implemented by Commission is empowered to adopt delegated acts pursuant to Article 20, supplementing this Regulation, in order to adopt work programme(s) referred to in accordance with Article 110 of the Financial Regulation. The work programmes shall be annual or multiannual and shall in particular set out the objectives to be pursued, the expected results, the method of implementation and the total amount of the financing plan. They shall also set out in detail a description of the actions to be financed, an indication of the amount allocated to each action and an indicative implementation timetable. Work programmes shall set out, where applicable, the overall amount reserved for blending operations. [Am. 117]

2.   The Commission is empowered to adopt delegated acts pursuant to Article 20, supplementing this Regulation by adopting work programmes implementing in accordance with the specific objective referred to in Article 3(2)(e) as set out in Annex I shall be adopted by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2). [Am. 118]

3.   By derogation from paragraph 1 of this Article, actions set out in Annex II to this Regulation implementing the specific objective referred to in Article 3(2)(f) of this Regulation shall be implemented in accordance with Articles 14 and 17 of Regulation (EC) No 223/2009.

Article 17

Monitoring and reporting

1.   Indicators to report on progress of the effectiveness and efficiency of the Programme towards the achievement of the specific objectives set out in Article 3(2) are set in Annex IV. [Am. 119]

2.   To ensure effective assessment of progress of the Programme towards the achievement of its objectives the Commission is empowered to adopt delegated acts in accordance with Article 20 to review or complement the indicators in Annex IV where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework.

3.   The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and, where relevant, Member States.

Article 18

Evaluation

1.   Evaluations shall be carried out in a timely manner to feed into the decision-making process.

2.   The interim evaluation of the Programme shall be performed once there is sufficient information available about By ... [four years after the start of the implementation of the Programme, but no later than four years after the start] at the latest, the Commission shall draw up an interim evaluation report of the Programme implementation on the achievement of the objectives of the actions supported under it, on the results and impacts, on the efficiency of the use of resources and on its Union added value. [Am. 120]

3.   In relation to actions implementing the specific objective referred to in Article 3(2)(c)(ii), the Commission shall prepare an annual report on the activity of the International Financial Reporting Standards Foundation as regards the development of International Financial Reporting Standards, of the PIOB and of the EFRAG. The Commission shall transmit the report to the European Parliament and to the Council.

4.   In accordance with Article 13 of Regulation (EC) No 223/2009, the Commission shall consult the European Statistical System Committee for the part of the evaluations that pertain to actions implementing the specific objective referred to in Article 3(2)(f) of this Regulation, prior to their adoption and submission to the European Parliament and the Council.

5.   At By ... [three years after the end of the implementation of the Programme, but no later than four years after the end of the period specified in Article 1,] at the latest, the Commission shall draw up a final evaluation report on the longer term impact of the Programme shall be carried out by the Commission, on the results and sustainability of the actions and on the synergies between the different work programmes. [Am. 121]

6.   The Commission shall communicate the conclusions of the evaluations submit the evaluation reports referred to in paragraphs 2 and 5, accompanied by its observations, conclusions to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions and make them publicly available. Where appropriate, the reports shall be accompanied by proposals for modifications of the Programme. [Am. 122]

Article 19

Protection of the financial interests of the Union

Where a third country participates in the Programme by a decision under an international agreement or by virtue of any other legal instrument, the third country shall grant the necessary rights and access required for the authorizing officer responsible, the European Anti-Fraud Office (OLAF), the European Court of Auditors to comprehensively exert their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, provided for in Regulation (EU, Euratom) No 883/2013 concerning investigations conducted by (OLAF).

Article 20

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 8(3b), 9, 10, 16 and 17, shall be conferred on the Commission until 31 December 2028. [Am. 123]

3.   The delegation of power referred to in Articles 8(3b), 9, 10, 16 and 17 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 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. 124]

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

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

6.   A delegated act adopted pursuant to Articles 8(3b), 9, 10, 16 and 17 shall enter into force 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. [Am. 125]

Article 21

Committee procedure

1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health established by Article 58 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (57). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (58). [Am. 126]

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

Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so requests.

CHAPTER V

TRANSITIONAL AND FINAL PROVISIONS

Article 22

Information, communication and publicity

1.   The recipients of Union funding shall acknowledge the origin and ensure transparency and visibility of the Union funding (in particular when promoting the actions and their results), by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. [Am. 127]

2.   The Commission shall implement information and communication actions relating to the Programme, and in a user-friendly manner, in order to raise awareness among consumers, citizens, businesses, especially SMEs and public administrations about the resources provided through the financial instruments of this Regulation, as well as about its actions and results. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 3. [Am. 128]

3.   The Commission (EUROSTAT) shall implement information and communication activities relating to implementation of the specific objective referred to in Article 3(2)(f), its actions and results when they pertain to the collection of data, development, production and dissemination of European statistics, in compliance with the statistical principles laid down in Regulation (EC) No 223/2009. [Am. 129]

Article 23

Repeal

Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014, (EU) No 258/2014, (EU) No 652/2014 and (EU) 2017/826 are repealed with effect from 1 January 2021.

Article 24

Transitional provisions

1.   This Regulation shall not affect the continuation or modification of the actions concerned, until their closure, under Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014, (EU) No 258/2014, (EU) No 652/2014 and (EU) 2017/826 which shall continue to apply to the actions concerned until their closure.

2.   The financial envelope for the Programme may also cover technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted under predecessor programmes established by acts listed in paragraph 1.

3.   If necessary, appropriations may be entered in the budget beyond 2027 to cover the expenses provided for in Article 4(3), to enable the management of actions not completed by 31 December 2027.

Article 25

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.

It shall apply from 1 January 2021.

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 62, 15.2.2019, p. 40.

1

(2)  OJ C 86, 7.3.2019, p. 259.

2

(3)  Position of the European Parliament of 12 February 2019.

3

(4)  Regulation (EU) No 99/2013 of the European Parliament and of the Council of 15 January 2013 on the European statistical programme 2013-17 (OJ L 39, 9.2.2013, p. 12).

4

(5)  Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).

5

(6)  Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

6

(7)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).

7

(8)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

8

(9)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

9

(10)  COM(2018)0439.

10

(11)  Regulation (EU) No 1287/2013 of the European Parliament and of the Council of 11 December 2013 establishing a Programme for the Competitiveness of Enterprises and small and medium-sized enterprises (COSME) (2014 — 2020) and repealing Decision No 1639/2006/EC (OJ L 347, 20.12.2013, p. 33).

11

(12)  Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

12

(13)  Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).

13

(14)  Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (OJ L 243, 11.9.2002, p. 1).

14

(15)  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, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).

15

(16)  Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (OJ L 157, 9.6.2006, p. 87).

16

(17)  Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4).

17

(18)  Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).

18

(19)  Regulation (EU) 2017/826 of the European Parliament and of the Council of 17 May 2017 on establishing a Union programme to support specific activities enhancing the involvement of consumers and other financial services end-users in Union policy-making in the area of financial services for the period 2017-2020 (OJ L 129, 19.5.2017, p. 17).

19

(20)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

20

(21)  Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).

21

(22)  OJ C 373, 20.12.2013, p. 1.

22

(23)  OJ L 90, 28.3.2006, p. 2.

23

(24)  COM(2010)0700.

24

(25)  COM(2017)0623.

25

(26)  COM(2018)0442.

26

(27)  COM(2018)0443.

27

(28)  COM(2018)0372.

28

(29)  COM(2018)0439.

29

(30)  COM(2018)0447.

30

(31)  COM(2018)0435.

31

(32)  COM(2018)0434.

32

(33)  COM(2018)0375.

33

(34)  COM(2018)0367.

34

(35)  COM(2018)0322, Article 10.

35

(36)  COM(2018)0382.

36

(37)  COM(2018)0393.

37

(38)  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).

38

(39)  OJ L 123, 12.5.2016, p. 1.

39

(40)  Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (“Animal Health Law”) (OJ L 84, 31.3.2016, p. 1).

40

(41)  Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of Salmonella and other specified food-borne zoonotic agents (OJ L 325, 12.12.2003, p. 1).

41

(42)  Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1).

42

(43)  Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (Overseas Association Decision) (OJ L 344, 19.12.2013, p. 1).

43

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

44

(45)  Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).

45

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

46

(47)  Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

47

(48)  Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

48

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

49

(50)  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 (OJ L 8, 12.1.2001, p. 1).

50

(51)  Regulation (EU) No 254/2014 of the European Parliament and of the Council of 26 February 2014 on a multiannual consumer programme of the years 2014-20 and repealing Decision No 1926/2006/EC (OJ L 84, 20.3.2014, p. 42).

51

(52)  Regulation (EU) No 258/2014 of the European Parliament and of the Council of 3 April 2014 establishing a Union programme to support specific activities in the field of financial reporting and auditing for the period of 2014-20 and repealing Decision No 716/2009/EC (OJ L 105, 8.4.2014, p. 1).

52

(53)  Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.6.2014, p. 1).

53

(54)  [to add]

54

(55)  COM(2017)0795.

55

(56)  Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).

56

(57)  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 031, 01.02.2002, p. 1).

57

(58)  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).

58

ANNEX I

Eligible actions implementing the specific objective referred to in Article 3(2)(e)

The following actions — mainly implemented through grants and procurement — implementing the specific objective referred to in Article 3(2)(e) shall be eligible for funding:

1.   Veterinary and phytosanitary emergency measures

| 1.1. | Veterinary and phytosanitary emergency measures to be taken as a result of the confirmation of the occurrence of one of the animal diseases or zoonosis listed in Annex III or of the confirmation of the presence of one or more pests or if there is a direct threat to the human, animal or plant health status of the Union.
  The measures referred to in the first paragraph shall be implemented immediately and their application shall comply with the provisions laid down in the relevant Union law. |
| --- | --- |

1.1.

The measures referred to in the first paragraph shall be implemented immediately and their application shall comply with the provisions laid down in the relevant Union law.

| 1.2. | As regards phytosanitary emergencies, the following measures taken by Member States against the first outbreak of pests in a particular area:






  (a) | measures to
  prevent, contain and/or
  eradicate a Union quarantine pest, taken by the competent authority of a Member State pursuant to Article 16 of Regulation (EU) 2016/2031 of the European Parliament and of the Council (1) or pursuant to the Union measures adopted in accordance with Article 28(1) of that Regulation; [Am. 130] |
| --- | --- | --- |

1.2.

(a)

measures to
  prevent, contain and/or
  eradicate a Union quarantine pest, taken by the competent authority of a Member State pursuant to Article 16 of Regulation (EU) 2016/2031 of the European Parliament and of the Council (1) or pursuant to the Union measures adopted in accordance with Article 28(1) of that Regulation; [Am. 130]

| (b) | measures to
  prevent, contain and/or
  eradicate a pest, not listed as Union quarantine pests, taken by the competent authority of a Member State pursuant to Article 29 of Regulation (EU) 2016/2031 and which may qualify as Union quarantine pests in accordance with the criteria referred to in that Article or Article 30(1) of that Regulation; [Am. 131] |
| --- | --- |

(b)

measures to
  prevent, contain and/or
  eradicate a pest, not listed as Union quarantine pests, taken by the competent authority of a Member State pursuant to Article 29 of Regulation (EU) 2016/2031 and which may qualify as Union quarantine pests in accordance with the criteria referred to in that Article or Article 30(1) of that Regulation; [Am. 131]

| (c) | additional protective measures taken against the spread of a pest, against which Union measures have been adopted pursuant to Article 28(1) and Article 30(1) of Regulation (EU) 2016/2031, other than the eradication measures referred to in point (a) of this point and the containment measures referred to in point

  points (a) and
  (b) of this point, where those measures are essential to protect the Union against further spread of that pest
  , restricting where necessary the free movement of carriers in the surrounding Member States
  . [Am. 132] |
| --- | --- |

(c)

additional protective measures taken against the spread of a pest, against which Union measures have been adopted pursuant to Article 28(1) and Article 30(1) of Regulation (EU) 2016/2031, other than the eradication measures referred to in point (a) of this point and the containment measures referred to in point

  points (a) and
  (b) of this point, where those measures are essential to protect the Union against further spread of that pest
  , restricting where necessary the free movement of carriers in the surrounding Member States
  . [Am. 132]

| (ca) | measures to eradicate a pest that has suddenly appeared, even if it is not considered a Union quarantine pest but the result of extreme climatic events or climate change in a Member State. [Am. 133] |
| --- | --- |

(ca)

measures to eradicate a pest that has suddenly appeared, even if it is not considered a Union quarantine pest but the result of extreme climatic events or climate change in a Member State. [Am. 133]

| 1.3. | Union funding may also be provided for the following measures: |
| --- | --- |

1.3.

| 1.3.1. | Protection measures taken in the case of a direct threat to the health status of the Union as a result of the occurrence or development, in the territory of a third country, a Member State or an OCT, of one of the animal diseases and zoonoses listed in Annex III as well as protection measures, or other relevant activities, taken in support of the plant health status of the Union; |
| --- | --- |

1.3.1.

| 1.3.2. | Measures referred to in this Annex carried out by two or more Member States which collaborate closely to control the epidemic; |
| --- | --- |

1.3.2.

| 1.3.3. | The establishment of stocks of biological products intended for the control of the animal diseases and zoonoses listed in Annex III, where the Commission, at the request of a Member State, considers establishment of such stocks necessary in that Member State; |
| --- | --- |

1.3.3.

| 1.3.4. | The establishment of stocks of biological products or the acquisition of vaccine doses if the occurrence or the development in a third country or Member State of one of the animal diseases and zoonoses listed in Annex III might constitute a threat to the Union. |
| --- | --- |

1.3.4.

| 1.3.4a. | In the event of a suspected outbreak of an animal disease and/or the appearance of harmful organisms, checks and monitoring will need to be greatly intensified throughout the EU within the Union and at its external borders; [Am. 134] |
| --- | --- |

1.3.4a.

| 1.3.4b. | Measures to monitor the appearance of known as well as currently unknown pests and diseases. [Am. 135] |
| --- | --- |

1.3.4b.

2.   Annual and multiannual veterinary and phytosanitary programmes

| 2.1. | Annual and multiannual veterinary and phytosanitary programmes for the
  prevention,
   eradication, control and surveillance of animal diseases and zoonoses listed in Annex III and of plant pests have to be implemented in compliance with the provisions laid down in the relevant Union law. [Am. 136]

  The conditions for the actions to qualify for funding shall be set out in the work programme referred to in Article 16.
  Programmes shall be submitted to the Commission by 31 May of the year preceding the planned implementation period.
  Following the submission of intermediate financial reports by the beneficiaries, the Commission may, if necessary, amend the grant agreements in relation to the whole eligibility period.


  These programmes should reflect the new realities caused by climate change and the diversity thereof at European level; they should also help prevent the erosion of European biodiversity. [Am. 137] |
| --- | --- |

2.1.

The conditions for the actions to qualify for funding shall be set out in the work programme referred to in Article 16.

Programmes shall be submitted to the Commission by 31 May of the year preceding the planned implementation period.

Following the submission of intermediate financial reports by the beneficiaries, the Commission may, if necessary, amend the grant agreements in relation to the whole eligibility period.

These programmes should reflect the new realities caused by climate change and the diversity thereof at European level; they should also help prevent the erosion of European biodiversity. [Am. 137]

| 2.2. | If the occurrence or the development of one of the animal diseases or zoonoses listed in Annex III is likely to constitute a threat to the health status of the Union and in order to protect the Union from the introduction of one of those diseases or zoonoses or if protection measures are necessary in support of the plant health status of the Union, Member States may include in their national programmes measures to be implemented in territories of third countries in cooperation with the authorities of those countries. Under the same circumstances and for the same objective, Union funding may be directly awarded to third countries' competent authorities. |
| --- | --- |

2.2.

| 2.3. | As regards phytosanitary programmes, Union funding may be awarded to Member States for the following measures:






  (a) | surveys, over specific periods of time, checking at least for the presence of any Union quarantine pest, and signs or symptoms of any pest subject to the measures referred to in Article 29 of Regulation (EU) 2016/2031 or to measures adopted pursuant to Article 30(1) of that Regulation; |
| --- | --- | --- |

2.3.

(a)

surveys, over specific periods of time, checking at least for the presence of any Union quarantine pest, and signs or symptoms of any pest subject to the measures referred to in Article 29 of Regulation (EU) 2016/2031 or to measures adopted pursuant to Article 30(1) of that Regulation;

| (b) | surveys, over specific periods of time, checking at least for the presence of any pests, other than the pests referred to in point (a), which might represent an emerging risk for the Union, and the entry or spread of which might have a significant impact for the Union agriculture or forests; |
| --- | --- |

(b)

surveys, over specific periods of time, checking at least for the presence of any pests, other than the pests referred to in point (a), which might represent an emerging risk for the Union, and the entry or spread of which might have a significant impact for the Union agriculture or forests;

| (c) | measures to
  prevent, contain or
  eradicate a Union quarantine pest, taken by the competent authority of a Member State pursuant to Article 17 of Regulation (EU) 2016/2031 or pursuant to the Union measures adopted in accordance with Article 28(1) of that Regulation; [Am. 138] |
| --- | --- |

(c)

measures to
  prevent, contain or
  eradicate a Union quarantine pest, taken by the competent authority of a Member State pursuant to Article 17 of Regulation (EU) 2016/2031 or pursuant to the Union measures adopted in accordance with Article 28(1) of that Regulation; [Am. 138]

| (d) | measures to
  prevent, contain or
  eradicate a pest, not listed as Union quarantine pests, taken by the competent authority of a Member State pursuant to Article 29 of Regulation (EU) 2016/2031 and which may qualify as Union quarantine pests in accordance with the criteria referred to in that Article or Article 30(1) of that Regulation; [Am. 139] |
| --- | --- |

(d)

measures to
  prevent, contain or
  eradicate a pest, not listed as Union quarantine pests, taken by the competent authority of a Member State pursuant to Article 29 of Regulation (EU) 2016/2031 and which may qualify as Union quarantine pests in accordance with the criteria referred to in that Article or Article 30(1) of that Regulation; [Am. 139]

| (e) | additional protective measures taken against the spread of a pest, against which Union measures have been adopted pursuant to Articles 28(1) and 30(1) of Regulation (EU) 2016/2031, other than the eradication measures referred to in point (c) of this point and the containment measures referred to in point

  points (c) and
  (d) of this point, where those measures are essential to protect the Union against further spread of that pest; [Am. 140] |
| --- | --- |

(e)

additional protective measures taken against the spread of a pest, against which Union measures have been adopted pursuant to Articles 28(1) and 30(1) of Regulation (EU) 2016/2031, other than the eradication measures referred to in point (c) of this point and the containment measures referred to in point

  points (c) and
  (d) of this point, where those measures are essential to protect the Union against further spread of that pest; [Am. 140]

| (f) | measures to contain a pest, against which Union containment measures have been adopted pursuant to Article 28(2) of Regulation (EU) 2016/2031 or Article 30(3) of that Regulation, in an infested area from which that pest cannot be eradicated, where those measures are essential to protect the Union against further spread of that pest. |
| --- | --- |

(f)

measures to contain a pest, against which Union containment measures have been adopted pursuant to Article 28(2) of Regulation (EU) 2016/2031 or Article 30(3) of that Regulation, in an infested area from which that pest cannot be eradicated, where those measures are essential to protect the Union against further spread of that pest.

The work programme referred to in Article 16 shall determine the list of plant pests to be covered under these measures.

| 3. | Activities to support the improvement of the welfare of animals
  , including measures to ensure compliance with animal welfare standards and traceability including during animal transport
  . [Am. 141] |
| --- | --- |

3.

| 4. | European Union reference laboratories and European Union reference centres, referred to in Articles 92, 95 and 97 of Regulation (EU) 2017/625. |
| --- | --- |

4.

| 5. | Coordinated control programmes and information and data collection, referred to in Article 112 of Regulation (EU) 2017/625. |
| --- | --- |

5.

| 6. | Activities for preventing food waste and combating food fraud. |
| --- | --- |

6.

| 7. | Activities supporting a

  agroecological production,
  sustainable food production and consumption
  , which does not cause harm to the environment and biodiversity, and promotion of direct sales and short supply chains
  . [Am. 142] |
| --- | --- |

7.

| 8. | Data-bases and computerised information management systems necessary for the effective and efficient implementation of the legislation related to the specific objective referred to in Article 3(2)(e) and having a proven added value for the Union as a whole
  ; implementation of new technologies to improve traceability of products such as QR codes on product packaging
  . [Am. 143] |
| --- | --- |

8.

| 9. | The training of the staff of the competent authorities responsible for official controls and other parties involved in the management and/or prevention of animal diseases or plant pests, as referred to in Article 130 of Regulation (EU) 2017/625. |
| --- | --- |

9.

| 10. | Travel, accommodation and daily subsistence expenses incurred by Member States’ experts as a result of the Commission appointing them to assist its experts as provided for in Articles 116(4) and 120(4) of Regulation (EU) 2017/625. |
| --- | --- |

10.

| 11. | Technical and scientific work, including studies and coordination activities, necessary
  to safeguard prevention of the appearance of new as well as unknown pests and diseases and
  to ensure the correct implementation of the legislation in the area related to the specific objective referred to in Article 3(2)(e) and the adaptation of that legislation to scientific, technological and societal developments. [Am. 144] |
| --- | --- |

11.

| 12. | Activities carried out by the Member States or international organisations operating with the aim of achieving the specific objective referred to in Article 3(2)(e) in support of the development and implementation of the rules related to that objective. |
| --- | --- |

12.

| 13. | Projects organised by one or more Member States with the aim of improving, through the use of innovative techniques and protocols, the efficient implementation of the specific objective referred to in Article 3(2)(e). |
| --- | --- |

13.

| 14. | Support to information and awareness raising initiatives by the Union and Member States aimed at ensuring improved, compliant and sustainable food production and consumption, including food waste
  prevention contributing to the circular economy,
  and food fraud prevention activities, within the implementation of the rules in the area of the specific objective referred to in Article 3(2)(e). [Am. 145] |
| --- | --- |

14.

| 15. | Measures carried out to protect human, animal and plant health and animal welfare, implemented on animals, animal products, plant and plant products arriving from third countries at a Union border. |
| --- | --- |

15.

---

(1)  Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ L 317, 23.11.2016, p. 4).

ANNEX II

Eligible actions implementing the specific objective referred to in Article 3(2)(f)

The implementation of Union policies requires high-quality, comparable and reliable statistical information about the economic, social, territorial and environmental situation in the Union. Additionally, European statistics allow European citizens to understand and to participate in the democratic process and debate about the present state and future of the Union.

Together with Regulation (EC) No 223/2009 on European statistics, the Programme provides the overall framework for the development, production and dissemination of European statistics for 2021-2027. European statistics are developed, produced and disseminated under that framework and in accordance with the principles of the European statistics Code of Practice through close and coordinated cooperation within the European Statistical System (ESS).

European statistics developed, produced and disseminated under this framework, contribute to the implementation of the Union's policies as set out in the TFEU and further reflected in the Commission's strategic priorities.

In implementing the specific objective referred to in Article 3(2)(f), the following actions shall be carried out:

Economic and Monetary Union, Globalisation and Trade

| — | providing high-quality statistics underpinning the Excessive Deficit Procedure, Reform Support Programme and the Union's annual cycle of economic monitoring and guidance; |
| --- | --- |

—

providing high-quality statistics underpinning the Excessive Deficit Procedure, Reform Support Programme and the Union's annual cycle of economic monitoring and guidance;

| — | providing and where necessary, enhancing the Principal European Economic Indicators (PEEIs); |
| --- | --- |

—

providing and where necessary, enhancing the Principal European Economic Indicators (PEEIs);

| — | providing statistics and methodological guidance on the statistical treatment of the investment and budgetary instruments in supporting economic convergence, financial stability and job creation; |
| --- | --- |

—

providing statistics and methodological guidance on the statistical treatment of the investment and budgetary instruments in supporting economic convergence, financial stability and job creation;

| — | providing statistics for own resource purposes and remunerations and pensions of EU staff; |
| --- | --- |

—

providing statistics for own resource purposes and remunerations and pensions of EU staff;

| — | better measuring of trade in
  goods and
  services, foreign direct investment, global value chains and the impact of globalisation on the Union economies. [Am. 146] |
| --- | --- |

—

better measuring of trade in
  goods and
  services, foreign direct investment, global value chains and the impact of globalisation on the Union economies. [Am. 146]

Single Market, Innovation and Digital transformation

| — | providing high quality and reliable statistics for the Single Market, the European Defence Action Plan and key areas of innovation and research; |
| --- | --- |

—

providing high quality and reliable statistics for the Single Market, the European Defence Action Plan and key areas of innovation and research;

| — | providing more and timelier statistics on collaborative economy and the impact of digitalisation on the European business and citizens. |
| --- | --- |

—

providing more and timelier statistics on collaborative economy and the impact of digitalisation on the European business and citizens.

Social dimension of Europe

| — | providing high quality, timely and reliable statistics to support the European Pillar of Social Rights and the Union Skills Policy, including
  , but not exclusive to,
  statistics on the labour market, employment, education and training, income, living conditions, poverty, inequality, social protection, undeclared work and satellite accounts on skills; [Am. 147] |
| --- | --- |

—

providing high quality, timely and reliable statistics to support the European Pillar of Social Rights and the Union Skills Policy, including
  , but not exclusive to,
  statistics on the labour market, employment, education and training, income, living conditions, poverty, inequality, social protection, undeclared work and satellite accounts on skills; [Am. 147]

| — | providing statistics related to the United Nations Convention on the Rights of Persons with Disabilities; |
| --- | --- |

—

providing statistics related to the United Nations Convention on the Rights of Persons with Disabilities;

| — | enriching statistics on migration in particular on the situation and integration of migrants and education needs and qualification levels of asylum seekers; |
| --- | --- |

—

enriching statistics on migration in particular on the situation and integration of migrants and education needs and qualification levels of asylum seekers;

| — | developing modernised post-2021 Population and Housing Census programmes and population statistics; |
| --- | --- |

—

developing modernised post-2021 Population and Housing Census programmes and population statistics;

| — | providing population projections and their annual updates. |
| --- | --- |

—

providing population projections and their annual updates.

Sustainable development, Natural Resources and Environment

| — | monitoring the progress towards the Sustainable Development Goals (SDGs); |
| --- | --- |

—

monitoring the progress towards the Sustainable Development Goals (SDGs);

| — | further developing statistics in support of the Energy Strategy, circular economy and plastics strategy; |
| --- | --- |

—

further developing statistics in support of the Energy Strategy, circular economy and plastics strategy;

| — | providing key environmental statistics and indicators including on waste, water, biodiversity, forests, land use and land cover as well as climate-related statistics and environmental economic accounts; |
| --- | --- |

—

providing key environmental statistics and indicators including on waste, water, biodiversity, forests, land use and land cover as well as climate-related statistics and environmental economic accounts;

| — | providing freight and passengers' transport statistics to support the policies of the Union and |
| --- | --- |

—

providing freight and passengers' transport statistics to support the policies of the Union and

| — | developing further indicators to monitor intermodality and modal shift towards more environmentally friendly transport modes; |
| --- | --- |

—

developing further indicators to monitor intermodality and modal shift towards more environmentally friendly transport modes;

| — | providing timely and relevant data for the needs of the Common Agricultural Policy, Common Fisheries policy and policies related to the environment, food security and animal welfare. |
| --- | --- |

—

providing timely and relevant data for the needs of the Common Agricultural Policy, Common Fisheries policy and policies related to the environment, food security and animal welfare.

Economic, Social and Territorial Cohesion

| — | providing timely and comprehensive statistical indicators on regions, including the Union outermost regions, cities and rural areas to monitor and evaluate the effectiveness of territorial development policies, and to evaluate the territorial impacts of sectoral policies; |
| --- | --- |

—

providing timely and comprehensive statistical indicators on regions, including the Union outermost regions, cities and rural areas to monitor and evaluate the effectiveness of territorial development policies, and to evaluate the territorial impacts of sectoral policies;

| — | supporting the development of indicators on anti-money laundering and fight against financing of terrorism; and developing police and security statistics; |
| --- | --- |

—

supporting the development of indicators on anti-money laundering and fight against financing of terrorism; and developing police and security statistics;

| — | increasingly using geospatial data and systematically integrating and mainstreaming geospatial information management into statistical production. |
| --- | --- |

—

increasingly using geospatial data and systematically integrating and mainstreaming geospatial information management into statistical production.

Better communication of European statistics and promoting it as a trustworthy source in tackling disinformation online

| — | systematically promoting European statistics as a trustworthy source of evidence and facilitating fact checkers, researchers and public authorities to use it in tackling disinformation online; |
| --- | --- |

—

systematically promoting European statistics as a trustworthy source of evidence and facilitating fact checkers, researchers and public authorities to use it in tackling disinformation online;

| — | making it easier for users to access and understand statistics, including by providing attractive and interactive visualisations, more tailored services like on-demand data, and self-service analytics; |
| --- | --- |

—

making it easier for users to access and understand statistics, including by providing attractive and interactive visualisations, more tailored services like on-demand data, and self-service analytics;

| — | further developing and monitoring the quality assurance framework for European statistics, including through peer reviews of the Members States' compliance with the European statistics Code of Practice; |
| --- | --- |

—

further developing and monitoring the quality assurance framework for European statistics, including through peer reviews of the Members States' compliance with the European statistics Code of Practice;

| — | providing access to micro-data for research purposes while safeguarding the highest standards in the protection of data and statistical confidentiality. |
| --- | --- |

—

providing access to micro-data for research purposes while safeguarding the highest standards in the protection of data and statistical confidentiality.

Reaping the benefits of data revolution and moving to trusted smart statistics

| — | stepping-up the exploitation of new digital data sources and establishing the foundations of trusted smart statistics to produce new statistics in near real-time with trusted algorithms; |
| --- | --- |

—

stepping-up the exploitation of new digital data sources and establishing the foundations of trusted smart statistics to produce new statistics in near real-time with trusted algorithms;

| — | developing novel approaches to use privately held data through the adoption of privacy-preserving computation and secure multiparty computation methods; |
| --- | --- |

—

developing novel approaches to use privately held data through the adoption of privacy-preserving computation and secure multiparty computation methods;

| — | promoting cutting-edge research and innovation in official statistics, including by making use of collaborative networks and providing European Statistical Training Programmes. |
| --- | --- |

—

promoting cutting-edge research and innovation in official statistics, including by making use of collaborative networks and providing European Statistical Training Programmes.

Expanded partnerships and statistical cooperation

| — | strengthening the ESS partnership and the cooperation with the European System of Central Banks; |
| --- | --- |

—

strengthening the ESS partnership and the cooperation with the European System of Central Banks;

| — | fostering partnerships with public and private data holders and the technology sector to facilitate access to data for statistical purposes, the integration of data from multiple sources and the use of latest technologies; |
| --- | --- |

—

fostering partnerships with public and private data holders and the technology sector to facilitate access to data for statistical purposes, the integration of data from multiple sources and the use of latest technologies;

| — | enhancing cooperation with research and academia, in particular as regards the use of new data sources, data analytics, and the promotion of statistical literacy; |
| --- | --- |

—

enhancing cooperation with research and academia, in particular as regards the use of new data sources, data analytics, and the promotion of statistical literacy;

| — | cooperating with international organisations and third countries for the benefit of global official statistics. |
| --- | --- |

—

cooperating with international organisations and third countries for the benefit of global official statistics.

ANNEX III

List of animal diseases and zoonoses

| (1) | African horse sickness |
| --- | --- |

(1)

African horse sickness

| (2) | African swine fever |
| --- | --- |

(2)

African swine fever

| (3) | Anthrax |
| --- | --- |

(3)

Anthrax

| (4) | Avian influenza (highly pathogenic), |
| --- | --- |

(4)

Avian influenza (highly pathogenic),

| (5) | Avian influenza (low pathogenic) |
| --- | --- |

(5)

Avian influenza (low pathogenic)

| (6) | Campylobacteriosis |
| --- | --- |

(6)

Campylobacteriosis

| (7) | Classical swine fever |
| --- | --- |

(7)

Classical swine fever

| (8) | Foot-and-mouth disease |
| --- | --- |

(8)

Foot-and-mouth disease

| (9) | Contagious caprine pleuropneumonia |
| --- | --- |

(9)

Contagious caprine pleuropneumonia

| (10) | Glanders |
| --- | --- |

(10)

Glanders

| (11) | Infection with bluetongue virus (serotypes 1-24), |
| --- | --- |

(11)

Infection with bluetongue virus (serotypes 1-24),

| (12) | Infection with

  Brucella abortus
  ,
  B. melitensis

  and

  B. suis |
| --- | --- |

(12)

Infection with

  Brucella abortus
  ,
  B. melitensis

  and

  B. suis

| (13) | Infection with epizootic haemorrhagic disease virus |
| --- | --- |

(13)

Infection with epizootic haemorrhagic disease virus

| (14) | Infection with lumpy skin disease virus |
| --- | --- |

(14)

Infection with lumpy skin disease virus

| (15) | Infection with

  Mycoplasma mycoides

  subsp. mycoides SC (Contagious bovine pleuropneumonia), |
| --- | --- |

(15)

Infection with

  Mycoplasma mycoides

  subsp. mycoides SC (Contagious bovine pleuropneumonia),

| (16) | Infection with

  Mycobacterium tuberculosis

  complex (

  M. bovis
  ,
  M. caprae

  and

  M. tuberculosis
  ) |
| --- | --- |

(16)

Infection with

  Mycobacterium tuberculosis

  complex (

  M. bovis
  ,
  M. caprae

  and

  M. tuberculosis
  )

| (17) | Infection with Newcastle disease virus |
| --- | --- |

(17)

Infection with Newcastle disease virus

| (18) | Infection with peste des petits ruminants virus |
| --- | --- |

(18)

Infection with peste des petits ruminants virus

| (19) | Infection with rabies virus |
| --- | --- |

(19)

Infection with rabies virus

| (20) | Infection with Rift Valley fever virus |
| --- | --- |

(20)

Infection with Rift Valley fever virus

| (21) | Infection with rinderpest virus |
| --- | --- |

(21)

Infection with rinderpest virus

| (22) | Infection with zoonotic

  Salmonella

  serovars |
| --- | --- |

(22)

Infection with zoonotic

  Salmonella

  serovars

| (23) | Infestation with

  Echinococcus


  spp |
| --- | --- |

(23)

Infestation with

  Echinococcus


  spp

| (24) | Listeriosis |
| --- | --- |

(24)

Listeriosis

| (25) | Sheep pox and goat pox |
| --- | --- |

(25)

Sheep pox and goat pox

| (26) | Transmissible spongiform encephalopathies |
| --- | --- |

(26)

Transmissible spongiform encephalopathies

| (27) | Trichinellosis |
| --- | --- |

(27)

Trichinellosis

| (28) | Venezuelan equine encephalomyelitis |
| --- | --- |

(28)

Venezuelan equine encephalomyelitis

| (29) | Verotoxigenic

  E. coli |
| --- | --- |

(29)

Verotoxigenic

  E. coli

The list of animal diseases and zoonoses covers:

| (a) | the list of diseases drawn up pursuant to Chapter 2 of Part 1 of Regulation (EU) 2016/429; |
| --- | --- |

(a)

the list of diseases drawn up pursuant to Chapter 2 of Part 1 of Regulation (EU) 2016/429;

| (b) | salmonella, zoonoses and zoonotic agents covered by Regulation (EC) No 2160/2003 and Directive 2003/99/EC
   (1); |
| --- | --- |

(b)

salmonella, zoonoses and zoonotic agents covered by Regulation (EC) No 2160/2003 and Directive 2003/99/EC
   (1);

| (c) | transmissible spongiform encephalopathies. [Am. 148] |
| --- | --- |

(c)

transmissible spongiform encephalopathies. [Am. 148]

---

(1)  
  Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC (OJ L 325, 12.12.2003, p. 31).

ANNEX IV

INDICATORS

| Objective | Indicator |
| --- | --- |
| Objectives laid down in Article 3(2)(a)

  3(2)(a)(i) | 1 - | Number of new complaints and cases of non-compliance in the area of free movement of goods and services, as well as Union legislation on public procurement. |

Objective

Indicator

Objectives laid down in Article 3(2)(a)

  3(2)(a)(i)

1 -

Number of new complaints and cases of non-compliance in the area of free movement of goods and services, as well as Union legislation on public procurement.

| 2 - | Services Trade Restrictiveness Index. |
| --- | --- |

2 -

Services Trade Restrictiveness Index.

| 3 - | Number of visits to the Your Europe portal. |
| --- | --- |

3 -

Number of visits to the Your Europe portal.

| 4 – | Number of Joint market surveillance campaigns. |
| --- | --- |

4 –

Objectives laid down in Article 3(2)(a)(ii)

| 1 - | Number of new complaints and cases of non-compliance in the area of free movement of goods and services and online sales. |
| --- | --- |

1 -

| 2 - | Number of Joint market surveillance and products safety campaigns. |
| --- | --- |

2 -

Objectives laid down in Article 3(2)(b)

| 1 - | Number of SMEs receiving support
  from the programme and the Network. |
| --- | --- |

1 -

Number of SMEs receiving support
  from the programme and the Network.

| 2 - | Number of companies supported having concluded business partnerships. |
| --- | --- |

2 -

Number of companies supported having concluded business partnerships.

| 2a - | Number of entrepreneurs benefitting from mentoring and mobility schemes. |
| --- | --- |

2a -

| 2b - | Time and cost reduction in setting up an SME. |
| --- | --- |

2b -

| 2c - | Number of enterprise networks created compared to baseline. |
| --- | --- |

2c -

| 2d | - Number of Member States using SME test. |
| --- | --- |

2d

| 2e - | Marked increase in the number of Member States with a one-stop shop for business start-ups. |
| --- | --- |

2e -

| 2f - | Increase in the proportion of SMEs exporting and increase in the proportion of SMEs exporting outside the Union compared to baseline. |
| --- | --- |

2f -

| 2 g - | Marked increase in number of Member States implementing entrepreneurship solutions targeting potential, young, new and female entrepreneurs, as well as other specific target groups compared to baseline. |
| --- | --- |

2 g -

| 2h - | Increase in the proportion of Union citizens that would like to be self-employed compared to baseline. |
| --- | --- |

2h -

| 2i - | Performance of SMEs as regards sustainability to be measured inter alia by the increase in the proportion of Union SMEs developing sustainable blue economy and green products

   (1a)

  and services and by their improvement in resource-efficiency (which may include energy, materials or water, recycling, etc) compared to baseline. |
| --- | --- |

2i -

*all indicators to be compared with the current situation on 2018.

Objectives laid down in Article 3(2)(c)

(i)

(ii)

| 1 - | Share of implementation of European standards as national standards by Member States in total amount of active European standards. |
| --- | --- |

1 -

Share of implementation of European standards as national standards by Member States in total amount of active European standards.

| 2 - | Percentage of international financial reporting and auditing standards endorsed by the Union. |
| --- | --- |

2 -

Percentage of international financial reporting and auditing standards endorsed by the Union.

Objectives laid down in Article 3(2)(d)

(i)

(ii)

| 1 - | Consumer condition index. |
| --- | --- |

1 -

Consumer condition index.

| 2 - | Number of position papers and responses to public consultations in the field of financial services from beneficiaries. |
| --- | --- |

2 -

Number of position papers and responses to public consultations in the field of financial services from beneficiaries.

Objectives laid down in Article 3(2)(e)

| 1 - | Number of successfully implemented national veterinary and phytosanitary programmes. |
| --- | --- |

1 -

Number of successfully implemented national veterinary and phytosanitary programmes.

| 2
  - | Number of emergencies caused by pests successfully resolved. |
| --- | --- |

2
  -

| 3
  - | Number of emergencies caused by diseases successfully resolved. |
| --- | --- |

3
  -

Objectives laid down in Article 3(2)(f)

| 1 - | Impact of statistics published on the internet: number of web mentions and positive/negative opinions. |
| --- | --- |

1 -

Impact of statistics published on the internet: number of web mentions and positive/negative opinions.

[Am 149]

---

(1a)  
  Green products and services are those with a predominant function of reducing environmental risk and minimising pollution and resources. Products with environmental features (eco-designed, eco-labelled, organically produced, and with an important recycled content) are also included. Source: Flash Eurobarometer 342, ‘SMEs, Resource Efficiency and Green Markets’.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/295 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/295

---

P8_TA(2019)0074

VAT: Definitive system for the taxation of trade between Member States *

European Parliament legislative resolution of 12 February 2019 on the proposal for a Council directive amending Directive 2006/112/EC as regards the introduction of the detailed technical measures for the operation of the definitive VAT system for the taxation of trade between Member States (COM(2018)0329 — C8-0317/2018 — 2018/0164(CNS))

(Special legislative procedure — consultation)

(2020/C 449/38)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2018)0329), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2018)0329),

| — | having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0317/2018), |
| --- | --- |

—

having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0317/2018),

| — | having regard to Rule 78c of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 78c of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A8-0028/2019), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A8-0028/2019),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

| 2. | Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union; |
| --- | --- |

2.

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

| 4. | Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal; |
| --- | --- |

4.

| 5. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

5.

Amendment 1

Proposal for a directive

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | When the Council adopted in 1967 the common system of value added tax (VAT) by means of Council Directives
  62/227/EEC

   (1) and 67/228/EEC (2), the commitment was made to establish a definitive VAT system for the taxation of trade between Member States operating in a similar way as it would within a single Member State. Since the political and technical conditions were not ripe for such a system, when the fiscal frontiers between Member States were abolished by the end of 1992 transitional VAT arrangements were adopted. Council Directive 2006/112/EC (3), which is currently in force, provides that these transitional rules have to be replaced by definitive arrangements based in principle on the taxation in the Member State of origin of the supply of goods or services. |

Text proposed by the Commission

Amendment

(1)

When the Council adopted in 1967 the common system of value added tax (VAT) by means of Council Directives
  62/227/EEC

   (1) and 67/228/EEC (2), the commitment was made to establish a definitive VAT system for the taxation of trade between Member States operating in a similar way as it would within a single Member State. Since the political and technical conditions were not ripe for such a system, when the fiscal frontiers between Member States were abolished by the end of 1992 transitional VAT arrangements were adopted. Council Directive 2006/112/EC (3), which is currently in force, provides that these transitional rules have to be replaced by definitive arrangements based in principle on the taxation in the Member State of origin of the supply of goods or services.

| (1) | When the Council adopted in 1967 the common system of value added tax (VAT) by means of Council Directives
  67/227/EEC

   (1) and 67/228/EEC (2), the commitment was made to establish a definitive VAT system for the taxation of trade between Member States operating in a similar way as it would within a single Member State. Since the political and technical conditions were not ripe for such a system, when the fiscal frontiers between Member States were abolished by the end of 1992 transitional VAT arrangements were adopted. Council Directive 2006/112/EC (3), which is currently in force, provides that these transitional rules have to be replaced by definitive arrangements based in principle on the taxation in the Member State of origin of the supply of goods or services.
  However, those transitional rules have now been in place for several decades, resulting in a complex transitional VAT system susceptible to intra-Union cross-border VAT fraud. Those transitional rules suffer from numerous shortcomings, which result in the VAT system being neither fully efficient nor compatible with the requirements of a true single market. The vulnerability of the transitional VAT system became obvious only a few years after its introduction. Since then, several legislative actions (improving administrative cooperation, shorter deadlines for recapitulative statements, sectoral reverse charge) and non-legislative actions have been taken. However, the recent VAT gap studies demonstrate that the figures of non-collected VAT are still enormous. This is the first legislative proposal since the introduction of the current VAT rules in 1992 which aims at tackling the root of cross-border fraud. In its Communication of 28 October 2015 entitled ‘Upgrading the Single Market: more opportunities for people and business’, the Commission identified the complexity of the current VAT regulations as one of the major obstacles to the completion of the single market. At the same time, the VAT gap, defined as the difference between the amount of VAT revenue actually collected and the theoretical amount that is expected to be collected, has been increasing, reaching EUR 151,5 billion in 2015 in the EU-28. This illustrates the need for an urgent and comprehensive reform of the VAT system towards a definitive VAT regime, to facilitate and simplify cross-border intra-Union trade and make the system more fraud-proof. |
| --- | --- |

(1)

When the Council adopted in 1967 the common system of value added tax (VAT) by means of Council Directives
  67/227/EEC

   (1) and 67/228/EEC (2), the commitment was made to establish a definitive VAT system for the taxation of trade between Member States operating in a similar way as it would within a single Member State. Since the political and technical conditions were not ripe for such a system, when the fiscal frontiers between Member States were abolished by the end of 1992 transitional VAT arrangements were adopted. Council Directive 2006/112/EC (3), which is currently in force, provides that these transitional rules have to be replaced by definitive arrangements based in principle on the taxation in the Member State of origin of the supply of goods or services.
  However, those transitional rules have now been in place for several decades, resulting in a complex transitional VAT system susceptible to intra-Union cross-border VAT fraud. Those transitional rules suffer from numerous shortcomings, which result in the VAT system being neither fully efficient nor compatible with the requirements of a true single market. The vulnerability of the transitional VAT system became obvious only a few years after its introduction. Since then, several legislative actions (improving administrative cooperation, shorter deadlines for recapitulative statements, sectoral reverse charge) and non-legislative actions have been taken. However, the recent VAT gap studies demonstrate that the figures of non-collected VAT are still enormous. This is the first legislative proposal since the introduction of the current VAT rules in 1992 which aims at tackling the root of cross-border fraud. In its Communication of 28 October 2015 entitled ‘Upgrading the Single Market: more opportunities for people and business’, the Commission identified the complexity of the current VAT regulations as one of the major obstacles to the completion of the single market. At the same time, the VAT gap, defined as the difference between the amount of VAT revenue actually collected and the theoretical amount that is expected to be collected, has been increasing, reaching EUR 151,5 billion in 2015 in the EU-28. This illustrates the need for an urgent and comprehensive reform of the VAT system towards a definitive VAT regime, to facilitate and simplify cross-border intra-Union trade and make the system more fraud-proof.

Amendment 2

Proposal for a directive

Recital 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1 a) | In addition, in the past the Commission, supported by the European Parliament, has always pointed out that a VAT system based on taxation at origin was the correct response for making the Union VAT system more fraud-proof, and most closely in line with the proper functioning of the internal market. The current initiative, however, is based on the Member States’ preferred approach of taxation at destination, with a view to allowing Member States a certain flexibility in the setting of VAT rates. |

Text proposed by the Commission

Amendment

(1 a)

In addition, in the past the Commission, supported by the European Parliament, has always pointed out that a VAT system based on taxation at origin was the correct response for making the Union VAT system more fraud-proof, and most closely in line with the proper functioning of the internal market. The current initiative, however, is based on the Member States’ preferred approach of taxation at destination, with a view to allowing Member States a certain flexibility in the setting of VAT rates.

Amendment 3

Proposal for a directive

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | The Council, supported by the European Parliament (1) and the Economic and Social Committee (2), confirmed that an origin-based system was not achievable and invited the Commission to proceed with in-depth technical work and a broadly based dialogue with Member States to examine in detail the different possible ways to implement the destination principle (3). |

Text proposed by the Commission

Amendment

(2)

The Council, supported by the European Parliament (1) and the Economic and Social Committee (2), confirmed that an origin-based system was not achievable and invited the Commission to proceed with in-depth technical work and a broadly based dialogue with Member States to examine in detail the different possible ways to implement the destination principle (3).

| (2) | The Council, supported by the European Parliament (1) and the Economic and Social Committee (2), confirmed that an origin-based system was not achievable and invited the Commission to proceed with in-depth technical work and a broadly based dialogue with Member States to examine in detail the different possible ways to implement the destination principle (3)

  , in order to ensure that the supply of goods from one Member State to another is taxed as if they were supplied and acquired within one Member State
  .
  The creation of a single Union VAT area is crucial in order to decrease compliance costs for businesses, particularly SMEs working cross-border, to reduce the risks of cross-border VAT fraud and to simplify VAT-related procedures. The definitive VAT system will strengthen the internal market and create better business conditions for cross-border trade. It should take account of the changes that are necessary due to technological developments and digitalisation. This Directive sets out the technical measures for the implementation of the so-called ‘corner stones’ as laid down by the Commission in its proposal of 18 January 2018

   (3a)

  . Member States should therefore take decisions on the aforementioned ‘corner stones’ in order to proceed swiftly with the implementation of this Directive. |
| --- | --- |

(2)

The Council, supported by the European Parliament (1) and the Economic and Social Committee (2), confirmed that an origin-based system was not achievable and invited the Commission to proceed with in-depth technical work and a broadly based dialogue with Member States to examine in detail the different possible ways to implement the destination principle (3)

  , in order to ensure that the supply of goods from one Member State to another is taxed as if they were supplied and acquired within one Member State
  .
  The creation of a single Union VAT area is crucial in order to decrease compliance costs for businesses, particularly SMEs working cross-border, to reduce the risks of cross-border VAT fraud and to simplify VAT-related procedures. The definitive VAT system will strengthen the internal market and create better business conditions for cross-border trade. It should take account of the changes that are necessary due to technological developments and digitalisation. This Directive sets out the technical measures for the implementation of the so-called ‘corner stones’ as laid down by the Commission in its proposal of 18 January 2018

   (3a)

  . Member States should therefore take decisions on the aforementioned ‘corner stones’ in order to proceed swiftly with the implementation of this Directive.

Amendment 4

Proposal for a directive

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | The Commission, in its VAT Action Plan (1), sets out the amendments to the VAT system that would be necessary in order to develop such a destination-based system for intra-Union trade by means of the taxation of cross-border supplies. The Council subsequently reaffirmed the conclusions of that Action Plan and stated, inter alia, that in its view the principle of taxation at origin as envisaged for the definitive VAT system should be replaced by the principle of taxation in the Member State of destination (2). |

Text proposed by the Commission

Amendment

(3)

The Commission, in its VAT Action Plan (1), sets out the amendments to the VAT system that would be necessary in order to develop such a destination-based system for intra-Union trade by means of the taxation of cross-border supplies. The Council subsequently reaffirmed the conclusions of that Action Plan and stated, inter alia, that in its view the principle of taxation at origin as envisaged for the definitive VAT system should be replaced by the principle of taxation in the Member State of destination (2).

| (3) | The Commission, in its VAT Action Plan (1), sets out the amendments to the VAT system that would be necessary in order to develop such a destination-based system for intra-Union trade by means of the taxation of cross-border supplies. The Council subsequently reaffirmed the conclusions of that Action Plan and stated, inter alia, that in its view the principle of taxation at origin as envisaged for the definitive VAT system should be replaced by the principle of taxation in the Member State of destination (2).
  That change should contribute to the reduction of VAT-related cross-border frauds by an estimated EUR 50 billion annually. |
| --- | --- |

(3)

The Commission, in its VAT Action Plan (1), sets out the amendments to the VAT system that would be necessary in order to develop such a destination-based system for intra-Union trade by means of the taxation of cross-border supplies. The Council subsequently reaffirmed the conclusions of that Action Plan and stated, inter alia, that in its view the principle of taxation at origin as envisaged for the definitive VAT system should be replaced by the principle of taxation in the Member State of destination (2).
  That change should contribute to the reduction of VAT-related cross-border frauds by an estimated EUR 50 billion annually.

Amendment 5

Proposal for a directive

Recital 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4 a) | In order to guarantee efficient cooperation between Member States, the Commission should guarantee the transparency of the system, in particular through the compulsory publication on an annual basis of frauds committed in each Member State. Transparency is also important in order to understand the scale of the fraud, to raise the awareness of the general public and to put pressure on Member States. |

Text proposed by the Commission

Amendment

(4 a)

In order to guarantee efficient cooperation between Member States, the Commission should guarantee the transparency of the system, in particular through the compulsory publication on an annual basis of frauds committed in each Member State. Transparency is also important in order to understand the scale of the fraud, to raise the awareness of the general public and to put pressure on Member States.

Amendment 6

Proposal for a directive

Recital 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5 a) | Special attention should be given to the European Parliament positions adopted in its legislative resolutions of 3 October 2018 on the proposal for a Council directive amending Directive 2006/112/EC as regards harmonising and simplifying certain rules in the value added tax system and introducing the definitive system for the taxation of trade between Member States (COM(2017)0569 — C8-0363/2017 — 2017/0251(CNS)) and on the proposal for a Council directive amending Directive 2006/112/EC as regards rates of value added tax (COM(2018)0020 — C8-0023/2018 — 2018/0005(CNS)) and in its legislative resolution of 3 July 2018 on the amended proposal for a Council regulation amending Regulation (EU) No 904/2010 as regards measures to strengthen administrative cooperation in the field of value-added tax (COM(2017)0706 — C8-0441/2017 — 2017/0248(CNS)). |

Text proposed by the Commission

Amendment

(5 a)

Special attention should be given to the European Parliament positions adopted in its legislative resolutions of 3 October 2018 on the proposal for a Council directive amending Directive 2006/112/EC as regards harmonising and simplifying certain rules in the value added tax system and introducing the definitive system for the taxation of trade between Member States (COM(2017)0569 — C8-0363/2017 — 2017/0251(CNS)) and on the proposal for a Council directive amending Directive 2006/112/EC as regards rates of value added tax (COM(2018)0020 — C8-0023/2018 — 2018/0005(CNS)) and in its legislative resolution of 3 July 2018 on the amended proposal for a Council regulation amending Regulation (EU) No 904/2010 as regards measures to strengthen administrative cooperation in the field of value-added tax (COM(2017)0706 — C8-0441/2017 — 2017/0248(CNS)).

Amendment 7

Proposal for a directive

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | The overall rule for supplies of goods, including intra-Union supplies of goods, and for supplies of services should be that the supplier is liable for the payment of the VAT. |

Text proposed by the Commission

Amendment

(13)

The overall rule for supplies of goods, including intra-Union supplies of goods, and for supplies of services should be that the supplier is liable for the payment of the VAT.

| (13) | The overall rule for supplies of goods, including intra-Union supplies of goods, and for supplies of services should be that the supplier is liable for the payment of the VAT.
  Those new principles will enable the Member States to better fight VAT fraud, especially Missing Trader Intra-Community (MTIC), estimated to amount to at least EUR 50 billion a year. |
| --- | --- |

(13)

The overall rule for supplies of goods, including intra-Union supplies of goods, and for supplies of services should be that the supplier is liable for the payment of the VAT.
  Those new principles will enable the Member States to better fight VAT fraud, especially Missing Trader Intra-Community (MTIC), estimated to amount to at least EUR 50 billion a year.

Amendment 8

Proposal for a directive

Recital 14 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14 a) | Strict criteria, applied in a harmonised way by all Member States, need to be put in place to determine which enterprises can benefit from the status of the certified taxable person, and common rules and provisions resulting in fines and penalties for those who do not comply with them should be established. |

Text proposed by the Commission

Amendment

(14 a)

Strict criteria, applied in a harmonised way by all Member States, need to be put in place to determine which enterprises can benefit from the status of the certified taxable person, and common rules and provisions resulting in fines and penalties for those who do not comply with them should be established.

Amendment 9

Proposal for a directive

Recital 14 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14 b) | The Commission should be responsible for the presentation of further guidelines and should verify the proper application by Member States of these harmonised criteria across the Union. |

Text proposed by the Commission

Amendment

(14 b)

The Commission should be responsible for the presentation of further guidelines and should verify the proper application by Member States of these harmonised criteria across the Union.

Amendment 10

Proposal for a directive

Recital 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | The rules on the temporary application of the reverse charge mechanism for movable goods should be reviewed in order to ensure their coherence with the introduction of the new rules regarding the person liable for the payment of VAT on intra-Union supplies of goods. |

Text proposed by the Commission

Amendment

(15)

The rules on the temporary application of the reverse charge mechanism for movable goods should be reviewed in order to ensure their coherence with the introduction of the new rules regarding the person liable for the payment of VAT on intra-Union supplies of goods.

| (15) | The rules on the temporary application of the reverse charge mechanism for movable goods should be reviewed in order to ensure their coherence with the introduction of the new rules regarding the person liable for the payment of VAT on intra-Union supplies of goods.
  With the implementation of this Directive, the temporary application of the reverse charge mechanism might no longer be required. The Commission should therefore analyse in due course the need to repeal the proposal for a temporary application of the reverse charge mechanism. |
| --- | --- |

(15)

The rules on the temporary application of the reverse charge mechanism for movable goods should be reviewed in order to ensure their coherence with the introduction of the new rules regarding the person liable for the payment of VAT on intra-Union supplies of goods.
  With the implementation of this Directive, the temporary application of the reverse charge mechanism might no longer be required. The Commission should therefore analyse in due course the need to repeal the proposal for a temporary application of the reverse charge mechanism.

Amendment 11

Proposal for a directive

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (23) | In view of ensuring coherence in the VAT reporting obligations for large enterprises, the frequency of submitting VAT returns under this special scheme should be reviewed by adding that taxable persons making use of the scheme shall submit monthly VAT returns under the scheme when their annual Union turnover is above EUR 2 500 000 . |

Text proposed by the Commission

Amendment

(23)

In view of ensuring coherence in the VAT reporting obligations for large enterprises, the frequency of submitting VAT returns under this special scheme should be reviewed by adding that taxable persons making use of the scheme shall submit monthly VAT returns under the scheme when their annual Union turnover is above EUR 2 500 000 .

| (23) | In view of ensuring coherence in the VAT reporting obligations for large enterprises, the frequency of submitting VAT returns under this special scheme should be reviewed by adding that taxable persons making use of the scheme shall submit monthly VAT returns under the scheme when their annual Union
  VAT
  turnover is above EUR 2 500 000 . |
| --- | --- |

(23)

In view of ensuring coherence in the VAT reporting obligations for large enterprises, the frequency of submitting VAT returns under this special scheme should be reviewed by adding that taxable persons making use of the scheme shall submit monthly VAT returns under the scheme when their annual Union
  VAT
  turnover is above EUR 2 500 000 .

Amendment 12

Proposal for a directive

Recital 25 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (25 a) | A high level of non-compliance generates not only economic losses for compliant taxable persons but also threatens the cohesion and coherence of the fiscal system and creates a generalised feeling of unfairness through the distortion of competition. An efficient and understandable system is key to generating public revenues and to ownership by both citizens and companies. |

Text proposed by the Commission

Amendment

(25 a)

A high level of non-compliance generates not only economic losses for compliant taxable persons but also threatens the cohesion and coherence of the fiscal system and creates a generalised feeling of unfairness through the distortion of competition. An efficient and understandable system is key to generating public revenues and to ownership by both citizens and companies.

Amendment 13

Proposal for a directive

Recital 26 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26 a) | Statistics show that fraudsters take advantage of the weakness of the system and follow the development of the economy as well as the dynamic growth of demand for certain supplies. It is therefore necessary to set up a system dynamic enough to cope with harmful practices and to reduce the level of both voluntary non-compliance (fraud) and involuntary non-compliance. |

Text proposed by the Commission

Amendment

(26 a)

Statistics show that fraudsters take advantage of the weakness of the system and follow the development of the economy as well as the dynamic growth of demand for certain supplies. It is therefore necessary to set up a system dynamic enough to cope with harmful practices and to reduce the level of both voluntary non-compliance (fraud) and involuntary non-compliance.

Amendment 14

Proposal for a directive

Recital 26 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26 b) | With particular focus on the needs of SMEs engaging in intra-Community cross-border businesses and in order to facilitate trade and increase legal certainty in the single market, the Commission, in cooperation with Member States, should establish a comprehensive and publicly accessible Union VAT Web information portal for businesses. That multilingual portal should provide quick, up-to-date and accurate access to relevant information about the implementation of the VAT system in the different Member States and in particular about the correct VAT rates for different goods and services in the different Member States, as well as the conditions for zero-rate. Such a portal might also help to address the current VAT gap. |

Text proposed by the Commission

Amendment

(26 b)

With particular focus on the needs of SMEs engaging in intra-Community cross-border businesses and in order to facilitate trade and increase legal certainty in the single market, the Commission, in cooperation with Member States, should establish a comprehensive and publicly accessible Union VAT Web information portal for businesses. That multilingual portal should provide quick, up-to-date and accurate access to relevant information about the implementation of the VAT system in the different Member States and in particular about the correct VAT rates for different goods and services in the different Member States, as well as the conditions for zero-rate. Such a portal might also help to address the current VAT gap.

Amendment 15

Proposal for a directive

Recital 26 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26 c) | The One Stop Shop is the core of the new destination-based system without which complexity of the VAT system and the administrative burden would increase significantly. To ensure interoperability, ease of use and future fraud-proofing, One Stop Shops for businesses should operate with a harmonised cross-border IT system, based on common standards and allowing for automatic retrieval and input of data, for example, through the use of unified standard forms. |

Text proposed by the Commission

Amendment

(26 c)

The One Stop Shop is the core of the new destination-based system without which complexity of the VAT system and the administrative burden would increase significantly. To ensure interoperability, ease of use and future fraud-proofing, One Stop Shops for businesses should operate with a harmonised cross-border IT system, based on common standards and allowing for automatic retrieval and input of data, for example, through the use of unified standard forms.

Amendment 16

Proposal for a directive

Recital 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| (28) | As a result of the introduction of intra-Union supply of goods as a new concept, it is appropriate to replace the term ‘Community’ with ‘Union’ to ensure an updated and coherent use of the term. |

Text proposed by the Commission

Amendment

(28)

As a result of the introduction of intra-Union supply of goods as a new concept, it is appropriate to replace the term ‘Community’ with ‘Union’ to ensure an updated and coherent use of the term.

| (28) | As a result of the introduction of intra-Union supply of goods as a new concept, it is appropriate to replace the term ‘Community’ with ‘Union’
  throughout the Directive
  to ensure an updated and coherent use of the term. |
| --- | --- |

(28)

As a result of the introduction of intra-Union supply of goods as a new concept, it is appropriate to replace the term ‘Community’ with ‘Union’
  throughout the Directive
  to ensure an updated and coherent use of the term.

Amendment 17

Proposal for a directive

Recital 30 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (30 a) | Legislative measures to reform the VAT system, to fight VAT fraud and to reduce the VAT Gap can only succeed if Member States’ tax administrations cooperate more closely in a spirit of mutual trust, and exchange relevant information to be able to perform their tasks. |

Text proposed by the Commission

Amendment

(30 a)

Legislative measures to reform the VAT system, to fight VAT fraud and to reduce the VAT Gap can only succeed if Member States’ tax administrations cooperate more closely in a spirit of mutual trust, and exchange relevant information to be able to perform their tasks.

Amendment 18

Proposal for a directive

Article 1 — paragraph 1 — point 4 a (new)

Directive 2006/112/EC

Article 8

| Present text | Amendment |
| --- | --- |
| | (4 a) | Article 8 is replaced by the following: |

Present text

Amendment

(4 a)

‘Article 8

‘Article 8

If the Commission considers that the provisions laid down in Articles 6 and 7 are no longer justified, particularly in terms of fair competition or own resources, it shall present appropriate proposals to the Council.’

If the Commission considers that the provisions laid down in Articles 6 and 7 are no longer justified, particularly in terms of fair competition or own resources, it shall present appropriate proposals to the
  European Parliament and to the
  Council.’

Amendment 19

Proposal for a directive

Article 1 — paragraph 1 — point 7

Directive 2006/112/EC

Article 13a — paragraph 1 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where the applicant is a taxable person who has been granted the status of an authorised economic operator for customs purposes, the criteria in paragraph 2 shall be deemed to have been met. | Where the applicant is a taxable person who has been granted the status of an authorised economic operator for customs purposes, the criteria in paragraph 2 shall be deemed to have been met
  for the purpose of this Directive
  . |

Text proposed by the Commission

Amendment

Where the applicant is a taxable person who has been granted the status of an authorised economic operator for customs purposes, the criteria in paragraph 2 shall be deemed to have been met.

Where the applicant is a taxable person who has been granted the status of an authorised economic operator for customs purposes, the criteria in paragraph 2 shall be deemed to have been met
  for the purpose of this Directive
  .

Amendment 20

Proposal for a directive

Article 1 — paragraph 1 — point 7

Directive 2006/112/EC

Article 13a — paragraph 2 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (a a) | the absence of any record of serious criminal offences relating to the economic activity of the applicant, such as, but not limited to:










  (i) | money laundering; |

Text proposed by the Commission

Amendment

(a a)

the absence of any record of serious criminal offences relating to the economic activity of the applicant, such as, but not limited to:

(i)

money laundering;

| (ii) | tax evasion and tax fraud; |
| --- | --- |

(ii)

tax evasion and tax fraud;

| (iii) | abuse of Union funds and programmes; |
| --- | --- |

(iii)

abuse of Union funds and programmes;

| (iv) | bankruptcy or insolvency fraud |
| --- | --- |

(iv)

bankruptcy or insolvency fraud

| (v) | insurance fraud or other financial fraud; |
| --- | --- |

(v)

insurance fraud or other financial fraud;

| (vi) | bribery and/or corruption; |
| --- | --- |

(vi)

bribery and/or corruption;

| (vii) | cybercrime; |
| --- | --- |

(vii)

cybercrime;

| (viii) | participation in a criminal organisation; |
| --- | --- |

(viii)

participation in a criminal organisation;

| (ix) | offences in the field of competition law; |
| --- | --- |

(ix)

offences in the field of competition law;

| (x) | direct or indirect involvement in terrorist activities |
| --- | --- |

(x)

direct or indirect involvement in terrorist activities

Amendment 21

Proposal for a directive

Article 1 — paragraph 1 — point 7

Directive 2006/112/EC

Article 13a — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | evidence of financial solvency of the applicant, which shall be deemed to be proven either where the applicant has good financial standing, which enables him to fulfil his commitments, with due regard to the characteristics of the type of business activity concerned, or through the production of guarantees provided by insurance or other financial institutions or by other economically reliable third parties. |

Text proposed by the Commission

Amendment

(c)

evidence of financial solvency of the applicant, which shall be deemed to be proven either where the applicant has good financial standing, which enables him to fulfil his commitments, with due regard to the characteristics of the type of business activity concerned, or through the production of guarantees provided by insurance or other financial institutions or by other economically reliable third parties.

| (c) | evidence of financial solvency of the applicant 
  during the last three years
  , which shall be deemed to be proven either where the applicant has good financial standing, which enables him to fulfil his commitments, with due regard to the characteristics of the type of business activity concerned, or through the production of guarantees provided by insurance or other financial institutions or by other economically reliable third parties.
  The applicant must possess a bank account in a financial institution established in the Union. |
| --- | --- |

(c)

evidence of financial solvency of the applicant 
  during the last three years
  , which shall be deemed to be proven either where the applicant has good financial standing, which enables him to fulfil his commitments, with due regard to the characteristics of the type of business activity concerned, or through the production of guarantees provided by insurance or other financial institutions or by other economically reliable third parties.
  The applicant must possess a bank account in a financial institution established in the Union.

Amendment 22

Proposal for a directive

Article 1 — paragraph 1 — point 7

Directive 2006/112/EC

Article 13a — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2 a.
     
  In order to ensure a harmonised interpretation in the granting of the certified taxable person status, the Commission shall adopt by means of an implementing act further guidance for Member States regarding the evaluation of those criteria, which shall be valid across the Union. The first implementing act shall be adopted no later than one month after the entry into force of this Directive. |

Text proposed by the Commission

Amendment

2 a.
     
  In order to ensure a harmonised interpretation in the granting of the certified taxable person status, the Commission shall adopt by means of an implementing act further guidance for Member States regarding the evaluation of those criteria, which shall be valid across the Union. The first implementing act shall be adopted no later than one month after the entry into force of this Directive.

Amendment 23

Amendment 23

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 7

Article 1 — paragraph 1 — point 7

Directive 2006/112/EC

Article 13a — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3 a.
     
  To encourage applications for the certified taxable person status, the Commission shall introduce a tailored procedure for Small and Medium Enterprises. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3 a.
     
  To encourage applications for the certified taxable person status, the Commission shall introduce a tailored procedure for Small and Medium Enterprises.

Amendment 24

Amendment 24

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 7

Article 1 — paragraph 1 — point 7

Directive 2006/112/EC

Article 13a — paragraph 4 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| A taxable person who applies for the status of a certified taxable person shall supply all
  the
  information required by the tax authorities in order to enable them to take a decision. | A taxable person who applies for the status of a certified taxable person shall supply all
  relevant
  information required by the tax authorities in order to enable them to take a decision.
  Tax authorities shall process the application without delay and should be subject to harmonised criteria across Member States regarding the supply of information. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A taxable person who applies for the status of a certified taxable person shall supply all
  the
  information required by the tax authorities in order to enable them to take a decision.

the

A taxable person who applies for the status of a certified taxable person shall supply all
  relevant
  information required by the tax authorities in order to enable them to take a decision.
  Tax authorities shall process the application without delay and should be subject to harmonised criteria across Member States regarding the supply of information.

relevant

Tax authorities shall process the application without delay and should be subject to harmonised criteria across Member States regarding the supply of information.

Amendment 25

Amendment 25

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 7

Article 1 — paragraph 1 — point 7

Directive 2006/112/EC

Article 13a — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4 a.
     
  Where the status of certified taxable person is granted, that information shall be made available via the VAT Information Exchange System. Changes to that status shall be updated in the system without delay. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4 a.
     
  Where the status of certified taxable person is granted, that information shall be made available via the VAT Information Exchange System. Changes to that status shall be updated in the system without delay.

Amendment 26

Amendment 26

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 7

Article 1 — paragraph 1 — point 7

Directive 2006/112/EC

Article 13a — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Where the application is refused, the grounds for refusal shall be notified by the tax authorities to the applicant together with the decision. Member States shall ensure that the applicant is granted a right of appeal against any decision to refuse an application. | 5.   Where the application is refused, the grounds for refusal shall be notified
  without delay
  by the tax authorities to the applicant together with the decision
  which clearly states the grounds for refusal
  . Member States shall ensure that the applicant is granted a right of appeal
  within a reasonable timeframe
  against any decision to refuse an application. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Where the application is refused, the grounds for refusal shall be notified by the tax authorities to the applicant together with the decision. Member States shall ensure that the applicant is granted a right of appeal against any decision to refuse an application.

5.   Where the application is refused, the grounds for refusal shall be notified
  without delay
  by the tax authorities to the applicant together with the decision
  which clearly states the grounds for refusal
  . Member States shall ensure that the applicant is granted a right of appeal
  within a reasonable timeframe
  against any decision to refuse an application.

Amendment 27

Amendment 27

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 7

Article 1 — paragraph 1 — point 7

Directive 2006/112/EC

Article 13a — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5 a.
     
  Where the application is refused, the decision as well as the grounds for refusal shall be notified to tax authorities of other Member States. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5 a.
     
  Where the application is refused, the decision as well as the grounds for refusal shall be notified to tax authorities of other Member States.

Amendment 28

Amendment 28

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 7

Article 1 — paragraph 1 — point 7

Directive 2006/112/EC

Article 13a — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   The taxable person who has been granted the status of certified taxable person shall inform the tax authorities
  without delay
  of any factor arising after the decision was taken, which may affect or influence the continuation of that status. The tax status shall be withdrawn by the tax authorities where the criteria set out in paragraph 2 are no longer met. | 6.   The taxable person who has been granted the status of certified taxable person shall inform the tax authorities
  within one month
  of any factor arising after the decision was taken, which may affect or influence the continuation of that status. The tax status shall be withdrawn by the tax authorities where the criteria set out in paragraph 2 are no longer met.
  Tax authorities of Member States having granted the status of certified taxable person shall review that decision, at least every two years, to ensure that the conditions are still met. If the taxable person has not informed the tax authorities of any factor possibly affecting the certified taxable person status as laid out in the implementing act or has purposefully concealed it, it shall be subject to proportionate, efficient and dissuasive sanctions, including the loss of the certified taxable person status. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   The taxable person who has been granted the status of certified taxable person shall inform the tax authorities
  without delay
  of any factor arising after the decision was taken, which may affect or influence the continuation of that status. The tax status shall be withdrawn by the tax authorities where the criteria set out in paragraph 2 are no longer met.

6.   The taxable person who has been granted the status of certified taxable person shall inform the tax authorities
  within one month
  of any factor arising after the decision was taken, which may affect or influence the continuation of that status. The tax status shall be withdrawn by the tax authorities where the criteria set out in paragraph 2 are no longer met.
  Tax authorities of Member States having granted the status of certified taxable person shall review that decision, at least every two years, to ensure that the conditions are still met. If the taxable person has not informed the tax authorities of any factor possibly affecting the certified taxable person status as laid out in the implementing act or has purposefully concealed it, it shall be subject to proportionate, efficient and dissuasive sanctions, including the loss of the certified taxable person status.

Amendment 29

Amendment 29

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 7

Article 1 — paragraph 1 — point 7

Directive 2006/112/EC

Article 13a — paragraph 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6 a.
     
  A taxable person who has been refused the status of a certified taxable person, or who on his or her own initiative has informed the tax authority that he or she no longer meets the criteria set out in paragraph 2, may, no earlier than six months from the date of the refusal of that status or its withdrawal, reapply for certified taxable person status provided that all relevant criteria are met. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6 a.
     
  A taxable person who has been refused the status of a certified taxable person, or who on his or her own initiative has informed the tax authority that he or she no longer meets the criteria set out in paragraph 2, may, no earlier than six months from the date of the refusal of that status or its withdrawal, reapply for certified taxable person status provided that all relevant criteria are met.

Amendment 30

Amendment 30

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 7

Article 1 — paragraph 1 — point 7

Directive 2006/112/EC

Article 13a — paragraph 6 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6 b.
     
  To ensure uniform standards for monitoring of continued eligibility for the status of certified taxable person and the withdrawal of the tax status within and across Member States, the Commission shall adopt relevant guidelines. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6 b.
     
  To ensure uniform standards for monitoring of continued eligibility for the status of certified taxable person and the withdrawal of the tax status within and across Member States, the Commission shall adopt relevant guidelines.

Amendment 31

Amendment 31

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 7

Article 1 — paragraph 1 — point 7

Directive 2006/112/EC

Article 13a — paragraph 6 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6 c.
     
  Where the applicant has been denied the status of an authorised economic operator in accordance with the Union Customs Code during the last three years, the applicant shall not be granted the status of a certified taxable person. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6 c.
     
  Where the applicant has been denied the status of an authorised economic operator in accordance with the Union Customs Code during the last three years, the applicant shall not be granted the status of a certified taxable person.

Amendment 32

Amendment 32

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 7

Article 1 — paragraph 1 — point 7

Directive 2006/112/EC

Article 13a — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   The status of a certified taxable person in one Member State shall be recognised by the tax authorities of all the Member States.; | 7.   The status of a certified taxable person in one Member State shall be recognised by the tax authorities of all the Member States.
  National mechanisms will continue to apply for internal VAT tax disputes between the tax payer concerned and the national tax authority
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   The status of a certified taxable person in one Member State shall be recognised by the tax authorities of all the Member States.;

7.   The status of a certified taxable person in one Member State shall be recognised by the tax authorities of all the Member States.
  National mechanisms will continue to apply for internal VAT tax disputes between the tax payer concerned and the national tax authority
  ;

Amendment 33

Amendment 33

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 56 a (new)

Article 1 — paragraph 1 — point 56 a (new)

Directive 2006/112/EC

Article 145 — paragraph 1

| Present text | Amendment |
| --- | --- |
| | (56 a) | in Article 145, paragraph 1 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(56 a)

(56 a)

in Article 145, paragraph 1 is replaced by the following:

‘1.   The Commission shall, where appropriate, as soon as possible, present to the Council proposals designed to delimit the scope of the exemptions provided for in Articles 143 and 144 and to lay down the detailed rules for their implementation.’

‘1.   The Commission shall, where appropriate, as soon as possible, present
  to the European Parliament and
  to the Council proposals designed to delimit the scope of the exemptions provided for in Articles 143 and 144 and to lay down the detailed rules for their implementation.’

Amendment 34

Amendment 34

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 59 a (new)

Article 1 — paragraph 1 — point 59 a (new)

Directive 2006/112/EC

Article 150 — paragraph 1

| Present text | Amendment |
| --- | --- |
| | (59 a) | in Article 150, paragraph 1 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(59 a)

(59 a)

in Article 150, paragraph 1 is replaced by the following:

‘1.   The Commission shall, where appropriate, as soon as possible, present to the Council proposals designed to delimit the scope of the exemptions provided for in Article 148 and to lay down the detailed rules for their implementation.’

‘1.   The Commission shall, where appropriate, as soon as possible, present
  to the European Parliament and
  to the Council proposals designed to delimit the scope of the exemptions provided for in Article 148 and to lay down the detailed rules for their implementation.’

Amendment 35

Amendment 35

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 68 a (new)

Article 1 — paragraph 1 — point 68 a (new)

Directive 2006/112/EC

Article 166

| Present text | Amendment |
| --- | --- |
| | (68 a) | Article 166 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(68 a)

(68 a)

Article 166 is replaced by the following:

Article 166

Article 166

‘The Commission shall, where appropriate, as soon as possible, present to the Council proposals concerning common arrangements for applying VAT to the transactions referred to in Sections 1 and 2.’

‘The Commission shall, where appropriate, as soon as possible, present
  to the European Parliament and
  to the Council proposals concerning common arrangements for applying VAT to the transactions referred to in Sections 1 and 2.’

Amendment 36

Amendment 36

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 123 a (new)

Article 1 — paragraph 1 — point 123 a (new)

Directive 2006/112/EC

Article 293 — paragraph 1 — introductory part

| Present text | Amendment |
| --- | --- |
| | (123 a) | In Article 293, paragraph 1, the introductory part is replaced by the following: |

Present text

Present text

Amendment

Amendment

(123 a)

(123 a)

In Article 293, paragraph 1, the introductory part is replaced by the following:

‘Every four years starting from the adoption of this Directive, the Commission shall present to the Council, on the basis of information obtained from the Member States, a report on the application of this Chapter, together, where appropriate and taking into account the need to ensure the long-term convergence of national regulations, with proposals on the following subjects:’

‘Every four years starting from the adoption of this Directive, the Commission shall present
  to the European Parliament and
  to the Council, on the basis of information obtained from the Member States, a report on the application of this Chapter, together, where appropriate and taking into account the need to ensure the long-term convergence of national regulations, with proposals on the following subjects:’

Amendment 37

Amendment 37

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 166 a (new)

Article 1 — paragraph 1 — point 166 a (new)

Directive 2006/112/EC

Article 395 — paragraph 3

| Present text | Amendment |
| --- | --- |
| | (166 a) | In Article 395, paragraph 3 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(166 a)

(166 a)

In Article 395, paragraph 3 is replaced by the following:

‘3.   Within three months of giving the notification referred to in the second subparagraph of paragraph 2, the Commission shall present to the Council either an appropriate proposal or, should it object to the derogation requested, a communication setting out its objections.’

‘3.   Within three months of giving the notification referred to in the second subparagraph of paragraph 2, the Commission shall present to the
  European Parliament and to the
  Council either an appropriate proposal or, should it object to the derogation requested, a communication setting out its objections.’

Amendment 38

Amendment 38

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 166 b (new)

Article 1 — paragraph 1 — point 166 b (new)

Directive 2006/112/EC

Article 396 — paragraph 3

| Present text | Amendment |
| --- | --- |
| | (166 b) | In Article 396, paragraph 3 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(166 b)

(166 b)

In Article 396, paragraph 3 is replaced by the following:

‘3.   Within three months of giving the notification referred to in the second subparagraph of paragraph 2, the Commission shall present to the Council either an appropriate proposal or, should it object to the derogation requested, a communication setting out its objections.’

‘3.   Within three months of giving the notification referred to in the second subparagraph of paragraph 2, the Commission shall present to the
  European Parliament and to the
  Council either an appropriate proposal or, should it object to the derogation requested, a communication setting out its objections.’

Amendment 39

Amendment 39

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 169 a (new)

Article 1 — paragraph 1 — point 169 a (new)

Directive 2006/112/EC

Article 404 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (169 a) | The following new Article is inserted after Article 404: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(169 a)

(169 a)

The following new Article is inserted after Article 404:

‘Article 404a

Within four years of the adoption of Council Directive (EU) .../...

   (*1)
   (+)

  , the Commission shall present to the European Parliament and to the Council, on the basis of information obtained from the Member States, a report on the implementation and application of the new provisions of this Directive, where appropriate [and taking into account the need to ensure the long-term convergence of national regulations], with proposals.’

Amendment 40

Amendment 40

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 169 b (new)

Article 1 — paragraph 1 — point 169 b (new)

Directive 2006/112/EC

Article 404 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (169 b) | The following new Article is inserted after Article 404a: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(169 b)

(169 b)

The following new Article is inserted after Article 404a:

‘Article 404b

Within two years of the adoption of Council Directive (EU) .../...

   (*2)
   (+)

  , the Commission shall present to the European Parliament and to the Council a report on the effectiveness of the exchange of the relevant information between Member States Tax Administrations, given the importance of the mutual trust for the definitive VAT regime to succeed.’

Amendment 41

Amendment 41

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 173 a (new)

Article 1 — paragraph 1 — point 173 a (new)

Directive 2006/112/EC

Article 411 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (173 a) | The following new Article 411a is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(173 a)

(173 a)

The following new Article 411a is inserted:

‘Article 411a

By 1 June 2020, the Commission, in cooperation with the Member States, shall establish a comprehensive, multilingual and publicly accessible Union VAT Web Information Portal on which businesses and consumers can quickly and effectively obtain accurate information on VAT rates — including which goods or services benefit from reduced rates or exemptions — and all relevant information on the implementation of the definitive VAT system in the different Member States.

In complement to the Portal, an automated notification mechanism shall be set up. That mechanism shall ensure automatic notifications to tax payers on changes and updates to the VAT rates of Member States. Such automatic notifications shall be activated before the change becomes applicable and at the latest five days after the decision has been taken.’

Amendment 42

Amendment 42

Proposal for a directive

Proposal for a directive

Article 1 a (new)

Article 1 a (new)

Regulation (EU) No 904/2010

Article 34 and Article 49 a (new)

| Present text | Amendment |
| --- | --- |
| | Article 1a |
| | Amendment to Regulation (EU) No 904/2010 |
| | Regulation (EU) No 904/2010 is amended as follows: |
| | (1) | Article 34 is replaced by the following: |

Present text

Present text

Amendment

Amendment

Article 1a

Article 1a

Amendment to Regulation (EU) No 904/2010

Amendment to Regulation (EU) No 904/2010

Regulation (EU) No 904/2010 is amended as follows:

Regulation (EU) No 904/2010 is amended as follows:

(1)

(1)

Article 34 is replaced by the following:

Article 34

| | ‘Article 34 |
| --- | --- |

‘Article 34

1.   
  Member States
  shall
  participate in the
  Eurofisc
  working fields of their choice and may also decide to terminate their participation therein.

| | 1
  .
     
  The Commission shall provide
  Eurofisc
  with the necessary technical and logistical support. The Commission shall have access to the information referred to in Article 1, which may be exchanged over Eurofisc, for the circumstances provided for in Article 55(2). |
| --- | --- |

1
  .
     
  The Commission shall provide
  Eurofisc
  with the necessary technical and logistical support. The Commission shall have access to the information referred to in Article 1, which may be exchanged over Eurofisc, for the circumstances provided for in Article 55(2).

2.   Member States
  having chosen to take part in a Eurofisc working field
  shall actively participate in the multilateral exchange of
  targeted information between all participating Member States.

| | 2.   
  Member States shall participate in the Eurofisc working fields and
  Member States shall actively participate in the multilateral exchange of
  information. |
| --- | --- |

2.   
  Member States shall participate in the Eurofisc working fields and
  Member States shall actively participate in the multilateral exchange of
  information.

3.   
  Information exchanged shall be confidential, as provided for in Article 55
  .

| | 3.   
  Eurofisc working field coordinators may, on their own initiative or on request, forward relevant information on the most serious cross-border VAT offences to Europol and the European Anti-Fraud Office (OLAF). |
| --- | --- |

3.   
  Eurofisc working field coordinators may, on their own initiative or on request, forward relevant information on the most serious cross-border VAT offences to Europol and the European Anti-Fraud Office (OLAF).

| | 3a.
     
  Eurofisc working field coordinators may ask Europol and OLAF for relevant information. Eurofisc working field coordinators shall make the information received from Europol and OLAF available to the other participating Eurofisc liaison officials; this information shall be exchanged by electronic means.’ |
| --- | --- |

3a.
     
  Eurofisc working field coordinators may ask Europol and OLAF for relevant information. Eurofisc working field coordinators shall make the information received from Europol and OLAF available to the other participating Eurofisc liaison officials; this information shall be exchanged by electronic means.’

| (2) | The following new Article 49a is added: |
| --- | --- |

(2)

(2)

The following new Article 49a is added:

| | ‘Article 49a




  Member States and the Commission shall establish a common system of collecting statistics on intra-Community VAT fraud and involuntary non-compliance and shall publish on a yearly basis national estimates of VAT losses resulting from that fraud, as well as estimates for the Union as a whole. The Commission shall adopt, by means of implementing acts, the practical arrangements for such a statistical system. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(2).’ |
| --- | --- |

‘Article 49a

Member States and the Commission shall establish a common system of collecting statistics on intra-Community VAT fraud and involuntary non-compliance and shall publish on a yearly basis national estimates of VAT losses resulting from that fraud, as well as estimates for the Union as a whole. The Commission shall adopt, by means of implementing acts, the practical arrangements for such a statistical system. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(2).’

---

(1)  First Council Directive 67/227/EEC of 11 April 1967 on the harmonisation of legislation of Member States concerning turnover taxes (OJ 71, 14.4.1967, p. 1301).

1

(2)  Second Council Directive 67/228/EEC of 11 April 1967 on the harmonisation of legislation of Member States concerning turnover taxes — Structure and procedures for application of the common system of value added tax (OJ 71, 14.4.1967, p. 1303).

2

(3)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).

3

(1)  First Council Directive 67/227/EEC of 11 April 1967 on the harmonisation of legislation of Member States concerning turnover taxes (OJ 71, 14.4.1967, p. 1301).

1

(2)  Second Council Directive 67/228/EEC of 11 April 1967 on the harmonisation of legislation of Member States concerning turnover taxes — Structure and procedures for application of the common system of value added tax (OJ 71, 14.4.1967, p. 1303).

2

(3)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).

3

(1)  European Parliament resolution of 13 October 2011 on the future of VAT (P7_TA(2011)0436) http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-0436

1

(2)  European Economic and Social Committee Opinion of 14 July 2011 on the ‘Green Paper on the future of VAT — Towards a simpler, more robust and efficient VAT system’ http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52011AE1168

2

(3)  Council conclusions on the future of VAT — 3167th Economic and Financial affairs Council meeting, Brussels, 15 May 2012 (see in particular point B 4) http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ecofin/130257.pdf

3

th

(1)  European Parliament resolution of 13 October 2011 on the future of VAT (P7_TA(2011)0436) http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-0436

1

(2)  European Economic and Social Committee Opinion of 14 July 2011 on the ‘Green Paper on the future of VAT — Towards a simpler, more robust and efficient VAT system’ http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52011AE1168

2

(3)  Council conclusions on the future of VAT — 3167th Economic and Financial affairs Council meeting, Brussels, 15 May 2012 (see in particular point B 4) http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ecofin/130257.pdf

3

th

(3a)  
  Proposal for a Council Directive amending Directive 2006/112/EC as regards rates of value added tax, COM(2018)0020, 2018/0005(CNS).

3a

Proposal for a Council Directive amending Directive 2006/112/EC as regards rates of value added tax, COM(2018)0020, 2018/0005(CNS).

(1)  Action Plan on VAT — Towards a single EU VAT area — Time to decide (COM(2016)0148 of 7.4.2016.

1

(2)  See: http://www.consilium.europa.eu/en/press/press-releases/2016/05/25-conclusions-vat-action-plan/

2

(1)  Action Plan on VAT — Towards a single EU VAT area — Time to decide (COM(2016)0148 of 7.4.2016.

1

(2)  See: http://www.consilium.europa.eu/en/press/press-releases/2016/05/25-conclusions-vat-action-plan/

2

---

Wednesday 13 February 2019

| 23.12.2020 | EN | Official Journal of the European Union | C 449/316 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/316

---

P8_TA(2019)0084

European Fisheries Control Agency ***I

European Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on the European Fisheries Control Agency (codification) (COM(2018)0499 — C8-0313/2018 — 2018/0263(COD))

(Ordinary legislative procedure — codification)

(2020/C 449/39)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2018)0499), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2018)0499),

| — | 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 (C8-0313/2018), |
| --- | --- |

—

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 (C8-0313/2018),

| — | 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 October 2018 (1) |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 17 October 2018 (1)

| — | having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (2),

| — | having regard to Rules 103 and 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 103 and 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A8-0037/2019), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A8-0037/2019),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance; |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance;

| 1. | Adopts its position at first reading, taking over the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

2.

---

(1)  Not yet published in the Official Journal.

(2)  OJ C 102, 4.4.1996, p. 2.

---

P8_TC1-COD(2018)0263

Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council on the European Fisheries Control Agency (codification)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/473.)

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/317 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/317

---

P8_TA(2019)0085

Computerising the movement and surveillance of excise goods ***I

Decision of the European Parliament of 13 February 2019 referring the matter to the committee responsible for interinstitutional negotiations on the basis of the unamended proposal for a decision of the European Parliament and of the Council on computerising the movement and surveillance of excise goods (recast) (COM(2018)0341 — C8-0215/2018 — 2018/0187(COD)) (1)

(Ordinary legislative procedure — recast)

(2020/C 449/40)

---

(1)  Decision adopted under Rule 59(4), fourth subparagraph, of the Rules of Procedure (A8-0010/2019).

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/318 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/318

---

P8_TA(2019)0086

Law applicable to the third-party effects of assignments of claims ***I

European Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on the law applicable to the third party effects of assignments of claims (COM(2018)0096 — C8-0109/2018 — 2018/0044(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/41)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2018)0096), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2018)0096),

| — | having regard to Article 294(2) and Article 81(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0109/2018), |
| --- | --- |

—

having regard to Article 294(2) and Article 81(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0109/2018),

| — | 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 18 July 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Central Bank of 18 July 2018 (1),

| — | having regard to the opinion of the European Economic and Social Committee of 11 July 2018 (2), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 11 July 2018 (2),

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A8-0261/2018), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A8-0261/2018),

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

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

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

3.

---

(1)  OJ C 303, 29.8.2018, p. 2.

(2)  OJ C 367, 10.10.2018, p. 50.

---

P8_TC1-COD(2018)0044

Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on the law applicable to the third-party effects of assignments of claims

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 81(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 Central Bank (1),

Having regard to the opinion of the European Economic and Social Committee (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | The Union has set itself the objective of maintaining and developing an area of freedom, security and justice. For the progressive establishment of such an area, the Union is to adopt measures relating to judicial cooperation in civil matters having cross-border implications to the extent necessary for the proper functioning of the internal market. |
| --- | --- |

(1)

The Union has set itself the objective of maintaining and developing an area of freedom, security and justice. For the progressive establishment of such an area, the Union is to adopt measures relating to judicial cooperation in civil matters having cross-border implications to the extent necessary for the proper functioning of the internal market.

| (2) | Pursuant to Article 81 of the Treaty, these measures are to include those aimed at ensuring the compatibility of the rules applicable in the Member States concerning the conflict of laws. |
| --- | --- |

(2)

Pursuant to Article 81 of the Treaty, these measures are to include those aimed at ensuring the compatibility of the rules applicable in the Member States concerning the conflict of laws.

| (3) | The proper functioning of the internal market requires, in order to improve the predictability of the outcome of litigation,
  legal
  certainty as to the law applicable and the free movement
  and recognition
  of judgments, for the conflict of law rules in the Member States to designate as the applicable law the same national law irrespective of the Member State of the court in which an action is brought. [Am. 1] |
| --- | --- |

(3)

The proper functioning of the internal market requires, in order to improve the predictability of the outcome of litigation,
  legal
  certainty as to the law applicable and the free movement
  and recognition
  of judgments, for the conflict of law rules in the Member States to designate as the applicable law the same national law irrespective of the Member State of the court in which an action is brought. [Am. 1]

| (4) | Regulation (EC) No 593/2008 of the European Parliament and of the Council (4) does not cover the questions of third-party effects of assignment of claims. However, Article 27(2) of that Regulation required the Commission to submit to the European Parliament, the Council and the European Economic and Social Committee a report on the question of the effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over a right of another person which should be accompanied, if appropriate, by a proposal to amend that Regulation and an assessment of the impact of the provisions to be introduced. |
| --- | --- |

(4)

Regulation (EC) No 593/2008 of the European Parliament and of the Council (4) does not cover the questions of third-party effects of assignment of claims. However, Article 27(2) of that Regulation required the Commission to submit to the European Parliament, the Council and the European Economic and Social Committee a report on the question of the effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over a right of another person which should be accompanied, if appropriate, by a proposal to amend that Regulation and an assessment of the impact of the provisions to be introduced.

| (5) | On 18 February 2015 the Commission adopted a Green Paper on Building a Capital Markets Union which stated that achieving greater legal certainty in cases of cross-border transfer of claims and the order of priority of such transfers, particularly in cases of insolvency, is an important aspect in developing a pan-European market in securitisation and financial collateral arrangements, and also of other activities such as factoring. |
| --- | --- |

(5)

On 18 February 2015 the Commission adopted a Green Paper on Building a Capital Markets Union which stated that achieving greater legal certainty in cases of cross-border transfer of claims and the order of priority of such transfers, particularly in cases of insolvency, is an important aspect in developing a pan-European market in securitisation and financial collateral arrangements, and also of other activities such as factoring.

| (6) | On 30 September 2015 the Commission adopted a Communication with an Action Plan on Building a Capital Markets Union. This Capital Markets Union Action Plan noted that differences in the national treatment of third-party effects of assignment of debt claims complicate the use of these instruments as cross-border collateral, concluding that this legal uncertainty frustrates economically significant financial operations, such as securitisations. The Capital Markets Union Action Plan announced that the Commission would propose uniform rules to determine with legal certainty which national law should apply to the third-party effects of the assignment of claims. |
| --- | --- |

(6)

On 30 September 2015 the Commission adopted a Communication with an Action Plan on Building a Capital Markets Union. This Capital Markets Union Action Plan noted that differences in the national treatment of third-party effects of assignment of debt claims complicate the use of these instruments as cross-border collateral, concluding that this legal uncertainty frustrates economically significant financial operations, such as securitisations. The Capital Markets Union Action Plan announced that the Commission would propose uniform rules to determine with legal certainty which national law should apply to the third-party effects of the assignment of claims.

| (7) | On 29 June 2016 the Commission adopted a report on the appropriateness of Article 3(1) of Directive 2002/47/EC of the European Parliament and of the Council (5) on financial collateral arrangements focusing on the question whether this Directive works effectively and efficiently as regards formal acts required to provide credit claims as collateral. The report concluded that a proposal of uniform rules regarding the third-party effects of assignment of claims would allow determining with legal certainty which national law should apply to the third-party effects of the assignment of claims, which would contribute to achieving greater legal certainty in cases of cross-border mobilisation of credit claims as collateral. |
| --- | --- |

(7)

On 29 June 2016 the Commission adopted a report on the appropriateness of Article 3(1) of Directive 2002/47/EC of the European Parliament and of the Council (5) on financial collateral arrangements focusing on the question whether this Directive works effectively and efficiently as regards formal acts required to provide credit claims as collateral. The report concluded that a proposal of uniform rules regarding the third-party effects of assignment of claims would allow determining with legal certainty which national law should apply to the third-party effects of the assignment of claims, which would contribute to achieving greater legal certainty in cases of cross-border mobilisation of credit claims as collateral.

| (8) | On 29 September 2016 the Commission adopted a report on the question of the effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over the right of another person. The report concluded that uniform conflict of law rules governing the effectiveness of assignments against third parties as well as questions of priority between competing assignees or between assignees and other right holders would enhance legal certainty and reduce practical problems and legal costs relating to the current diversity of approaches in the Member States. |
| --- | --- |

(8)

On 29 September 2016 the Commission adopted a report on the question of the effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over the right of another person. The report concluded that uniform conflict of law rules governing the effectiveness of assignments against third parties as well as questions of priority between competing assignees or between assignees and other right holders would enhance legal certainty and reduce practical problems and legal costs relating to the current diversity of approaches in the Member States.

| (9) | The substantive scope and the provisions of this Regulation should be consistent with Regulation (EC) No 864/2007 of the European Parliament and of the Council (6), Regulation (EC) No 593/2008 and Regulations (EU) No 1215/2012 (7), and (EU) 2015/848 of the European Parliament and of the Council (8). The interpretation of this Regulation should as much as possible avoid regulatory gaps between these instruments. |
| --- | --- |

(9)

The substantive scope and the provisions of this Regulation should be consistent with Regulation (EC) No 864/2007 of the European Parliament and of the Council (6), Regulation (EC) No 593/2008 and Regulations (EU) No 1215/2012 (7), and (EU) 2015/848 of the European Parliament and of the Council (8). The interpretation of this Regulation should as much as possible avoid regulatory gaps between these instruments.

| (10) | This Regulation implements the Capital Markets Union Action Plan. It also fulfils the requirement laid down in Article 27(2) of the Rome I Regulation that the Commission should publish a report and, if appropriate, a proposal on the effectiveness of an assignment of a claim against third parties and the priority of the assignee over the right of another person. |
| --- | --- |

(10)

This Regulation implements the Capital Markets Union Action Plan. It also fulfils the requirement laid down in Article 27(2) of the Rome I Regulation that the Commission should publish a report and, if appropriate, a proposal on the effectiveness of an assignment of a claim against third parties and the priority of the assignee over the right of another person.

| (11) | Conflict

  No harmonised set of rules on the conflict
  of laws rules governing the third-party (or proprietary) effects of assignments of claims do not currently exist at Union level. These conflict of laws rules are laid down at Member State level, but they are inconsistent and often

  - being based on different connecting factors to determine the applicable law — and therefore
  unclear
  , especially in those countries where such rules are not governed by separate legislative provisions
  . In cross-border assignments of claims, the inconsistency of national conflict of laws rules leads to legal uncertainty as to which law applies to the third-party effects of the assignments. The lack of legal certainty creates a legal risk in cross-border assignments of claims which does not exist in domestic assignments as different national substantive rules may be applied depending on the Member State whose courts or authorities assess a dispute as to the legal title over the claims
  ; implicitly, the outcome of a priority conflict as to who owns a claim further to a cross-border assignment will vary, depending on the national law applied
  . [Am. 2] |
| --- | --- |

(11)

Conflict

  No harmonised set of rules on the conflict
  of laws rules governing the third-party (or proprietary) effects of assignments of claims do not currently exist at Union level. These conflict of laws rules are laid down at Member State level, but they are inconsistent and often

  - being based on different connecting factors to determine the applicable law — and therefore
  unclear
  , especially in those countries where such rules are not governed by separate legislative provisions
  . In cross-border assignments of claims, the inconsistency of national conflict of laws rules leads to legal uncertainty as to which law applies to the third-party effects of the assignments. The lack of legal certainty creates a legal risk in cross-border assignments of claims which does not exist in domestic assignments as different national substantive rules may be applied depending on the Member State whose courts or authorities assess a dispute as to the legal title over the claims
  ; implicitly, the outcome of a priority conflict as to who owns a claim further to a cross-border assignment will vary, depending on the national law applied
  . [Am. 2]

| (12) | If assignees are not aware of the legal risk or choose to ignore it, they may face unexpected financial losses. Uncertainty about who has legal title over the claims assigned on a cross-border basis can have knock-on effects and deepen and prolong the impact of a financial crisis. If assignees decide to mitigate the legal risk by seeking specific legal advice, they will incur higher transaction costs not required for domestic assignments. If assignees are deterred by the legal risk and choose to avoid it, they may forego business opportunities and market integration may be reduced.
  [Am. 3] |
| --- | --- |

(12)

If assignees are not aware of the legal risk or choose to ignore it, they may face unexpected financial losses. Uncertainty about who has legal title over the claims assigned on a cross-border basis can have knock-on effects and deepen and prolong the impact of a financial crisis. If assignees decide to mitigate the legal risk by seeking specific legal advice, they will incur higher transaction costs not required for domestic assignments. If assignees are deterred by the legal risk and choose to avoid it, they may forego business opportunities and market integration may be reduced.
  [Am. 3]

| (12a) | This legal risk can also act as a deterrent. Assignees and assignors may choose to avoid it, thereby allowing business opportunities to pass. This lack of clarity does not therefore appear to be in line with the objective of market integration and the principle of free movement of capital enshrined in Articles 63 to 66 Treaty on the Functioning of the European Union. [Am. 4] |
| --- | --- |

(12a)

This legal risk can also act as a deterrent. Assignees and assignors may choose to avoid it, thereby allowing business opportunities to pass. This lack of clarity does not therefore appear to be in line with the objective of market integration and the principle of free movement of capital enshrined in Articles 63 to 66 Treaty on the Functioning of the European Union. [Am. 4]

| (13) | The objective of this Regulation is to provide legal certainty by laying down common conflict of laws rules designating which national law applies to the third-party effects of assignments of claims
  , increasing cross-border claims transactions, so as to encourage cross-border investment in the Union and facilitate access to finance for firms — including small and medium-sized enterprises (SMEs) — and consumers
  . [Am. 5] |
| --- | --- |

(13)

The objective of this Regulation is to provide legal certainty by laying down common conflict of laws rules designating which national law applies to the third-party effects of assignments of claims
  , increasing cross-border claims transactions, so as to encourage cross-border investment in the Union and facilitate access to finance for firms — including small and medium-sized enterprises (SMEs) — and consumers
  . [Am. 5]

| (14) | A claim gives a creditor a right to the payment of a sum of money or the performance of an obligation by the debtor. The assignment of a claim enables the creditor (assignor) to transfer his right to claim the debt against a debtor to another person (assignee). The laws that govern the contractual relationship between the creditor and the debtor, between the assignor and the assignee and between the assignee and the debtor are designated by the conflict of laws rules laid down in the Rome I Regulation. |
| --- | --- |

(14)

A claim gives a creditor a right to the payment of a sum of money or the performance of an obligation by the debtor. The assignment of a claim enables the creditor (assignor) to transfer his right to claim the debt against a debtor to another person (assignee). The laws that govern the contractual relationship between the creditor and the debtor, between the assignor and the assignee and between the assignee and the debtor are designated by the conflict of laws rules laid down in the Rome I Regulation.

| (14a) | This Regulation is not intended to alter the provisions of Regulation (EC) No 593/2008 regarding the proprietary effect of a voluntary assignment as between assignor and assignee or as between assignee and debtor. [Am. 6] |
| --- | --- |

(14a)

This Regulation is not intended to alter the provisions of Regulation (EC) No 593/2008 regarding the proprietary effect of a voluntary assignment as between assignor and assignee or as between assignee and debtor. [Am. 6]

| (15) | The conflict of laws rules laid down in this Regulation should govern the proprietary effects of assignments of claims as between all parties involved in the assignment (that is, between the assignor and the assignee and between the assignee and the debtor) as well as in respect of third parties, for example, a creditor of the assignor
  , excluding the debtor
  . [Am. 7] |
| --- | --- |

(15)

The conflict of laws rules laid down in this Regulation should govern the proprietary effects of assignments of claims as between all parties involved in the assignment (that is, between the assignor and the assignee and between the assignee and the debtor) as well as in respect of third parties, for example, a creditor of the assignor
  , excluding the debtor
  . [Am. 7]

| (16) | The claims covered by this Regulation are

  include
  trade receivables, claims arising from financial instruments as defined in Directive 2014/65/EU
  of the European Parliament and of the Council
   (9) and cash credited to an account in a credit institution. Financial instruments as defined in Directive 2014/65/EU include securities and derivatives traded on financial markets. While securities are assets, derivatives are contracts which include both rights (or claims) and obligations for the parties to the contract. [Am. 8] |
| --- | --- |

(16)

The claims covered by this Regulation are

  include
  trade receivables, claims arising from financial instruments as defined in Directive 2014/65/EU
  of the European Parliament and of the Council
   (9) and cash credited to an account in a credit institution. Financial instruments as defined in Directive 2014/65/EU include securities and derivatives traded on financial markets. While securities are assets, derivatives are contracts which include both rights (or claims) and obligations for the parties to the contract. [Am. 8]

| (17) | This Regulation concerns the third-party effects of the assignment of claims. It does not

  In particular, it covers
  the transfer of the contracts (such as derivative contracts), in which both rights (or claims) and obligations are included, and the novation of contracts including such rights and obligations. As this Regulation does not cover the transfer or the novation of contracts, trading in financial instruments, as well as the clearing and the settlement of these instruments, will continue to be governed by the law applicable to contractual obligations as laid down in the Rome I Regulation. This law is normally chosen by the parties to the contract or is designated by non-discretionary rules applicable to financial markets.
  [Am. 9] |
| --- | --- |

(17)

This Regulation concerns the third-party effects of the assignment of claims. It does not

  In particular, it covers
  the transfer of the contracts (such as derivative contracts), in which both rights (or claims) and obligations are included, and the novation of contracts including such rights and obligations. As this Regulation does not cover the transfer or the novation of contracts, trading in financial instruments, as well as the clearing and the settlement of these instruments, will continue to be governed by the law applicable to contractual obligations as laid down in the Rome I Regulation. This law is normally chosen by the parties to the contract or is designated by non-discretionary rules applicable to financial markets.
  [Am. 9]

| (18) | Matters governed by the Financial Collateral Directive

  Directive 2002/47/EC
  , the Settlement Finality Directive

  Directive 98/26/EC of the European Parliament and of the Council
   (10), the Winding-Up Directive

  Directive 2001/24/EC of the European Parliament and of the Council
   (11) and the Registry Regulation

  Commission Regulation (EU) No 389/201
  3 (12) should not be affected by this Regulation
  , since the scope of the conflict of laws rules contained in this Regulation and that of the conflict of laws rules contained in those three Directives do not overlap
  . [Am. 10] |
| --- | --- |

(18)

Matters governed by the Financial Collateral Directive

  Directive 2002/47/EC
  , the Settlement Finality Directive

  Directive 98/26/EC of the European Parliament and of the Council
   (10), the Winding-Up Directive

  Directive 2001/24/EC of the European Parliament and of the Council
   (11) and the Registry Regulation

  Commission Regulation (EU) No 389/201
  3 (12) should not be affected by this Regulation
  , since the scope of the conflict of laws rules contained in this Regulation and that of the conflict of laws rules contained in those three Directives do not overlap
  . [Am. 10]

| (19) | This Regulation should be universal: the law designated by this Regulation should apply even if it is not the law of a Member State. |
| --- | --- |

(19)

This Regulation should be universal: the law designated by this Regulation should apply even if it is not the law of a Member State.

| (20) | Predictability is essential for third parties interested in acquiring legal title over the assigned claim. Applying the law of the country where the assignor has its habitual residence to the third-party effects of assignments of claims enables the third parties concerned to easily know in advance which national law will govern their rights. The law of the assignor’s habitual residence should thus apply as a rule to the third-party effects of assignments of claims. This rule should apply, in particular, to the third-party effects of the assignment of claims in factoring, collateralisation and, where the parties have not chosen the law of the assigned claim, securitisation. |
| --- | --- |

(20)

Predictability is essential for third parties interested in acquiring legal title over the assigned claim. Applying the law of the country where the assignor has its habitual residence to the third-party effects of assignments of claims enables the third parties concerned to easily know in advance which national law will govern their rights. The law of the assignor’s habitual residence should thus apply as a rule to the third-party effects of assignments of claims. This rule should apply, in particular, to the third-party effects of the assignment of claims in factoring, collateralisation and, where the parties have not chosen the law of the assigned claim, securitisation.

| (21) | The law chosen as a rule to apply to the third-party effects of assignments of claims should enable the determination of the applicable law where future claims are assigned, a common practice where multiple claims are assigned, such as in factoring. The application of the law of the assignor’s habitual residence enables the determination of the law applicable to the third-party effects of the assignment of future claims. |
| --- | --- |

(21)

The law chosen as a rule to apply to the third-party effects of assignments of claims should enable the determination of the applicable law where future claims are assigned, a common practice where multiple claims are assigned, such as in factoring. The application of the law of the assignor’s habitual residence enables the determination of the law applicable to the third-party effects of the assignment of future claims.

| (22) | The need to determine who has legal title over an assigned claim often arises when defining the insolvency estate where the assignor becomes insolvent. Coherence between the conflict of laws rules in this Regulation and those laid down in Regulation (EU) 2015/848 on insolvency proceedings is therefore desirable. Coherence should be achieved through the application as a rule of the law of the assignor’s habitual residence to the third-party effects of assignments of claims, as the use of the assignor’s habitual residence as connecting factor coincides with the debtor’s centre of main interest used as connecting factor for insolvency purposes. |
| --- | --- |

(22)

The need to determine who has legal title over an assigned claim often arises when defining the insolvency estate where the assignor becomes insolvent. Coherence between the conflict of laws rules in this Regulation and those laid down in Regulation (EU) 2015/848 on insolvency proceedings is therefore desirable. Coherence should be achieved through the application as a rule of the law of the assignor’s habitual residence to the third-party effects of assignments of claims, as the use of the assignor’s habitual residence as connecting factor coincides with the debtor’s centre of main interest used as connecting factor for insolvency purposes.

| (23) | The 2001 United Nations Convention on the Assignment of Receivables in International Trade provides that the priority of the right of an assignee in the assigned receivable over the right of a competing claimant is governed by the law of the State in which the assignor is located. The compatibility between the Union conflict of laws rules laid down in this Regulation and the solution favoured at the international level by the Convention should facilitate the resolution of international disputes. |
| --- | --- |

(23)

The 2001 United Nations Convention on the Assignment of Receivables in International Trade provides that the priority of the right of an assignee in the assigned receivable over the right of a competing claimant is governed by the law of the State in which the assignor is located. The compatibility between the Union conflict of laws rules laid down in this Regulation and the solution favoured at the international level by the Convention should facilitate the resolution of international disputes.

| (24) | Where the assignor changes its habitual residence between multiple assignments of the same claim, the applicable law should be the law of the assignor’s habitual residence at the time at which one of the assignees first makes his assignment effective against third parties by completing the requirements under the law applicable on the basis of the assignor's habitual residence at that time. |
| --- | --- |

(24)

Where the assignor changes its habitual residence between multiple assignments of the same claim, the applicable law should be the law of the assignor’s habitual residence at the time at which one of the assignees first makes his assignment effective against third parties by completing the requirements under the law applicable on the basis of the assignor's habitual residence at that time.

| (25) | In accordance with market practice and the needs of market participants, the third-party effects of certain assignments of claims should, as an exception, be governed by the law of the assigned claim, that is, the law that governs the initial contract between the creditor and the debtor from which

  which gives rise to
  the claim arises. [Am. 11] |
| --- | --- |

(25)

In accordance with market practice and the needs of market participants, the third-party effects of certain assignments of claims should, as an exception, be governed by the law of the assigned claim, that is, the law that governs the initial contract between the creditor and the debtor from which

  which gives rise to
  the claim arises. [Am. 11]

| (26) | The law of the assigned claim should govern the third-party effects of the assignment by an account holder of cash credited to an account in a credit institution, where the account holder is the creditor/assignor and the credit institution is the debtor. Greater predictability is provided to third parties, such as creditors of the assignor and competing assignees, if the law of the assigned claim applies to the third-party effects of these assignments as it is generally assumed that the claim that an account holder has over cash credited to an account in a credit institution is governed by the law of the country where the credit institution is located (rather than by the law of the habitual residence of the account holder/assignor). This law is normally chosen in the account contract between the account holder and the credit institution. |
| --- | --- |

(26)

The law of the assigned claim should govern the third-party effects of the assignment by an account holder of cash credited to an account in a credit institution, where the account holder is the creditor/assignor and the credit institution is the debtor. Greater predictability is provided to third parties, such as creditors of the assignor and competing assignees, if the law of the assigned claim applies to the third-party effects of these assignments as it is generally assumed that the claim that an account holder has over cash credited to an account in a credit institution is governed by the law of the country where the credit institution is located (rather than by the law of the habitual residence of the account holder/assignor). This law is normally chosen in the account contract between the account holder and the credit institution.

| (27) | The third-party effects of the assignment of claims arising from financial instruments should also be subject to the law governing the assigned claim, that is, the law governing the contract from which the claim arises (such as a derivative contract). Subjecting the third-party effects of assignments of claims arising from financial instruments to the law of the assigned claim rather than the law of the assignor’s habitual residence is essential to preserve the stability and smooth functioning of financial markets. These are preserved as the law that governs the financial instrument from which the claim arises is the law chosen by the parties to the contract or the law determined in accordance with non-discretionary rules applicable to financial markets. |
| --- | --- |

(27)

The third-party effects of the assignment of claims arising from financial instruments should also be subject to the law governing the assigned claim, that is, the law governing the contract from which the claim arises (such as a derivative contract). Subjecting the third-party effects of assignments of claims arising from financial instruments to the law of the assigned claim rather than the law of the assignor’s habitual residence is essential to preserve the stability and smooth functioning of financial markets. These are preserved as the law that governs the financial instrument from which the claim arises is the law chosen by the parties to the contract or the law determined in accordance with non-discretionary rules applicable to financial markets.

| (28) | Flexibility should be provided in the determination of the law applicable to the third-party effects of assignments of claims in the context of a securitisation in order to cater for the needs of all securitisers and facilitate the expansion of the cross-border securitisation market to smaller operators. Whilst the law of the assignor’s habitual residence should apply as the default rule to the third-party effects of assignments of claims in the context of a securitisation, the assignor (originator) and the assignee (special purpose vehicle) should be able to choose that the law of the assigned claim should apply to the third-party effects of the assignment of claims. The assignor and the assignee should be able to decide that the third-party effects of the assignment of claims in the context of a securitisation should remain subject to the general rule of the assignor’s habitual residence or to choose the law of the assigned claim in function of the structure and characteristics of the transaction, for example the number and location of the originators and the number of laws which govern the assigned claims.
  [Am. 12] |
| --- | --- |

(28)

Flexibility should be provided in the determination of the law applicable to the third-party effects of assignments of claims in the context of a securitisation in order to cater for the needs of all securitisers and facilitate the expansion of the cross-border securitisation market to smaller operators. Whilst the law of the assignor’s habitual residence should apply as the default rule to the third-party effects of assignments of claims in the context of a securitisation, the assignor (originator) and the assignee (special purpose vehicle) should be able to choose that the law of the assigned claim should apply to the third-party effects of the assignment of claims. The assignor and the assignee should be able to decide that the third-party effects of the assignment of claims in the context of a securitisation should remain subject to the general rule of the assignor’s habitual residence or to choose the law of the assigned claim in function of the structure and characteristics of the transaction, for example the number and location of the originators and the number of laws which govern the assigned claims.
  [Am. 12]

| (29) | Priority conflicts between assignees of the same claim may arise where the third-party effects of the assignment have been subject to the law of the assignor’s habitual residence in one assignment and to the law of the assigned claim in another assignment. In such cases, the law applicable to resolve the priority conflict should be the law applicable to the third-party effects of the assignment of the claim which has first become effective against third parties under its applicable law.
  Where both assignments of claims become effective against third parties at the same time, the law of the assignor’s habitual residence should prevail. [Am. 13] |
| --- | --- |

(29)

Priority conflicts between assignees of the same claim may arise where the third-party effects of the assignment have been subject to the law of the assignor’s habitual residence in one assignment and to the law of the assigned claim in another assignment. In such cases, the law applicable to resolve the priority conflict should be the law applicable to the third-party effects of the assignment of the claim which has first become effective against third parties under its applicable law.
  Where both assignments of claims become effective against third parties at the same time, the law of the assignor’s habitual residence should prevail. [Am. 13]

| (30) | The scope of the national law designated by this Regulation as the law applicable to the third-party effects of an assignment of claims should be uniform. The national law designated as applicable should govern in particular (i) the effectiveness of the assignment against third parties, that is, the steps
  and procedures
  that need to be taken

  followed
  by the assignee in order to ensure that he acquires legal title over the assigned claim (for example, registering the assignment with a public authority or registry, or notifying the debtor in writing of the assignment); and (ii) priority issues, that is,
  the resolution of
  conflicts between several claimants as to who has title over the claim
  following a cross-border assignment
  (for example, between two assignees where the same claim has been assigned twice, or between an assignee and a creditor of the assignor). [Am. 14] |
| --- | --- |

(30)

The scope of the national law designated by this Regulation as the law applicable to the third-party effects of an assignment of claims should be uniform. The national law designated as applicable should govern in particular (i) the effectiveness of the assignment against third parties, that is, the steps
  and procedures
  that need to be taken

  followed
  by the assignee in order to ensure that he acquires legal title over the assigned claim (for example, registering the assignment with a public authority or registry, or notifying the debtor in writing of the assignment); and (ii) priority issues, that is,
  the resolution of
  conflicts between several claimants as to who has title over the claim
  following a cross-border assignment
  (for example, between two assignees where the same claim has been assigned twice, or between an assignee and a creditor of the assignor). [Am. 14]

| (31) | Given the universal character of this Regulation, the laws of countries with different legal traditions may be designated as the applicable law. Where, further to the assignment of a claim, the contract from which the claim arises is transferred, the law designated by this Regulation as the law applicable to the third-party effects of a claim assignment should also govern a priority conflict between the assignee of the claim and the new beneficiary of the same claim further to the transfer of the contract from which the claim arises. For the same reason, the law designated by this Regulation as the law applicable to the third-party effects of a claim assignment should also apply, where novation is used as a functional equivalent of the transfer of a contract, to resolve a priority conflict between an assignee of a claim and the new beneficiary of the functionally equivalent claim further to the novation of the contract from which the claim arises. |
| --- | --- |

(31)

Given the universal character of this Regulation, the laws of countries with different legal traditions may be designated as the applicable law. Where, further to the assignment of a claim, the contract from which the claim arises is transferred, the law designated by this Regulation as the law applicable to the third-party effects of a claim assignment should also govern a priority conflict between the assignee of the claim and the new beneficiary of the same claim further to the transfer of the contract from which the claim arises. For the same reason, the law designated by this Regulation as the law applicable to the third-party effects of a claim assignment should also apply, where novation is used as a functional equivalent of the transfer of a contract, to resolve a priority conflict between an assignee of a claim and the new beneficiary of the functionally equivalent claim further to the novation of the contract from which the claim arises.

| (32) | Considerations of public interest justify giving the courts of the Member States the possibility, in exceptional circumstances, of applying exceptions based on public policy and overriding mandatory provisions, which should be interpreted restrictively. |
| --- | --- |

(32)

Considerations of public interest justify giving the courts of the Member States the possibility, in exceptional circumstances, of applying exceptions based on public policy and overriding mandatory provisions, which should be interpreted restrictively.

| (33) | Respect for international commitments entered into by the Member States means that this Regulation should not affect international conventions to which one or more Member States are parties at the time when this Regulation is adopted. To make the rules more accessible, the Commission should publish the list of the relevant conventions in the Official Journal of the European Union on the basis of information supplied by the Member States. |
| --- | --- |

(33)

Respect for international commitments entered into by the Member States means that this Regulation should not affect international conventions to which one or more Member States are parties at the time when this Regulation is adopted. To make the rules more accessible, the Commission should publish the list of the relevant conventions in the Official Journal of the European Union on the basis of information supplied by the Member States.

| (34) | This Regulation respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to promote the application of Articles 17 and 47 concerning, respectively, the right to property and the right to an effective remedy and to a fair trial
  , as well as Article 16 concerning the freedom to conduct a business
  . [Am. 15] |
| --- | --- |

(34)

This Regulation respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to promote the application of Articles 17 and 47 concerning, respectively, the right to property and the right to an effective remedy and to a fair trial
  , as well as Article 16 concerning the freedom to conduct a business
  . [Am. 15]

| (35) | Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale and effects of this Regulation, 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. The desired uniformity of the conflict of laws rules on the third-party effects of assignments of claims can only be achieved through a Regulation as only a Regulation ensures a consistent interpretation and application of the rules at national level. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(35)

Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale and effects of this Regulation, 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. The desired uniformity of the conflict of laws rules on the third-party effects of assignments of claims can only be achieved through a Regulation as only a Regulation ensures a consistent interpretation and application of the rules at national level. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

| (36) | In accordance with Article 3 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, the [United Kingdom] [and] [Ireland] [have/has notified their/its wish to take part in the adoption and application of the present Regulation] [are/is not taking part in the adoption of this Regulation and are/is not bound by it or subject to its application]. |
| --- | --- |

(36)

In accordance with Article 3 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, the [United Kingdom] [and] [Ireland] [have/has notified their/its wish to take part in the adoption and application of the present Regulation] [are/is not taking part in the adoption of this Regulation and are/is not bound by it or subject to its application].

| (37) | In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. |
| --- | --- |

(37)

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Scope

1.   This Regulation shall apply, in situations involving a conflict of laws, to the third-party effects of assignments of claims in civil and commercial matters
  other than third-party effects to the debtor of the claim assigned
  . [Am. 16]

It shall not apply, in particular, to revenue, customs or administrative matters.

1a.
     
  This Regulation is without prejudice to Union and national law on consumer protection. [Am. 17]

2.   The following shall be excluded from the scope of this Regulation:

| (a) | assignment of claims arising from family relationships and relationships deemed by the law applicable to such relationships to have comparable effects, including maintenance obligations; |
| --- | --- |

(a)

assignment of claims arising from family relationships and relationships deemed by the law applicable to such relationships to have comparable effects, including maintenance obligations;

| (b) | assignment of claims arising from matrimonial property regimes, property regimes of relationships deemed by the law applicable to such relationships to have comparable effects to marriage, and

  including registered partnerships,
  wills and succession; [Am. 18] |
| --- | --- |

(b)

assignment of claims arising from matrimonial property regimes, property regimes of relationships deemed by the law applicable to such relationships to have comparable effects to marriage, and

  including registered partnerships,
  wills and succession; [Am. 18]

| (c) | assignment of claims arising from bills of exchange, cheques and promissory notes and other negotiable instruments to the extent that the obligations under such other negotiable instruments arise out of their negotiable character; |
| --- | --- |

(c)

assignment of claims arising from bills of exchange, cheques and promissory notes and other negotiable instruments to the extent that the obligations under such other negotiable instruments arise out of their negotiable character;

| (d) | assignment of claims arising from questions governed by the law of companies and other bodies, corporate or unincorporated, such as the creation, by registration or otherwise, legal capacity, internal organisation or winding-up of companies and other bodies, corporate or unincorporated, and the personal liability of officers and members as such for the obligations of the company or body; |
| --- | --- |

(d)

assignment of claims arising from questions governed by the law of companies and other bodies, corporate or unincorporated, such as the creation, by registration or otherwise, legal capacity, internal organisation or winding-up of companies and other bodies, corporate or unincorporated, and the personal liability of officers and members as such for the obligations of the company or body;

| (e) | assignment of claims arising from the constitution of trusts and the relationship between settlors, trustees and beneficiaries; |
| --- | --- |

(e)

assignment of claims arising from the constitution of trusts and the relationship between settlors, trustees and beneficiaries;

| (f) | assignment of claims arising from life insurance contracts arising out of operations carried out by organisations other than undertakings referred to in Article 2(1) and (3) of Directive 2009/138/EC of the European Parliament and of the Council (13) the object of which is to provide benefits for employed or self-employed persons belonging to an undertaking or group of undertakings, or to a trade or group of trades, in the event of death or survival or of discontinuance or curtailment of activity, or of sickness related to work or accidents at work. |
| --- | --- |

(f)

assignment of claims arising from life insurance contracts arising out of operations carried out by organisations other than undertakings referred to in Article 2(1) and (3) of Directive 2009/138/EC of the European Parliament and of the Council (13) the object of which is to provide benefits for employed or self-employed persons belonging to an undertaking or group of undertakings, or to a trade or group of trades, in the event of death or survival or of discontinuance or curtailment of activity, or of sickness related to work or accidents at work.

| (fa) | assignment of claims in the course of a collective proceeding under Regulation (EU) 2015/848. [Am. 19] |
| --- | --- |

(fa)

assignment of claims in the course of a collective proceeding under Regulation (EU) 2015/848. [Am. 19]

Article 2

Definitions

For the purposes of this Regulation:

| (a) | ‘assignor’ means a person who transfers his right to claim a debt against a debtor to another person; |
| --- | --- |

(a)

‘assignor’ means a person who transfers his right to claim a debt against a debtor to another person;

| (b) | ‘assignee’ means a person who obtains the right to claim a debt against a debtor from another person; |
| --- | --- |

(b)

‘assignee’ means a person who obtains the right to claim a debt against a debtor from another person;

| (c) | ‘assignment’ means a voluntary transfer of a right to claim a debt against a debtor. It includes outright transfers of claims, contractual subrogation, transfers of claims by way of security and pledges or other security rights over claims; |
| --- | --- |

(c)

‘assignment’ means a voluntary transfer of a right to claim a debt against a debtor. It includes outright transfers of claims, contractual subrogation, transfers of claims by way of security and pledges or other security rights over claims;

| (d) | ‘claim’ means the right to claim a debt of whatever nature, whether monetary or non-monetary, and whether arising from a contractual or a non-contractual obligation; |
| --- | --- |

(d)

‘claim’ means the right to claim a debt of whatever nature, whether monetary or non-monetary, and whether arising from a contractual or a non-contractual obligation;

| (e) | ‘third-party effects’ means proprietary effects, that is, the right of the assignee to assert his legal title over a claim assigned to him towards other assignees or beneficiaries of the same or functionally equivalent claim, creditors of the assignor and other third parties
  , excluding the debtor
  ; [Am. 20] |
| --- | --- |

(e)

‘third-party effects’ means proprietary effects, that is, the right of the assignee to assert his legal title over a claim assigned to him towards other assignees or beneficiaries of the same or functionally equivalent claim, creditors of the assignor and other third parties
  , excluding the debtor
  ; [Am. 20]

| (f) | ‘habitual residence’ means, for companies and other bodies, corporate or unincorporated, the place of central administration; for a natural person acting in the course of his business activity, his principal place of business; |
| --- | --- |

(f)

‘habitual residence’ means, for companies and other bodies, corporate or unincorporated, the place of central administration; for a natural person acting in the course of his business activity, his principal place of business;

| (g) | ‘credit institution’ means an undertaking as defined in point (1) of Article 4(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council (14), including branches, within the meaning of point (17) of Article 4(1) of that Regulation, of credit institutions having their head offices inside or, in accordance with Article 47 of Directive 2013/36/EU of the European Parliament and of the Council (15), outside the Union where such branches are located in the Union; |
| --- | --- |

(g)

‘credit institution’ means an undertaking as defined in point (1) of Article 4(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council (14), including branches, within the meaning of point (17) of Article 4(1) of that Regulation, of credit institutions having their head offices inside or, in accordance with Article 47 of Directive 2013/36/EU of the European Parliament and of the Council (15), outside the Union where such branches are located in the Union;

| (h) | ‘cash’ means money credited to an account in a credit institution in any currency;
  [Am. 21] |
| --- | --- |

(h)

‘cash’ means money credited to an account in a credit institution in any currency;
  [Am. 21]

| (i) | ‘financial instrument’ means those instruments specified in Section C of Annex I of Directive 2014/65/EU of the European Parliament and of the Council (16). |
| --- | --- |

(i)

‘financial instrument’ means those instruments specified in Section C of Annex I of Directive 2014/65/EU of the European Parliament and of the Council (16).

CHAPTER II

UNIFORM RULES

Article 3

Universal application

Any law specified by this Regulation shall be applied whether or not it is the law of a Member State.

Article 4

Applicable law

1.   Unless otherwise provided for in this Article, the third-party effects of an assignment of claims shall be governed by the law of the country in which the assignor has its habitual residence at the material time
  of the conclusion of the assignment contract
  .

Where the assignor has changed its habitual residence between two assignments of the same claim to different assignees, the priority of the right of an assignee over the right of another assignee shall be governed by the law of the habitual residence of the assignor at the time of the assignment which first became effective against
  other
  third parties under the law designated as applicable pursuant to the first subparagraph.

2.   The

  Notwithstanding paragraph 1 of this Article, the
  law applicable to the assigned claim shall govern the third-party effects of the assignment of:

| (a) | cash

  money
  credited to an account in a credit institution; |
| --- | --- |

(a)

cash

  money
  credited to an account in a credit institution;

| (b) | claims arising from financial instrument

  instruments
  . |
| --- | --- |

(b)

claims arising from financial instrument

  instruments
  .

3.   The assignor and the assignee may choose the law applicable to the assigned claim as the law applicable to the third-party effects of an assignment of claims in view of a securitisation.

The choice of law shall be made expressly in the assignment contract or by a separate agreement. The substantive and formal validity of the act whereby the choice of law was made shall be governed by the chosen law.

4.   A priority conflict between assignees of the same claim where the third-party effects of one of the assignments are governed by the law of the country in which the assignor has its habitual residence and the third-party effects of other assignments are governed by the law of the assigned claim shall be governed by the law applicable to the third-party effects of the assignment of the claim which first became effective against third parties under its applicable law.
  Where both assignments become effective against third parties at the same time, the law of the country in which the assignor’s habitual residence is situated shall prevail. [Am. 22]

Article 5

Scope of the applicable law

The law applicable to the third-party effects of assignment of claims pursuant to this Regulation shall govern, in particular:

| (a) | the requirements to ensure the effectiveness of the assignment against third parties other than the debtor, such as registration or publication formalities; |
| --- | --- |

(a)

the requirements to ensure the effectiveness of the assignment against third parties other than the debtor, such as registration or publication formalities;

| (b) | the priority of the rights of the assignee over the rights of another assignee of the same claim; |
| --- | --- |

(b)

the priority of the rights of the assignee over the rights of another assignee of the same claim;

| (c) | the priority of the rights of the assignee over the rights of the assignor’s creditors; |
| --- | --- |

(c)

the priority of the rights of the assignee over the rights of the assignor’s creditors;

| (d) | the priority of the rights of the assignee over the rights of the beneficiary of a transfer of contract in respect of the same claim; |
| --- | --- |

(d)

the priority of the rights of the assignee over the rights of the beneficiary of a transfer of contract in respect of the same claim;

| (e) | the priority of the rights of the assignee over the rights of the beneficiary of a novation of contract against the debtor in respect of the equivalent claim. |
| --- | --- |

(e)

the priority of the rights of the assignee over the rights of the beneficiary of a novation of contract against the debtor in respect of the equivalent claim.

Article 6

Overriding mandatory provisions

1.   Nothing in this Regulation shall restrict the application of the overriding mandatory provisions of the law of the forum.

2.   Overriding mandatory provisions are provisions the respect for 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 third-party effects of assignments of claims pursuant to this Regulation.

2a.
     
  Effect shall be given to the overriding mandatory provisions of the law of the Member State where the assignment has to be or has been performed, insofar as those overriding mandatory provisions render the performance of the assignment contract unlawful. [Am. 23]

CHAPTER III

OTHER PROVISIONS

Article 7

Public policy (ordre public)

The application of a provision of the law of any country specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the forum.

Article 8

Exclusion of renvoi

The application of the law of any State specified by this Regulation means the application of the rules of law in force in that State other than its rules of private international law.

Article 9

States with more than one legal system

1.   Where a State comprises several territorial units, each of which has its own rules of law in respect of the third-party effects of assignments of claims, each territorial unit shall be considered as a State for the purposes of identifying the law applicable under this Regulation.

2.   A Member State which comprises several territorial units each of which has its own rules of law in respect of the third-party effects of assignments of claims shall not be required to apply this Regulation to conflicts of laws arising between such units only.

Article 10

Relationship with other provisions of Union law

This Regulation shall not prejudice the application of provisions of Union law which, in relation to particular matters, lay down conflict of laws rules relating to the third-party effects of assignments of claims.

Article 11

Relationship with existing international conventions

1.   This Regulation shall not prejudice the application of international conventions to which one or more Member States are parties at the time when this Regulation is adopted and which lay down conflict of laws rules relating to the third-party effects of assignments of claims.

2.   However, this Regulation shall, as between Member States, take precedence over conventions concluded exclusively between two or more of them in so far as such conventions concern matters governed by this Regulation.

Article 12

List of Conventions

1.   By [date of application], Member States shall notify the Commission of the conventions referred to in Article 11(1). After that date, Member States shall notify the Commission of all denunciations of such conventions.

2.   Within six months of receipt of the notifications referred to in paragraph 1, the Commission shall publish in the Official Journal of the European Union:

| (a) | a list of the conventions referred to in paragraph 1; |
| --- | --- |

(a)

a list of the conventions referred to in paragraph 1;

| (b) | the denunciations referred to in paragraph 1. |
| --- | --- |

(b)

the denunciations referred to in paragraph 1.

Article 13

Review clause

By ... [five years after the date of application], the Commission shall submit to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation. If appropriate, the report shall be accompanied by proposals to amend this Regulation.

Article 14

Application in time

1.   This Regulation shall apply to assignments of claims concluded on or after ... [date of application].

2.   The law applicable pursuant to this Regulation shall determine whether the rights of a third party in respect of a claim assigned after the date of application of this Regulation have priority over the rights of another third person acquired before this Regulation becomes applicable.
  In the case of competing claims based on assignments, the law applicable pursuant to this Regulation shall determine the rights of the respective assignees, solely in respect of assignments concluded after ... [the date of application of this Regulation]. [Am. 24]

Article 15

Entry into force and date of application

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

It shall apply from ... [18 months from date of entry into force].

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 303, 29.8.2018, p. 2.

1

(2)  OJ C 367, 10.10.2018, p. 50.

2

(3)  Position of the European Parliament of 13 February 2019.

3

(4)  Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).

4

(5)  Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements (OJ L 168, 27.6.2002, p. 43).

5

(6)  Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) (OJ L 199, 31.7.2007, p. 40).

6

(7)  Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).

7

(8)  Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19).

8

(9)  Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).

9

(10)  Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (OJ L 166, 11.6.1998, p. 45).

10

(11)  Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions (OJ L 125, 5.5.2001, p. 15).

11

(12)  Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011 (OJ L 122, 3.5.2013, p. 1).

12

(13)  Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).

13

(14)  Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012, OJ L 176, 27.6.2013, p. 1.

14

(15)  Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC, OJ L 176, 27.6.2013, p. 338.

15

(16)  Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, OJ L 173, 12.6.2014, p. 349.

16

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/329 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/329

---

P8_TA(2019)0087

Exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (Pericles IV programme) ***I

European Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (the ‘Pericles IV programme’) (COM(2018)0369 — C8-0240/2018 — 2018/0194(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/42)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2018)0369), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2018)0369),

| — | having regard to Article 294(2) and Article 133 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0240/2018), |
| --- | --- |

—

having regard to Article 294(2) and Article 133 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0240/2018),

| — | 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 Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0069/2019), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0069/2019),

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

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

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

3.

---

P8_TC1-COD(2018)0194

Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (the ‘Pericles IV programme’)

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 133 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),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | The Union and the Member States have set themselves the objective of laying down the measures necessary for the use of the euro as a single currency. Those measures include protecting the euro against counterfeiting and related fraud, thus empowering

  to ensure
  the effectiveness of the Union’s economy and securing

  secure
  the sustainability of public finances. [Am. 1] |
| --- | --- |

(1)

The Union and the Member States have set themselves the objective of laying down the measures necessary for the use of the euro as a single currency. Those measures include protecting the euro against counterfeiting and related fraud, thus empowering

  to ensure
  the effectiveness of the Union’s economy and securing

  secure
  the sustainability of public finances. [Am. 1]

| (2) | Council Regulation (EC) No 1338/2001 (3) provides for exchanges of information, cooperation and mutual assistance, thereby establishing a harmonised framework for the protection of the euro. The effects of that Regulation were extended by Council Regulation (EC) No 1339/2001 (4) to those Member States which have not adopted the euro as their single currency, so as to provide an equivalent level of protection for the euro throughout the Union. |
| --- | --- |

(2)

Council Regulation (EC) No 1338/2001 (3) provides for exchanges of information, cooperation and mutual assistance, thereby establishing a harmonised framework for the protection of the euro. The effects of that Regulation were extended by Council Regulation (EC) No 1339/2001 (4) to those Member States which have not adopted the euro as their single currency, so as to provide an equivalent level of protection for the euro throughout the Union.

| (3) | Actions with the aim of promoting exchanges of information and staff, technical and scientific assistance and specialised training help significantly to protect the Union’s single currency against counterfeiting and related fraud and therefore to attain a high and equivalent level of protection across the Union, whilst demonstrating the Union’s ability to tackle serious organised crime.
  Such actions also help addressing the common challenges and links with money laundering and organised crime. [Am. 2] |
| --- | --- |

(3)

Actions with the aim of promoting exchanges of information and staff, technical and scientific assistance and specialised training help significantly to protect the Union’s single currency against counterfeiting and related fraud and therefore to attain a high and equivalent level of protection across the Union, whilst demonstrating the Union’s ability to tackle serious organised crime.
  Such actions also help addressing the common challenges and links with money laundering and organised crime. [Am. 2]

| (4) | A programme for the protection of the euro against counterfeiting contributes to raising the awareness of Union citizens,
  increasing their confidence in that currency and
  improving the protection of the euro, especially through the constant dissemination of results of actions supported by that programme. [Am. 3] |
| --- | --- |

(4)

A programme for the protection of the euro against counterfeiting contributes to raising the awareness of Union citizens,
  increasing their confidence in that currency and
  improving the protection of the euro, especially through the constant dissemination of results of actions supported by that programme. [Am. 3]

| (4a) | Sound protection of the euro against counterfeiting is a key component of a secure and competitive EU economy, and directly linked to the EU objective of improving the efficient functioning of the Economic and Monetary Union. [Am. 4] |
| --- | --- |

(4a)

Sound protection of the euro against counterfeiting is a key component of a secure and competitive EU economy, and directly linked to the EU objective of improving the efficient functioning of the Economic and Monetary Union. [Am. 4]

| (5) | Past support for such actions, through Council Decisions 2001/923/EC (5) and 2001/924/EC (6), which were subsequently amended and extended by Council Decisions 2006/75/EC (7), 2006/76/EC (8), 2006/849/EC (9), 2006/850/EC (10) and Regulation (EU) No 331/2014 of the European Parliament and of the Council (11), has made it possible to enhance the actions of the Union and the Member States in the field of the protection of the euro against counterfeiting. The objectives of the programme for the protection of the euro against counterfeiting (‘the Pericles programme’) for the periods 2002-2006, 2007-2013 and 2014 until 2017 (12) have been successfully achieved. |
| --- | --- |

(5)

Past support for such actions, through Council Decisions 2001/923/EC (5) and 2001/924/EC (6), which were subsequently amended and extended by Council Decisions 2006/75/EC (7), 2006/76/EC (8), 2006/849/EC (9), 2006/850/EC (10) and Regulation (EU) No 331/2014 of the European Parliament and of the Council (11), has made it possible to enhance the actions of the Union and the Member States in the field of the protection of the euro against counterfeiting. The objectives of the programme for the protection of the euro against counterfeiting (‘the Pericles programme’) for the periods 2002-2006, 2007-2013 and 2014 until 2017 (12) have been successfully achieved.

| (6) | Contrary to standard procedure, a separate impact assessment of the Programme was not carried out. This can be partly explained by the fact that in 2017 the Commission carried out a mid-term evaluation of the Programme, supported by an independent report
   (13)

  . Although the report is generally positive about the Programme, it expresses concerns about the limited number of competent authorities participating in the activities of the Programme and the quality of the key performance indicators used for measuring the results of the Programme.
  In the

  its
  Communication to the European Parliament and to the Council on the mid-term evaluation of the Pericles 2020 Programme
  and its ex ante evaluation in the form of a Staff Working Document accompanying its proposal (COM(2018)0369)
  , the Commission came to the conclusion that the continuation of the Pericles 2020 programme

  Programme
  beyond 2020 should be supported, given its EU

  Union
  added value, its long-term impact and the sustainability of its actions
  and contribution to combating organised crime
  . [Am. 5] |
| --- | --- |

(6)

Contrary to standard procedure, a separate impact assessment of the Programme was not carried out. This can be partly explained by the fact that in 2017 the Commission carried out a mid-term evaluation of the Programme, supported by an independent report
   (13)

  . Although the report is generally positive about the Programme, it expresses concerns about the limited number of competent authorities participating in the activities of the Programme and the quality of the key performance indicators used for measuring the results of the Programme.
  In the

  its
  Communication to the European Parliament and to the Council on the mid-term evaluation of the Pericles 2020 Programme
  and its ex ante evaluation in the form of a Staff Working Document accompanying its proposal (COM(2018)0369)
  , the Commission came to the conclusion that the continuation of the Pericles 2020 programme

  Programme
  beyond 2020 should be supported, given its EU

  Union
  added value, its long-term impact and the sustainability of its actions
  and contribution to combating organised crime
  . [Am. 5]

| (7) | The advice contained in the mid-term evaluation was that actions financed under the Pericles 2020 Programme should be continued, taking into account possibilities

  while addressing the need
  to simplify the submitting of applications, to encourage differentiation of beneficiaries
  and the participation of a maximum of competent authorities from various countries in the activities of the Programme
  , to continue focusing on emerging and recurrent counterfeiting threats and to streamline the key performance indicators. [Am. 6] |
| --- | --- |

(7)

The advice contained in the mid-term evaluation was that actions financed under the Pericles 2020 Programme should be continued, taking into account possibilities

  while addressing the need
  to simplify the submitting of applications, to encourage differentiation of beneficiaries
  and the participation of a maximum of competent authorities from various countries in the activities of the Programme
  , to continue focusing on emerging and recurrent counterfeiting threats and to streamline the key performance indicators. [Am. 6]

| (7a) | Counterfeiting hotspots have been detected in third countries and the counterfeiting of the euro is acquiring a growing international dimension; therefore, capacity building and training activities involving the competent authorities of third countries should be considered essential to achieve the effective protection of the Union's single currency and should be further encouraged in the context of the Programme. [Am. 7] |
| --- | --- |

(7a)

Counterfeiting hotspots have been detected in third countries and the counterfeiting of the euro is acquiring a growing international dimension; therefore, capacity building and training activities involving the competent authorities of third countries should be considered essential to achieve the effective protection of the Union's single currency and should be further encouraged in the context of the Programme. [Am. 7]

| (8) | Therefore a new Programme for the period 2021-2027 (the “Pericles IV programme”) should be adopted. It should be ensured that the Pericles IV programme is consistent with, and complementary to, other relevant programmes and actions. The Commission should therefore carry out all the necessary consultations with regard to evaluating needs for the protection of the euro with the principal parties involved, in particular the competent national authorities designated by the Member States, the European Central Bank and Europol, within the committee referred to in Regulation (EC) No 1338/2001, particularly as regards exchanges, assistance and training, for the purpose of the application of the Pericles IV programme.
  Moreover, the Commission should draw on the vast experience of the European Central Bank in relation to the conduct of training and the provision of information on counterfeit euro banknotes when implementing the programme. [Am. 8] |
| --- | --- |

(8)

Therefore a new Programme for the period 2021-2027 (the “Pericles IV programme”) should be adopted. It should be ensured that the Pericles IV programme is consistent with, and complementary to, other relevant programmes and actions. The Commission should therefore carry out all the necessary consultations with regard to evaluating needs for the protection of the euro with the principal parties involved, in particular the competent national authorities designated by the Member States, the European Central Bank and Europol, within the committee referred to in Regulation (EC) No 1338/2001, particularly as regards exchanges, assistance and training, for the purpose of the application of the Pericles IV programme.
  Moreover, the Commission should draw on the vast experience of the European Central Bank in relation to the conduct of training and the provision of information on counterfeit euro banknotes when implementing the programme. [Am. 8]

| (9) | Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. |
| --- | --- |

(9)

Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.

| (10) | This Regulation complies with the principles of added value and proportionality. The Pericles IV programme should facilitate cooperation among the Member States and between the Commission and the Member States in order to protect the euro against counterfeiting, without impinging on Member States’ responsibilities, and using resources more efficiently than could be done at national level. Action at Union level is necessary and justified as it clearly assists Member States in collectively protecting the euro and encourages the use of common Union structures to increase cooperation and
  timely and comprehensive
  information exchange between competent authorities. [Am. 9] |
| --- | --- |

(10)

This Regulation complies with the principles of added value and proportionality. The Pericles IV programme should facilitate cooperation among the Member States and between the Commission and the Member States in order to protect the euro against counterfeiting, without impinging on Member States’ responsibilities, and using resources more efficiently than could be done at national level. Action at Union level is necessary and justified as it clearly assists Member States in collectively protecting the euro and encourages the use of common Union structures to increase cooperation and
  timely and comprehensive
  information exchange between competent authorities. [Am. 9]

| (11) | The Pericles IV programme should be implemented in accordance with the multiannual financial framework laid down in ... [reference to the post 2020 MFF Regulation Council Regulation (EU, Euratom) .../2018]. |
| --- | --- |

(11)

The Pericles IV programme should be implemented in accordance with the multiannual financial framework laid down in ... [reference to the post 2020 MFF Regulation Council Regulation (EU, Euratom) .../2018].

| (12) | In order to ensure uniform conditions for the implementation of the Pericles IV programme, implementing powers

  supplement and amend non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union
  should be conferred on

  delegated to
  the Commission
  in respect of work programmes as provided for in Article 10 and indicators as provided for in Article 12 and the Annex
  . The Commission should adopt annual work programmes setting out the priorities, the budget breakdown and the evaluation criteria for the grants for actions. The exceptional and duly justified cases, in which an increase in co-financing is necessary in order to give the Member States greater economic flexibility, thus enabling them to carry out and complete projects to protect and safeguard the euro in a satisfactory manner, should be part of the annual work programmes
  . It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making
   (14)

  . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 10] |
| --- | --- |

(12)

In order to ensure uniform conditions for the implementation of the Pericles IV programme, implementing powers

  supplement and amend non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union
  should be conferred on

  delegated to
  the Commission
  in respect of work programmes as provided for in Article 10 and indicators as provided for in Article 12 and the Annex
  . The Commission should adopt annual work programmes setting out the priorities, the budget breakdown and the evaluation criteria for the grants for actions. The exceptional and duly justified cases, in which an increase in co-financing is necessary in order to give the Member States greater economic flexibility, thus enabling them to carry out and complete projects to protect and safeguard the euro in a satisfactory manner, should be part of the annual work programmes
  . It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making
   (14)

  . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 10]

| (13) | This Regulation lays down a financial envelope for the Pericles IV programme which is to constitute the prime reference amount, within the meaning of ... [reference to be updated as appropriate according to the new inter-institutional agreement: point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management], for the European Parliament and the Council during the annual budgetary procedure. |
| --- | --- |

(13)

This Regulation lays down a financial envelope for the Pericles IV programme which is to constitute the prime reference amount, within the meaning of ... [reference to be updated as appropriate according to the new inter-institutional agreement: point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management], for the European Parliament and the Council during the annual budgetary procedure.

| (14) | In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 (15) of the European Parliament and of the Council, Council Regulation (Euratom, EC) No 2185/96 (16) and Council Regulation (EU) 2017/1939 (17), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (18). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests and grant the necessary rights and access to the Commission, OLAF, the EPPO, and the European Court of Auditors (ECA). |
| --- | --- |

(14)

In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 (15) of the European Parliament and of the Council, Council Regulation (Euratom, EC) No 2185/96 (16) and Council Regulation (EU) 2017/1939 (17), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (18). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests and grant the necessary rights and access to the Commission, OLAF, the EPPO, and the European Court of Auditors (ECA).

| (15) | The Commission should present to the European Parliament and to the Council a mid-term evaluation report on the implementation of the Pericles IV programme and a final evaluation report on the achievement of its objectives. |
| --- | --- |

(15)

The Commission should present to the European Parliament and to the Council a mid-term evaluation report on the implementation of the Pericles IV programme and a final evaluation report on the achievement of its objectives.

| (16) | Regulation (EU) No 331/2014 should therefore be repealed. |
| --- | --- |

(16)

Regulation (EU) No 331/2014 should therefore be repealed.

| (17) | It is appropriate to ensure a smooth transition without interruption between the Pericles 2020 programme and the Pericles IV programme and it is appropriate to align the duration of the Pericles IV programme with Council Regulation (EU, Euratom) .../... [laying down the multiannual financial framework for the years 2021-2027] .Therefore, the Pericles IV programme should apply from 1 January 2021, |
| --- | --- |

(17)

It is appropriate to ensure a smooth transition without interruption between the Pericles 2020 programme and the Pericles IV programme and it is appropriate to align the duration of the Pericles IV programme with Council Regulation (EU, Euratom) .../... [laying down the multiannual financial framework for the years 2021-2027] .Therefore, the Pericles IV programme should apply from 1 January 2021,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation establishes the Pericles IV Programme, an exchange, assistance and training programme for the protection of the euro against counterfeiting (‘the Programme’).

It lays down the objectives of the Programme, the budget for the period from 1 January 2021 to 31 December 2027, the forms of Union funding and the rules for providing such funding.

Article 2

Programme objectives

1.   The Programme has the following general objective:

To prevent and combat counterfeiting and related fraud, thus enhancing the competitiveness of

  preserving the integrity of the euro banknotes and coins, which strengthens the trust of citizens and business in the genuineness of these banknotes and coins therefore enhances the trust in
  the Union’s economy and

  , while
  securing the sustainability of public finances. [Am. 11]

2.   The Programme has the following specific objective:

To protect euro banknotes and coins against counterfeiting and related fraud, by supporting and supplementing the measures undertaken by the Member States and assisting the competent national and Union authorities in their efforts to develop among themselves and with the Commission a close and regular cooperation and an exchange of best practice, where appropriate including third countries and international organisations.

Article 3

Budget

1.   The financial envelope for the implementation of the Programme for the period from 1 January 2021 to 31 December 2027 shall be EUR 7 700 000 (19) (in current prices). [Am. 12]

2.   The annual appropriations shall be authorised by the European Parliament and the Council within the limits of the multiannual financial framework.

3.   The amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities including corporate information technology systems.

Article 4

Implementation and forms of EU funding

1.   The Programme shall be implemented in direct management in accordance with [latest version of the Financial Regulation, Regulation (EU, Euratom) No 966/2012 (20).]

2.   The Programme shall be implemented by the Commission in cooperation with the Member States, through regular consultations at different stages of the implementation of the Programme, taking into account

  whilst ensuring consistency and avoiding unnecessary duplication with
  relevant measures undertaken by other competent entities, in particular the European Central Bank and Europol.
  To this effect, when preparing the work programmes pursuant to Article 10, the Commission shall take into account existing and planned ECB and Europol activities against euro counterfeiting and fraud
  . [Am. 13]

3.   Financial support under the Programme for eligible actions listed in Article 6 shall take the form of either:

grants; or

public procurement.

Article 5

Joint actions

1.   Actions under the Programme may be organised jointly by the Commission and other partners having relevant expertise, such as:

| (a) | the national central banks and the European Central Bank (ECB); |
| --- | --- |

(a)

the national central banks and the European Central Bank (ECB);

| (b) | the National Analysis Centres (NACs) and the Coin National Analysis Centres (CNACs); |
| --- | --- |

(b)

the National Analysis Centres (NACs) and the Coin National Analysis Centres (CNACs);

| (c) | the European Technical and Scientific Centre (ETSC) and the mints; |
| --- | --- |

(c)

the European Technical and Scientific Centre (ETSC) and the mints;

| (d) | Europol, Eurojust and Interpol; |
| --- | --- |

(d)

Europol, Eurojust and Interpol;

| (e) | the national central anti-counterfeiting offices provided for in Article 12 of the International Convention for the Suppression of Counterfeiting Currency signed at Geneva on 20 April 1929 (21) and other agencies specialising in prevention, detection and law-enforcement in connection with counterfeiting; |
| --- | --- |

(e)

the national central anti-counterfeiting offices provided for in Article 12 of the International Convention for the Suppression of Counterfeiting Currency signed at Geneva on 20 April 1929 (21) and other agencies specialising in prevention, detection and law-enforcement in connection with counterfeiting;

| (f) | specialist bodies concerned in the field of duplication and certification technologies, printers and engravers; |
| --- | --- |

(f)

specialist bodies concerned in the field of duplication and certification technologies, printers and engravers;

| (g) | bodies other than those referred to in points (a) to (f) offering specific expertise, including, where appropriate, such bodies from third countries and in particular from acceding States and candidate countries; and |
| --- | --- |

(g)

bodies other than those referred to in points (a) to (f) offering specific expertise, including, where appropriate, such bodies from third countries and in particular from acceding States and candidate countries; and

| (h) | private entities that have developed and provided evidence of technical knowledge and teams specialising in detecting counterfeit banknotes and coins. |
| --- | --- |

(h)

private entities that have developed and provided evidence of technical knowledge and teams specialising in detecting counterfeit banknotes and coins.

2.   Where eligible actions are organised jointly by the Commission and the ECB, Eurojust, Europol or Interpol, the ensuing expenses shall be divided among them. In any event, each of them shall bear the travel and accommodation costs of its own guest speakers.

CHAPTER II

ELIGIBILITY

Article 6

Eligible actions

1.   The Programme shall provide, under the conditions set out in the annual work programmes referred to in Article 10, financial support for the following actions:

| (a) | exchange and dissemination of information, in particular through organising workshops, meetings and seminars, including training, targeted placements and exchanges of staff of competent national authorities and other similar actions. The exchange of information shall, among others, be targeted at:






  — | best practices in preventing counterfeiting and fraud relating to the euro; [Am. 14] |
| --- | --- | --- |

(a)

exchange and dissemination of information, in particular through organising workshops, meetings and seminars, including training, targeted placements and exchanges of staff of competent national authorities and other similar actions. The exchange of information shall, among others, be targeted at:

—

best practices in preventing counterfeiting and fraud relating to the euro; [Am. 14]

| — | methodologies for monitoring and analysing the economic and financial impact of counterfeiting; |
| --- | --- |

—

methodologies for monitoring and analysing the economic and financial impact of counterfeiting;

| — | operation of databases and early warning systems; |
| --- | --- |

—

operation of databases and early warning systems;

| — | use of detection tools with computer back-up; [Am. 15] |
| --- | --- |

—

use of detection tools with computer back-up; [Am. 15]

| — | enquiry and investigation methods; |
| --- | --- |

—

enquiry and investigation methods;

| — | scientific assistance, including monitoring of new developments; |
| --- | --- |

—

scientific assistance, including monitoring of new developments;

| — | protection of the euro outside the Union; |
| --- | --- |

—

protection of the euro outside the Union;

| — | research actions; |
| --- | --- |

—

research actions;

| — | provision of specific operational expertise; |
| --- | --- |

—

provision of specific operational expertise;

| (b) | technical, scientific and operational assistance, as appears necessary as part of the Programme including in particular:






  — | any appropriate measure which establishes teaching resources at Union level, such as a handbook of Union legislation, information bulletins, practical manuals, glossaries and lexicons, databases, especially in the area of scientific assistance or technology watch or computer support applications, such as software; |
| --- | --- | --- |

(b)

technical, scientific and operational assistance, as appears necessary as part of the Programme including in particular:

—

any appropriate measure which establishes teaching resources at Union level, such as a handbook of Union legislation, information bulletins, practical manuals, glossaries and lexicons, databases, especially in the area of scientific assistance or technology watch or computer support applications, such as software;

| — | relevant studies with a multidisciplinary and transnational dimension, including research on innovative security features; |
| --- | --- |

—

relevant studies with a multidisciplinary and transnational dimension, including research on innovative security features;

| — | development of technical support instruments and methods to facilitate detection actions at Union level; |
| --- | --- |

—

development of technical support instruments and methods to facilitate detection actions at Union level;

| — | support for cooperation in operations involving at least two States when such support is not

  cannot be made
  available from other programmes of European institutions and bodies; [Am. 16] |
| --- | --- |

—

support for cooperation in operations involving at least two States when such support is not

  cannot be made
  available from other programmes of European institutions and bodies; [Am. 16]

| (c) | the purchase of equipment to be used by specialised anti-counterfeiting authorities of third countries for protecting the euro against counterfeiting, in compliance with Article 10(3). |
| --- | --- |

(c)

the purchase of equipment to be used by specialised anti-counterfeiting authorities of third countries for protecting the euro against counterfeiting, in compliance with Article 10(3).

2.   The Programme shall take into account the transnational and multidisciplinary aspects of the fight against counterfeiting by targeting the participation of the following groups:

| (a) | staff of agencies engaged in detecting and combating counterfeiting, in particular police forces, customs and financial administrations, depending on their specific functions at national level; |
| --- | --- |

(a)

staff of agencies engaged in detecting and combating counterfeiting, in particular police forces, customs and financial administrations, depending on their specific functions at national level;

| (b) | intelligence personnel; |
| --- | --- |

(b)

intelligence personnel;

| (c) | representatives of the national central banks, the mints, commercial banks and other financial intermediaries, in particular as regards the obligations of financial institutions; |
| --- | --- |

(c)

representatives of the national central banks, the mints, commercial banks and other financial intermediaries, in particular as regards the obligations of financial institutions;

| (d) | judicial officers, specialist lawyers and members of the judiciary in this field; |
| --- | --- |

(d)

judicial officers, specialist lawyers and members of the judiciary in this field;

| (e) | any other group of specialists concerned, such as chambers of commerce and industry or comparable structures capable of providing access to small and medium-sized enterprises, retailers and cash-in-transit companies. |
| --- | --- |

(e)

any other group of specialists concerned, such as chambers of commerce and industry or comparable structures capable of providing access to small and medium-sized enterprises, retailers and cash-in-transit companies.

3.   The groups referred to in paragraph 2 of this Article may include participants from third countries if that is important for the fulfilment of the objectives provided for in Article 2. [Am. 17]

CHAPTER III

GRANTS

Article 7

Grants

Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation.

For actions implemented through grants, the purchase of equipment shall not be the sole component of the grant agreement.

Article 8

Co-financing rates

The co-financing rate for grants awarded under the Programme shall not exceed 75 % of the eligible costs. In exceptional and duly justified cases, defined in the annual work programmes referred to in Article 10, the co-financing rate shall not exceed 90 % of the eligible costs.

Article 9

Eligible entities

Entities eligible for funding under the Programme shall be the competent national authorities as defined in point (b) of Article 2 of Regulation (EC) No 1338/2001.

CHAPTER IV

PROGRAMMING, MONITORING, EVALUATION AND CONTROL

Article 10

Work programmes

1.   The Programme shall be implemented by

  Commission is empowered to adopt delegated acts in accordance with Article 11 to adopt
  work programmes as referred to in Article 110 of Financial Regulation. [Am. 18]

2.   For grants, in addition to the requirements laid down in Article 108 of the Financial Regulation, the work programme shall specify the essential selection and award criteria and the maximum possible rate of co-financing.

Article 11

Exercise of 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

  Articles 10(1) and
  12(2) shall be conferred on the Commission from 1 January 2021 until 31 December 2027. [Am. 19]

3.   The delegation of power referred to in Article

  Articles 10(1) and
  12(2), may be revoked at any time by the European Parliament or 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. [Am. 20]

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016
  , as well as representatives from the ECB and Europol
  . [Am. 21]

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

6.   A delegated act adopted pursuant to Article 12(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three 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 three months at the initiative of the European Parliament or the Council.

Article 12

Monitoring

1.   Indicators to report on progress of the Programme towards the achievement of the specific objective set out in Article 2 are set out in the Annex to this proposal.

2.   To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission is empowered to adopt delegated acts, in accordance with Article 11, to develop the provisions for a monitoring and evaluation framework, including through amendments to the Annex to review and complement the indicators where necessary for the purposes of evaluation.

3.   The Commission shall provide annual information on the results of the Programme to the European Parliament and to, the Council
  , the European Central Bank, Europol, Eurojust, and the European Public Prosecutor’s Office (EPPO)
  , taking into account the quantitative and qualitative indicators set out in the Annex to this proposal. [Am. 22]

4.   The participating countries and other beneficiaries shall provide the Commission with all the data and information necessary to permit the monitoring and evaluation of the Programme.

Article 13

Evaluation

1.   The interim evaluation of the Programme shall be carried out once there is sufficient information available about the implementation of the Programme, but no later than four years after the start of the programme implementation.

2.   At the end of the implementation of the Programme, but no later than two years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission.

3.   The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council and, the European Central Bank
  , Europol, Eurojust and the European Public Prosecutor’s Office
  . [Am. 23]

CHAPTER V

FINAL PROVISIONS

Article 14

Information, communication and publicity

1.   The recipients of Union funding shall acknowledge the origin and ensure the
  transparency and
  visibility of the Union funding (in particular when promoting the actions and their results), by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. [Am. 24]

2.   The Commission shall implement information and communication actions relating to the Programme, and to its actions and results. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, in so far as they are related to the objectives referred to in Article 2.

Article 15

Repeal

Regulation (EU) No 331/2014 is repealed with effect from 1 January 2021.

Article 16

Transitional provisions

This Regulation shall not affect the continuation or modification of the actions concerned, under Regulation (EU) No 331/2014, which shall continue to apply to the actions concerned until their closure.

Article 17

Entry into force

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

It shall apply from 1 January 2021.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 378, 19.10.2018, p. 2.

1

(2)  Position of the European Parliament of 13 February 2019.

2

(3)  Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (OJ L 181, 4.7.2001, p. 6).

3

(4)  Council Regulation (EC) No 1339/2001 of 28 June 2001 extending the effects of Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting to those Member States which have not adopted the euro as their single currency (OJ L 181, 4.7.2001, p. 11).

4

(5)  Council Decision 2001/923/EC of 17 December 2001 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles’ programme) (OJ L 339, 21.12.2001, p. 50).

5

(6)  Council Decision 2001/924/EC of 17 December 2001 extending the effects of the Decision establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (‘Pericles’ programme) to the Member States which have not adopted the euro as the single currency (OJ L 339, 21.12.2001, p. 55).

6

(7)  Council Decision 2006/75/EC of 30 January 2006 amending and extending Decision 2001/923/EC establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the Pericles programme) (OJ L 36, 8.2.2006, p. 40).

7

(8)  Council Decision 2006/76/EC of 30 January 2006 extending to the non-participating Member States the application of Decision 2006/75/EC amending and extending Decision 2001/923/EC establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the Pericles programme) (OJ L 36, 8.2.2006, p. 42).

8

(9)  Council Decision 2006/849/EC of 20 November 2006 amending and extending Decision 2001/923/EC establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the Pericles programme) (OJ L 330, 28.11.2006, p. 28).

9

(10)  Council Decision 2006/850/EC of 20 November 2006 extending to the non-participating Member States the application of Decision 2006/849/EC amending and extending Decision 2001/923/EC establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the Pericles programme) (OJ L 330, 28.11.2006, p. 30).

10

(11)  Regulation (EU) No 331/2014 of the European Parliament and of the Council of 11 March 2014 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles 2020’ programme) and repealing Council Decisions 2001/923/EC, 2001/924/EC, 2006/75/EC, 2006/76/EC, 2006/849/EC and 2006/850/EC (OJ L 103, 5.4.2014, p. 1).

11

(12)  Communication from the Commission to the European Parliament and to the Council on the mid-term evaluation of the Pericles 2020 Programme of 6.12.2017 (COM(2017)0741).

12

(13)  
  SWD(2017)0444 and Ares(2917)3289297 ‘30/06/2017.

13

SWD(2017)0444 and Ares(2917)3289297 ‘30/06/2017.

(14)  

  OJ L 123, 12.5.2016, p. 1.

14

OJ L 123, 12.5.2016, p. 1.

(15)  OJ L 248, 18.9.2013, p. 1.

15

(16)  OJ L 292, 15.11.1996, p. 2.

16

(17)  OJ L 283, 31.10.2017, p. 1.

17

(18)  Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

18

(19)  
  Indicative amount only, depending on overall MFF.

19

Indicative amount only, depending on overall MFF.

(20)  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 (OJ L 298, 26.10.2012, p. 1).

20

(21)  League of Nations Treaty Series No 2623 (1931), p. 372.

21

ANNEX

INDICATORS FOR THE EVALUATION OF THE PROGRAMME

The Programme will be monitored closely on the basis of a set of indicators intended to measure
  , at minimal administrative burdens and costs,
  the extent to which the general and specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs. To that end, data will be collected as regards the following set of key indicators: [Am. 25]

| (a) | Number of counterfeit euros detected

  The number of Member States and third countries, of which competent national authorities have participated in the activities under the Programme
  ; [Am. 26] |
| --- | --- |

(a)

Number of counterfeit euros detected

  The number of Member States and third countries, of which competent national authorities have participated in the activities under the Programme
  ; [Am. 26]

| (b) | Number of illegal workshops dismantled; and

  The number of participants and their satisfaction rate as well as any other feedback they may have given concerning the usefulness of the activities under the Programme; [Am. 27] |
| --- | --- |

(b)

Number of illegal workshops dismantled; and

  The number of participants and their satisfaction rate as well as any other feedback they may have given concerning the usefulness of the activities under the Programme; [Am. 27]

| (c) | Feedback

  Information
  received from participants in the actions financed by

  national competent authorities of the number of counterfeit euros detected and illegal workshops dismantled as a direct consequence of improved co-operation through
  the Programme. [Am. 28] |
| --- | --- |

(c)

Feedback

  Information
  received from participants in the actions financed by

  national competent authorities of the number of counterfeit euros detected and illegal workshops dismantled as a direct consequence of improved co-operation through
  the Programme. [Am. 28]

The data and information for the key performance indicators shall be collected annually by the following actors

  Commission and the beneficiaries of the Programme
  : [Am. 29]

| — | the Commission shall collect the data for the number of counterfeit euro coins and banknotes; |
| --- | --- |

—

the Commission shall collect the data for the number of counterfeit euro coins and banknotes;

| — | the Commission shall collect the data for the number of counterfeit workshops dismantled; |
| --- | --- |

—

the Commission shall collect the data for the number of counterfeit workshops dismantled;

| — | the Commission and the beneficiaries of the Programme shall collect the data for the feedback received from participants to the actions financed by the Programme. |
| --- | --- |

—

the Commission and the beneficiaries of the Programme shall collect the data for the feedback received from participants to the actions financed by the Programme.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/340 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/340

---

P8_TA(2019)0088

EU-Singapore Free Trade Agreement ***

European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and the Republic of Singapore (07971/2018 — C8-0446/2018 — 2018/0093(NLE))

(Consent)

(2020/C 449/43)

The European Parliament,

| — | having regard to the draft Council decision (07971/2018), |
| --- | --- |

—

having regard to the draft Council decision (07971/2018),

| — | having regard to the draft Free Trade Agreement between the European Union and the Republic of Singapore (07972/2018), |
| --- | --- |

—

having regard to the draft Free Trade Agreement between the European Union and the Republic of Singapore (07972/2018),

| — | having regard to the request for consent submitted by the Council in accordance with Articles 91, 100(2), 207(4) and Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0446/2018), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Articles 91, 100(2), 207(4) and Article 218(6), second subparagraph, point (a)(v), and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0446/2018),

| — | having regard to the opinion of the Court of Justice of the European Union of 16 May 2017 (1), |
| --- | --- |

—

having regard to the opinion of the Court of Justice of the European Union of 16 May 2017 (1),

| — | having regard to its non-legislative resolution of 13 February 2019 (2) on the draft decision, |
| --- | --- |

—

having regard to its non-legislative resolution of 13 February 2019 (2) on the draft decision,

| — | having regard to Rule 99(1) and (4), and Rule 108(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 99(1) and (4), and Rule 108(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade (A8-0053/2019), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade (A8-0053/2019),

| 1. | Gives its consent to conclusion of the agreement; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Singapore. |
| --- | --- |

2.

---

(1)  Opinion of the Court of Justice of 16 May 2017, 2/15, ECLI:EU:C:2017:376.

(2)  Texts adopted, P8_TA(2019)0089.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/341 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/341

---

P8_TA(2019)0089

EU-Singapore Free Trade Agreement (resolution)

European Parliament non-legislative resolution of 13 February 2019 on the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and the Republic of Singapore (07971/2018 — C8-0446/2018 — 2018/0093M(NLE))

(2020/C 449/44)

The European Parliament,

| — | having regard to the draft Council decision (07971/2018), |
| --- | --- |

—

having regard to the draft Council decision (07971/2018),

| — | having regard to the proposed text for a Free Trade Agreement (FTA) between the European Union and the Republic of Singapore (Singapore), which largely reflects the agreement initialled on 20 September 2013, |
| --- | --- |

—

having regard to the proposed text for a Free Trade Agreement (FTA) between the European Union and the Republic of Singapore (Singapore), which largely reflects the agreement initialled on 20 September 2013,

| — | having regard to the proposal for a Council decision on the conclusion of the Investment Protection Agreement between the European Union and its Member States of the one part, and the Republic of Singapore, of the other part (COM(2018)0194), |
| --- | --- |

—

having regard to the proposal for a Council decision on the conclusion of the Investment Protection Agreement between the European Union and its Member States of the one part, and the Republic of Singapore, of the other part (COM(2018)0194),

| — | having regard to the request for consent submitted by the Council in accordance with Articles 91, 100(2), 207(4), 218(6), second subparagraph, point (a)(v), and 218(7) of the Treaty on the Functioning of the European Union (C8-0446/2018), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Articles 91, 100(2), 207(4), 218(6), second subparagraph, point (a)(v), and 218(7) of the Treaty on the Functioning of the European Union (C8-0446/2018),

| — | having regard to the EU-Singapore Partnership and Cooperation Agreement to be signed on 19 October 2018, |
| --- | --- |

—

having regard to the EU-Singapore Partnership and Cooperation Agreement to be signed on 19 October 2018,

| — | having regard to Opinion 2/15 of the Court of Justice of 16 May 2017 pursuant to Article 218(11) of the TFEU, requested by the Commission on 10 July 2015, |
| --- | --- |

—

having regard to Opinion 2/15 of the Court of Justice of 16 May 2017 pursuant to Article 218(11) of the TFEU, requested by the Commission on 10 July 2015,

| — | having regard to its resolution of 5 July 2016 on a new forward-looking and innovative future strategy for trade and investment (1), |
| --- | --- |

—

having regard to its resolution of 5 July 2016 on a new forward-looking and innovative future strategy for trade and investment (1),

| — | having regard to its resolution of 3 February 2016 containing the European Parliament’s recommendations to the Commission on the negotiations for the Trade in Services Agreement (TiSA) (2), |
| --- | --- |

—

having regard to its resolution of 3 February 2016 containing the European Parliament’s recommendations to the Commission on the negotiations for the Trade in Services Agreement (TiSA) (2),

| — | having regard to the Commission communication of 14 October 2015 entitled ‘Trade for all — Towards a more responsible trade and investment policy’, |
| --- | --- |

—

having regard to the Commission communication of 14 October 2015 entitled ‘Trade for all — Towards a more responsible trade and investment policy’,

| — | having regard to the Council decision of 22 December 2009 to pursue bilateral FTA negotiations with individual member states of the Association of Southeast Asian Nations (ASEAN), starting with Singapore, |
| --- | --- |

—

having regard to the Council decision of 22 December 2009 to pursue bilateral FTA negotiations with individual member states of the Association of Southeast Asian Nations (ASEAN), starting with Singapore,

| — | having regard to the negotiating directives of 23 April 2007 for a region-to-region FTA with ASEAN member states, |
| --- | --- |

—

having regard to the negotiating directives of 23 April 2007 for a region-to-region FTA with ASEAN member states,

| — | having regard to the Treaty on European Union, and in particular Title V thereof on the Union’s external action, |
| --- | --- |

—

having regard to the Treaty on European Union, and in particular Title V thereof on the Union’s external action,

| — | having regard to the TFEU, in particular Articles 91, 100, 168 and 207 in conjunction with Article 218(6)(a)(v), |
| --- | --- |

—

having regard to the TFEU, in particular Articles 91, 100, 168 and 207 in conjunction with Article 218(6)(a)(v),

| — | having regard to its legislative resolution of 13 February 2019 (3) on the draft Council decision, |
| --- | --- |

—

having regard to its legislative resolution of 13 February 2019 (3) on the draft Council decision,

| — | having regard to Rule 99(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 99(2) of its Rules of Procedure,

| — | having regard to the report of the Committee on International Trade (A8-0048/2019), |
| --- | --- |

—

having regard to the report of the Committee on International Trade (A8-0048/2019),

| A. | whereas the EU and Singapore share important values, including democracy, rule of law, respect for human rights, cultural and linguistic diversity and a strong commitment to open and rule-based trade and the multilateral trading system; |
| --- | --- |

A.

whereas the EU and Singapore share important values, including democracy, rule of law, respect for human rights, cultural and linguistic diversity and a strong commitment to open and rule-based trade and the multilateral trading system;

| B. | whereas this is the first bilateral trade agreement concluded between the EU and an ASEAN member state and an important stepping stone towards the final objective of a region-to-region FTA; whereas the agreement will also serve as a benchmark for the agreements the EU is currently negotiating with the other main ASEAN economies; |
| --- | --- |

B.

whereas this is the first bilateral trade agreement concluded between the EU and an ASEAN member state and an important stepping stone towards the final objective of a region-to-region FTA; whereas the agreement will also serve as a benchmark for the agreements the EU is currently negotiating with the other main ASEAN economies;

| C. | whereas within the ASEAN region Singapore is by far the EU’s largest partner, accounting for slightly under one third of EU-ASEAN trade in goods and services, and roughly two thirds of investment between the two regions; |
| --- | --- |

C.

whereas within the ASEAN region Singapore is by far the EU’s largest partner, accounting for slightly under one third of EU-ASEAN trade in goods and services, and roughly two thirds of investment between the two regions;

| D. | whereas EU-Singapore trade is worth more than EUR 50 billion annually; |
| --- | --- |

D.

whereas EU-Singapore trade is worth more than EUR 50 billion annually;

| E. | whereas 90 % of future world economic growth is predicted to be generated outside Europe and notably in Asia; |
| --- | --- |

E.

whereas 90 % of future world economic growth is predicted to be generated outside Europe and notably in Asia;

| F. | whereas Singapore is a party to the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP) and to the ongoing negotiations on the Regional Comprehensive Economic Partnership (RCEP); |
| --- | --- |

F.

whereas Singapore is a party to the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP) and to the ongoing negotiations on the Regional Comprehensive Economic Partnership (RCEP);

| G. | whereas Singapore is a high-income economy with a gross national income of USD 52 600 per capita as of 2017; whereas its economic growth has been among the world’s highest, at an annual average of 7,7 % since independence; |
| --- | --- |

G.

whereas Singapore is a high-income economy with a gross national income of USD 52 600 per capita as of 2017; whereas its economic growth has been among the world’s highest, at an annual average of 7,7 % since independence;

| H. | whereas Singapore ranks among the easiest countries in the world to do business with, is one of the world’s most competitive economies and is one of the least corrupt worldwide; |
| --- | --- |

H.

whereas Singapore ranks among the easiest countries in the world to do business with, is one of the world’s most competitive economies and is one of the least corrupt worldwide;

| I. | whereas the manufacturing — particularly electronics and precision engineering — and services sectors remain the twin pillars of Singapore’s high value-added economy; |
| --- | --- |

I.

whereas the manufacturing — particularly electronics and precision engineering — and services sectors remain the twin pillars of Singapore’s high value-added economy;

| J. | whereas Singapore is a global player in financial and insurance services; |
| --- | --- |

J.

whereas Singapore is a global player in financial and insurance services;

| K. | whereas more than 10 000 European companies have their regional offices in Singapore and operate in an environment of legal security and certainty; whereas around 50 000 European companies export to Singapore, of which 83 % are small and medium-sized enterprises (SMEs); |
| --- | --- |

K.

whereas more than 10 000 European companies have their regional offices in Singapore and operate in an environment of legal security and certainty; whereas around 50 000 European companies export to Singapore, of which 83 % are small and medium-sized enterprises (SMEs);

| L. | whereas the EUSFTA is likely to have a very positive effect on trade and investment flows between the EU and Singapore; whereas a 2018 study prepared for the European Parliament estimated that, over the first five years, trade volumes between the EU and Singapore would grow by 10 %; |
| --- | --- |

L.

whereas the EUSFTA is likely to have a very positive effect on trade and investment flows between the EU and Singapore; whereas a 2018 study prepared for the European Parliament estimated that, over the first five years, trade volumes between the EU and Singapore would grow by 10 %;

| M. | whereas other major economies such as Japan, the USA and China already have FTAs with Singapore in place, thus putting the European Union at a competitive disadvantage; |
| --- | --- |

M.

whereas other major economies such as Japan, the USA and China already have FTAs with Singapore in place, thus putting the European Union at a competitive disadvantage;

| N. | whereas the trade and sustainability impact assessment on the EU-ASEAN FTA of 2009 concluded that this bilateral FTA would be mutually beneficial in terms of national income, GDP and employment; whereas no trade and sustainability impact assessment has been produced specifically for EU-Singapore trade relations and for a more recent period; |
| --- | --- |

N.

whereas the trade and sustainability impact assessment on the EU-ASEAN FTA of 2009 concluded that this bilateral FTA would be mutually beneficial in terms of national income, GDP and employment; whereas no trade and sustainability impact assessment has been produced specifically for EU-Singapore trade relations and for a more recent period;

| O. | whereas the economic impact analysis of the EU-Singapore FTA conducted by the European Commission in 2013 stated that Singapore’s GDP could increase by 0,94 %, or EUR 2,7 billion, and the EU’s GDP by EUR 550 million; |
| --- | --- |

O.

whereas the economic impact analysis of the EU-Singapore FTA conducted by the European Commission in 2013 stated that Singapore’s GDP could increase by 0,94 %, or EUR 2,7 billion, and the EU’s GDP by EUR 550 million;

| 1. | Welcomes the signing in Brussels, on 19 October 2018, of the FTA; |
| --- | --- |

1.

| 2. | Stresses that negotiations were originally concluded in 2012 and were based on the Council negotiating directives for an EU-ASEAN FTA adopted in April 2007; regrets the long delay in bringing forward the agreement for ratification which was due, among other factors, to the Commission’s request for an opinion of the European Court of Justice in order to provide clarity on whether matters covered by the agreement fall within the EU’s exclusive competence or under shared competence; welcomes the legal clarity that has been provided by the European Court of Justice opinion and considers this to have strengthened the European Parliament’s democratically legitimate role and provided clarity regarding the EU’s competences on trade policy; welcomes Singapore’s continued engagement despite this delay and calls for the swift entry into force of the agreement once it has been ratified by Parliament; |
| --- | --- |

2.

| 3. | Considers it vital that the EU remain at the forefront of an open and rules-based trading system, and welcomes the fact that 10 years on from the start of the negotiations the EU-Singapore FTA is now an important element of this; calls, therefore, on the Commission and the Member States to actively reach out to other global partners in the continued pursuit of an ambitious global fair and open trade agenda, drawing lessons from and building on the FTA with Singapore; |
| --- | --- |

3.

| 4. | Stresses the economic and strategic importance of this agreement, as Singapore is a hub for the entire ASEAN region; considers this agreement to be an important step towards, and will set the precedent for, trade and investment agreements with other ASEAN member states, and that it is a stepping stone for a future region-to-region trade deal; highlights also that this agreement will avoid EU exporters being at a competitive disadvantage in respect of businesses from the other CPTPP and RCEP countries; welcomes the fact that the conclusion of this agreement, as part of the EU’s global fair and open trade agenda, will not only bring major benefits to consumers, but also to employees; |
| --- | --- |

4.

| 5. | Notes that Singapore had already removed most of its tariffs on EU products and that this agreement will eliminate the few remaining ones completely as of its entry into force; |
| --- | --- |

5.

| 6. | Welcomes the fact that Singapore will remove certain measures that may constitute barriers to trade, such as double safety tests in cars and car parts and electronics, which will simplify the export of goods by EU businesses to Singapore; |
| --- | --- |

6.

| 7. | Underlines that the agreement will grant EU companies better access to the Singapore services market such as in financial, telecommunications, engineering, architectural, maritime transport and postal services, and that such liberalisation follows a ‘positive list’ approach; |
| --- | --- |

7.

| 8. | Recalls, in relation to the liberalisation of financial services, that the agreement includes a prudential carve-out clause which allows the Parties to adopt or maintain measures for prudential reasons, and notably to protect depositors and investors, and to ensure the integrity and stability of the Parties’ financial systems; |
| --- | --- |

8.

| 9. | Welcomes Singapore’s signing on 21 June 2017 of the Multilateral Competent Authority Agreement (MCAA) for implementing the global standard for the automatic exchange of information for tax purposes and its notification to the OECD on 30 June 2017 of its intention to activate automatic exchanges under that agreement with all the EU Member States for which there was no bilateral agreement for the same purpose in place; notes that Singapore is neither on the ‘blacklist’ nor on the ‘watchlist’ of the EU Code of Conduct Group’s list of non-cooperative tax jurisdictions, although it has been criticised by some NGOs for offering tax incentives to companies; |
| --- | --- |

9.

| 10. | Stresses the improved access under this agreement to Singapore’s public procurement market as compared to under the Government Procurement Agreement (GPA); highlights that social and environmental criteria should also be taken into account when awarding public procurement contracts; highlights that public procurement in both the EU and Singapore must continue to serve the best interests of citizens; |
| --- | --- |

10.

| 11. | Welcomes the fact that Singapore agreed to set up a GI registration system which will protect around 190 EU geographical indications, with the possibility of adding more at a later stage; recalls that in 2016, the EU exported EUR 2,2 billion worth of agri-food products to Singapore, and notes that Singapore is the fifth largest market in Asia for EU food and drink exports, offering significant opportunities to EU farmers and agri-food producers; welcomes, therefore, Singapore’s commitment in this agreement to keep zero duties on agri-food products, and the putting in place of a system for certifying EU meat-producing establishments seeking to export to Singapore; regrets, however, that the agreement does not offer automatic protection for the 196 EU GIs included in the Annex to the Intellectual Property Rights chapter, as all GIs — regardless of origin — will need to be examined and pass through publication (and opposition, if any), according to the registration procedure in Singapore, in order to be protected; underlines that the implementing legislation on GIs, which establishes the Singapore GI registry and the GI registration procedure, will come into force upon the ratification of the agreement by Parliament; calls on the Singapore authorities to start work immediately on the registration procedure and to expeditiously set up the registry and bring it into force upon Parliament’s ratification of the agreement; encourages the Commission to continue to work intensively with the Singaporean authorities in order to ensure that the highest number of EU GIs will be protected in line with the terms of protection laid down in the FTA, without any exceptions or limitations (including annexes or footnotes); |
| --- | --- |

11.

| 12. | Stresses that the agreement recognises the right of Member States at all levels to define and provide public services and does not prevent governments from bringing any privatised service back into the public sector; |
| --- | --- |

12.

| 13. | Underlines that the agreement safeguards the EU’s right to maintain and apply its own standards to all goods and services sold in the EU and therefore that all imports from Singapore must respect EU standards; highlights that EU standards should never be considered as trade barriers and emphasises the importance of promoting these standards at global level; stresses that nothing in the agreement prevents the application of the precautionary principle as set out in the Treaty on the Functioning of the European Union; |
| --- | --- |

13.

| 14. | Highlights the importance of a value-based and responsible trade policy and the need to promote sustainable development; welcomes, therefore, the fact that both Parties committed in the trade and sustainable development (TSD) chapter to ensure a high level of environmental and labour protection and that this can thus be considered as a progressive trade agreement; notes that the agreement also includes a chapter on non-tariff barriers in renewable energy generation; points out that the EU-Singapore agreement could be an instrument to combat climate change and to accelerate and intensify the action and investment needed for a sustainable low carbon future; calls on the EU and Singapore to take all necessary action to implement the Sustainable Development Goals; |
| --- | --- |

14.

| 15. | Recalls that the Parties committed to make sustained efforts towards ratifying and effectively implementing the fundamental ILO conventions; takes note of the information provided so far by the Government of Singapore in relation to its compliance with three outstanding fundamental ILO conventions, namely those on Freedom of Association and Protection of the Right to Organise, on Discrimination and on Forced Labour, and calls on Singapore to further engage with the ILO with a view to progressing towards full alignment with their content and ultimately pursuing their ratification within a reasonable timeframe; |
| --- | --- |

15.

| 16. | Welcomes the commitment to effectively implement multilateral environmental agreements such as the Paris Agreement on climate change and to the sustainable management of forests and fisheries; |
| --- | --- |

16.

| 17. | Stresses that regulatory cooperation is voluntary and should by no means limit the right to regulate; |
| --- | --- |

17.

| 18. | Encourages the Parties to make full use of the provisions on animal welfare cooperation and to establish as soon as possible after the entry into force of the FTA a joint working group to agree on an action plan addressing relevant sectors such as fish welfare in aquaculture; |
| --- | --- |

18.

| 19. | Stresses that the involvement of civil society and social partners in monitoring the implementation of the agreement is crucial and calls for a swift establishment of domestic advisory groups following the entry into force of the agreement and for a balanced representation of civil society therein; calls on the Commission to allocate sufficient financing to enable them to work effectively and to provide support to ensure the constructive participation of civil society; |
| --- | --- |

19.

| 20. | Notes that the EU-Singapore Partnership and Cooperation Agreement (PCA) envisages the possibility for the EU to suspend the FTA in case of fundamental human rights violations by Singapore; |
| --- | --- |

20.

| 21. | Calls on the Commission to make good use of the general review clause of the agreement as soon as possible in order to strengthen the enforceability of labour and environmental provisions, including among the various enforcement methods consideration of a sanctions-based mechanism as a last resort; |
| --- | --- |

21.

| 22. | Instructs its President to forward this resolution to the Council and the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the European External Action Service, the governments and parliaments of the Member States and the government and parliament of the Republic of Singapore. |
| --- | --- |

22.

---

(1)  OJ C 101, 16.3.2018, p. 30.

(2)  OJ C 35, 31.1.2018, p. 21.

(3)  Texts adopted, P8_TA(2019)0088.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/346 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/346

---

P8_TA(2019)0090

EU-Singapore Investment Protection Agreement ***

European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion on behalf of the European Union of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (07979/2018 — C8-0447/2018 — 2018/0095(NLE))

(Consent)

(2020/C 449/45)

The European Parliament,

| — | having regard to the draft Council decision (07979/2018), |
| --- | --- |

—

having regard to the draft Council decision (07979/2018),

| — | having regard to the draft Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (07980/2018), |
| --- | --- |

—

having regard to the draft Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (07980/2018),

| — | having regard to the request for consent submitted by the Council in accordance with Article 207(4) and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C8-0447/2018), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 207(4) and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C8-0447/2018),

| — | having regard to the opinion of the Court of Justice of the European Union of 16 May 2017 (1), |
| --- | --- |

—

having regard to the opinion of the Court of Justice of the European Union of 16 May 2017 (1),

| — | having regard to its non-legislative resolution of 13 February 2019 (2) on the draft decision, |
| --- | --- |

—

having regard to its non-legislative resolution of 13 February 2019 (2) on the draft decision,

| — | having regard to Rule 99(1) and (4), and Rule 108(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 99(1) and (4), and Rule 108(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade (A8-0054/2019), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade (A8-0054/2019),

| 1. | Gives its consent to conclusion of the agreement; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Singapore. |
| --- | --- |

2.

---

(1)  Opinion of the Court of Justice of 16 May 2017, 2/15, ECLI:EU:C: 2017:376.

(2)  Texts adopted, P8_TA(2019)0091.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/347 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/347

---

P8_TA(2019)0091

EU-Singapore Investment Protection Agreement (resolution)

European Parliament non-legislative resolution of 13 February 2019 on the draft Council decision on the conclusion on behalf of the European Union of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (07979/2018 — C8-0447/2018 — 2018/0095M(NLE))

(2020/C 449/46)

The European Parliament,

| — | having regard to the draft Council decision (07979/2018), |
| --- | --- |

—

having regard to the draft Council decision (07979/2018),

| — | having regard to the draft Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (07980/2018), |
| --- | --- |

—

having regard to the draft Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (07980/2018),

| — | having regard to the request for consent submitted by the Council in accordance with Articles 207(4) and 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (TFEU) (C8-0447/2018), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Articles 207(4) and 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (TFEU) (C8-0447/2018),

| — | having regard to the negotiating directives of 23 April 2007 for a free trade agreement (FTA) with Member States of the Association of Southeast Asian Nations (ASEAN), |
| --- | --- |

—

having regard to the negotiating directives of 23 April 2007 for a free trade agreement (FTA) with Member States of the Association of Southeast Asian Nations (ASEAN),

| — | having regard to the Council decision of 22 December 2009 to pursue bilateral FTA negotiations with individual ASEAN Member States, starting with Singapore, |
| --- | --- |

—

having regard to the Council decision of 22 December 2009 to pursue bilateral FTA negotiations with individual ASEAN Member States, starting with Singapore,

| — | having regard to its resolution of 6 April 2011 on the future European international investment policy (1), |
| --- | --- |

—

having regard to its resolution of 6 April 2011 on the future European international investment policy (1),

| — | having regard to the modifications of 12 September 2011 of the initial negotiating directives in order to authorise the Commission to negotiate on investment, |
| --- | --- |

—

having regard to the modifications of 12 September 2011 of the initial negotiating directives in order to authorise the Commission to negotiate on investment,

| — | having regard to Regulation (EU) No 1219/2012 of the European Parliament and of the Council of 12 December 2012 establishing transitional arrangements for bilateral investment agreements between Member States and third countries (2), |
| --- | --- |

—

having regard to Regulation (EU) No 1219/2012 of the European Parliament and of the Council of 12 December 2012 establishing transitional arrangements for bilateral investment agreements between Member States and third countries (2),

| — | having regard to its resolution of 5 July 2016 on a new forward-looking and innovative future strategy for trade and investment (3), |
| --- | --- |

—

having regard to its resolution of 5 July 2016 on a new forward-looking and innovative future strategy for trade and investment (3),

| — | having regard to the Commission communication of 14 October 2015 entitled ‘Trade for all — Towards a more responsible trade and investment policy’ (COM(2015)0497), |
| --- | --- |

—

having regard to the Commission communication of 14 October 2015 entitled ‘Trade for all — Towards a more responsible trade and investment policy’ (COM(2015)0497),

| — | having regard to the opinion of the Court of Justice of 16 May 2017 in procedure 2/15 (4), requested by the Commission on 10 July 2015, pursuant to Article 218(11) TFEU, |
| --- | --- |

—

having regard to the opinion of the Court of Justice of 16 May 2017 in procedure 2/15 (4), requested by the Commission on 10 July 2015, pursuant to Article 218(11) TFEU,

| — | having regard to its resolution of 4 October 2018 on the EU’s input to a UN Binding Instrument on transnational corporations and other business enterprises with transnational characteristics with respect to human rights (5), |
| --- | --- |

—

having regard to its resolution of 4 October 2018 on the EU’s input to a UN Binding Instrument on transnational corporations and other business enterprises with transnational characteristics with respect to human rights (5),

| — | having regard to the Rules on Transparency in Treaty-based Investor-State Arbitration of the UN Commission on International Trade Law (UNCITRAL), |
| --- | --- |

—

having regard to the Rules on Transparency in Treaty-based Investor-State Arbitration of the UN Commission on International Trade Law (UNCITRAL),

| — | having regard to the Treaty on European Union, and in particular Title V thereof on the Union’s external action, |
| --- | --- |

—

having regard to the Treaty on European Union, and in particular Title V thereof on the Union’s external action,

| — | having regard to TFEU, in particular Part Five, Titles I, II and V thereof, specifically Article 207, in conjunction with Article 218(6)(a)(v), |
| --- | --- |

—

having regard to TFEU, in particular Part Five, Titles I, II and V thereof, specifically Article 207, in conjunction with Article 218(6)(a)(v),

| — | having regard to its legislative resolution of 13 February 2019 (6) on the draft decision, |
| --- | --- |

—

having regard to its legislative resolution of 13 February 2019 (6) on the draft decision,

| — | having regard to Rule 99(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 99(2) of its Rules of Procedure,

| — | having regard to the report of the Committee on International Trade (A8-0049/2019), |
| --- | --- |

—

having regard to the report of the Committee on International Trade (A8-0049/2019),

| A. | whereas the EU and Singapore share the same fundamental values, including democracy, the rule of law, respect for human rights, cultural and linguistic diversity and a strong commitment to rules-based trade within the multilateral trading system; |
| --- | --- |

A.

whereas the EU and Singapore share the same fundamental values, including democracy, the rule of law, respect for human rights, cultural and linguistic diversity and a strong commitment to rules-based trade within the multilateral trading system;

| B. | whereas the EU is the leading recipient and source of foreign direct investment worldwide; |
| --- | --- |

B.

whereas the EU is the leading recipient and source of foreign direct investment worldwide;

| C. | whereas Singapore is the eighth largest destination for EU foreign direct investment and the first in the ASEAN region; |
| --- | --- |

C.

whereas Singapore is the eighth largest destination for EU foreign direct investment and the first in the ASEAN region;

| D. | whereas Singapore is by far the EU’s largest partner in Southeast Asia, accounting for just under one third of EU-ASEAN trade in goods and services, and roughly two thirds of all investments between the two regions; whereas more than 10 000 European companies have their regional offices in Singapore and operate as normal, in a context of legal security and certainty; |
| --- | --- |

D.

whereas Singapore is by far the EU’s largest partner in Southeast Asia, accounting for just under one third of EU-ASEAN trade in goods and services, and roughly two thirds of all investments between the two regions; whereas more than 10 000 European companies have their regional offices in Singapore and operate as normal, in a context of legal security and certainty;

| E. | whereas Singapore is the number one location for European investment in Asia, with bilateral investment stocks reaching EUR 256 billion in 2016; |
| --- | --- |

E.

whereas Singapore is the number one location for European investment in Asia, with bilateral investment stocks reaching EUR 256 billion in 2016;

| F. | whereas there are currently more than 3 000 international investment treaties in force and EU Member States are party to some 1 400; |
| --- | --- |

F.

whereas there are currently more than 3 000 international investment treaties in force and EU Member States are party to some 1 400;

| G. | whereas this is the first ‘investment protection only’ agreement concluded between the EU and a third country following discussions among the institutions on the new architecture of EU FTAs on the basis of ECJ opinion 2/15 of 16 May 2017; |
| --- | --- |

G.

whereas this is the first ‘investment protection only’ agreement concluded between the EU and a third country following discussions among the institutions on the new architecture of EU FTAs on the basis of ECJ opinion 2/15 of 16 May 2017;

| H. | whereas in the light of the EU’s new approach to investment protection and its enforcement mechanism, the investment court system (ICS), in 2017 Singapore agreed to review the investment protection provisions negotiated in 2014, thereby re-opening a closed agreement; |
| --- | --- |

H.

whereas in the light of the EU’s new approach to investment protection and its enforcement mechanism, the investment court system (ICS), in 2017 Singapore agreed to review the investment protection provisions negotiated in 2014, thereby re-opening a closed agreement;

| I. | whereas the agreement builds on the investment protection provisions included in the EU-Canada Comprehensive Economic and Trade Agreement (CETA), which was ratified by Parliament on 15 February 2017; |
| --- | --- |

I.

whereas the agreement builds on the investment protection provisions included in the EU-Canada Comprehensive Economic and Trade Agreement (CETA), which was ratified by Parliament on 15 February 2017;

| J. | whereas on 6 September 2017, Belgium requested an ECJ opinion on the compatibility of CETA’s ICS provisions with the EU treaties; |
| --- | --- |

J.

whereas on 6 September 2017, Belgium requested an ECJ opinion on the compatibility of CETA’s ICS provisions with the EU treaties;

| K. | whereas developed economies with properly functioning judiciaries render the need for investor-state dispute settlement mechanisms less important, although these mechanisms may ensure a quicker resolution of disputes; whereas, nonetheless, the establishment of an independent multilateral investment court would enhance trust in the system and legal certainty; |
| --- | --- |

K.

whereas developed economies with properly functioning judiciaries render the need for investor-state dispute settlement mechanisms less important, although these mechanisms may ensure a quicker resolution of disputes; whereas, nonetheless, the establishment of an independent multilateral investment court would enhance trust in the system and legal certainty;

| L. | whereas the agreement will replace the existing bilateral investment treaties between 13 EU Member States and Singapore, which do not include the EU’s new approach to investment protection and its enforcement mechanism (ICS); |
| --- | --- |

L.

whereas the agreement will replace the existing bilateral investment treaties between 13 EU Member States and Singapore, which do not include the EU’s new approach to investment protection and its enforcement mechanism (ICS);

| M. | whereas the Parties committed to pursuing a multilateral investment court, an initiative strongly supported by Parliament; |
| --- | --- |

M.

whereas the Parties committed to pursuing a multilateral investment court, an initiative strongly supported by Parliament;

| N. | whereas on 20 March 2018, the Council adopted the negotiating directives authorising the Commission to negotiate, on behalf of the EU, a convention establishing a multilateral investment court; whereas these negotiating directives have been made public; |
| --- | --- |

N.

whereas on 20 March 2018, the Council adopted the negotiating directives authorising the Commission to negotiate, on behalf of the EU, a convention establishing a multilateral investment court; whereas these negotiating directives have been made public;

| O. | whereas the EU has concluded a similar investment protection agreement with Vietnam, which was adopted by the Commission on 17 October 2018; |
| --- | --- |

O.

whereas the EU has concluded a similar investment protection agreement with Vietnam, which was adopted by the Commission on 17 October 2018;

| 1. | Welcomes the EU’s new approach to investment protection and its enforcement mechanism (ICS), which replace both the controversial investor-to-state dispute settlement (ISDS), addressing some of its flaws in the process, and the individual approaches followed by the EU Member States in existing bilateral investment treaties (BITs); |
| --- | --- |

1.

| 2. | Considers it essential that the agreement will ensure a high level of investment protection, transparency and accountability, while safeguarding the right to regulate at all governmental levels and pursue legitimate public policy objectives for both Parties, such as public health and environmental protection; stresses that if one Party should regulate in a manner that negatively affects an investment or interferes with an investor’s profit expectations, it would not amount in itself to a breach of investment protection standards and hence not require any compensation; highlights that the agreement must not in any way restrict the autonomy of social partners and trade union rights; |
| --- | --- |

2.

| 3. | Stresses that the agreement guarantees that EU investors in Singapore will not be discriminated vis-à-vis Singaporean investors and properly protects them from illegitimate expropriation; |
| --- | --- |

3.

| 4. | Recalls that the ICS envisages the establishment of a Permanent Investment Tribunal of First Instance and an Appellate Tribunal, whose members will have to possess comparable qualifications to those held by judges of the International Court of Justice, including expertise in public international law and not just commercial law, and will have to satisfy strict rules of independence, integrity and ethical behaviour through a binding code of conduct designed to prevent conflicts of interests; |
| --- | --- |

4.

| 5. | Welcomes the fact that transparency rules will apply to proceedings before tribunals, case documents will be publicly available and hearings will be held in public; believes that greater transparency will help to instil public trust in the system; welcomes, moreover, the clarity regarding the grounds on which an investor can submit a claim, which ensures additional transparency and fairness of the process; |
| --- | --- |

5.

| 6. | Stresses that third parties, such as labour and environmental organisations, have no legal standing before the tribunals and therefore cannot participate as affected parties to enforce investors’ obligations but can contribute to ICS proceedings through amicus curiae briefs; underlines the fact that the investment court still constitutes a separate system for foreign investors only; |
| --- | --- |

6.

| 7. | Emphasises that forum shopping must not be possible and that multiple and parallel proceedings must be avoided; |
| --- | --- |

7.

| 8. | Recalls that the agreement significantly builds on the investment protection provisions in CETA, as it incorporates provisions on obligations for former judges, a code of conduct to prevent conflicts of interests and a fully functioning Appellate Tribunal at the time of its conclusion; |
| --- | --- |

8.

| 9. | Welcomes Singapore’s commitment to the establishment of the multilateral investment court, a public and independent international court which will be empowered to hear disputes on investments between investors and states that have accepted its jurisdiction over their bilateral investment treaties, and whose ultimate goal must be to reform and replace the current unbalanced, costly and fragmented investment protection regime; considers the agreement a crucial stepping stone towards that end; encourages the Commission to continue its efforts in reaching out to third countries to establish the multilateral investment court as soon as possible; |
| --- | --- |

9.

| 10. | Welcomes the Council’s decision to make public the negotiating directive of 20 March 2018 on the multilateral investment court, and calls on the Council to make public the negotiating directives for all previous and future trade and investment agreements immediately after they are adopted, in order to increase transparency and public scrutiny; |
| --- | --- |

10.

| 11. | Highlights the fact that the agreement will replace the existing BITs between 13 EU Member States and Singapore and thus provide greater coherence than the BITs, which are based on outdated investment protection provisions and include ISDS; stresses that the agreement will also create new rights for investors’ claims in the remaining 15 Member States; emphasises that functional national courts are the primary option to resolve investor disputes, but considers the agreement an important step towards the reform of global rules on investment protection and dispute settlement; |
| --- | --- |

11.

| 12. | Regrets the lack of provisions on investor responsibilities and highlights, in this context, the importance of corporate social responsibility; calls on the Commission to consider legislation similar to that on conflict minerals and timber, such as for the garment industry; recalls the importance of the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights; |
| --- | --- |

12.

| 13. | Notes the lack of a global approach to corporations’ compliance with human rights law and of available remedy mechanisms; notes the work initiated in the UN by the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights on the establishment of a binding UN instrument; encourages the Commission and the EU Member States to constructively engage in this initiative; |
| --- | --- |

13.

| 14. | Encourages the Commission to continue its work on making the ICS more accessible, particularly for SMEs and smaller companies; |
| --- | --- |

14.

| 15. | Calls on the Commission and Singapore to agree stronger sanctions in the event that a member of the tribunals does not comply with the code of conduct, and to ensure that they are in place as soon as this agreement enters into force; |
| --- | --- |

15.

| 16. | Considers that the approval of this agreement will give the EU more leverage to negotiate similar agreements with the other ASEAN countries with a view to establishing similar rules on investment protection throughout the region; |
| --- | --- |

16.

| 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 European External Action Service, the governments and parliaments of the Member States and the government and parliament of the Republic of Singapore. |
| --- | --- |

17.

---

(1)  OJ C 296 E, 2.10.2012, p. 34.

(2)  OJ L 351, 20.12.2012, p. 40.

(3)  OJ C 101, 16.3.2018, p. 30.

(4)  Opinion of the Court of Justice of 16 May 2017, 2/15, ECLI:EU:C: 2017:376.

(5)  Texts adopted, P8_TA(2018)0382.

(6)  Texts adopted, P8_TA(2019)0090.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/351 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/351

---

P8_TA(2019)0092

EU-Singapore Partnership and Cooperation Agreement ***

European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (15375/2018 — C8-0026/2019 — 2018/0403(NLE))

(Consent)

(2020/C 449/47)

The European Parliament,

| — | having regard to the draft Council decision (15375/2018), |
| --- | --- |

—

having regard to the draft Council decision (15375/2018),

| — | having regard to the draft Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (08224/2014), |
| --- | --- |

—

having regard to the draft Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (08224/2014),

| — | having regard to the request for consent submitted by the Council in accordance with Article 212 and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C8-0026/2019), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 212 and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C8-0026/2019),

| — | having regard to its non-legislative resolution of 13 February 2019 (1) on the draft decision, |
| --- | --- |

—

having regard to its non-legislative resolution of 13 February 2019 (1) on the draft decision,

| — | having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Foreign Affairs (A8-0020/2019), |
| --- | --- |

—

having regard to the recommendation of the Committee on Foreign Affairs (A8-0020/2019),

| 1. | Gives its consent to conclusion of the agreement; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Singapore. |
| --- | --- |

2.

---

(1)  Texts adopted, P8_TA(2019)0093.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/352 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/352

---

P8_TA(2019)0093

EU-Singapore Partnership and Cooperation Agreement (resolution)

European Parliament non-legislative resolution of 13 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (15375/2018 — C8-0026/2019 — 2018/0403M(NLE))

(2020/C 449/48)

The European Parliament,

| — | having regard to the draft Council decision (15375/2018), |
| --- | --- |

—

having regard to the draft Council decision (15375/2018),

| — | having regard to the draft Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and Singapore, of the other part (08224/2014), |
| --- | --- |

—

having regard to the draft Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and Singapore, of the other part (08224/2014),

| — | having regard to the request for consent submitted by the Council in accordance with Article 212, in conjunction with Article 218(6)(a) of the Treaty of the Functioning of the European Union (C8-0026/2019), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 212, in conjunction with Article 218(6)(a) of the Treaty of the Functioning of the European Union (C8-0026/2019),

| — | having regard to the EU-Singapore Partnership and Cooperation Agreement (PCA), signed in Brussels on 19 October 2018, |
| --- | --- |

—

having regard to the EU-Singapore Partnership and Cooperation Agreement (PCA), signed in Brussels on 19 October 2018,

| — | having regard to the EU-Singapore Free Trade Agreement (FTA) and Investment Protection Agreement (IPA), signed in Brussels on 19 October 2018, |
| --- | --- |

—

having regard to the EU-Singapore Free Trade Agreement (FTA) and Investment Protection Agreement (IPA), signed in Brussels on 19 October 2018,

| — | having regard to the ASEAN-EEC Cooperation Agreement signed in March 1980, which constitutes the legal framework for EU-ASEAN relations (1), |
| --- | --- |

—

having regard to the ASEAN-EEC Cooperation Agreement signed in March 1980, which constitutes the legal framework for EU-ASEAN relations (1),

| — | having regard to the 12th Asia-Europe Meeting (ASEM) Summit, held in Brussels on 18 and 19 October 2018, |
| --- | --- |

—

having regard to the 12th Asia-Europe Meeting (ASEM) Summit, held in Brussels on 18 and 19 October 2018,

| — | having regard to the 10th EU-Singapore inter-parliamentary meeting, held in Singapore on 23 May 2017, |
| --- | --- |

—

having regard to the 10th EU-Singapore inter-parliamentary meeting, held in Singapore on 23 May 2017,

| — | having regard to the Global Strategy for the European Union’s Foreign and Security Policy, published by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) in June 2016, |
| --- | --- |

—

having regard to the Global Strategy for the European Union’s Foreign and Security Policy, published by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) in June 2016,

| — | having regard to the Guidelines on the EU’s Foreign and Security Policy in East Asia, approved by the Council on 15 June 2012, |
| --- | --- |

—

having regard to the Guidelines on the EU’s Foreign and Security Policy in East Asia, approved by the Council on 15 June 2012,

| — | having regard to the Council Conclusions of 28 May 2018 on enhanced EU security cooperation in and with Asia, |
| --- | --- |

—

having regard to the Council Conclusions of 28 May 2018 on enhanced EU security cooperation in and with Asia,

| — | having regard to the EU Strategy on Connecting Europe and Asia, which is based on the concept of sustainable connectivity, |
| --- | --- |

—

having regard to the EU Strategy on Connecting Europe and Asia, which is based on the concept of sustainable connectivity,

| — | having regard to its recent resolutions on ASEAN, in particular those of 3 October 2017 on EU political relations with ASEAN (2) and of 15 January 2014 on the future of EU-ASEAN relations (3), |
| --- | --- |

—

having regard to its recent resolutions on ASEAN, in particular those of 3 October 2017 on EU political relations with ASEAN (2) and of 15 January 2014 on the future of EU-ASEAN relations (3),

| — | having regard to its legislative resolution of 13 February 2019 (4) on the draft decision, |
| --- | --- |

—

having regard to its legislative resolution of 13 February 2019 (4) on the draft decision,

| — | having regard to Rule 99(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 99(2) of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs (A8-0023/2019), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A8-0023/2019),

| A. | whereas EU-Singapore relations go back several decades, and are built on a long history of friendship and close historical, political and economic ties; whereas the bilateral partnership is founded on shared values and a commitment to a peaceful and prosperous world; |
| --- | --- |

A.

whereas EU-Singapore relations go back several decades, and are built on a long history of friendship and close historical, political and economic ties; whereas the bilateral partnership is founded on shared values and a commitment to a peaceful and prosperous world;

| B. | whereas both parties to the EU-Singapore Partnership and Cooperation Agreement (PCA) reaffirm their respect for democratic principles, the rule of law, human rights and fundamental freedoms, as laid down in the Universal Declaration of Human Rights and other applicable international human rights instruments; |
| --- | --- |

B.

whereas both parties to the EU-Singapore Partnership and Cooperation Agreement (PCA) reaffirm their respect for democratic principles, the rule of law, human rights and fundamental freedoms, as laid down in the Universal Declaration of Human Rights and other applicable international human rights instruments;

| C. | whereas Singapore is a founding member of the Association of South East Asian Nations (ASEAN), which celebrated its 40th anniversary in 2017; |
| --- | --- |

C.

whereas Singapore is a founding member of the Association of South East Asian Nations (ASEAN), which celebrated its 40th anniversary in 2017;

| D. | whereas during its 2018 Chairmanship of ASEAN, which bore the tagline ‘Resilient and Innovative’, Singapore hosted two ASEAN Summits and promoted ASEAN unity, security and economic cooperation, launching initiatives such as the ASEAN Youth Fellowship; |
| --- | --- |

D.

whereas during its 2018 Chairmanship of ASEAN, which bore the tagline ‘Resilient and Innovative’, Singapore hosted two ASEAN Summits and promoted ASEAN unity, security and economic cooperation, launching initiatives such as the ASEAN Youth Fellowship;

| E. | whereas Singapore is a close ally of the United States, with which it concluded an FTA in 2003, and which it considers indispensable for security, stability and balance in the Asia-Pacific region; |
| --- | --- |

E.

whereas Singapore is a close ally of the United States, with which it concluded an FTA in 2003, and which it considers indispensable for security, stability and balance in the Asia-Pacific region;

| F. | whereas Singapore ranked 9th on the UN Development Programme’s Human Development Index in 2017; |
| --- | --- |

F.

whereas Singapore ranked 9th on the UN Development Programme’s Human Development Index in 2017;

| G. | whereas Singapore ranked 6th on Transparency International’s Corruption Perceptions Index 2017, making it one of the least corrupt countries in the world; |
| --- | --- |

G.

whereas Singapore ranked 6th on Transparency International’s Corruption Perceptions Index 2017, making it one of the least corrupt countries in the world;

| H. | whereas the first EU-ASEAN Young Leaders Forum took place in February 2018; |
| --- | --- |

H.

whereas the first EU-ASEAN Young Leaders Forum took place in February 2018;

| I. | whereas Singapore experienced record air pollution levels as a result of the forest fires in neighbour countries, largely due to intentional burning to clear land for cultivation of palm oil and timber plantations; |
| --- | --- |

I.

whereas Singapore experienced record air pollution levels as a result of the forest fires in neighbour countries, largely due to intentional burning to clear land for cultivation of palm oil and timber plantations;

| J. | whereas Singapore’s Constitution guarantees the rights to freedom of expression, peaceful assembly and association, which are however severely restricted on the grounds of security, protection of public order, morality, parliamentary privilege, and racial and religious harmony; whereas Singapore ranked 151st out of 180 on the 2018 World Press Freedom Index; whereas Singapore’s laws on contempt, sedition, and libel are used to restrict critical voices among activists, bloggers and the media; |
| --- | --- |

J.

whereas Singapore’s Constitution guarantees the rights to freedom of expression, peaceful assembly and association, which are however severely restricted on the grounds of security, protection of public order, morality, parliamentary privilege, and racial and religious harmony; whereas Singapore ranked 151st out of 180 on the 2018 World Press Freedom Index; whereas Singapore’s laws on contempt, sedition, and libel are used to restrict critical voices among activists, bloggers and the media;

| K. | whereas Singapore still applies the death penalty; whereas after a brief period of no executions, the number of executions has been on a rise since 2014; |
| --- | --- |

K.

whereas Singapore still applies the death penalty; whereas after a brief period of no executions, the number of executions has been on a rise since 2014;

| L. | whereas the rights of the Singapore’s LGBTI community are severely restricted; whereas a consensual sexual relationship between two men is illegal and carries a punishment of up to two years in prison; whereas same-sex relationships are not recognised under law in Singapore; |
| --- | --- |

L.

whereas the rights of the Singapore’s LGBTI community are severely restricted; whereas a consensual sexual relationship between two men is illegal and carries a punishment of up to two years in prison; whereas same-sex relationships are not recognised under law in Singapore;

| M. | whereas Singapore has yet to ratify two core ILO conventions, notably the Convention on Freedom of Association and Protection of the Right to Organise and the Convention on Discrimination; |
| --- | --- |

M.

whereas Singapore has yet to ratify two core ILO conventions, notably the Convention on Freedom of Association and Protection of the Right to Organise and the Convention on Discrimination;

EU-Singapore Partnership and Cooperation Agreement

| 1. | Welcomes the conclusion of the PCA, which is of strategic importance and will provide a legal framework for the long-standing bilateral relations and commitment to strengthening and widening cooperation in regional and international forums, and in areas such as environmental protection, international stability, justice, security and development; |
| --- | --- |

1.

| 2. | Highlights the opportunities provided by the PCA for new areas of cooperation, such as human rights, justice, freedom and security and non-proliferation of nuclear weapons, and for scientific and technological cooperation in fields such as energy, the environment, the fight against climate change, protection of natural resources, and transport, in particular maritime and air transport; |
| --- | --- |

2.

| 3. | Welcomes cooperation on people-to-people links, the information society, the audio-visual and media fields, education and cultural exchanges, employment and social affairs, health and statistics that will help to evaluate the progress of the agreement; |
| --- | --- |

3.

| 4. | Considers that the PCA, the framework agreement, is politically closely associated with and complements the FTA and the IPA; recalls that Article 44 of the PCA allows for the non-execution of the agreements in cases of systematic and serious violation of essential elements, including democratic principles, the rule of law and human rights; |
| --- | --- |

4.

| 5. | Welcomes Singapore’s signing on 21 June 2017 of the Multilateral Competent Authority Agreement (MCAA) for implementing the global standard for the automatic exchange of information for tax purposes and its notification to the OECD on 30 June 2017 of its intention to activate automatic exchanges under that agreement with all the EU Member States for which there was no bilateral agreement for the same purpose in place; encourages the Parties to make full use of the tax cooperation provisions in the PCA; |
| --- | --- |

5.

Human rights and fundamental freedoms

| 6. | Reaffirms the needed commitment and engagement with regard to respect for human rights, including social rights, democracy, fundamental freedoms, good governance and the rule of law, and to working together in this regard; recalls that human rights are at the centre of the EU’s relations with third countries; calls on the Singaporean authorities to ensure, in all circumstances, respect for international law, democracy, human rights and fundamental freedoms, in accordance with the UN Charter and Universal Declaration on Human Rights and considers that the EU should continue providing support to Singapore for social inclusion, respect for human rights and the rule of law, and the promotion of peace, security and judicial reform; welcomes the open public debate on the revision of the unenforced law on the punishment of consensual same-sex relations and calls on the Government of Singapore to fully protect the rights of the LGBTI community; insists that the Government of Singapore abolish the laws penalising sexual relationships between people of the same gender; stresses the need for further cooperation on women’s rights and urges the Government of Singapore to facilitate the adoption of legislation prohibiting all forms of discrimination against women and based on sexual orientation; |
| --- | --- |

6.

| 7. | Calls for the EU to enter into a dialogue with the Government of Singapore with the aim of introducing an immediate moratorium on capital punishment as a step towards the abolition of the death penalty; |
| --- | --- |

7.

| 8. | Calls on the Government of Singapore to protect freedom of expression and assembly, as these are core elements of a well-functioning democracy; |
| --- | --- |

8.

| 9. | Calls on the EU to engage in a dialogue with the Singaporean authorities with a view to facilitating the ratification by the country of the human rights instruments and core ILO conventions; acknowledges that Singapore has not yet ratified the conventions on Freedom of Association and Protection of the Right to Organise and on Discrimination, and that it denounced the Convention on Forced Labour; expects Singapore to further engage with the ILO with a view to progressing towards full alignment with the content of and ultimately pursuing the ratification of these conventions; |
| --- | --- |

9.

EU-Singapore relations

| 10. | Stresses that the conclusion of the PCA provides a strong impetus for greater engagement between the EU, Singapore and the Southeast Asia region in general; |
| --- | --- |

10.

| 11. | Highlights the political value of strong trade and investment relations between Singapore and the EU; |
| --- | --- |

11.

| 12. | Underlines the EU's particular experience in institution-building, the single market, regulatory convergence, crisis management, humanitarian assistance and disaster relief, and human rights and democracy; stresses that the EU should intensify policy dialogues and cooperation on issues such as fundamental rights and on matters of common concern, including the rule of law and security and protection of freedom of expression; |
| --- | --- |

12.

| 13. | Welcomes the fact that the PCA supports people-to-people exchanges, such as academic mobility under the Erasmus Mundus Programme, and facilitates the further development of cultural exchanges in order to increase mutual understanding and knowledge of respective cultures; |
| --- | --- |

13.

| 14. | Underlines the role of the Singapore-based Asia-Europe Foundation (ASEF) as the main instrument for cultural exchanges between Asia and Europe; welcomes its role in including civil society concerns as a vital component of the deliberations at the ASEM; |
| --- | --- |

14.

| 15. | Highlights that the European Union Centre in Singapore, which was established in 2009 in partnership with the National University of Singapore and Nanyang Technological University, promotes knowledge and understanding of the EU and its policies and is part of the global network of EU Centres of Excellence; |
| --- | --- |

15.

| 16. | Encourages Singaporean researchers to carry out joint research and innovation projects with EU entities under EU research initiatives such as the Horizon 2020 programme, and to address common global challenges relating to climate change, the environment, biotechnology, health, aging populations, energy, natural resources and food security; |
| --- | --- |

16.

Regional and international cooperation

| 17. | Considers that Singapore is a key partner in responding to humanitarian disasters in Southeast Asia, as well as an important player for the political stability of the whole region; |
| --- | --- |

17.

| 18. | Is concerned that climate change will have a major impact on Singapore and the ASEAN region; welcomes Singapore’s positive contribution towards the Milennium Development Goals and the Sustainable Development Goals; welcomes Singapore’s ratification of the Paris Agreement on 21 September 2016 and expects it to meet the planned emissions reduction targets by 2030; aims to work together with Singapore and ASEAN to speed up the implementation of the Paris Climate Agreement; highlights the need to provide assistance to Singapore and the rest of the ASEAN countries in order to enhance the protection and sustainable use of biodiversity, in particular coral reefs, and the systematic rehabilitation of forest ecosystems; welcomes the role of Singapore on the regional issue of reducing deforestation; urges further EU-Singapore cooperation to effectively curb forest fires and to adopt more environmentally friendly technologies for transport and buildings; |
| --- | --- |

18.

| 19. | Believes that there is scope, interest in and a need for the EU and ASEAN to work together to develop a joint circular economy strategy; |
| --- | --- |

19.

| 20. | Welcomes the creation of an EU-ASEAN Young Leaders Forum, which will allow young leaders from the EU and ASEAN countries to exchange ideas and build relationships in order to support EU-ASEAN relations; |
| --- | --- |

20.

| 21. | Stresses that the PCA will provide an opportunity for the EU to reinforce its contribution to the implementation of shared objectives in the Indo-Pacific area; calls for strengthened joint efforts for a free and open Indo-Pacific region; |
| --- | --- |

21.

| 22. | Calls for cooperation with Singapore in the pursuit of common interests relating to the implementation of ASEAN’s and the EU’s connectivity policies; stresses the need for collaboration regarding the Belt and Road Initiative in order to work towards the implementation of the connectivity targets and criteria that were agreed during the recent EU-China Summit; reiterates the need to promote multilateral governance; |
| --- | --- |

22.

| 23. | Stresses that Singapore has advocated regional multilateralism in Southeast Asia; takes note of Singapore’s role in the EU-ASEAN inter-regional diplomatic, economic and institutional dialogues and underlines Singapore’s support for regional integration in Southeast Asia; |
| --- | --- |

23.

| 24. | Notes that Singapore is strategically located; takes note of Singapore’s contribution to regional and global security; welcomes the annual Asia Security Summit, otherwise known as the Shangri-La Dialogue, which has been held at the Shangri-La Hotel in Singapore since 2002; |
| --- | --- |

24.

| 25. | Expresses its deep concern at the growing tensions in the South China Sea; calls on ASEAN to speed up consultations on a Code of Conduct for the peaceful resolution of disputes and controversies in this area and for the EU to support this process; insists that the issue should be solved according to international law under the United Nations Convention on the Law Of the Sea (UNCLOS); is pleased that Singapore, a non-claimant country, has urged the parties to manage differences peacefully and in accordance with international law, including UNCLOS; |
| --- | --- |

25.

| 26. | Calls, alongside Singapore, for freedom of navigation and overflight in the area and stresses that the EU has a strong interest in promoting stability in Southeast Asia; highlights the key role of the ASEAN Regional Forum and the East Asia Summit in promoting security dialogues between the region and the extra-regional powers of China and the United States;






  27. | Welcomes the ASEAN Cyber Capacity Programme launched on the initiative of Singapore, which aims to assist ASEAN nations in identifying and responding to cyber threats; understands that ASEAN has no mutual norms for cyber protection, which could impede cyber security cooperation in the region; calls for the EU to share its experiences of dealing with cyber and hybrid threats and to support ASEAN capacity building in this area; |
| --- | --- | --- |

26.

27.

| 28. | Commends Singapore on its deployment of troops and materiel to support the multinational coalition in Iraq from 2003 to 2008 and its subsequent contribution to the anti-ISIS operations in Iraq and Syria; |
| --- | --- |

28.

| 29. | Recognises Singapore’s readiness to host and role in hosting summit meetings to promote peace and confidence building in Asia and beyond; |
| --- | --- |

29.

Institutional framework under the PCA

| 30. | Welcomes the establishment under the PCA of a Joint Committee composed of representatives of both sides at an appropriately high level, to ensure the proper functioning and implementation of the agreement, set priorities and make recommendations to promote the agreement’s objectives; |
| --- | --- |

30.

| 31. | Calls for regular exchanges between the European External Action Service (EEAS) and Parliament, to allow Parliament to follow up on the implementation of the PCA and the achievement of its objectives; |
| --- | --- |

31.

o

o
  o

| 32. | Instructs its President to forward this resolution to the Council, the Commission, the European External Action Service, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, and the Government and Parliament of Singapore. |
| --- | --- |

32.

---

(1)  OJ L 144, 10.6.1980, p. 2.

(2)  OJ C 346, 27.9.2018, p. 44.

(3)  OJ C 482, 23.12.2016, p. 75.

(4)  Texts adopted, P8_TA(2019)0092.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/357 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/357

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P8_TA(2019)0094

Treaty establishing the Transport Community ***

European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion, on behalf of the European Union, of the Treaty establishing the Transport Community (13111/2018 — C8-0473/2018 — 2018/0282(NLE))

(Consent)

(2020/C 449/49)

The European Parliament,

| — | having regard to the draft Council decision (13111/2018), |
| --- | --- |

—

having regard to the draft Council decision (13111/2018),

| — | having regard to the Treaty establishing the Transport Community (1), |
| --- | --- |

—

having regard to the Treaty establishing the Transport Community (1),

| — | having regard to the request for consent submitted by the Council in accordance with Articles 91 and 100(2) in conjunction with Article 218(6), second subparagraph, point (a) and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0473/2018), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Articles 91 and 100(2) in conjunction with Article 218(6), second subparagraph, point (a) and Article 218(7) of the Treaty on the Functioning of the European Union (C8-0473/2018),

| — | having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Transport and Tourism (A8-0022/2019), |
| --- | --- |

—

having regard to the recommendation of the Committee on Transport and Tourism (A8-0022/2019),

| 1. | Gives its consent to conclusion of the treaty; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Kosovo (2), Montenegro, and the Republic of Serbia. |
| --- | --- |

2.

---

(1)  OJ L 278, 27.10.2017, p. 3.

(2)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of independence.

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/358 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/358

---

P8_TA(2019)0096

Common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those ***I

Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument (COM(2018)0375 — C8-0230/2018 — 2018/0196(COD)) (1)

(Ordinary legislative procedure: first reading)

(2020/C 449/50)

Amendment 1

Proposal for a regulation

Title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Proposal for a | Proposal for a |
| REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL | REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL |
| laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument | laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund,
  the European Agricultural Fund for Rural Development,
  and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument |

Text proposed by the Commission

Amendment

Proposal for a

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument

laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund,
  the European Agricultural Fund for Rural Development,
  and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument

Amendment 2

Proposal for a regulation

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | Article 174 of the Treaty on the Functioning of the European Union (‘TFEU’) provides that, in order to strengthen its economic, social and territorial cohesion, the Union is to aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, and that particular attention is to be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps. Article 175 of the TFEU requires that the Union is to support the achievement of these objectives by the action it takes through the European Agricultural Guidance and Guarantee Fund, Guidance Section, the European Social Fund, the European Regional Development Fund, the European Investment Bank and other instruments. Article 322 of the TFEU provides the basis for adopting financial rules determining the procedure to be adopted for establishing and implementing the budget and for presenting and auditing accounts, as well as for checks on the responsibility of financial actors. |

Text proposed by the Commission

Amendment

(1)

Article 174 of the Treaty on the Functioning of the European Union (‘TFEU’) provides that, in order to strengthen its economic, social and territorial cohesion, the Union is to aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, and that particular attention is to be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps. Article 175 of the TFEU requires that the Union is to support the achievement of these objectives by the action it takes through the European Agricultural Guidance and Guarantee Fund, Guidance Section, the European Social Fund, the European Regional Development Fund, the European Investment Bank and other instruments. Article 322 of the TFEU provides the basis for adopting financial rules determining the procedure to be adopted for establishing and implementing the budget and for presenting and auditing accounts, as well as for checks on the responsibility of financial actors.

| (1) | Article 174 of the Treaty on the Functioning of the European Union (‘TFEU’) provides that, in order to strengthen its economic, social and territorial cohesion, the Union is to aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, and that particular attention is to be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps
  . These regions particularly benefit from cohesion policy
  . Article 175 of the TFEU requires that the Union is to support the achievement of these objectives by the action it takes through the European Agricultural Guidance and Guarantee Fund, Guidance Section, the European Social Fund, the European Regional Development Fund, the European Investment Bank and other instruments. Article 322 of the TFEU provides the basis for adopting financial rules determining the procedure to be adopted for establishing and implementing the budget and for presenting and auditing accounts, as well as for checks on the responsibility of financial actors. |
| --- | --- |

(1)

Article 174 of the Treaty on the Functioning of the European Union (‘TFEU’) provides that, in order to strengthen its economic, social and territorial cohesion, the Union is to aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, and that particular attention is to be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps
  . These regions particularly benefit from cohesion policy
  . Article 175 of the TFEU requires that the Union is to support the achievement of these objectives by the action it takes through the European Agricultural Guidance and Guarantee Fund, Guidance Section, the European Social Fund, the European Regional Development Fund, the European Investment Bank and other instruments. Article 322 of the TFEU provides the basis for adopting financial rules determining the procedure to be adopted for establishing and implementing the budget and for presenting and auditing accounts, as well as for checks on the responsibility of financial actors.

Amendment 3

Proposal for a regulation

Recital 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1 a) | It is important for the future of the European Union and its citizens that cohesion policy remains the main investment policy of the Union, keeping its funding in the 2021-2027 period at least at the level of the 2014-2020 programming period. New funding for other areas of activity or programmes of the Union should not be to the detriment of the European Regional Development Fund, the European Social Fund Plus or the Cohesion Fund. |

Text proposed by the Commission

Amendment

(1 a)

It is important for the future of the European Union and its citizens that cohesion policy remains the main investment policy of the Union, keeping its funding in the 2021-2027 period at least at the level of the 2014-2020 programming period. New funding for other areas of activity or programmes of the Union should not be to the detriment of the European Regional Development Fund, the European Social Fund Plus or the Cohesion Fund.

Amendment 430

Proposal for a regulation

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | In order to further develop a coordinated and harmonised implementation of Union Funds implemented under shared management namely the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’), the Cohesion Fund, measures financed under shared management in the European Maritime and Fisheries Fund (‘EMFF’), the Asylum and Migration Fund (‘AMIF’), Internal Security Fund (‘ISF’) and Integrated Border Management Fund (‘BMVI’), financial rules based on Article 322 of the TFEU should be established for all these Funds (‘the Funds’), clearly specifying the scope of application of the relevant provisions. In addition, common provisions based on Article 177 of the TFEU should be established to cover policy specific rules for the ERDF, the ESF+, the Cohesion Fund
  and
  the EMFF. |

Text proposed by the Commission

Amendment

(2)

In order to further develop a coordinated and harmonised implementation of Union Funds implemented under shared management namely the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’), the Cohesion Fund, measures financed under shared management in the European Maritime and Fisheries Fund (‘EMFF’), the Asylum and Migration Fund (‘AMIF’), Internal Security Fund (‘ISF’) and Integrated Border Management Fund (‘BMVI’), financial rules based on Article 322 of the TFEU should be established for all these Funds (‘the Funds’), clearly specifying the scope of application of the relevant provisions. In addition, common provisions based on Article 177 of the TFEU should be established to cover policy specific rules for the ERDF, the ESF+, the Cohesion Fund
  and
  the EMFF.

| (2) | In order to further develop a coordinated and harmonised implementation of Union Funds implemented under shared management namely the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’), the Cohesion Fund, measures financed under shared management in the European Maritime and Fisheries Fund (‘EMFF’), the Asylum and Migration Fund (‘AMIF’), Internal Security Fund (‘ISF’) and Integrated Border Management Fund (‘BMVI’), financial rules based on Article 322 of the TFEU should be established for all these Funds (‘the Funds’), clearly specifying the scope of application of the relevant provisions. In addition, common provisions based on Article 177 of the TFEU should be established to cover policy specific rules for the ERDF, the ESF+, the Cohesion Fund, the EMFF
  and to a specific extent the European Agricultural Fund for Rural Development (EAFRD)
  . |
| --- | --- |

(2)

In order to further develop a coordinated and harmonised implementation of Union Funds implemented under shared management namely the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’), the Cohesion Fund, measures financed under shared management in the European Maritime and Fisheries Fund (‘EMFF’), the Asylum and Migration Fund (‘AMIF’), Internal Security Fund (‘ISF’) and Integrated Border Management Fund (‘BMVI’), financial rules based on Article 322 of the TFEU should be established for all these Funds (‘the Funds’), clearly specifying the scope of application of the relevant provisions. In addition, common provisions based on Article 177 of the TFEU should be established to cover policy specific rules for the ERDF, the ESF+, the Cohesion Fund, the EMFF
  and to a specific extent the European Agricultural Fund for Rural Development (EAFRD)
  .

Amendment 5

Proposal for a regulation

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | The outermost regions and the northern sparsely populated regions should benefit from specific measures and from additional funding pursuant to Article 349 of the TFEU and Article 2 of Protocol No 6 to the 1994 Act of Accession. |

Text proposed by the Commission

Amendment

(4)

The outermost regions and the northern sparsely populated regions should benefit from specific measures and from additional funding pursuant to Article 349 of the TFEU and Article 2 of Protocol No 6 to the 1994 Act of Accession.

| (4) | The outermost regions and the northern sparsely populated regions should benefit from specific measures and from additional funding pursuant to Article 349 of the TFEU and Article 2 of Protocol No 6 to the 1994 Act of Accession
  in order to address their specific disadvantages related to their geographic location
  . |
| --- | --- |

(4)

The outermost regions and the northern sparsely populated regions should benefit from specific measures and from additional funding pursuant to Article 349 of the TFEU and Article 2 of Protocol No 6 to the 1994 Act of Accession
  in order to address their specific disadvantages related to their geographic location
  .

Amendment 6

Proposal for a regulation

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | Horizontal principles as set out in Article 3 of the Treaty on the European Union (‘TEU’) and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU. |

Text proposed by the Commission

Amendment

(5)

Horizontal principles as set out in Article 3 of the Treaty on the European Union (‘TEU’) and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU.

| (5) | Horizontal principles as set out in Article 3 of the Treaty on the European Union (‘TEU’) and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of
  the Child and of the UN Convention on the Rights of
  Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services
  . In that context, the Funds should be implemented in a way which promotes deinstitutionalisation and community-based care
  . Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation
  or exclusion, or support infrastructure which is inaccessible to persons with a disability
  . The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article191(1) of the TFEU, taking into account the polluter pays principle
  and taking into account the commitments agreed under the Paris Agreement
  . In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU.
  Poverty is one of the greatest challenges of the EU. The Funds should therefore contribute to the elimination of poverty. They should also contribute to fulfilling the commitment of the Union and its Member States to achieving the United Nations’ Sustainable Development Goals. |
| --- | --- |

(5)

Horizontal principles as set out in Article 3 of the Treaty on the European Union (‘TEU’) and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into account the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of
  the Child and of the UN Convention on the Rights of
  Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services
  . In that context, the Funds should be implemented in a way which promotes deinstitutionalisation and community-based care
  . Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation
  or exclusion, or support infrastructure which is inaccessible to persons with a disability
  . The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article191(1) of the TFEU, taking into account the polluter pays principle
  and taking into account the commitments agreed under the Paris Agreement
  . In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU.
  Poverty is one of the greatest challenges of the EU. The Funds should therefore contribute to the elimination of poverty. They should also contribute to fulfilling the commitment of the Union and its Member States to achieving the United Nations’ Sustainable Development Goals.

Amendment 7

Proposal for a regulation

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, the Funds will contribute to
  mainstream
  climate actions and to the achievement of an overall target of
  25
  % of the EU budget expenditure supporting climate objectives. |

Text proposed by the Commission

Amendment

(9)

Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, the Funds will contribute to
  mainstream
  climate actions and to the achievement of an overall target of
  25
  % of the EU budget expenditure supporting climate objectives.

| (9) | Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, the Funds will contribute to
  mainstreaming
  climate actions and to the achievement of an overall target of
  30
  % of the EU budget expenditure supporting climate objectives.
  Climate proofing mechanisms should be an integral part of programming and implementation. |
| --- | --- |

(9)

Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, the Funds will contribute to
  mainstreaming
  climate actions and to the achievement of an overall target of
  30
  % of the EU budget expenditure supporting climate objectives.
  Climate proofing mechanisms should be an integral part of programming and implementation.

Amendment 8

Proposal for a regulation

Recital 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9a) | Given the impact of migration flows from third countries, cohesion policy should contribute to integration processes, in particular by providing infrastructure support to towns and cities and local and regional authorities on the front line, which are more involved in implementing integration policies. |

Text proposed by the Commission

Amendment

(9a)

Given the impact of migration flows from third countries, cohesion policy should contribute to integration processes, in particular by providing infrastructure support to towns and cities and local and regional authorities on the front line, which are more involved in implementing integration policies.

Amendment 9

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | Part of the budget of the Union allocated to the Funds should be implemented by the Commission under shared management with Member States within the meaning of Regulation (EU, Euratom) [number of the new Financial Regulation] of the European Parliament and of the Council (12) (the ‘Financial Regulation’). Therefore, when implementing the Funds under shared management, the Commission and the Member States should respect the principles referred to in the Financial Regulation, such as sound financial management, transparency and non-discrimination. |

Text proposed by the Commission

Amendment

(10)

Part of the budget of the Union allocated to the Funds should be implemented by the Commission under shared management with Member States within the meaning of Regulation (EU, Euratom) [number of the new Financial Regulation] of the European Parliament and of the Council (12) (the ‘Financial Regulation’). Therefore, when implementing the Funds under shared management, the Commission and the Member States should respect the principles referred to in the Financial Regulation, such as sound financial management, transparency and non-discrimination.

| (10) | Part of the budget of the Union allocated to the Funds should be implemented by the Commission under shared management with Member States within the meaning of Regulation (EU, Euratom) [number of the new Financial Regulation] of the European Parliament and of the Council (12) (the ‘Financial Regulation’). Therefore, when implementing the Funds under shared management, the Commission and the Member States should respect the principles referred to in the Financial Regulation, such as sound financial management, transparency and non-discrimination.
  Member States should be responsible for preparing and implementing programmes. This should take place at the appropriate territorial level, in accordance with their institutional, legal and financial framework, and by the bodies designated by them for that purpose. Member States should refrain from adding rules that complicate the use of the funds for beneficiaries. |
| --- | --- |

(10)

Part of the budget of the Union allocated to the Funds should be implemented by the Commission under shared management with Member States within the meaning of Regulation (EU, Euratom) [number of the new Financial Regulation] of the European Parliament and of the Council (12) (the ‘Financial Regulation’). Therefore, when implementing the Funds under shared management, the Commission and the Member States should respect the principles referred to in the Financial Regulation, such as sound financial management, transparency and non-discrimination.
  Member States should be responsible for preparing and implementing programmes. This should take place at the appropriate territorial level, in accordance with their institutional, legal and financial framework, and by the bodies designated by them for that purpose. Member States should refrain from adding rules that complicate the use of the funds for beneficiaries.

Amendment 10

Proposal for a regulation

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | The principle of partnership is a key feature in the implementation of the Funds, building on the multi-level governance approach and ensuring the involvement of civil society and social partners. In order to provide continuity in the organisation of partnership, Commission Delegated Regulation (EU) No 240/2014
  should continue to apply

   (13). |

Text proposed by the Commission

Amendment

(11)

The principle of partnership is a key feature in the implementation of the Funds, building on the multi-level governance approach and ensuring the involvement of civil society and social partners. In order to provide continuity in the organisation of partnership, Commission Delegated Regulation (EU) No 240/2014
  should continue to apply

   (13).

| (11) | The principle of partnership is a key feature in the implementation of the Funds, building on the multi-level governance approach and ensuring the involvement of
  regional, local, and other public authorities,
  civil society and social partners. In order to provide continuity in the organisation of partnership,
  the Commission should be empowered to amend and adapt
  Commission Delegated Regulation (EU) No 240/2014 (13). |
| --- | --- |

(11)

The principle of partnership is a key feature in the implementation of the Funds, building on the multi-level governance approach and ensuring the involvement of
  regional, local, and other public authorities,
  civil society and social partners. In order to provide continuity in the organisation of partnership,
  the Commission should be empowered to amend and adapt
  Commission Delegated Regulation (EU) No 240/2014 (13).

Amendment 11

Proposal for a regulation

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | At Union level, the European Semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of these reform priorities. These strategies should be presented alongside the yearly National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and Union funding. They should also serve to use Union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the Funds, the European Investment Stabilisation Function and InvestEU. |

Text proposed by the Commission

Amendment

(12)

At Union level, the European Semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of these reform priorities. These strategies should be presented alongside the yearly National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and Union funding. They should also serve to use Union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the Funds, the European Investment Stabilisation Function and InvestEU.

deleted

Amendment 12

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | Member States should
  determine how
  relevant country-specific recommendations adopted in accordance with Article 121(2) of the TFEU and relevant Council recommendations adopted in accordance with Article 148(4) of the TFEU (‘CSR’s)
  are taken into account
  in the preparation of programming documents. During the 2021–2027 programming period (‘programming period’), Member States should regularly present to the monitoring committee and to the Commission the progress in implementing the programmes in support of the CSRs. During a mid-term review, Member States should, among other elements, consider the need for programme modifications to accommodate relevant CSRs adopted or modified since the start of the programming period. |

Text proposed by the Commission

Amendment

(13)

Member States should
  determine how
  relevant country-specific recommendations adopted in accordance with Article 121(2) of the TFEU and relevant Council recommendations adopted in accordance with Article 148(4) of the TFEU (‘CSR’s)
  are taken into account
  in the preparation of programming documents. During the 2021–2027 programming period (‘programming period’), Member States should regularly present to the monitoring committee and to the Commission the progress in implementing the programmes in support of the CSRs. During a mid-term review, Member States should, among other elements, consider the need for programme modifications to accommodate relevant CSRs adopted or modified since the start of the programming period.

| (13) | Member States should
  take into account
  relevant country-specific recommendations adopted in accordance with Article 121(2) of the TFEU and relevant Council recommendations adopted in accordance with Article 148(4) of the TFEU (‘CSR’s) in the preparation of programming documents, where they are consistent with the programme’s objectives. During the 2021–2027 programming period (‘programming period’), Member States should regularly present to the monitoring committee and to the Commission the progress in implementing the programmes in support of the CSRs
  , as well as of the European Pillar of Social Rights
  . During a mid-term review, Member States should, among other elements, consider the need for programme modifications to accommodate relevant CSRs adopted or modified since the start of the programming period. |
| --- | --- |

(13)

Member States should
  take into account
  relevant country-specific recommendations adopted in accordance with Article 121(2) of the TFEU and relevant Council recommendations adopted in accordance with Article 148(4) of the TFEU (‘CSR’s) in the preparation of programming documents, where they are consistent with the programme’s objectives. During the 2021–2027 programming period (‘programming period’), Member States should regularly present to the monitoring committee and to the Commission the progress in implementing the programmes in support of the CSRs
  , as well as of the European Pillar of Social Rights
  . During a mid-term review, Member States should, among other elements, consider the need for programme modifications to accommodate relevant CSRs adopted or modified since the start of the programming period.

Amendment 13

Proposal for a regulation

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | Member States should take account of the contents of their draft National Energy and Climate Plan, to be developed under the Regulation on the Governance of the Energy Union (14) , and the outcome of the process resulting in Union recommendations regarding these plans, for their programmes, as well as for the financial needs allocated for low-carbon investments. |

Text proposed by the Commission

Amendment

(14)

Member States should take account of the contents of their draft National Energy and Climate Plan, to be developed under the Regulation on the Governance of the Energy Union (14) , and the outcome of the process resulting in Union recommendations regarding these plans, for their programmes, as well as for the financial needs allocated for low-carbon investments.

| (14) | Member States should take account of the contents of their draft National Energy and Climate Plan, to be developed under the Regulation on the Governance of the Energy Union (14) , and the outcome of the process resulting in Union recommendations regarding these plans, for their programmes,
  including during the mid-term review,
  as well as for the financial needs allocated for low-carbon investments. |
| --- | --- |

(14)

Member States should take account of the contents of their draft National Energy and Climate Plan, to be developed under the Regulation on the Governance of the Energy Union (14) , and the outcome of the process resulting in Union recommendations regarding these plans, for their programmes,
  including during the mid-term review,
  as well as for the financial needs allocated for low-carbon investments.

Amendment 14

Proposal for a regulation

Recital 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | The Partnership Agreement, prepared by each Member State, should be a strategic document guiding the negotiations between the Commission and the Member State concerned on the design of programmes. In order to reduce the administrative burden, it should not be necessary to amend Partnership Agreements during the programming period. To facilitate the programming and avoid overlapping content in programming documents, Partnership Agreements
  can
  be included as part of a programme. |

Text proposed by the Commission

Amendment

(15)

The Partnership Agreement, prepared by each Member State, should be a strategic document guiding the negotiations between the Commission and the Member State concerned on the design of programmes. In order to reduce the administrative burden, it should not be necessary to amend Partnership Agreements during the programming period. To facilitate the programming and avoid overlapping content in programming documents, Partnership Agreements
  can
  be included as part of a programme.

| (15) | The Partnership Agreement, prepared by each Member State, should be a strategic document guiding the negotiations between the Commission and the Member State concerned on the design of programmes. In order to reduce the administrative burden, it should not be necessary to amend Partnership Agreements during the programming period. To facilitate the programming and avoid overlapping content in programming documents,
  it should be possible for
  Partnership Agreements
  to
  be included as part of a programme. |
| --- | --- |

(15)

The Partnership Agreement, prepared by each Member State, should be a strategic document guiding the negotiations between the Commission and the Member State concerned on the design of programmes. In order to reduce the administrative burden, it should not be necessary to amend Partnership Agreements during the programming period. To facilitate the programming and avoid overlapping content in programming documents,
  it should be possible for
  Partnership Agreements
  to
  be included as part of a programme.

Amendment 15

Proposal for a regulation

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | Each Member State
  should
  have the flexibility to contribute to InvestEU for the provision of budgetary guarantees for investments in that Member State. |

Text proposed by the Commission

Amendment

(16)

Each Member State
  should
  have the flexibility to contribute to InvestEU for the provision of budgetary guarantees for investments in that Member State.

| (16) | Each Member State
  could
  have the flexibility to contribute to InvestEU for the provision of budgetary guarantees for investments in that Member State
  , under certain conditions specified in Article 10 of this Regulation
  . |
| --- | --- |

(16)

Each Member State
  could
  have the flexibility to contribute to InvestEU for the provision of budgetary guarantees for investments in that Member State
  , under certain conditions specified in Article 10 of this Regulation
  .

Amendment 16

Proposal for a regulation

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | To ensure the necessary prerequisites for the effective and efficient use of Union support granted by the Funds, a limited list of enabling conditions as well as a concise and exhaustive set of objective criteria for their assessment should be established. Each enabling condition should be linked to a specific objective and should be automatically applicable where the specific objective is selected for support. Where those conditions are not fulfilled, expenditure related to operations under the related specific objectives should not be included in payment applications.. In order to maintain a favourable investment framework, the continued fulfilment of the enabling conditions should be monitored regularly. It is also important to ensure that operations selected for support are implemented consistently with the strategies and planning documents in place underlying the fulfilled enabling conditions, thus ensuring that all co-financed operations are in line with the Union policy framework. |

Text proposed by the Commission

Amendment

(17)

To ensure the necessary prerequisites for the effective and efficient use of Union support granted by the Funds, a limited list of enabling conditions as well as a concise and exhaustive set of objective criteria for their assessment should be established. Each enabling condition should be linked to a specific objective and should be automatically applicable where the specific objective is selected for support. Where those conditions are not fulfilled, expenditure related to operations under the related specific objectives should not be included in payment applications.. In order to maintain a favourable investment framework, the continued fulfilment of the enabling conditions should be monitored regularly. It is also important to ensure that operations selected for support are implemented consistently with the strategies and planning documents in place underlying the fulfilled enabling conditions, thus ensuring that all co-financed operations are in line with the Union policy framework.

| (17) | To ensure the necessary prerequisites for the
  inclusive, non-discriminatory,
  effective and efficient use of Union support granted by the Funds, a limited list of enabling conditions as well as a concise and exhaustive set of objective criteria for their assessment should be established. Each enabling condition should be linked to a specific objective and should be automatically applicable where the specific objective is selected for support. Where those conditions are not fulfilled, expenditure related to operations under the related specific objectives should not be included in payment applications.. In order to maintain a favourable investment framework, the continued fulfilment of the enabling conditions should be monitored regularly. It is also important to ensure that operations selected for support are implemented consistently with the strategies and planning documents in place underlying the fulfilled enabling conditions, thus ensuring that all co-financed operations are in line with the Union policy framework. |
| --- | --- |

(17)

To ensure the necessary prerequisites for the
  inclusive, non-discriminatory,
  effective and efficient use of Union support granted by the Funds, a limited list of enabling conditions as well as a concise and exhaustive set of objective criteria for their assessment should be established. Each enabling condition should be linked to a specific objective and should be automatically applicable where the specific objective is selected for support. Where those conditions are not fulfilled, expenditure related to operations under the related specific objectives should not be included in payment applications.. In order to maintain a favourable investment framework, the continued fulfilment of the enabling conditions should be monitored regularly. It is also important to ensure that operations selected for support are implemented consistently with the strategies and planning documents in place underlying the fulfilled enabling conditions, thus ensuring that all co-financed operations are in line with the Union policy framework.

Amendment 17

Proposal for a regulation

Recital 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (18) | Member States should establish a performance framework for each programme covering all indicators, milestones and targets to monitor, report on and evaluate programme performance. |

Text proposed by the Commission

Amendment

(18)

Member States should establish a performance framework for each programme covering all indicators, milestones and targets to monitor, report on and evaluate programme performance.

| (18) | Member States should establish a performance framework for each programme covering all indicators, milestones and targets to monitor, report on and evaluate programme performance.
  This should allow project selection and evaluation to be result-driven. |
| --- | --- |

(18)

Member States should establish a performance framework for each programme covering all indicators, milestones and targets to monitor, report on and evaluate programme performance.
  This should allow project selection and evaluation to be result-driven.

Amendment 18

Proposal for a regulation

Recital 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| (19) | The Member State should carry out a mid-term review of each programme supported by the ERDF, the ESF+ and the Cohesion Fund. That review should provide a fully-fledged adjustment of programmes based on programme performance, while also providing an opportunity to take account of new challenges and relevant CSRs issued in 2024. In parallel, in 2024 the Commission should, together with the technical adjustment for the year 2025, review all Member States’ total allocations under the Investment for jobs and growth goal of cohesion policy for the years 2025, 2026 and 2027, applying the allocation method set out in the relevant basic act. That review together with the outcome of the mid-term review should result in programme amendments modifying the financial allocations for the years 2025, 2026 and 2027. |

Text proposed by the Commission

Amendment

(19)

The Member State should carry out a mid-term review of each programme supported by the ERDF, the ESF+ and the Cohesion Fund. That review should provide a fully-fledged adjustment of programmes based on programme performance, while also providing an opportunity to take account of new challenges and relevant CSRs issued in 2024. In parallel, in 2024 the Commission should, together with the technical adjustment for the year 2025, review all Member States’ total allocations under the Investment for jobs and growth goal of cohesion policy for the years 2025, 2026 and 2027, applying the allocation method set out in the relevant basic act. That review together with the outcome of the mid-term review should result in programme amendments modifying the financial allocations for the years 2025, 2026 and 2027.

| (19) | The Member State should carry out a mid-term review of each programme supported by the ERDF, the ESF+ and the Cohesion Fund. That review should provide a fully-fledged adjustment of programmes based on programme performance, while also providing an opportunity to take account of new challenges and relevant CSRs issued in 2024
  , as well as progress with the National Energy and Climate Plans and the European Pillar of Social Rights. Demographic challenges should also be taken into account
  . In parallel, in 2024 the Commission should, together with the technical adjustment for the year 2025, review all Member States’ total allocations under the Investment for jobs and growth goal of cohesion policy for the years 2025, 2026 and 2027, applying the allocation method set out in the relevant basic act. That review together with the outcome of the mid-term review should result in programme amendments modifying the financial allocations for the years 2025, 2026 and 2027. |
| --- | --- |

(19)

The Member State should carry out a mid-term review of each programme supported by the ERDF, the ESF+ and the Cohesion Fund. That review should provide a fully-fledged adjustment of programmes based on programme performance, while also providing an opportunity to take account of new challenges and relevant CSRs issued in 2024
  , as well as progress with the National Energy and Climate Plans and the European Pillar of Social Rights. Demographic challenges should also be taken into account
  . In parallel, in 2024 the Commission should, together with the technical adjustment for the year 2025, review all Member States’ total allocations under the Investment for jobs and growth goal of cohesion policy for the years 2025, 2026 and 2027, applying the allocation method set out in the relevant basic act. That review together with the outcome of the mid-term review should result in programme amendments modifying the financial allocations for the years 2025, 2026 and 2027.

Amendments 425/rev, 444/rev, 448 and 469

Proposal for a regulation

Recital 20

| Text proposed by the Commission | Amendment |
| --- | --- |
| (20) | Mechanisms to ensure a link between Union funding policies and the economic governance of the Union should be further refined, allowing the Commission to make a proposal to the Council to suspend all or part of the commitments for one or more of the programmes of the Member State concerned where that Member State fails to take effective action in the context of the economic governance process. In order to ensure uniform implementation and in view of the importance of the financial effects of measures being imposed, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to ensure effective action in the context of the economic governance process, reversed qualified majority voting should be used. |

Text proposed by the Commission

Amendment

(20)

Mechanisms to ensure a link between Union funding policies and the economic governance of the Union should be further refined, allowing the Commission to make a proposal to the Council to suspend all or part of the commitments for one or more of the programmes of the Member State concerned where that Member State fails to take effective action in the context of the economic governance process. In order to ensure uniform implementation and in view of the importance of the financial effects of measures being imposed, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to ensure effective action in the context of the economic governance process, reversed qualified majority voting should be used.

deleted

Amendment 20

Proposal for a regulation

Recital 20 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (20 a) | Member States could make in duly justified cases a request for flexibility within the current framework of the Stability and Growth Pact for the public or equivalent structural expenditure, supported by the public administration by way of co-financing of investments activated as part of European Structural and Investment Funds (‘ESI Funds’). The Commission should carefully assess the respective request, when defining the fiscal adjustment under either the preventive or the corrective arm of the Stability and Growth Pact. |

Text proposed by the Commission

Amendment

(20 a)

Member States could make in duly justified cases a request for flexibility within the current framework of the Stability and Growth Pact for the public or equivalent structural expenditure, supported by the public administration by way of co-financing of investments activated as part of European Structural and Investment Funds (‘ESI Funds’). The Commission should carefully assess the respective request, when defining the fiscal adjustment under either the preventive or the corrective arm of the Stability and Growth Pact.

Amendment 21

Proposal for a regulation

Recital 22 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22 a) | Major projects represent a substantial share of Union spending and are frequently of strategic importance with respect to the achievement of the Union strategy for smart, sustainable and inclusive growth. It is therefore justified that operations above certain thresholds continue to be subject to specific approval procedures under this Regulation. The threshold should be established in relation to total eligible cost after taking account of expected net revenues. To ensure clarity, it is appropriate to define the content of a major project application for such a purpose. The application should contain the necessary information to provide assurance that the financial contribution from the Funds does not result in a substantial loss of jobs in existing locations within the Union. The Member State should submit all required information and the Commission should appraise the major project to determine whether the requested financial contribution is justified. |

Text proposed by the Commission

Amendment

(22 a)

Major projects represent a substantial share of Union spending and are frequently of strategic importance with respect to the achievement of the Union strategy for smart, sustainable and inclusive growth. It is therefore justified that operations above certain thresholds continue to be subject to specific approval procedures under this Regulation. The threshold should be established in relation to total eligible cost after taking account of expected net revenues. To ensure clarity, it is appropriate to define the content of a major project application for such a purpose. The application should contain the necessary information to provide assurance that the financial contribution from the Funds does not result in a substantial loss of jobs in existing locations within the Union. The Member State should submit all required information and the Commission should appraise the major project to determine whether the requested financial contribution is justified.

Amendment 22

Proposal for a regulation

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (23) | To strengthen the integrated territorial development approach, investments in the form of territorial tools such as integrated territorial investments (‘ITI’), community-led local development (‘CLLD’) or any other territorial tool under policy objective ‘a Europe closer to citizens’ supporting initiatives designed by the Member State for investments programmed for the ERDF should be based on territorial and local development strategies. For the purposes of ITIs and territorial tools designed by Member States, minimum requirements should be set out for the content of territorial strategies. Those territorial strategies should be developed and endorsed under the responsibility of relevant authorities or bodies. To ensure the involvement of relevant authorities or bodies in implementing territorial strategies, those authorities or bodies should be responsible for the selection of operations to be supported, or involved in that selection. |

Text proposed by the Commission

Amendment

(23)

To strengthen the integrated territorial development approach, investments in the form of territorial tools such as integrated territorial investments (‘ITI’), community-led local development (‘CLLD’) or any other territorial tool under policy objective ‘a Europe closer to citizens’ supporting initiatives designed by the Member State for investments programmed for the ERDF should be based on territorial and local development strategies. For the purposes of ITIs and territorial tools designed by Member States, minimum requirements should be set out for the content of territorial strategies. Those territorial strategies should be developed and endorsed under the responsibility of relevant authorities or bodies. To ensure the involvement of relevant authorities or bodies in implementing territorial strategies, those authorities or bodies should be responsible for the selection of operations to be supported, or involved in that selection.

| (23) | To strengthen the integrated territorial development approach, investments in the form of territorial tools such as integrated territorial investments (‘ITI’), community-led local development (‘CLLD’
  , known as
  ‘
  LEADER
  ’
  under the EAFRD),
  or any other territorial tool under policy objective ‘a Europe closer to citizens’ supporting initiatives designed by the Member State for investments programmed for the ERDF should be based on territorial and local development strategies
  . The same should apply to related initiatives such as the Smart Villages
  . For the purposes of ITIs and territorial tools designed by Member States, minimum requirements should be set out for the content of territorial strategies. Those territorial strategies should be developed and endorsed under the responsibility of relevant authorities or bodies. To ensure the involvement of relevant authorities or bodies in implementing territorial strategies, those authorities or bodies should be responsible for the selection of operations to be supported, or involved in that selection. |
| --- | --- |

(23)

To strengthen the integrated territorial development approach, investments in the form of territorial tools such as integrated territorial investments (‘ITI’), community-led local development (‘CLLD’
  , known as
  ‘
  LEADER
  ’
  under the EAFRD),
  or any other territorial tool under policy objective ‘a Europe closer to citizens’ supporting initiatives designed by the Member State for investments programmed for the ERDF should be based on territorial and local development strategies
  . The same should apply to related initiatives such as the Smart Villages
  . For the purposes of ITIs and territorial tools designed by Member States, minimum requirements should be set out for the content of territorial strategies. Those territorial strategies should be developed and endorsed under the responsibility of relevant authorities or bodies. To ensure the involvement of relevant authorities or bodies in implementing territorial strategies, those authorities or bodies should be responsible for the selection of operations to be supported, or involved in that selection.

Amendment 23

Proposal for a regulation

Recital 24

| Text proposed by the Commission | Amendment |
| --- | --- |
| (24) | To better mobilise potential at the local level, it is necessary to strengthen and facilitate CLLD. It should take into account local needs and potential, as well as relevant socio-cultural characteristics, and should provide for structural changes, build community capacity and stimulate innovation. The close cooperation and integrated use of the Funds to deliver local development strategies should be strengthened. Local action groups, representing the interests of the community, should be, as an essential principle responsible for the design and implementation of CLLD strategies. In order to facilitate coordinated support from different Funds to CLLD strategies and to facilitate their implementation, the use of a ‘Lead Fund’ approach should be facilitated. |

Text proposed by the Commission

Amendment

(24)

To better mobilise potential at the local level, it is necessary to strengthen and facilitate CLLD. It should take into account local needs and potential, as well as relevant socio-cultural characteristics, and should provide for structural changes, build community capacity and stimulate innovation. The close cooperation and integrated use of the Funds to deliver local development strategies should be strengthened. Local action groups, representing the interests of the community, should be, as an essential principle responsible for the design and implementation of CLLD strategies. In order to facilitate coordinated support from different Funds to CLLD strategies and to facilitate their implementation, the use of a ‘Lead Fund’ approach should be facilitated.

| (24) | To better mobilise potential at the local level, it is necessary to strengthen and facilitate CLLD. It should take into account local needs and potential, as well as relevant socio-cultural characteristics, and should provide for structural changes, build community
  and administrative
  capacity and stimulate innovation. The close cooperation and integrated use of the Funds to deliver local development strategies should be strengthened. Local action groups, representing the interests of the community, should be, as an essential principle responsible for the design and implementation of CLLD strategies. In order to facilitate coordinated support from different Funds to CLLD strategies and to facilitate their implementation, the use of a ‘Lead Fund’ approach should be facilitated. |
| --- | --- |

(24)

To better mobilise potential at the local level, it is necessary to strengthen and facilitate CLLD. It should take into account local needs and potential, as well as relevant socio-cultural characteristics, and should provide for structural changes, build community
  and administrative
  capacity and stimulate innovation. The close cooperation and integrated use of the Funds to deliver local development strategies should be strengthened. Local action groups, representing the interests of the community, should be, as an essential principle responsible for the design and implementation of CLLD strategies. In order to facilitate coordinated support from different Funds to CLLD strategies and to facilitate their implementation, the use of a ‘Lead Fund’ approach should be facilitated.

Amendment 24

Proposal for a regulation

Recital 25

| Text proposed by the Commission | Amendment |
| --- | --- |
| (25) | In order to reduce the administrative burden, technical assistance at the initiative of the Member State should be implemented through a flat rate based on progress in programme implementation. That technical assistance may be complemented with targeted administrative capacity building measures using reimbursement methods that are not linked to costs. Actions and deliverables as well as corresponding Union payments can be agreed in a roadmap and can lead to payments for results on the ground. |

Text proposed by the Commission

Amendment

(25)

In order to reduce the administrative burden, technical assistance at the initiative of the Member State should be implemented through a flat rate based on progress in programme implementation. That technical assistance may be complemented with targeted administrative capacity building measures using reimbursement methods that are not linked to costs. Actions and deliverables as well as corresponding Union payments can be agreed in a roadmap and can lead to payments for results on the ground.

| (25) | In order to reduce the administrative burden, technical assistance at the initiative of the Member State should be implemented through a flat rate based on progress in programme implementation. That technical assistance may be complemented with targeted administrative capacity building measures
  , such as the evaluation of the skills set of human resources,
   using reimbursement methods that are not linked to costs. Actions and deliverables as well as corresponding Union payments can be agreed in a roadmap and can lead to payments for results on the ground. |
| --- | --- |

(25)

In order to reduce the administrative burden, technical assistance at the initiative of the Member State should be implemented through a flat rate based on progress in programme implementation. That technical assistance may be complemented with targeted administrative capacity building measures
  , such as the evaluation of the skills set of human resources,
   using reimbursement methods that are not linked to costs. Actions and deliverables as well as corresponding Union payments can be agreed in a roadmap and can lead to payments for results on the ground.

Amendment 25

Proposal for a regulation

Recital 27

| Text proposed by the Commission | Amendment |
| --- | --- |
| (27) | In order to examine the performance of the programmes, the Member State should set up monitoring committees. For the ERDF, the ESF+ and the Cohesion Fund, annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the Member State. |

Text proposed by the Commission

Amendment

(27)

In order to examine the performance of the programmes, the Member State should set up monitoring committees. For the ERDF, the ESF+ and the Cohesion Fund, annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the Member State.

| (27) | In order to examine the performance of the programmes, the Member State should set up monitoring committees
  , consisting also of representatives of civil society and social partners
  . For the ERDF, the ESF+ and the Cohesion Fund, annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the Member State. |
| --- | --- |

(27)

In order to examine the performance of the programmes, the Member State should set up monitoring committees
  , consisting also of representatives of civil society and social partners
  . For the ERDF, the ESF+ and the Cohesion Fund, annual implementation reports should be replaced by an annual structured policy dialogue based on the latest information and data on programme implementation made available by the Member State.

Amendment 26

Proposal for a regulation

Recital 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| (28) | Pursuant to paragraphs 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016 (16), there is a need to evaluate the Funds on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Funds on the ground. |

Text proposed by the Commission

Amendment

(28)

Pursuant to paragraphs 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016 (16), there is a need to evaluate the Funds on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Funds on the ground.

| (28) | Pursuant to paragraphs 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016 (16), there is a need to evaluate the Funds on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Funds on the ground.
  Indicators should be developed in a gender sensitive manner when possible. |
| --- | --- |

(28)

Pursuant to paragraphs 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016 (16), there is a need to evaluate the Funds on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Funds on the ground.
  Indicators should be developed in a gender sensitive manner when possible.

Amendment 27

Proposal for a regulation

Recital 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| (29) | To ensure availability of comprehensive up-to-date information on programme implementation,
  more frequent
  electronic reporting on quantitative data should be required. |

Text proposed by the Commission

Amendment

(29)

To ensure availability of comprehensive up-to-date information on programme implementation,
  more frequent
  electronic reporting on quantitative data should be required.

| (29) | To ensure availability of comprehensive up-to-date information on programme implementation,
  effective and timely
  electronic reporting on quantitative data should be required. |
| --- | --- |

(29)

To ensure availability of comprehensive up-to-date information on programme implementation,
  effective and timely
  electronic reporting on quantitative data should be required.

Amendment 28

Proposal for a regulation

Recital 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| (30) | In order to support the preparation of related programmes and activities of the next programming period, the Commission should carry out a mid-term assessment of the Funds. At the end of the programming period, the Commission should carry out retrospective evaluations of the Funds, which should focus on the impact of the Funds. |

Text proposed by the Commission

Amendment

(30)

In order to support the preparation of related programmes and activities of the next programming period, the Commission should carry out a mid-term assessment of the Funds. At the end of the programming period, the Commission should carry out retrospective evaluations of the Funds, which should focus on the impact of the Funds.

| (30) | In order to support the preparation of related programmes and activities of the next programming period, the Commission should carry out a mid-term assessment of the Funds. At the end of the programming period, the Commission should carry out retrospective evaluations of the Funds, which should focus on the impact of the Funds.
  The results of these evaluations should be made public. |
| --- | --- |

(30)

In order to support the preparation of related programmes and activities of the next programming period, the Commission should carry out a mid-term assessment of the Funds. At the end of the programming period, the Commission should carry out retrospective evaluations of the Funds, which should focus on the impact of the Funds.
  The results of these evaluations should be made public.

Amendment 29

Proposal for a regulation

Recital 34

| Text proposed by the Commission | Amendment |
| --- | --- |
| (34) | As regards grants provided to beneficiaries, Member States should increasingly make use of simplified cost options. The threshold linked to the obligatory use of simplified cost options should be linked to the total costs of the operation in order to ensure the same treatment of all operations below the threshold, regardless of whether the support is public or private. |

Text proposed by the Commission

Amendment

(34)

As regards grants provided to beneficiaries, Member States should increasingly make use of simplified cost options. The threshold linked to the obligatory use of simplified cost options should be linked to the total costs of the operation in order to ensure the same treatment of all operations below the threshold, regardless of whether the support is public or private.

| (34) | As regards grants provided to beneficiaries, Member States should increasingly make use of simplified cost options. The threshold linked to the obligatory use of simplified cost options should be linked to the total costs of the operation in order to ensure the same treatment of all operations below the threshold, regardless of whether the support is public or private.
  Where a Member State intends to propose the use of a simplified cost option, it could consult the monitoring committee. |
| --- | --- |

(34)

As regards grants provided to beneficiaries, Member States should increasingly make use of simplified cost options. The threshold linked to the obligatory use of simplified cost options should be linked to the total costs of the operation in order to ensure the same treatment of all operations below the threshold, regardless of whether the support is public or private.
  Where a Member State intends to propose the use of a simplified cost option, it could consult the monitoring committee.

Amendment 30

Proposal for a regulation

Recital 36

| Text proposed by the Commission | Amendment |
| --- | --- |
| (36) | In order to optimise the uptake of co-financed environmental investments, synergies should be ensured with the LIFE programme for Environmental and Climate Action, in particular through LIFE strategic integrated projects and strategic nature projects. |

Text proposed by the Commission

Amendment

(36)

In order to optimise the uptake of co-financed environmental investments, synergies should be ensured with the LIFE programme for Environmental and Climate Action, in particular through LIFE strategic integrated projects and strategic nature projects.

| (36) | In order to optimise the uptake of co-financed environmental investments, synergies should be ensured with the LIFE programme for Environmental and Climate Action, in particular through LIFE strategic integrated projects and strategic nature projects
  , as well as with projects funded under Horizon Europe and other Union programmes
  . |
| --- | --- |

(36)

In order to optimise the uptake of co-financed environmental investments, synergies should be ensured with the LIFE programme for Environmental and Climate Action, in particular through LIFE strategic integrated projects and strategic nature projects
  , as well as with projects funded under Horizon Europe and other Union programmes
  .

Amendment 31

Proposal for a regulation

Recital 38

| Text proposed by the Commission | Amendment |
| --- | --- |
| (38) | To ensure the effectiveness, fairness and sustainable impact of the Funds, there should be provisions guaranteeing that investments in infrastructure or productive investment are long-lasting and prevent the Funds from being used to undue advantage. Managing authorities should pay particular attention not to support relocation when selecting operations and to treat sums unduly paid to operations not complying with the requirement of durability as irregularities. |

Text proposed by the Commission

Amendment

(38)

To ensure the effectiveness, fairness and sustainable impact of the Funds, there should be provisions guaranteeing that investments in infrastructure or productive investment are long-lasting and prevent the Funds from being used to undue advantage. Managing authorities should pay particular attention not to support relocation when selecting operations and to treat sums unduly paid to operations not complying with the requirement of durability as irregularities.

| (38) | To ensure the
  inclusiveness,
  effectiveness, fairness and sustainable impact of the Funds, there should be provisions guaranteeing that investments in infrastructure or productive investment are
  non-discriminatory and
  long-lasting and prevent the Funds from being used to undue advantage. Managing authorities should pay particular attention not to support relocation when selecting operations and to treat sums unduly paid to operations not complying with the requirement of durability as irregularities. |
| --- | --- |

(38)

To ensure the
  inclusiveness,
  effectiveness, fairness and sustainable impact of the Funds, there should be provisions guaranteeing that investments in infrastructure or productive investment are
  non-discriminatory and
  long-lasting and prevent the Funds from being used to undue advantage. Managing authorities should pay particular attention not to support relocation when selecting operations and to treat sums unduly paid to operations not complying with the requirement of durability as irregularities.

Amendment 32

Proposal for a regulation

Recital 40

| Text proposed by the Commission | Amendment |
| --- | --- |
| (40) | In order to optimise the added value from investments funded wholly or in part through the budget of the Union, synergies should be sought in particular between the Funds and directly managed instruments, including the Reform Delivery Tool. Those synergies should be achieved through key mechanisms, namely the recognition of flat rates for eligible costs from Horizon Europe for a similar operation and the possibility of combining funding from different Union instruments in the same operation as long as double financing is avoided. This Regulation should therefore set out rules for complementary financing from the Funds. |

Text proposed by the Commission

Amendment

(40)

In order to optimise the added value from investments funded wholly or in part through the budget of the Union, synergies should be sought in particular between the Funds and directly managed instruments, including the Reform Delivery Tool. Those synergies should be achieved through key mechanisms, namely the recognition of flat rates for eligible costs from Horizon Europe for a similar operation and the possibility of combining funding from different Union instruments in the same operation as long as double financing is avoided. This Regulation should therefore set out rules for complementary financing from the Funds.

| (40) | In order to optimise the added value from investments funded wholly or in part through the budget of the Union, synergies should be sought in particular between the Funds and directly managed instruments, including the Reform Delivery Tool
  . This policy coordination should promote easy-to-use mechanisms and multi-level governance
  . Those synergies should be achieved through key mechanisms, namely the recognition of flat rates for eligible costs from Horizon Europe for a similar operation and the possibility of combining funding from different Union instruments in the same operation as long as double financing is avoided. This Regulation should therefore set out rules for complementary financing from the Funds. |
| --- | --- |

(40)

In order to optimise the added value from investments funded wholly or in part through the budget of the Union, synergies should be sought in particular between the Funds and directly managed instruments, including the Reform Delivery Tool
  . This policy coordination should promote easy-to-use mechanisms and multi-level governance
  . Those synergies should be achieved through key mechanisms, namely the recognition of flat rates for eligible costs from Horizon Europe for a similar operation and the possibility of combining funding from different Union instruments in the same operation as long as double financing is avoided. This Regulation should therefore set out rules for complementary financing from the Funds.

Amendment 33

Proposal for a regulation

Recital 42 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (42a) | Managing authorities should have the possibility to implement financial instruments through a direct award of a contract to the EIB Group, national promotional banks and to international financial institutions (IFIs). |

Text proposed by the Commission

Amendment

(42a)

Managing authorities should have the possibility to implement financial instruments through a direct award of a contract to the EIB Group, national promotional banks and to international financial institutions (IFIs).

Amendment 34

Proposal for a regulation

Recital 44

| Text proposed by the Commission | Amendment |
| --- | --- |
| (44) | In full respect of the applicable State aid and public procurement rules already clarified during the 2014-2020 programming period, the managing authorities should have the possibility to decide on the most appropriate implementation options for financial instruments in order to address the specific needs of target regions. |

Text proposed by the Commission

Amendment

(44)

In full respect of the applicable State aid and public procurement rules already clarified during the 2014-2020 programming period, the managing authorities should have the possibility to decide on the most appropriate implementation options for financial instruments in order to address the specific needs of target regions.

| (44) | In full respect of the applicable State aid and public procurement rules already clarified during the 2014-2020 programming period, the managing authorities should have the possibility to decide on the most appropriate implementation options for financial instruments in order to address the specific needs of target regions.
  In this framework, the Commission should, in cooperation with the European Court of Auditors, give guidance to auditors, managing authorities and beneficiaries for assessing compliance with state aid and developing state aid schemes. |
| --- | --- |

(44)

In full respect of the applicable State aid and public procurement rules already clarified during the 2014-2020 programming period, the managing authorities should have the possibility to decide on the most appropriate implementation options for financial instruments in order to address the specific needs of target regions.
  In this framework, the Commission should, in cooperation with the European Court of Auditors, give guidance to auditors, managing authorities and beneficiaries for assessing compliance with state aid and developing state aid schemes.

Amendment 35

Proposal for a regulation

Recital 45 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (45a) | In order to increase accountability and transparency, the Commission should provide for a complaints-handling system accessible to all citizens and stakeholders at all stages of preparation and implementation of programmes including monitoring and evaluation. |

Text proposed by the Commission

Amendment

(45a)

In order to increase accountability and transparency, the Commission should provide for a complaints-handling system accessible to all citizens and stakeholders at all stages of preparation and implementation of programmes including monitoring and evaluation.

Amendment 36

Proposal for a regulation

Recital 46

| Text proposed by the Commission | Amendment |
| --- | --- |
| (46) | In order to hasten the start of programme implementation, the roll-over of implementation arrangements from the previous programming period should be facilitated. The use of the computerised system already established for the previous programming period, adapted as required, should be maintained, unless a new technology is necessary. |

Text proposed by the Commission

Amendment

(46)

In order to hasten the start of programme implementation, the roll-over of implementation arrangements from the previous programming period should be facilitated. The use of the computerised system already established for the previous programming period, adapted as required, should be maintained, unless a new technology is necessary.

| (46) | In order to hasten the start of programme implementation, the roll-over of implementation arrangements
  , including administrative and IT systems,
  from the previous programming period should be facilitated
  where possible
  . The use of the computerised system already established for the previous programming period, adapted as required, should be maintained, unless a new technology is necessary. |
| --- | --- |

(46)

In order to hasten the start of programme implementation, the roll-over of implementation arrangements
  , including administrative and IT systems,
  from the previous programming period should be facilitated
  where possible
  . The use of the computerised system already established for the previous programming period, adapted as required, should be maintained, unless a new technology is necessary.

Amendment 37

Proposal for a regulation

Recital 48 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (48 a) | To support the effective use of the Funds, the EIB support should be available to all Member States at their request. This could cover capacity building, support for project identification, preparation and implementation, as well as advice on financial instruments and investment platforms. |

Text proposed by the Commission

Amendment

(48 a)

To support the effective use of the Funds, the EIB support should be available to all Member States at their request. This could cover capacity building, support for project identification, preparation and implementation, as well as advice on financial instruments and investment platforms.

Amendment 38

Proposal for a regulation

Recital 50

| Text proposed by the Commission | Amendment |
| --- | --- |
| (50) | To ensure an appropriate balance between the effective and efficient implementation of the Funds and the related administrative costs and burdens, the frequency, scope and coverage of management verifications should be based on a risk assessment that takes account of factors such as the type of operations implemented, the beneficiaries as well as the level of risk identified by previous management verifications and audits. |

Text proposed by the Commission

Amendment

(50)

To ensure an appropriate balance between the effective and efficient implementation of the Funds and the related administrative costs and burdens, the frequency, scope and coverage of management verifications should be based on a risk assessment that takes account of factors such as the type of operations implemented, the beneficiaries as well as the level of risk identified by previous management verifications and audits.

| (50) | To ensure an appropriate balance between the effective and efficient implementation of the Funds and the related administrative costs and burdens, the frequency, scope and coverage of management verifications should be based on a risk assessment that takes account of factors such as the type of operations implemented, the
  complexity and number of operations, the
  beneficiaries as well as the level of risk identified by previous management verifications and audits.
  Management and control measures for the Funds should be proportionate to the level of risk to the Union budget. |
| --- | --- |

(50)

To ensure an appropriate balance between the effective and efficient implementation of the Funds and the related administrative costs and burdens, the frequency, scope and coverage of management verifications should be based on a risk assessment that takes account of factors such as the type of operations implemented, the
  complexity and number of operations, the
  beneficiaries as well as the level of risk identified by previous management verifications and audits.
  Management and control measures for the Funds should be proportionate to the level of risk to the Union budget.

Amendment 39

Proposal for a regulation

Recital 58

| Text proposed by the Commission | Amendment |
| --- | --- |
| (58) | Member States should also prevent, detect and deal effectively with any irregularities including fraud committed by beneficiaries. Moreover, in accordance with Regulation (EU, Euratom) No 883/2013 (18), and Regulations (Euratom, EC) No 2988/95 (19) and No 2185/96 (20) the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939 (21), the European Public Prosecutor's Office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 (22) on the fight against fraud to the Union's financial interests by means of criminal law. Member States should take the necessary measures so that any person or entity receiving Union funds fully cooperates in the protection of the Union’s financial interests, grants the necessary rights and access to the Commission, the European Anti-Fraud Office (OLAF), the European Public Prosecutor's Office (EPPO) and the European Court of Auditors (ECA) and ensures that any third parties involved in the implementation of Union funds grant equivalent rights. Member States should report to the Commission on detected irregularities including fraud, and on their follow-up as well as on the follow-up of OLAF investigations. |

Text proposed by the Commission

Amendment

(58)

Member States should also prevent, detect and deal effectively with any irregularities including fraud committed by beneficiaries. Moreover, in accordance with Regulation (EU, Euratom) No 883/2013 (18), and Regulations (Euratom, EC) No 2988/95 (19) and No 2185/96 (20) the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939 (21), the European Public Prosecutor's Office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 (22) on the fight against fraud to the Union's financial interests by means of criminal law. Member States should take the necessary measures so that any person or entity receiving Union funds fully cooperates in the protection of the Union’s financial interests, grants the necessary rights and access to the Commission, the European Anti-Fraud Office (OLAF), the European Public Prosecutor's Office (EPPO) and the European Court of Auditors (ECA) and ensures that any third parties involved in the implementation of Union funds grant equivalent rights. Member States should report to the Commission on detected irregularities including fraud, and on their follow-up as well as on the follow-up of OLAF investigations.

| (58) | Member States should also prevent, detect and deal effectively with any irregularities including fraud committed by beneficiaries. Moreover, in accordance with Regulation (EU, Euratom) No 883/2013 (18), and Regulations (Euratom, EC) No 2988/95 (19) and No 2185/96 (20) the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939 (21), the European Public Prosecutor's Office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 (22) on the fight against fraud to the Union's financial interests by means of criminal law. Member States should take the necessary measures so that any person or entity receiving Union funds fully cooperates in the protection of the Union’s financial interests, grants the necessary rights and access to the Commission, the European Anti-Fraud Office (OLAF), the European Public Prosecutor's Office (EPPO) and the European Court of Auditors (ECA) and ensures that any third parties involved in the implementation of Union funds grant equivalent rights. Member States should
  provide a detailed
  report to the Commission on detected irregularities including fraud, and on their follow-up as well as on the follow-up of OLAF investigations.
  Member States that do not participate in the enhanced cooperation with the EPPO should report to the Commission on decisions taken by national prosecution authorities in relation to cases of irregularities affecting the Union budget. |
| --- | --- |

(58)

Member States should also prevent, detect and deal effectively with any irregularities including fraud committed by beneficiaries. Moreover, in accordance with Regulation (EU, Euratom) No 883/2013 (18), and Regulations (Euratom, EC) No 2988/95 (19) and No 2185/96 (20) the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939 (21), the European Public Prosecutor's Office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 (22) on the fight against fraud to the Union's financial interests by means of criminal law. Member States should take the necessary measures so that any person or entity receiving Union funds fully cooperates in the protection of the Union’s financial interests, grants the necessary rights and access to the Commission, the European Anti-Fraud Office (OLAF), the European Public Prosecutor's Office (EPPO) and the European Court of Auditors (ECA) and ensures that any third parties involved in the implementation of Union funds grant equivalent rights. Member States should
  provide a detailed
  report to the Commission on detected irregularities including fraud, and on their follow-up as well as on the follow-up of OLAF investigations.
  Member States that do not participate in the enhanced cooperation with the EPPO should report to the Commission on decisions taken by national prosecution authorities in relation to cases of irregularities affecting the Union budget.

Amendment 40

Proposal for a regulation

Recital 61

| Text proposed by the Commission | Amendment |
| --- | --- |
| (61) | Objective criteria should be established for designating eligible regions and areas for support from the Funds. To this end, the identification of the regions and areas at Union level should be based on the common system of classification of the regions established by Regulation (EC) No 1059/2003 of the European Parliament and the Council (23), as amended by Commission Regulation (EU)
  No 868/2014

   (24). |

Text proposed by the Commission

Amendment

(61)

Objective criteria should be established for designating eligible regions and areas for support from the Funds. To this end, the identification of the regions and areas at Union level should be based on the common system of classification of the regions established by Regulation (EC) No 1059/2003 of the European Parliament and the Council (23), as amended by Commission Regulation (EU)
  No 868/2014

   (24).

| (61) | Objective criteria should be established for designating eligible regions and areas for support from the Funds. To this end, the identification of the regions and areas at Union level should be based on the common system of classification of the regions established by Regulation (EC) No 1059/2003 of the European Parliament and the Council (23), as
  most recently
  amended by Commission Regulation (EU)
  2016/2066

   (24). |
| --- | --- |

(61)

Objective criteria should be established for designating eligible regions and areas for support from the Funds. To this end, the identification of the regions and areas at Union level should be based on the common system of classification of the regions established by Regulation (EC) No 1059/2003 of the European Parliament and the Council (23), as
  most recently
  amended by Commission Regulation (EU)
  2016/2066

   (24).

Amendment 41

Proposal for a regulation

Recital 62

| Text proposed by the Commission | Amendment |
| --- | --- |
| (62) | In order to set out an appropriate financial framework for the ERDF, the ESF+ and the Cohesion Fund, the Commission should set out the annual breakdown of available allocations per Member State under the Investment for jobs and growth goal together with the list of eligible regions, as well as the allocations for the European territorial cooperation goal (Interreg). Taking into account that the national allocations of Member States should be established on the basis of the statistical data and forecasts available in 2018 and given the forecasting uncertainties, the Commission should review the total allocations of all Member States in 2024 on the basis of the most recent statistics available at the time and, where there is a cumulative divergence of more than +/- 5 %, it should adjust those allocations for the years 2025 to 2027 in order for the outcomes of the mid-term review and the technical adjustment exercise to be reflected in programme amendments at the same time. |

Text proposed by the Commission

Amendment

(62)

In order to set out an appropriate financial framework for the ERDF, the ESF+ and the Cohesion Fund, the Commission should set out the annual breakdown of available allocations per Member State under the Investment for jobs and growth goal together with the list of eligible regions, as well as the allocations for the European territorial cooperation goal (Interreg). Taking into account that the national allocations of Member States should be established on the basis of the statistical data and forecasts available in 2018 and given the forecasting uncertainties, the Commission should review the total allocations of all Member States in 2024 on the basis of the most recent statistics available at the time and, where there is a cumulative divergence of more than +/- 5 %, it should adjust those allocations for the years 2025 to 2027 in order for the outcomes of the mid-term review and the technical adjustment exercise to be reflected in programme amendments at the same time.

| (62) | In order to set out an appropriate financial framework for the ERDF, the ESF+
  , the EMFF
  and the Cohesion Fund, the Commission should set out the annual breakdown of available allocations per Member State under the Investment for jobs and growth goal together with the list of eligible regions, as well as the allocations for the European territorial cooperation goal (Interreg). Taking into account that the national allocations of Member States should be established on the basis of the statistical data and forecasts available in 2018 and given the forecasting uncertainties, the Commission should review the total allocations of all Member States in 2024 on the basis of the most recent statistics available at the time and, where there is a cumulative divergence of more than +/- 5 %, it should adjust those allocations for the years 2025 to 2027 in order for the outcomes of the mid-term review and the technical adjustment exercise to be reflected in programme amendments at the same time. |
| --- | --- |

(62)

In order to set out an appropriate financial framework for the ERDF, the ESF+
  , the EMFF
  and the Cohesion Fund, the Commission should set out the annual breakdown of available allocations per Member State under the Investment for jobs and growth goal together with the list of eligible regions, as well as the allocations for the European territorial cooperation goal (Interreg). Taking into account that the national allocations of Member States should be established on the basis of the statistical data and forecasts available in 2018 and given the forecasting uncertainties, the Commission should review the total allocations of all Member States in 2024 on the basis of the most recent statistics available at the time and, where there is a cumulative divergence of more than +/- 5 %, it should adjust those allocations for the years 2025 to 2027 in order for the outcomes of the mid-term review and the technical adjustment exercise to be reflected in programme amendments at the same time.

Amendment 42

Proposal for a regulation

Recital 63

| Text proposed by the Commission | Amendment |
| --- | --- |
| (63) | Trans-European transport networks projects in accordance with Regulation (EU) No [new CEF Regulation] (25) will continue to be financed from the Cohesion Fund via both shared management and the direct implementation mode under the Connecting Europe Facility (‘CEF’). Building on the successful approach of the 2014-2020 programming period, EUR
  10 000 000 000
  of the Cohesion Fund should be transferred to the CEF for this purpose. |

Text proposed by the Commission

Amendment

(63)

Trans-European transport networks projects in accordance with Regulation (EU) No [new CEF Regulation] (25) will continue to be financed from the Cohesion Fund via both shared management and the direct implementation mode under the Connecting Europe Facility (‘CEF’). Building on the successful approach of the 2014-2020 programming period, EUR
  10 000 000 000
  of the Cohesion Fund should be transferred to the CEF for this purpose.

| (63) | Trans-European transport networks projects in accordance with Regulation (EU) No [new CEF Regulation] (25) will continue to be financed from the Cohesion Fund via both shared management and the direct implementation mode under the Connecting Europe Facility (‘CEF’). Building on the successful approach of the 2014-2020 programming period, EUR
  4 000 000 000
  of the Cohesion Fund should be transferred to the CEF for this purpose. |
| --- | --- |

(63)

Trans-European transport networks projects in accordance with Regulation (EU) No [new CEF Regulation] (25) will continue to be financed from the Cohesion Fund via both shared management and the direct implementation mode under the Connecting Europe Facility (‘CEF’). Building on the successful approach of the 2014-2020 programming period, EUR
  4 000 000 000
  of the Cohesion Fund should be transferred to the CEF for this purpose.

Amendment 43

Proposal for a regulation

Recital 64

| Text proposed by the Commission | Amendment |
| --- | --- |
| (64) | A certain amount of the resources from ERDF, the ESF+ and the Cohesion Fund should be allocated to the European Urban Initiative which should be implemented through direct or indirect management by the Commission. |

Text proposed by the Commission

Amendment

(64)

A certain amount of the resources from ERDF, the ESF+ and the Cohesion Fund should be allocated to the European Urban Initiative which should be implemented through direct or indirect management by the Commission.

| (64) | A certain amount of the resources from ERDF, the ESF+ and the Cohesion Fund should be allocated to the European Urban Initiative which should be implemented through direct or indirect management by the Commission.
  Further reflection should be carried out in future on the specific support which is provided for disadvantaged regions and communities. |
| --- | --- |

(64)

A certain amount of the resources from ERDF, the ESF+ and the Cohesion Fund should be allocated to the European Urban Initiative which should be implemented through direct or indirect management by the Commission.
  Further reflection should be carried out in future on the specific support which is provided for disadvantaged regions and communities.

Amendment 44

Proposal for a regulation

Recital 65 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (65a) | With a view to tackling the challenges faced by middle income regions, as described in the 7th cohesion report (low

   (1a)

  growth compared to more developed regions but also compared to less developed regions, this issue being faced especially by regions with a GDP per capita between 90 % and 100 % of the average GDP of the EU-27), ‘transition regions’ should receive adequate support and be defined as regions whose GDP per capita is between 75 % and 100 % of the average GDP of the EU-27. |

Text proposed by the Commission

Amendment

(65a)

With a view to tackling the challenges faced by middle income regions, as described in the 7th cohesion report (low

   (1a)

  growth compared to more developed regions but also compared to less developed regions, this issue being faced especially by regions with a GDP per capita between 90 % and 100 % of the average GDP of the EU-27), ‘transition regions’ should receive adequate support and be defined as regions whose GDP per capita is between 75 % and 100 % of the average GDP of the EU-27.

Amendment 45

Proposal for a regulation

Recital 66 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (66 a) | Within the context of the UK's withdrawal from the Union, several regions and Member States will be more exposed to the consequences of this withdrawal than the others, due to their geography, nature and / or the extent of their trading links. It is therefore important to identify practical solutions for support also within the framework of cohesion policy to address the challenges for the concerned regions and Member States once the UK's withdrawal has taken place. Furthermore, a continuous cooperation, involving exchanges of information and good practices at the level of the most impacted local and regional authorities and Member States will need to be established. |

Text proposed by the Commission

Amendment

(66 a)

Within the context of the UK's withdrawal from the Union, several regions and Member States will be more exposed to the consequences of this withdrawal than the others, due to their geography, nature and / or the extent of their trading links. It is therefore important to identify practical solutions for support also within the framework of cohesion policy to address the challenges for the concerned regions and Member States once the UK's withdrawal has taken place. Furthermore, a continuous cooperation, involving exchanges of information and good practices at the level of the most impacted local and regional authorities and Member States will need to be established.

Amendment 46

Proposal for a regulation

Recital 67

| Text proposed by the Commission | Amendment |
| --- | --- |
| (67) | It is necessary to establish the maximum rates of co-financing in the area of cohesion policy by category of region in order to ensure that the principle of co-financing is respected through an appropriate level of public or private national support. Those rates should reflect the level of economic development of regions in terms of GDP per capita in relation to the EU-27 average. |

Text proposed by the Commission

Amendment

(67)

It is necessary to establish the maximum rates of co-financing in the area of cohesion policy by category of region in order to ensure that the principle of co-financing is respected through an appropriate level of public or private national support. Those rates should reflect the level of economic development of regions in terms of GDP per capita in relation to the EU-27 average.

| (67) | It is necessary to establish the maximum rates of co-financing in the area of cohesion policy by category of region in order to ensure that the principle of co-financing is respected through an appropriate level of public or private national support. Those rates should reflect the level of economic development of regions in terms of GDP per capita in relation to the EU-27 average
  , while safeguarding no less favourable treatment due to shifts in their categorisation
  . |
| --- | --- |

(67)

It is necessary to establish the maximum rates of co-financing in the area of cohesion policy by category of region in order to ensure that the principle of co-financing is respected through an appropriate level of public or private national support. Those rates should reflect the level of economic development of regions in terms of GDP per capita in relation to the EU-27 average
  , while safeguarding no less favourable treatment due to shifts in their categorisation
  .

Amendment 47

Proposal for a regulation

Recital 69

| Text proposed by the Commission | Amendment |
| --- | --- |
| (69) | In addition the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the establishment of the criteria for determining the cases of irregularities to be reported, the definition of unit costs, lump sums, flat rates and financing not linked to costs applicable to all Member States as well as the establishment of standardised off-the-shelf sampling methodologies. |

Text proposed by the Commission

Amendment

(69)

In addition the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of the establishment of the criteria for determining the cases of irregularities to be reported, the definition of unit costs, lump sums, flat rates and financing not linked to costs applicable to all Member States as well as the establishment of standardised off-the-shelf sampling methodologies.

| (69) | In addition the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of
  the amendment of the European code of conduct on partnership in order to adapt the code to this Regulation,
  the establishment of the criteria for determining the cases of irregularities to be reported, the definition of unit costs, lump sums, flat rates and financing not linked to costs applicable to all Member States as well as the establishment of standardised off-the-shelf sampling methodologies. |
| --- | --- |

(69)

In addition the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of
  the amendment of the European code of conduct on partnership in order to adapt the code to this Regulation,
  the establishment of the criteria for determining the cases of irregularities to be reported, the definition of unit costs, lump sums, flat rates and financing not linked to costs applicable to all Member States as well as the establishment of standardised off-the-shelf sampling methodologies.

Amendment 48

Proposal for a regulation

Recital 70

| Text proposed by the Commission | Amendment |
| --- | --- |
| (70) | It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |

Text proposed by the Commission

Amendment

(70)

It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

| (70) | It is of particular importance that the Commission carry out appropriate
  , transparent
  consultations
  with all interested parties
  during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
| --- | --- |

(70)

It is of particular importance that the Commission carry out appropriate
  , transparent
  consultations
  with all interested parties
  during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 49

Proposal for a regulation

Recital 73

| Text proposed by the Commission | Amendment |
| --- | --- |
| (73) | The objectives of this Regulation, namely to strengthen economic, social and territorial cohesion and to lay down common financial rules for part of the budget of the Union implemented under shared management, cannot be sufficiently achieved by the Member States by reason on the one hand due to the extent of the disparities between the levels of development of the various regions and the
  backwardness of
  the least favoured regions, as well as the limit on the financial resources of the Member States and regions and on the other hand due to the need for a coherent implementation framework covering several Union funds under shared management. Since those objectives can therefore rather 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 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |

Text proposed by the Commission

Amendment

(73)

The objectives of this Regulation, namely to strengthen economic, social and territorial cohesion and to lay down common financial rules for part of the budget of the Union implemented under shared management, cannot be sufficiently achieved by the Member States by reason on the one hand due to the extent of the disparities between the levels of development of the various regions and the
  backwardness of
  the least favoured regions, as well as the limit on the financial resources of the Member States and regions and on the other hand due to the need for a coherent implementation framework covering several Union funds under shared management. Since those objectives can therefore rather 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 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

| (73) | The objectives of this Regulation, namely to strengthen economic, social and territorial cohesion and to lay down common financial rules for part of the budget of the Union implemented under shared management, cannot be sufficiently achieved by the Member States by reason on the one hand due to the extent of the disparities between the levels of development of the various regions and the
  specific challenges faced by
  the least favoured regions, as well as the limit on the financial resources of the Member States and regions and on the other hand due to the need for a coherent implementation framework covering several Union funds under shared management. Since those objectives can therefore rather 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 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(73)

The objectives of this Regulation, namely to strengthen economic, social and territorial cohesion and to lay down common financial rules for part of the budget of the Union implemented under shared management, cannot be sufficiently achieved by the Member States by reason on the one hand due to the extent of the disparities between the levels of development of the various regions and the
  specific challenges faced by
  the least favoured regions, as well as the limit on the financial resources of the Member States and regions and on the other hand due to the need for a coherent implementation framework covering several Union funds under shared management. Since those objectives can therefore rather 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 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Amendment 50

Proposal for a regulation

Article 1 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | financial rules for the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’), the Cohesion Fund,, the European Maritime and Fisheries Fund (‘EMFF’), the Asylum and Migration Fund (‘AMIF’), the Internal Security Fund (‘ISF’) and the Border Management and Visa Instrument (‘BMVI’) (‘the Funds’); |

Text proposed by the Commission

Amendment

(a)

financial rules for the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’), the Cohesion Fund,, the European Maritime and Fisheries Fund (‘EMFF’), the Asylum and Migration Fund (‘AMIF’), the Internal Security Fund (‘ISF’) and the Border Management and Visa Instrument (‘BMVI’) (‘the Funds’);

| (a) | financial rules for the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’), the Cohesion Fund,
  the European Agricultural Fund for Rural Development (‘EAFRD’)
  , the European Maritime and Fisheries Fund (‘EMFF’), the Asylum and Migration Fund (‘AMIF’), the Internal Security Fund (‘ISF’) and the Border Management and Visa Instrument (‘BMVI’) (‘the Funds’); |
| --- | --- |

(a)

financial rules for the European Regional Development Fund (‘ERDF’), the European Social Fund Plus (‘ESF+’), the Cohesion Fund,
  the European Agricultural Fund for Rural Development (‘EAFRD’)
  , the European Maritime and Fisheries Fund (‘EMFF’), the Asylum and Migration Fund (‘AMIF’), the Internal Security Fund (‘ISF’) and the Border Management and Visa Instrument (‘BMVI’) (‘the Funds’);

Amendment 431

Proposal for a regulation

Article 1 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | common provisions applicable to the ERDF, the ESF+, the Cohesion Fund and the EMFF. |

Text proposed by the Commission

Amendment

(b)

common provisions applicable to the ERDF, the ESF+, the Cohesion Fund and the EMFF.

| (b) | common provisions applicable to the ERDF, the ESF+, the Cohesion Fund and the EMFF
  , and to the EAFRD as prescribed in paragraph 1a of this Article
  . |
| --- | --- |

(b)

common provisions applicable to the ERDF, the ESF+, the Cohesion Fund and the EMFF
  , and to the EAFRD as prescribed in paragraph 1a of this Article
  .

Amendment 432

Proposal for a regulation

Article 1 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Title I, Chapter I — Article 2- paragraph 4 a, Chapter II — Article 5, Title III, Chapter II — Articles 22 to 28 and Title IV — Chapter III — Section I- Articles 41 to 43 shall apply to aid measures financed by the EAFRD and Title I- Chapter 1 — Article 2- paragraphs 15 to 25 , as well as Title V- Chapter II — Section II — Articles 52 to 56 shall apply to financial instruments provided for in Article 74 of Regulation (EU) .../... [CAP Strategic Plans Regulation] and supported under the EAFRD. |

Text proposed by the Commission

Amendment

1a.
     
  Title I, Chapter I — Article 2- paragraph 4 a, Chapter II — Article 5, Title III, Chapter II — Articles 22 to 28 and Title IV — Chapter III — Section I- Articles 41 to 43 shall apply to aid measures financed by the EAFRD and Title I- Chapter 1 — Article 2- paragraphs 15 to 25 , as well as Title V- Chapter II — Section II — Articles 52 to 56 shall apply to financial instruments provided for in Article 74 of Regulation (EU) .../... [CAP Strategic Plans Regulation] and supported under the EAFRD.

Amendment 54

Amendment 54

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 1

Article 2 — paragraph 1 — point 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | ‘relevant country specific recommendations’ mean Council recommendations adopted in accordance with
  Article 121(2)
  and Article 148(4) of the TFEU relating to structural challenges which it is appropriate to address through multiannual investments that fall within the scope of the Funds as set out in Fund-specific Regulations, and relevant recommendations adopted in accordance with Article [XX] of Regulation (EU) [number of the new Energy Union Governance Regulation] of the European Parliament and of the Council; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(1)

‘relevant country specific recommendations’ mean Council recommendations adopted in accordance with
  Article 121(2)
  and Article 148(4) of the TFEU relating to structural challenges which it is appropriate to address through multiannual investments that fall within the scope of the Funds as set out in Fund-specific Regulations, and relevant recommendations adopted in accordance with Article [XX] of Regulation (EU) [number of the new Energy Union Governance Regulation] of the European Parliament and of the Council;

Article 121(2)

| (1) | ‘relevant country specific recommendations’ mean Council recommendations adopted in accordance with
  Articles 121(2) and (4)
  and Article 148(4) of the TFEU relating to structural challenges which it is appropriate to address through multiannual investments that fall within the scope of the Funds as set out in Fund-specific Regulations, and relevant recommendations adopted in accordance with Article [XX] of Regulation (EU) [number of the new Energy Union Governance Regulation] of the European Parliament and of the Council; |
| --- | --- |

(1)

‘relevant country specific recommendations’ mean Council recommendations adopted in accordance with
  Articles 121(2) and (4)
  and Article 148(4) of the TFEU relating to structural challenges which it is appropriate to address through multiannual investments that fall within the scope of the Funds as set out in Fund-specific Regulations, and relevant recommendations adopted in accordance with Article [XX] of Regulation (EU) [number of the new Energy Union Governance Regulation] of the European Parliament and of the Council;

Articles 121(2) and (4)

Amendment 55

Amendment 55

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 1 a (new)

Article 2 — paragraph 1 — point 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1 a) | ‘enabling condition’ means a concrete and precisely defined condition which has a genuine link to a direct impact on the effective and efficient achievement of a specific objective of the programme; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(1 a)

(1 a)

‘enabling condition’ means a concrete and precisely defined condition which has a genuine link to a direct impact on the effective and efficient achievement of a specific objective of the programme;

Amendment 56

Amendment 56

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 4 a (new)

Article 2 — paragraph 1 — point 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4 a) | ‘programme’ in the context of the EAFRD means the CAP Strategic Plans as referred to in Regulation (EU) [...] (the ‘CAP Strategic Plans Regulation’); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(4 a)

(4 a)

‘programme’ in the context of the EAFRD means the CAP Strategic Plans as referred to in Regulation (EU) [...] (the ‘CAP Strategic Plans Regulation’);

Amendment 57

Amendment 57

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 8 — point c

Article 2 — paragraph 1 — point 8 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | in the context of State aid schemes, the undertaking which receives the aid; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

in the context of State aid schemes, the undertaking which receives the aid;

| (c) | in the context of State aid schemes, the
  body or the
  undertaking
  , as appropriate,
  which receives the aid
  , except where the aid per undertaking is less than EUR 200 000 , in which case the Member State concerned may decide that the beneficiary is the body granting the aid, without prejudice to Commission Regulations (EU) No 1407/2013

   (1a)

  , (EU) No 1408/2013

   (1b)

  and (EU) No 717/2014

   (1c); |
| --- | --- |

(c)

in the context of State aid schemes, the
  body or the
  undertaking
  , as appropriate,
  which receives the aid
  , except where the aid per undertaking is less than EUR 200 000 , in which case the Member State concerned may decide that the beneficiary is the body granting the aid, without prejudice to Commission Regulations (EU) No 1407/2013

   (1a)

  , (EU) No 1408/2013

   (1b)

  and (EU) No 717/2014

   (1c);

body or the

, as appropriate,

, except where the aid per undertaking is less than EUR 200 000 , in which case the Member State concerned may decide that the beneficiary is the body granting the aid, without prejudice to Commission Regulations (EU) No 1407/2013

1a

, (EU) No 1408/2013

1b

and (EU) No 717/2014

1c

Amendment 58

Amendment 58

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 9

Article 2 — paragraph 1 — point 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | ‘small project fund’ means an operation in an Interreg programme aimed at the selection and implementation of projects of limited financial volume; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(9)

‘small project fund’ means an operation in an Interreg programme aimed at the selection and implementation of projects of limited financial volume;

| (9) | ‘small project fund’ means an operation in an Interreg programme aimed at the selection and implementation of
  projects, including people-to-people
  projects of limited financial volume; |
| --- | --- |

(9)

‘small project fund’ means an operation in an Interreg programme aimed at the selection and implementation of
  projects, including people-to-people
  projects of limited financial volume;

projects, including people-to-people

Amendment 59

Amendment 59

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 21

Article 2 — paragraph 1 — point 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (21) | ‘specific fund’ means a fund
  , set-up
  by a managing authority or a holding fund
  , to
  provide financial products to final recipients; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(21)

‘specific fund’ means a fund
  , set-up
  by a managing authority or a holding fund
  , to
  provide financial products to final recipients;

, set-up

, to

| (21) | ‘specific fund’ means a fund
  set up
  by a managing authority or a holding fund
  through which they
  provide financial products to final recipients; |
| --- | --- |

(21)

‘specific fund’ means a fund
  set up
  by a managing authority or a holding fund
  through which they
  provide financial products to final recipients;

set up

through which they

Amendment 60

Amendment 60

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 36 a (new)

Article 2 — paragraph 1 — point 36 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (36a) | ‘energy efficiency first principle’ means the prioritisation, in energy planning, policy and investment decisions, of measures that make the demand and supply of energy more efficient; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(36a)

(36a)

‘energy efficiency first principle’ means the prioritisation, in energy planning, policy and investment decisions, of measures that make the demand and supply of energy more efficient;

Amendment 61

Amendment 61

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 37

Article 2 — paragraph 1 — point 37

| Text proposed by the Commission | Amendment |
| --- | --- |
| (37) | ‘climate proofing’ means a process to ensure that infrastructure is resilient to the adverse impacts of the climate in accordance with national rules and guidance, where available,
  or internationally recognised standards. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(37)

‘climate proofing’ means a process to ensure that infrastructure is resilient to the adverse impacts of the climate in accordance with national rules and guidance, where available,
  or internationally recognised standards.

or internationally recognised standards.

| (37) | ‘climate proofing’ means a process to ensure that infrastructure is resilient to the adverse impacts of the climate in accordance with
  internationally recognised standards or
  national rules and guidance, where available,
  that the energy efficiency first principle is respected and that specific emission reduction and decarbonisation pathways are chosen; |
| --- | --- |

(37)

‘climate proofing’ means a process to ensure that infrastructure is resilient to the adverse impacts of the climate in accordance with
  internationally recognised standards or
  national rules and guidance, where available,
  that the energy efficiency first principle is respected and that specific emission reduction and decarbonisation pathways are chosen;

internationally recognised standards or

that the energy efficiency first principle is respected and that specific emission reduction and decarbonisation pathways are chosen;

Amendment 62

Amendment 62

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 37 a (new)

Article 2 — paragraph 1 — point 37 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (37a) | ‘EIB’ means the European Investment Bank, the European Investment Fund or any subsidiary of the European Investment Bank. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(37a)

(37a)

‘EIB’ means the European Investment Bank, the European Investment Fund or any subsidiary of the European Investment Bank.

Amendment 63

Amendment 63

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point a

Article 4 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | a smarter Europe by promoting innovative and smart economic transformation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

a smarter Europe by promoting innovative and smart economic transformation;

| (a) | a
  more competitive and
  smarter Europe by promoting innovative and smart economic transformation
  and strengthening small and medium-sized enterprises
  ; |
| --- | --- |

(a)

a
  more competitive and
  smarter Europe by promoting innovative and smart economic transformation
  and strengthening small and medium-sized enterprises
  ;

more competitive and

and strengthening small and medium-sized enterprises

Amendment 64

Amendment 64

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point b

Article 4 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | a greener, low-carbon Europe by promoting clean and fair energy transition, green and blue investment, the circular economy, climate adaptation and risk prevention and management; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

a greener, low-carbon Europe by promoting clean and fair energy transition, green and blue investment, the circular economy, climate adaptation and risk prevention and management;

| (b) | a greener, low-carbon
  transitioning towards a net zero carbon economy and resilient
  Europe by promoting clean and fair energy transition, green and blue investment, the circular economy, climate
  change mitigation and
  adaptation and risk prevention and management; |
| --- | --- |

(b)

a greener, low-carbon
  transitioning towards a net zero carbon economy and resilient
  Europe by promoting clean and fair energy transition, green and blue investment, the circular economy, climate
  change mitigation and
  adaptation and risk prevention and management;

transitioning towards a net zero carbon economy and resilient

change mitigation and

Amendment 65

Amendment 65

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point c

Article 4 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | a more connected Europe by enhancing mobility and regional ICT connectivity; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

a more connected Europe by enhancing mobility and regional ICT connectivity;

| (c) | a more connected Europe by enhancing mobility
  , including smart and sustainable mobility,
  and regional ICT connectivity; |
| --- | --- |

(c)

a more connected Europe by enhancing mobility
  , including smart and sustainable mobility,
  and regional ICT connectivity;

, including smart and sustainable mobility,

Amendment 66

Amendment 66

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point d

Article 4 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | a more social Europe implementing the European Pillar of Social Rights; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

a more social Europe implementing the European Pillar of Social Rights;

| (d) | a more social
  and inclusive
  Europe implementing the European Pillar of Social Rights; |
| --- | --- |

(d)

a more social
  and inclusive
  Europe implementing the European Pillar of Social Rights;

and inclusive

Amendment 67

Amendment 67

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — point e

Article 4 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | a Europe closer to citizens by fostering the sustainable and integrated development of
  urban, rural and coastal
  areas and local initiatives. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

a Europe closer to citizens by fostering the sustainable and integrated development of
  urban, rural and coastal
  areas and local initiatives.

urban, rural and coastal

| (e) | a Europe closer to citizens by fostering the sustainable and integrated development of
  all regions,
  areas and local initiatives. |
| --- | --- |

(e)

a Europe closer to citizens by fostering the sustainable and integrated development of
  all regions,
  areas and local initiatives.

all regions,

Amendment 68

Amendment 68

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 3

Article 4 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Member States shall provide information on the support for environment and climate objectives using a methodology based on types of intervention for each of the Funds. That methodology shall consist of assigning a specific weighting to the support provided at a level which reflects the extent to which such support makes a contribution to environmental objectives and to climate objectives. In the case of the ERDF, the ESF+ and the Cohesion Fund weightings shall be attached to dimensions and codes for the types of intervention established in Annex I. | 3.   Member States
  shall ensure climate proofing for relevant operations through the entire planning and implementation process and
  shall provide information on the support for environment and climate objectives using a methodology based on types of intervention for each of the Funds. That methodology shall consist of assigning a specific weighting to the support provided at a level which reflects the extent to which such support makes a contribution to environmental objectives and to climate objectives. In the case of the ERDF, the ESF+ and the Cohesion Fund weightings shall be attached to dimensions and codes for the types of intervention established in Annex I. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Member States shall provide information on the support for environment and climate objectives using a methodology based on types of intervention for each of the Funds. That methodology shall consist of assigning a specific weighting to the support provided at a level which reflects the extent to which such support makes a contribution to environmental objectives and to climate objectives. In the case of the ERDF, the ESF+ and the Cohesion Fund weightings shall be attached to dimensions and codes for the types of intervention established in Annex I.

3.   Member States
  shall ensure climate proofing for relevant operations through the entire planning and implementation process and
  shall provide information on the support for environment and climate objectives using a methodology based on types of intervention for each of the Funds. That methodology shall consist of assigning a specific weighting to the support provided at a level which reflects the extent to which such support makes a contribution to environmental objectives and to climate objectives. In the case of the ERDF, the ESF+ and the Cohesion Fund weightings shall be attached to dimensions and codes for the types of intervention established in Annex I.

Amendment 69

Amendment 69

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 4

Article 4 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Member States and the Commission shall ensure the coordination, complementarity and coherence between the Funds and other Union instruments such as the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument. They shall optimise mechanisms for coordination between those responsible to avoid duplication during planning and implementation. | 4.   
  In accordance with their respective responsibilities and in line with the principles of subsidiarity and multilevel governance,
  Member States and the Commission shall ensure the coordination, complementarity and coherence between the Funds and other Union instruments such as the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument. They shall optimise mechanisms for coordination between those responsible
  in order
  to avoid duplication during planning and implementation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Member States and the Commission shall ensure the coordination, complementarity and coherence between the Funds and other Union instruments such as the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument. They shall optimise mechanisms for coordination between those responsible to avoid duplication during planning and implementation.

4.   
  In accordance with their respective responsibilities and in line with the principles of subsidiarity and multilevel governance,
  Member States and the Commission shall ensure the coordination, complementarity and coherence between the Funds and other Union instruments such as the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument. They shall optimise mechanisms for coordination between those responsible
  in order
  to avoid duplication during planning and implementation.

Amendment 70

Amendment 70

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 4 a (new)

Article 4 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4 a.
     
  Member States and the Commission shall ensure compliance with relevant State aid rules. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4 a.
     
  Member States and the Commission shall ensure compliance with relevant State aid rules.

Amendment 71

Amendment 71

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 1

Article 5 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Member States and the Commission shall implement the budget of the Union allocated to the Funds under shared management in accordance with Article [63] of Regulation (EU, Euratom) [number of the new financial regulation] (the ‘Financial Regulation’). | 1.   The Member States
  , in accordance with their institutional and legal framework,
  and the Commission shall implement the budget of the Union allocated to the Funds under shared management in accordance with Article [63] of Regulation (EU, Euratom) [number of the new financial regulation] (the ‘Financial Regulation’). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The Member States and the Commission shall implement the budget of the Union allocated to the Funds under shared management in accordance with Article [63] of Regulation (EU, Euratom) [number of the new financial regulation] (the ‘Financial Regulation’).

1.   The Member States
  , in accordance with their institutional and legal framework,
  and the Commission shall implement the budget of the Union allocated to the Funds under shared management in accordance with Article [63] of Regulation (EU, Euratom) [number of the new financial regulation] (the ‘Financial Regulation’).

Amendment 72

Amendment 72

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 2

Article 5 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   
  However
  , the Commission shall implement the amount of support from the Cohesion Fund transferred to the Connecting Europe Facility (‘CEF’), the European Urban Initiative, Interregional Innovative Investments, the amount of support transferred from the ESF+ to transnational cooperation, the amounts contributed to InvestEU (37) and technical assistance at the initiative of the Commission under direct or indirect management in accordance with [points (a) and (c) of Article 62(1)] of the Financial Regulation. | 2.   
  Without prejudice to Article 1(2)
  , the Commission shall implement the amount of support from the Cohesion Fund transferred to the Connecting Europe Facility (‘CEF’), the European Urban Initiative, Interregional Innovative Investments, the amount of support transferred from the ESF+ to transnational cooperation, the amounts contributed to InvestEU (37) and technical assistance at the initiative of the Commission under direct or indirect management in accordance with [points (a) and (c) of Article 62(1)] of the Financial Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   
  However
  , the Commission shall implement the amount of support from the Cohesion Fund transferred to the Connecting Europe Facility (‘CEF’), the European Urban Initiative, Interregional Innovative Investments, the amount of support transferred from the ESF+ to transnational cooperation, the amounts contributed to InvestEU (37) and technical assistance at the initiative of the Commission under direct or indirect management in accordance with [points (a) and (c) of Article 62(1)] of the Financial Regulation.

2.   
  Without prejudice to Article 1(2)
  , the Commission shall implement the amount of support from the Cohesion Fund transferred to the Connecting Europe Facility (‘CEF’), the European Urban Initiative, Interregional Innovative Investments, the amount of support transferred from the ESF+ to transnational cooperation, the amounts contributed to InvestEU (37) and technical assistance at the initiative of the Commission under direct or indirect management in accordance with [points (a) and (c) of Article 62(1)] of the Financial Regulation.

Amendment 73

Amendment 73

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 3

Article 5 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Commission may implement outermost regions' cooperation under the European territorial cooperation goal (Interreg) under indirect management. | 3.   The Commission may
  , with the agreement of the Member State and the region concerned,
   implement outermost regions' cooperation under the European territorial cooperation goal (Interreg) under indirect management. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The Commission may implement outermost regions' cooperation under the European territorial cooperation goal (Interreg) under indirect management.

3.   The Commission may
  , with the agreement of the Member State and the region concerned,
   implement outermost regions' cooperation under the European territorial cooperation goal (Interreg) under indirect management.

Amendment 74

Amendment 74

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — introductory part

Article 6 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Each Member State shall organise a partnership
  with the competent regional and local authorities
  . That partnership shall include at least the following partners: | 1.   
  For the Partnership Agreement and each programme,
  each Member State shall
  , in accordance with its institutional and legal framework,
  organise a 
  fully -fledged, effective
  partnership. That partnership shall include at least the following partners: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Each Member State shall organise a partnership
  with the competent regional and local authorities
  . That partnership shall include at least the following partners:

1.   
  For the Partnership Agreement and each programme,
  each Member State shall
  , in accordance with its institutional and legal framework,
  organise a 
  fully -fledged, effective
  partnership. That partnership shall include at least the following partners:

Amendment 75

Amendment 75

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point a

Article 6 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | urban and other public authorities; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

urban and other public authorities;

| (a) | regional, local,
  urban and other public authorities; |
| --- | --- |

(a)

regional, local,
  urban and other public authorities;

regional, local,

Amendment 76

Amendment 76

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point c

Article 6 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | relevant bodies representing civil society, environmental partners, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

relevant bodies representing civil society, environmental partners, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination.

| (c) | relevant bodies representing civil society,
  such as
  environmental partners
  , non-governmental organisations
  , and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination. |
| --- | --- |

(c)

relevant bodies representing civil society,
  such as
  environmental partners
  , non-governmental organisations
  , and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination.

such as

, non-governmental organisations

Amendment 77

Amendment 77

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point c a (new)

Article 6 — paragraph 1 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (c a) | research institutions and universities, where appropriate. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c a)

(c a)

research institutions and universities, where appropriate.

research institutions and universities, where appropriate.

Amendments 78 and 459

Amendments 78 and 459

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 2

Article 6 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   In accordance with the multi-level governance principle, the Member State shall involve those partners in the preparation of Partnership Agreements and throughout the preparation
  and
  implementation of programmes including through participation in monitoring committees in accordance with Article 34. | 2.   In accordance with the multi-level governance principle
  and following a bottom-up approach
  , the Member State shall involve those partners in the preparation of Partnership Agreements and throughout the preparation, implementation
  and evaluation
  of programmes including through participation in monitoring committees in accordance with Article 34.
  In that context, Member States shall allocate an appropriate percentage of the resources coming from the Funds for the administrative capacity building of social partners and civil society organisations. For cross-border programmes, the Member States concerned shall include partners from all participating Member States. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   In accordance with the multi-level governance principle, the Member State shall involve those partners in the preparation of Partnership Agreements and throughout the preparation
  and
  implementation of programmes including through participation in monitoring committees in accordance with Article 34.

2.   In accordance with the multi-level governance principle
  and following a bottom-up approach
  , the Member State shall involve those partners in the preparation of Partnership Agreements and throughout the preparation, implementation
  and evaluation
  of programmes including through participation in monitoring committees in accordance with Article 34.
  In that context, Member States shall allocate an appropriate percentage of the resources coming from the Funds for the administrative capacity building of social partners and civil society organisations. For cross-border programmes, the Member States concerned shall include partners from all participating Member States.

Amendment 79

Amendment 79

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 3

Article 6 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The organisation and implementation of partnership shall be carried out in accordance with Commission Delegated Regulation (EU) No 240/2014 (38). | 3.   The organisation and implementation of partnership shall be carried out in accordance with Commission Delegated Regulation (EU) No 240/2014 (38).
  The Commission is empowered to adopt delegated acts, in accordance with Article 107, concerning amendments to Delegated Regulation (EU) No 240/2014 in order to adapt that Delegated Regulation to this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The organisation and implementation of partnership shall be carried out in accordance with Commission Delegated Regulation (EU) No 240/2014 (38).

3.   The organisation and implementation of partnership shall be carried out in accordance with Commission Delegated Regulation (EU) No 240/2014 (38).
  The Commission is empowered to adopt delegated acts, in accordance with Article 107, concerning amendments to Delegated Regulation (EU) No 240/2014 in order to adapt that Delegated Regulation to this Regulation.

Amendment 80

Amendment 80

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 4

Article 6 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   At least once a year, the Commission shall consult the organisations which represent the partners at Union level on the implementation of programmes. | 4.   At least once a year, the Commission shall consult the organisations which represent the partners at Union level on the implementation of programmes
  , and shall report to the European Parliament and Council on the outcome
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   At least once a year, the Commission shall consult the organisations which represent the partners at Union level on the implementation of programmes.

4.   At least once a year, the Commission shall consult the organisations which represent the partners at Union level on the implementation of programmes
  , and shall report to the European Parliament and Council on the outcome
  .

Amendment 81

Amendment 81

Proposal for a regulation

Proposal for a regulation

Article 6 a (new)

Article 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 6 a |
| | Horizontal Principles |
| | 1.
     
  Member States and the Commission shall ensure respect for fundamental rights and compliance with the Charter of Fundamental Rights of the European Union in the implementation of the Funds. |
| | 2.
     
  Member States and the Commission shall ensure that equality between men and women, gender mainstreaming and the integration of gender perspective are taken into account and promoted throughout the preparation and implementation of programmes, including in relation to monitoring, reporting and evaluation. |
| | 3.
     
  Member States and the Commission shall take appropriate steps to prevent any discrimination based on gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation during the preparation, implementation, monitoring, reporting and evaluation of programmes. In particular, accessibility for persons with disabilities shall be taken into account throughout the preparation and implementation of programmes. |
| | 4.
     
  The objectives of the Funds shall be pursued in line with the principle of sustainable development, taking into account the UN Sustainable Development Goals and with the Union’s promotion of the aim of preserving, protecting and improving the quality of environment and combating climate change, taking into account the polluter pays principle, as set out in Article 191(1) and (2) TFEU. |
| | Member States and the Commission shall ensure that environmental protection requirements, resource efficiency, energy efficiency first-principle, socially just energy transition, climate change mitigation and adaptation, biodiversity, disaster resilience, and risk prevention and management are promoted in the preparation and implementation of programmes. They shall aim at avoiding investments related to production, processing, distribution, storage or combustion of fossil fuels. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 6 a

Article 6 a

Horizontal Principles

Horizontal Principles

1.
     
  Member States and the Commission shall ensure respect for fundamental rights and compliance with the Charter of Fundamental Rights of the European Union in the implementation of the Funds.

2.
     
  Member States and the Commission shall ensure that equality between men and women, gender mainstreaming and the integration of gender perspective are taken into account and promoted throughout the preparation and implementation of programmes, including in relation to monitoring, reporting and evaluation.

3.
     
  Member States and the Commission shall take appropriate steps to prevent any discrimination based on gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation during the preparation, implementation, monitoring, reporting and evaluation of programmes. In particular, accessibility for persons with disabilities shall be taken into account throughout the preparation and implementation of programmes.

4.
     
  The objectives of the Funds shall be pursued in line with the principle of sustainable development, taking into account the UN Sustainable Development Goals and with the Union’s promotion of the aim of preserving, protecting and improving the quality of environment and combating climate change, taking into account the polluter pays principle, as set out in Article 191(1) and (2) TFEU.

Member States and the Commission shall ensure that environmental protection requirements, resource efficiency, energy efficiency first-principle, socially just energy transition, climate change mitigation and adaptation, biodiversity, disaster resilience, and risk prevention and management are promoted in the preparation and implementation of programmes. They shall aim at avoiding investments related to production, processing, distribution, storage or combustion of fossil fuels.

Member States and the Commission shall ensure that environmental protection requirements, resource efficiency, energy efficiency first-principle, socially just energy transition, climate change mitigation and adaptation, biodiversity, disaster resilience, and risk prevention and management are promoted in the preparation and implementation of programmes. They shall aim at avoiding investments related to production, processing, distribution, storage or combustion of fossil fuels.

Amendment 82

Amendment 82

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1

Article 7 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Each Member State shall prepare a Partnership Agreement which sets out arrangements for using the Funds in an effective and efficient way for the period from 1 January 2021 to 31 December 2027. | 1.   Each Member State shall prepare a Partnership Agreement which sets out arrangements for using the Funds in an effective and efficient way for the period from 1 January 2021 to 31 December 2027.
  Such Partnership Agreement shall be prepared in accordance with the code of conduct established by the Commission Delegated Regulation (EU) No 240/2014. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Each Member State shall prepare a Partnership Agreement which sets out arrangements for using the Funds in an effective and efficient way for the period from 1 January 2021 to 31 December 2027.

1.   Each Member State shall prepare a Partnership Agreement which sets out arrangements for using the Funds in an effective and efficient way for the period from 1 January 2021 to 31 December 2027.
  Such Partnership Agreement shall be prepared in accordance with the code of conduct established by the Commission Delegated Regulation (EU) No 240/2014.

Amendment 83

Amendment 83

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2

Article 7 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Member State shall submit the Partnership Agreement to the Commission before or at the same time as the submission of the first programme. | 2.   The Member State shall submit the Partnership Agreement to the Commission before or at the same time as the submission of the first programme
  , but not later than 30 April 2021
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Member State shall submit the Partnership Agreement to the Commission before or at the same time as the submission of the first programme.

2.   The Member State shall submit the Partnership Agreement to the Commission before or at the same time as the submission of the first programme
  , but not later than 30 April 2021
  .

Amendment 84

Amendment 84

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 3

Article 7 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Partnership Agreement may be submitted together with the relevant annual National Reform Programme. | 3.   The Partnership Agreement may be submitted together with the relevant annual National Reform Programme
  and the National Energy and Climate Plan
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The Partnership Agreement may be submitted together with the relevant annual National Reform Programme.

3.   The Partnership Agreement may be submitted together with the relevant annual National Reform Programme
  and the National Energy and Climate Plan
  .

Amendment 85

Amendment 85

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — point a

Article 8 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto,
  and where relevant, a justification for using the delivery mode of the InvestEU,
  taking into account relevant country-specific recommendations; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto,
  and where relevant, a justification for using the delivery mode of the InvestEU,
  taking into account relevant country-specific recommendations;

and where relevant, a justification for using the delivery mode of the InvestEU,

| (a) | the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto, taking into account
  and listing
  relevant country-specific recommendations
  , as well as regional challenges
  ; |
| --- | --- |

(a)

the selected policy objectives indicating by which of the Funds and programmes they will be pursued and a justification thereto, taking into account
  and listing
  relevant country-specific recommendations
  , as well as regional challenges
  ;

and listing

, as well as regional challenges

Amendment 86

Amendment 86

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — point b — point i

Article 8 — paragraph 1 — point b — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | a summary of the policy choices and the main results expected for each of the Funds
  , including where relevant, through the use of InvestEU
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

a summary of the policy choices and the main results expected for each of the Funds
  , including where relevant, through the use of InvestEU
  ;

, including where relevant, through the use of InvestEU

| (i) | a summary of the policy choices and the main results expected for each of the Funds; |
| --- | --- |

(i)

a summary of the policy choices and the main results expected for each of the Funds;

Amendment 87

Amendment 87

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — point b — point ii

Article 8 — paragraph 1 — point b — point ii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ii) | coordination, demarcation and complementarities between the Funds and, where appropriate, coordination between national and regional programmes; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ii)

coordination, demarcation and complementarities between the Funds and, where appropriate, coordination between national and regional programmes;

| (ii) | coordination, demarcation and complementarities between the Funds and, where appropriate, coordination between national and regional programmes
  , in particular with regard to CAP Strategic Plans referred to in Regulation (EU) [...] (the ‘CAP Strategic Plans Regulation’)
  ; |
| --- | --- |

(ii)

coordination, demarcation and complementarities between the Funds and, where appropriate, coordination between national and regional programmes
  , in particular with regard to CAP Strategic Plans referred to in Regulation (EU) [...] (the ‘CAP Strategic Plans Regulation’)
  ;

, in particular with regard to CAP Strategic Plans referred to in Regulation (EU) [...] (the ‘CAP Strategic Plans Regulation’)

Amendment 88

Amendment 88

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — point b — point iii

Article 8 — paragraph 1 — point b — point iii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (iii) | complementarities between the Funds and other Union instruments, including LIFE strategic integrated projects and strategic nature projects; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iii)

complementarities between the Funds and other Union instruments, including LIFE strategic integrated projects and strategic nature projects;

| (iii) | complementarities
  and synergies
  between the Funds and other Union instruments, including LIFE strategic integrated projects and strategic nature projects
  , and, where appropriate, projects funded under Horizon Europe
  ; |
| --- | --- |

(iii)

complementarities
  and synergies
  between the Funds and other Union instruments, including LIFE strategic integrated projects and strategic nature projects
  , and, where appropriate, projects funded under Horizon Europe
  ;

and synergies

, and, where appropriate, projects funded under Horizon Europe

Amendment 89

Amendment 89

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — point b — point iii a (new)

Article 8 — paragraph 1 — point b — point iii a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (iii a) | delivery on targets, policies and measures under the National Energy and Climate Plans; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iii a)

(iii a)

delivery on targets, policies and measures under the National Energy and Climate Plans;

delivery on targets, policies and measures under the National Energy and Climate Plans;

Amendment 90

Amendment 90

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — point c

Article 8 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the preliminary financial allocation from each of the Funds by policy objective at national level, respecting Fund-specific rules on thematic concentration; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

the preliminary financial allocation from each of the Funds by policy objective at national level, respecting Fund-specific rules on thematic concentration;

| (c) | the preliminary financial allocation from each of the Funds by policy objective at national
  and where appropriate at regional
  level, respecting Fund-specific rules on thematic concentration; |
| --- | --- |

(c)

the preliminary financial allocation from each of the Funds by policy objective at national
  and where appropriate at regional
  level, respecting Fund-specific rules on thematic concentration;

and where appropriate at regional

Amendment 91

Amendment 91

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — point d

Article 8 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | where relevant,
  the breakdown of financial resources by category of regions drawn up in accordance with Article 102(2) and the amounts of allocations proposed to be transferred between categories of regions pursuant to Article 105; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

where relevant,
  the breakdown of financial resources by category of regions drawn up in accordance with Article 102(2) and the amounts of allocations proposed to be transferred between categories of regions pursuant to Article 105;

where relevant,

| (d) | the breakdown of financial resources by category of regions drawn up in accordance with Article 102(2) and the amounts of allocations proposed to be transferred between categories of regions pursuant to Article 105; |
| --- | --- |

(d)

the breakdown of financial resources by category of regions drawn up in accordance with Article 102(2) and the amounts of allocations proposed to be transferred between categories of regions pursuant to Article 105;

Amendment 92

Amendment 92

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — point e

Article 8 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | the amounts to be contributed to InvestEU by Fund and by category of regions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

(e)

the amounts to be contributed to InvestEU by Fund and by category of regions;

the amounts to be contributed to InvestEU by Fund and by category of regions;

deleted

deleted

Amendment 93

Amendment 93

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — point g

Article 8 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | a summary of the actions which the Member State concerned shall take to reinforce its administrative capacity of the implementation of the Funds. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

a summary of the actions which the Member State concerned shall take to reinforce its administrative capacity of the implementation of the Funds.

| (g) | a summary of the actions which the Member State concerned shall take to reinforce its administrative capacity of the implementation of the Funds
  and its management and control system
  . |
| --- | --- |

(g)

a summary of the actions which the Member State concerned shall take to reinforce its administrative capacity of the implementation of the Funds
  and its management and control system
  .

and its management and control system

Amendment 94

Amendment 94

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — point g a (new)

Article 8 — paragraph 1 — point g a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ga) | where appropriate, an integrated approach to address the demographic challenges and/ or specific needs of regions and areas; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ga)

(ga)

where appropriate, an integrated approach to address the demographic challenges and/ or specific needs of regions and areas;

where appropriate, an integrated approach to address the demographic challenges and/ or specific needs of regions and areas;

Amendment 95

Amendment 95

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — point g b (new)

Article 8 — paragraph 1 — point g b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (g b) | a communication and visibility strategy. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g b)

(g b)

a communication and visibility strategy.

a communication and visibility strategy.

Amendment 96

Amendment 96

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 a (new)

Article 8 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The EIB may, at the request of Member States, participate in the preparation of the Partnership Agreement, as well as in activities relating to the preparation of operations, financial instruments and PPPs. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The EIB may, at the request of Member States, participate in the preparation of the Partnership Agreement, as well as in activities relating to the preparation of operations, financial instruments and PPPs.

The EIB may, at the request of Member States, participate in the preparation of the Partnership Agreement, as well as in activities relating to the preparation of operations, financial instruments and PPPs.

Amendment 97

Amendment 97

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 2

Article 8 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| With regard to the European territorial cooperation goal (Interreg), the Partnership Agreement shall only contain the list of planned programmes. | With regard to the European territorial cooperation goal (Interreg), the Partnership Agreement shall only contain the list of planned programmes
  and the cross-border investment needs in the concerned Member State
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

With regard to the European territorial cooperation goal (Interreg), the Partnership Agreement shall only contain the list of planned programmes.

With regard to the European territorial cooperation goal (Interreg), the Partnership Agreement shall only contain the list of planned programmes
  and the cross-border investment needs in the concerned Member State
  .

and the cross-border investment needs in the concerned Member State

Amendment 98

Amendment 98

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1

Article 9 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission shall assess the Partnership Agreement and its compliance with this Regulation and with the Fund-specific rules. In its assessment, the Commission shall,
  in particular,
  take into account relevant country-specific recommendations. | 1.   The Commission shall assess the Partnership Agreement and its compliance with this Regulation and with the Fund-specific rules. In its assessment, the Commission shall, take into account
  the provisions of Article 4 and 6, the
  relevant country-specific recommendations
  , as well as the measures linked to integrated national energy and climate plans and the way they are addressed
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The Commission shall assess the Partnership Agreement and its compliance with this Regulation and with the Fund-specific rules. In its assessment, the Commission shall,
  in particular,
  take into account relevant country-specific recommendations.

1.   The Commission shall assess the Partnership Agreement and its compliance with this Regulation and with the Fund-specific rules. In its assessment, the Commission shall, take into account
  the provisions of Article 4 and 6, the
  relevant country-specific recommendations
  , as well as the measures linked to integrated national energy and climate plans and the way they are addressed
  .

Amendment 99

Amendment 99

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 2

Article 9 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Commission may make observations within
  three
  months of the date of submission by the Member State of the Partnership Agreement. | 2.   The Commission may make observations within
  two
  months of the date of submission by the Member State of the Partnership Agreement. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Commission may make observations within
  three
  months of the date of submission by the Member State of the Partnership Agreement.

2.   The Commission may make observations within
  two
  months of the date of submission by the Member State of the Partnership Agreement.

Amendment 100

Amendment 100

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 3

Article 9 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Member State shall review the Partnership Agreement taking into account the observations
  made by
  the Commission. | 3.   The Member State shall review the Partnership Agreement taking into account the observations made by the Commission
  within one month of the date of their submission
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The Member State shall review the Partnership Agreement taking into account the observations
  made by
  the Commission.

3.   The Member State shall review the Partnership Agreement taking into account the observations made by the Commission
  within one month of the date of their submission
  .

Amendment 101

Amendment 101

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 4

Article 9 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The Commission shall adopt a decision by means of an implementing act approving the Partnership Agreement no later than four months after the date of submission of that Partnership Agreement by the Member State concerned. The Partnership Agreement shall not be amended. | 4.   The Commission shall adopt a decision by means of an implementing act approving the Partnership Agreement no later than four months after the date of
  the first
  submission of that Partnership Agreement by the Member State concerned. The Partnership Agreement shall not be amended. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The Commission shall adopt a decision by means of an implementing act approving the Partnership Agreement no later than four months after the date of submission of that Partnership Agreement by the Member State concerned. The Partnership Agreement shall not be amended.

4.   The Commission shall adopt a decision by means of an implementing act approving the Partnership Agreement no later than four months after the date of
  the first
  submission of that Partnership Agreement by the Member State concerned. The Partnership Agreement shall not be amended.

Amendment 428

Amendment 428

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1

Article 10 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States may allocate,
  in the Partnership Agreement or
  in the request for an amendment of a programme,
  the amount
  of ERDF, the ESF+, the Cohesion Fund and the EMFF to be contributed to InvestEU and delivered through budgetary guarantees.
  The amount to be contributed to InvestEU shall not exceed 5 %
  of the total allocation of each Fund
  , except in duly justified cases
  . Such contributions shall
  not constitute transfers of
  resources
  under Article 21
  . | 1.   
  As of 1 January 2023,
  Member States
  , with the agreement of the managing authorities concerned,
  may allocate, in the request for an amendment of a programme,
  up to 2 %
  of ERDF, the ESF+, the Cohesion Fund and the EMFF to be contributed to InvestEU and delivered through budgetary guarantees.
  Up to 3 %
  of the total allocation of each Fund
  may be further allocated to InvestEU under the mid-term review
  . Such contributions shall
  be available for investments in line with cohesion policy objectives and in the same category of regions targeted by the Funds of origin. Whenever an amount of ERDF, ESF+, Cohesion Fund is contributed to Invest EU, the enabling conditions as described in Article 11 and in Annexes III and IV to this Regulation shall apply. Only
  resources
  of future calendar years may be allocated
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States may allocate,
  in the Partnership Agreement or
  in the request for an amendment of a programme,
  the amount
  of ERDF, the ESF+, the Cohesion Fund and the EMFF to be contributed to InvestEU and delivered through budgetary guarantees.
  The amount to be contributed to InvestEU shall not exceed 5 %
  of the total allocation of each Fund
  , except in duly justified cases
  . Such contributions shall
  not constitute transfers of
  resources
  under Article 21
  .

1.   
  As of 1 January 2023,
  Member States
  , with the agreement of the managing authorities concerned,
  may allocate, in the request for an amendment of a programme,
  up to 2 %
  of ERDF, the ESF+, the Cohesion Fund and the EMFF to be contributed to InvestEU and delivered through budgetary guarantees.
  Up to 3 %
  of the total allocation of each Fund
  may be further allocated to InvestEU under the mid-term review
  . Such contributions shall
  be available for investments in line with cohesion policy objectives and in the same category of regions targeted by the Funds of origin. Whenever an amount of ERDF, ESF+, Cohesion Fund is contributed to Invest EU, the enabling conditions as described in Article 11 and in Annexes III and IV to this Regulation shall apply. Only
  resources
  of future calendar years may be allocated
  .

Amendment 103

Amendment 103

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2

Article 10 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.
     
  For the Partnership Agreement, resources of the current and future calendar years may be allocated. For the request for an amendment of a programme, only resources of future calendar years may be allocated. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.
     
  For the Partnership Agreement, resources of the current and future calendar years may be allocated. For the request for an amendment of a programme, only resources of future calendar years may be allocated.

deleted

deleted

Amendment 104

Amendment 104

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 3

Article 10 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The amount referred to in paragraph 1 shall be used for the provisioning of the part of the EU guarantee under the Member State compartment. | 3.   The amount referred to in paragraph 1 shall be used for the provisioning of the part of the EU guarantee under the
  respective
  Member State compartment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The amount referred to in paragraph 1 shall be used for the provisioning of the part of the EU guarantee under the Member State compartment.

3.   The amount referred to in paragraph 1 shall be used for the provisioning of the part of the EU guarantee under the
  respective
  Member State compartment.

Amendment 105

Amendment 105

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 4 — subparagraph 1

Article 10 — paragraph 4 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where a contribution agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded by 31 December
  2021
  for an amount referred to in paragraph 1
  allocated in the Partnership Agreement
  , the Member State shall submit a request for amendment of a programme or programmes to use the corresponding amount. | Where a contribution agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded by 31 December
  2023
  for an amount referred to in paragraph 1, the Member State shall submit a request for amendment of a programme or programmes to use the corresponding amount. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where a contribution agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded by 31 December
  2021
  for an amount referred to in paragraph 1
  allocated in the Partnership Agreement
  , the Member State shall submit a request for amendment of a programme or programmes to use the corresponding amount.

2021

allocated in the Partnership Agreement

Where a contribution agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded by 31 December
  2023
  for an amount referred to in paragraph 1, the Member State shall submit a request for amendment of a programme or programmes to use the corresponding amount.

2023

Amendment 106

Amendment 106

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 4 — subparagraph 2

Article 10 — paragraph 4 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The contribution agreement for an amount referred to in paragraph 1 allocated in the request of the amendment of a programme shall be concluded simultaneously with the adoption of the decision amending the programme. | The contribution agreement for an amount referred to in paragraph 1 allocated in the request of the amendment of a programme shall be concluded
  , or amended as the case may be,
   simultaneously with the adoption of the decision amending the programme. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The contribution agreement for an amount referred to in paragraph 1 allocated in the request of the amendment of a programme shall be concluded simultaneously with the adoption of the decision amending the programme.

The contribution agreement for an amount referred to in paragraph 1 allocated in the request of the amendment of a programme shall be concluded
  , or amended as the case may be,
   simultaneously with the adoption of the decision amending the programme.

, or amended as the case may be,

Amendment 107

Amendment 107

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 5

Article 10 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Where a guarantee agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded within nine months from the approval of the contribution agreement, the respective amounts paid into the common provisioning fund as a provisioning shall be transferred back to
  a
  programme or programmes and the Member State shall submit a corresponding request for a programme amendment. | 5.   Where a guarantee agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded within nine months from the approval of the contribution agreement, the respective amounts paid into the common provisioning fund as a provisioning shall be transferred back to
  the original
  programme or programmes and the Member State shall submit a corresponding request for a programme amendment.
  In this particular case, resources of past calendar years may be modified, as long as the commitments are not yet implemented. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Where a guarantee agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded within nine months from the approval of the contribution agreement, the respective amounts paid into the common provisioning fund as a provisioning shall be transferred back to
  a
  programme or programmes and the Member State shall submit a corresponding request for a programme amendment.

5.   Where a guarantee agreement, as set out in Article [9] of the [InvestEU Regulation], has not been concluded within nine months from the approval of the contribution agreement, the respective amounts paid into the common provisioning fund as a provisioning shall be transferred back to
  the original
  programme or programmes and the Member State shall submit a corresponding request for a programme amendment.
  In this particular case, resources of past calendar years may be modified, as long as the commitments are not yet implemented.

Amendment 108

Amendment 108

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 7

Article 10 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   Resources generated by or attributable to the amounts contributed to InvestEU and delivered through budgetary guarantees shall be made available to the Member State and shall be used for support under the same objective or objectives in the form of financial instruments. | 7.   Resources generated by or attributable to the amounts contributed to InvestEU and delivered through budgetary guarantees shall be made available to the Member State and
  the local or regional authority concerned by the contribution and
  shall be used for support under the same objective or objectives in the form of financial instruments. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   Resources generated by or attributable to the amounts contributed to InvestEU and delivered through budgetary guarantees shall be made available to the Member State and shall be used for support under the same objective or objectives in the form of financial instruments.

7.   Resources generated by or attributable to the amounts contributed to InvestEU and delivered through budgetary guarantees shall be made available to the Member State and
  the local or regional authority concerned by the contribution and
  shall be used for support under the same objective or objectives in the form of financial instruments.

Amendment 109

Amendment 109

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 1 — subparagraph 1

Article 11 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| For each specific objective, prerequisite conditions for its effective and efficient implementation (‘enabling conditions’) are laid down in this Regulation. | For each specific objective, prerequisite conditions for its effective and efficient implementation (‘enabling conditions’) are laid down in this Regulation.
  Enabling conditions shall apply to the extent to which they contribute to the achievement of the specific objectives of the programme. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For each specific objective, prerequisite conditions for its effective and efficient implementation (‘enabling conditions’) are laid down in this Regulation.

For each specific objective, prerequisite conditions for its effective and efficient implementation (‘enabling conditions’) are laid down in this Regulation.
  Enabling conditions shall apply to the extent to which they contribute to the achievement of the specific objectives of the programme.

Enabling conditions shall apply to the extent to which they contribute to the achievement of the specific objectives of the programme.

Amendment 110

Amendment 110

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 2

Article 11 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   When preparing a programme or introducing a new specific objective as part of a programme amendment, the Member State shall assess whether the enabling conditions linked to the selected specific objective are fulfilled. An enabling condition is fulfilled where all the related criteria are met. The Member State shall identify in each programme or in the programme amendment the fulfilled and non-fulfilled enabling conditions and where it considers that an enabling condition is fulfilled, it shall provide justification. | 2.   When preparing a programme or introducing a new specific objective as part of a programme amendment, the Member State shall assess whether the enabling conditions linked to the selected specific objective are fulfilled. An enabling condition is fulfilled where all the related criteria are met. The Member State shall identify in each programme or in the programme amendment the fulfilled and non-fulfilled enabling conditions and where it considers that an enabling condition is fulfilled, it shall provide justification.
  On the request of a Member State, the EIB may contribute to the assessments of actions needed to fulfil the relevant enabling conditions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   When preparing a programme or introducing a new specific objective as part of a programme amendment, the Member State shall assess whether the enabling conditions linked to the selected specific objective are fulfilled. An enabling condition is fulfilled where all the related criteria are met. The Member State shall identify in each programme or in the programme amendment the fulfilled and non-fulfilled enabling conditions and where it considers that an enabling condition is fulfilled, it shall provide justification.

2.   When preparing a programme or introducing a new specific objective as part of a programme amendment, the Member State shall assess whether the enabling conditions linked to the selected specific objective are fulfilled. An enabling condition is fulfilled where all the related criteria are met. The Member State shall identify in each programme or in the programme amendment the fulfilled and non-fulfilled enabling conditions and where it considers that an enabling condition is fulfilled, it shall provide justification.
  On the request of a Member State, the EIB may contribute to the assessments of actions needed to fulfil the relevant enabling conditions.

Amendment 111

Amendment 111

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 4 — subparagraph 1

Article 11 — paragraph 4 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall, within
  three
  months of receipt of the information referred to in paragraph 3, perform an assessment and inform the Member State where it agrees with the fulfilment. | The Commission shall, within
  two
  months of receipt of the information referred to in paragraph 3, perform an assessment and inform the Member State where it agrees with the fulfilment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall, within
  three
  months of receipt of the information referred to in paragraph 3, perform an assessment and inform the Member State where it agrees with the fulfilment.

three

The Commission shall, within
  two
  months of receipt of the information referred to in paragraph 3, perform an assessment and inform the Member State where it agrees with the fulfilment.

two

Amendment 112

Amendment 112

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 4 — subparagraph 2

Article 11 — paragraph 4 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where the Commission disagrees with the assessment of the Member State, it shall inform the Member State accordingly and give it the opportunity to present its observations within
  one month
  . | Where the Commission disagrees with the assessment of the Member State, it shall inform the Member State accordingly and give it the opportunity to present its observations within 
  maximum two months
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where the Commission disagrees with the assessment of the Member State, it shall inform the Member State accordingly and give it the opportunity to present its observations within
  one month
  .

one month

Where the Commission disagrees with the assessment of the Member State, it shall inform the Member State accordingly and give it the opportunity to present its observations within 
  maximum two months
  .

maximum two months

Amendment 113

Amendment 113

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 5 — subparagraph 1

Article 11 — paragraph 5 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Expenditure related to operations linked to the specific objective cannot be included in payment applications
  until
  the Commission has informed the Member State of the fulfilment of the enabling condition pursuant to paragraph 4. | Expenditure related to operations linked to the specific objective
  may
  be included in payment applications
  before
  the Commission has informed the Member State of the fulfilment of the enabling condition pursuant to paragraph 4
  , without prejudice to the suspension of the reimbursement itself until such time as the condition is fulfilled
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Expenditure related to operations linked to the specific objective cannot be included in payment applications
  until
  the Commission has informed the Member State of the fulfilment of the enabling condition pursuant to paragraph 4.

until

Expenditure related to operations linked to the specific objective
  may
  be included in payment applications
  before
  the Commission has informed the Member State of the fulfilment of the enabling condition pursuant to paragraph 4
  , without prejudice to the suspension of the reimbursement itself until such time as the condition is fulfilled
  .

may

before

, without prejudice to the suspension of the reimbursement itself until such time as the condition is fulfilled

Amendment 115

Amendment 115

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 1 — subparagraph 1

Article 12 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Member State shall establish a performance framework which shall allow monitoring, reporting on and evaluating programme performance during its implementation, and contribute to measuring the overall performance of the Funds. | The Member State
  , where appropriate, in cooperation with local and regional authorities,
  shall establish a performance framework which shall allow monitoring, reporting on and evaluating programme performance during its implementation, and contribute to measuring the overall performance of the Funds. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Member State shall establish a performance framework which shall allow monitoring, reporting on and evaluating programme performance during its implementation, and contribute to measuring the overall performance of the Funds.

The Member State
  , where appropriate, in cooperation with local and regional authorities,
  shall establish a performance framework which shall allow monitoring, reporting on and evaluating programme performance during its implementation, and contribute to measuring the overall performance of the Funds.

, where appropriate, in cooperation with local and regional authorities,

Amendment 116

Amendment 116

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2

Article 12 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Milestones and targets shall be established in relation to each specific objective within a programme, with the exception of technical assistance and of the specific objective addressing material deprivation set out in Article [
  4(c)
  (
  vii
  )] of the ESF+ Regulation. | 2.   Milestones and targets shall be established in relation to each specific objective within a programme, with the exception of technical assistance and of the specific objective addressing material deprivation set out in Article [
  4(1)
  (
  xi
  )] of the ESF+ Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Milestones and targets shall be established in relation to each specific objective within a programme, with the exception of technical assistance and of the specific objective addressing material deprivation set out in Article [
  4(c)
  (
  vii
  )] of the ESF+ Regulation.

2.   Milestones and targets shall be established in relation to each specific objective within a programme, with the exception of technical assistance and of the specific objective addressing material deprivation set out in Article [
  4(1)
  (
  xi
  )] of the ESF+ Regulation.

Amendment 117

Amendment 117

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 1 — introductory part

Article 14 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   For programmes supported by the ERDF, the ESF+ and the Cohesion Fund, the Member State shall review each programme, taking into account the following elements: | 1.   For programmes supported by the ERDF, the ESF+ and the Cohesion Fund, the Member State
  and relevant managing authorities
  shall review each programme, taking into account the following elements: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   For programmes supported by the ERDF, the ESF+ and the Cohesion Fund, the Member State shall review each programme, taking into account the following elements:

1.   For programmes supported by the ERDF, the ESF+ and the Cohesion Fund, the Member State
  and relevant managing authorities
  shall review each programme, taking into account the following elements:

Amendment 118

Amendment 118

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 1 — point a

Article 14 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the
  challenges identified in relevant country-specific recommendations adopted in 2024; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the
  challenges identified in relevant country-specific recommendations adopted in 2024;

the

| (a) | new
  challenges identified in relevant country-specific recommendations adopted in 2024
  and the targets identified in the implementation of the integrated national climate and energy plans, if relevant
  ; |
| --- | --- |

(a)

new
  challenges identified in relevant country-specific recommendations adopted in 2024
  and the targets identified in the implementation of the integrated national climate and energy plans, if relevant
  ;

new

and the targets identified in the implementation of the integrated national climate and energy plans, if relevant

Amendment 119

Amendment 119

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 1 — point b

Article 14 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the socio-economic situation of the Member State or region concerned; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

the socio-economic situation of the Member State or region concerned;

| (b) | the socio-economic situation of the Member State or region concerned
  , including the state of implementation of the European Pillar of Social Rights and territorial needs with a view to reducing disparities, as well as economic and social inequalities
  ; |
| --- | --- |

(b)

the socio-economic situation of the Member State or region concerned
  , including the state of implementation of the European Pillar of Social Rights and territorial needs with a view to reducing disparities, as well as economic and social inequalities
  ;

, including the state of implementation of the European Pillar of Social Rights and territorial needs with a view to reducing disparities, as well as economic and social inequalities

Amendment 120

Amendment 120

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 1 — point d a (new)

Article 14 — paragraph 1 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (d a) | any major negative financial, economic or social developments which require an adjustment of the programmes, including as a consequence of symmetric or asymmetric shocks in the Member States and their regions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d a)

(d a)

any major negative financial, economic or social developments which require an adjustment of the programmes, including as a consequence of symmetric or asymmetric shocks in the Member States and their regions.

any major negative financial, economic or social developments which require an adjustment of the programmes, including as a consequence of symmetric or asymmetric shocks in the Member States and their regions.

Amendment 121

Amendment 121

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2 — subparagraph 1

Article 14 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Member State shall submit to the Commission by 31 March 2025 a request for the amendment of each programme in accordance with Article 19(1). The Member State shall justify the amendment on the basis of the elements set out in paragraph 1. | In accordance with the outcome of the review,
  the Member State shall submit to the Commission by 31 March 2025 a request for the amendment of each programme in accordance with Article 19(1)
  or state that no amendment is requested
  . The Member State shall justify the amendment on the basis of the elements set out in paragraph 1
  or, as appropriate, give reasons for not requesting the amendment of a programme
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Member State shall submit to the Commission by 31 March 2025 a request for the amendment of each programme in accordance with Article 19(1). The Member State shall justify the amendment on the basis of the elements set out in paragraph 1.

In accordance with the outcome of the review,
  the Member State shall submit to the Commission by 31 March 2025 a request for the amendment of each programme in accordance with Article 19(1)
  or state that no amendment is requested
  . The Member State shall justify the amendment on the basis of the elements set out in paragraph 1
  or, as appropriate, give reasons for not requesting the amendment of a programme
  .

In accordance with the outcome of the review,

or state that no amendment is requested

or, as appropriate, give reasons for not requesting the amendment of a programme

Amendment 122

Amendment 122

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2 — subparagraph 2 — point a

Article 14 — paragraph 2 — subparagraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the allocations of the financial resources by priority including the amounts for the years 2026 and 2027; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the allocations of the financial resources by priority including the amounts for the years 2026 and 2027;

| (a) | the
  revised initial
  allocations of the financial resources by priority including the amounts for the years 2026 and 2027; |
| --- | --- |

(a)

the
  revised initial
  allocations of the financial resources by priority including the amounts for the years 2026 and 2027;

revised initial

Amendment 123

Amendment 123

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2 — subparagraph 2 — point b a (new)

Article 14 — paragraph 2 — subparagraph 2 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (b a) | the amounts to be contributed to InvestEU per Fund and per category of region, where appropriate; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b a)

(b a)

the amounts to be contributed to InvestEU per Fund and per category of region, where appropriate;

the amounts to be contributed to InvestEU per Fund and per category of region, where appropriate;

Amendment 124

Amendment 124

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 3 a (new)

Article 14 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3 a.
     
  The Commission shall, by 31 March 2026, adopt a report summarising the results of the review referred to in paragraphs 1 and 2. The Commission shall communicate the report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3 a.
     
  The Commission shall, by 31 March 2026, adopt a report summarising the results of the review referred to in paragraphs 1 and 2. The Commission shall communicate the report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

Amendments 425/rev, 444/rev, 448 and 469

Amendments 425/rev, 444/rev, 448 and 469

Proposal for a regulation

Proposal for a regulation

Article 15

Article 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| [...] | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

[...]

deleted

deleted

Amendment 140

Amendment 140

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 1

Article 16 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall prepare programmes to implement the Funds for the period from 1 January 2021 to 31 December 2027. | 1.   Member States
  in cooperation with the partners referred to in Article 6
  shall prepare programmes to implement the Funds for the period from 1 January 2021 to 31 December 2027. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall prepare programmes to implement the Funds for the period from 1 January 2021 to 31 December 2027.

1.   Member States
  in cooperation with the partners referred to in Article 6
  shall prepare programmes to implement the Funds for the period from 1 January 2021 to 31 December 2027.

Amendment 141

Amendment 141

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 2 — subparagraph 1

Article 17 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| A programme shall consist of priorities. Each priority shall correspond to
  a single
  policy
  objective
  or to technical assistance. A priority corresponding to a policy objective shall consist of one or more specific objectives. More than one priority may correspond to the same policy objective. | A programme shall consist of priorities. Each priority shall correspond to
  one or several
  policy
  objectives
  or to technical assistance. A priority corresponding to a policy objective shall consist of one or more specific objectives. More than one priority may correspond to the same policy objective. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A programme shall consist of priorities. Each priority shall correspond to
  a single
  policy
  objective
  or to technical assistance. A priority corresponding to a policy objective shall consist of one or more specific objectives. More than one priority may correspond to the same policy objective.

a single

objective

A programme shall consist of priorities. Each priority shall correspond to
  one or several
  policy
  objectives
  or to technical assistance. A priority corresponding to a policy objective shall consist of one or more specific objectives. More than one priority may correspond to the same policy objective.

one or several

objectives

Amendment 142

Amendment 142

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — subparagraph 1 — point a — point i

Article 17 — paragraph 3 — subparagraph 1 — point a — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | economic, social and territorial disparities, except for programmes supported by the EMFF; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

economic, social and territorial disparities, except for programmes supported by the EMFF;

| (i) | economic, social and territorial disparities
  as well as inequalities
  , except for programmes supported by the EMFF; |
| --- | --- |

(i)

economic, social and territorial disparities
  as well as inequalities
  , except for programmes supported by the EMFF;

as well as inequalities

Amendment 143

Amendment 143

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — subparagraph 1 — point a — point ii

Article 17 — paragraph 3 — subparagraph 1 — point a — point ii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ii) | market failures, investment needs and complementarity with other forms of support; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ii)

market failures, investment needs and complementarity with other forms of support;

| (ii) | market failures, investment needs and complementarity
  and synergies
  with other forms of support; |
| --- | --- |

(ii)

market failures, investment needs and complementarity
  and synergies
  with other forms of support;

and synergies

Amendment 144

Amendment 144

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — subparagraph 1 — point a — point iii

Article 17 — paragraph 3 — subparagraph 1 — point a — point iii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (iii) | challenges identified in relevant country-specific recommendations
  and other relevant Union recommendations addressed to the Member State
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iii)

challenges identified in relevant country-specific recommendations
  and other relevant Union recommendations addressed to the Member State
  ;

and other relevant Union recommendations addressed to the Member State

| (iii) | challenges identified in
  the
  relevant country-specific recommendations; |
| --- | --- |

(iii)

challenges identified in
  the
  relevant country-specific recommendations;

the

Amendment 145

Amendment 145

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — subparagraph 1 — point a — point iv

Article 17 — paragraph 3 — subparagraph 1 — point a — point iv

| Text proposed by the Commission | Amendment |
| --- | --- |
| (iv) | challenges in administrative capacity and governance; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iv)

challenges in administrative capacity and governance;

| (iv) | challenges in administrative capacity and governance
  and simplification measures
  ; |
| --- | --- |

(iv)

challenges in administrative capacity and governance
  and simplification measures
  ;

and simplification measures

Amendment 146

Amendment 146

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — subparagraph 1 — point a — point iv a (new)

Article 17 — paragraph 3 — subparagraph 1 — point a — point iv a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (iv a) | an integrated approach to address demographic challenges, where relevant; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iv a)

(iv a)

an integrated approach to address demographic challenges, where relevant;

an integrated approach to address demographic challenges, where relevant;

Amendment 147

Amendment 147

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — subparagraph 1 — point a — point vi a (new)

Article 17 — paragraph 3 — subparagraph 1 — point a — point vi a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (vi a) | challenges and related objectives identified within National Energy and Climate Plans and in the European Pillar of Social Rights; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(vi a)

(vi a)

challenges and related objectives identified within National Energy and Climate Plans and in the European Pillar of Social Rights;

challenges and related objectives identified within National Energy and Climate Plans and in the European Pillar of Social Rights;

Amendment 148

Amendment 148

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — subparagraph 1 — point a — point vii

Article 17 — paragraph 3 — subparagraph 1 — point a — point vii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (vii) | for programmes supported by the AMIF, the ISF and the BMVI, progress in implementing the relevant Union acquis and action plans; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(vii)

for programmes supported by the AMIF, the ISF and the BMVI, progress in implementing the relevant Union acquis and action plans;

| (vii) | for programmes supported by the AMIF, the ISF and the BMVI, progress in implementing the relevant Union acquis and action plans
  , as well as identified shortcomings
  ; |
| --- | --- |

(vii)

for programmes supported by the AMIF, the ISF and the BMVI, progress in implementing the relevant Union acquis and action plans
  , as well as identified shortcomings
  ;

, as well as identified shortcomings

Amendment 149

Amendment 149

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — subparagraph 1 — point d — point i

Article 17 — paragraph 3 — subparagraph 1 — point d — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | the related types of actions, including
  a
  list of planned operations of strategic importance, and their expected contribution to those specific objectives and to macro-regional strategies and sea-basin strategies, where appropriate; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

the related types of actions, including
  a
  list of planned operations of strategic importance, and their expected contribution to those specific objectives and to macro-regional strategies and sea-basin strategies, where appropriate;

a

| (i) | the related types of actions, including
  an indicative
  list
  and timetable
  of planned operations of strategic importance, and their expected contribution to those specific objectives and to macro-regional strategies and sea-basin strategies, where appropriate; |
| --- | --- |

(i)

the related types of actions, including
  an indicative
  list
  and timetable
  of planned operations of strategic importance, and their expected contribution to those specific objectives and to macro-regional strategies and sea-basin strategies, where appropriate;

an indicative

and timetable

Amendment 150

Amendment 150

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — subparagraph 1 — point d — point iii a (new)

Article 17 — paragraph 3 — subparagraph 1 — point d — point iii a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (iii a) | actions safeguarding equality, inclusion and non-discrimination; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iii a)

(iii a)

actions safeguarding equality, inclusion and non-discrimination;

actions safeguarding equality, inclusion and non-discrimination;

Amendment 151

Amendment 151

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — subparagraph 1 — point d — point v

Article 17 — paragraph 3 — subparagraph 1 — point d — point v

| Text proposed by the Commission | Amendment |
| --- | --- |
| (v) | the interregional and transnational actions with beneficiaries located in at least one other Member State; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(v)

the interregional and transnational actions with beneficiaries located in at least one other Member State;

| (v) | the interregional
  , cross-border
  and transnational actions with beneficiaries located in at least one other Member State; |
| --- | --- |

(v)

the interregional
  , cross-border
  and transnational actions with beneficiaries located in at least one other Member State;

, cross-border

Amendment 152

Amendment 152

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — subparagraph 1 — point d — point v a (new)

Article 17 — paragraph 3 — subparagraph 1 — point d — point v a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (va) | sustainability of investments; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(va)

(va)

sustainability of investments;

sustainability of investments;

Amendment 153

Amendment 153

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — subparagraph 1 — point d — point vii a (new)

Article 17 — paragraph 3 — subparagraph 1 — point d — point vii a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (vii a) | a description of how complementarities and synergies with other Funds and instruments are to be pursued; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(vii a)

(vii a)

a description of how complementarities and synergies with other Funds and instruments are to be pursued;

a description of how complementarities and synergies with other Funds and instruments are to be pursued;

Amendment 154

Amendment 154

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — subparagraph 1 — point i

Article 17 — paragraph 3 — subparagraph 1 — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | the envisaged approach to communication and visibility for the programme through defining its objectives, target audiences, communication channels, social media outreach, planned budget and relevant indicators for monitoring and evaluation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

the envisaged approach to communication and visibility for the programme through defining its objectives, target audiences, communication channels, social media outreach, planned budget and relevant indicators for monitoring and evaluation;

| (i) | the envisaged approach to communication and visibility for the programme through defining its objectives, target audiences, communication channels,
  where appropriate
  social media outreach,
  as well as
  planned budget and relevant indicators for monitoring and evaluation; |
| --- | --- |

(i)

the envisaged approach to communication and visibility for the programme through defining its objectives, target audiences, communication channels,
  where appropriate
  social media outreach,
  as well as
  planned budget and relevant indicators for monitoring and evaluation;

where appropriate

as well as

Amendment 155

Amendment 155

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — subparagraph 1 — point j

Article 17 — paragraph 3 — subparagraph 1 — point j

| Text proposed by the Commission | Amendment |
| --- | --- |
| (j) | the managing authority, the audit authority and the body which receives payments from the Commission. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(j)

the managing authority, the audit authority and the body which receives payments from the Commission.

| (j) | the managing authority, the audit authority
  , the body responsible for the accounting function under Article 70,
   and the body which receives payments from the Commission. |
| --- | --- |

(j)

the managing authority, the audit authority
  , the body responsible for the accounting function under Article 70,
   and the body which receives payments from the Commission.

, the body responsible for the accounting function under Article 70,

Amendment 156

Amendment 156

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — subparagraph 2

Article 17 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Points (c) and (d) of this paragraph shall not apply to the specific objective set out in Article [
  4(c)
  (
  vii
  )] of the ESF+Regulation. | Points (c) and (d) of this paragraph shall not apply to the specific objective set out in Article [
  4(1)
  (
  xi
  )] of the ESF+Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Points (c) and (d) of this paragraph shall not apply to the specific objective set out in Article [
  4(c)
  (
  vii
  )] of the ESF+Regulation.

4(c)

vii

Points (c) and (d) of this paragraph shall not apply to the specific objective set out in Article [
  4(1)
  (
  xi
  )] of the ESF+Regulation.

4(1)

xi

Amendment 157

Amendment 157

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3 — subparagraph 2 a (new)

Article 17 — paragraph 3 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | An environmental report containing relevant information on the effects on the environment in accordance with Directive 2001/42/EC shall be annexed to the programme, taking into account climate change mitigation needs. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

An environmental report containing relevant information on the effects on the environment in accordance with Directive 2001/42/EC shall be annexed to the programme, taking into account climate change mitigation needs.

An environmental report containing relevant information on the effects on the environment in accordance with Directive 2001/42/EC shall be annexed to the programme, taking into account climate change mitigation needs.

Amendment 158

Amendment 158

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 6

Article 17 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   For ERDF, ESF+ and Cohesion Fund programmes submitted in accordance with Article 16, the table referred to in paragraph (3)(f)(ii) shall include the amounts for the years 2021 to
  2025 only
  . | 6.   For ERDF, ESF+ and Cohesion Fund programmes submitted in accordance with Article 16, the table referred to in paragraph (3)(f)(ii) shall include the amounts for the years 2021 to
  2027
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   For ERDF, ESF+ and Cohesion Fund programmes submitted in accordance with Article 16, the table referred to in paragraph (3)(f)(ii) shall include the amounts for the years 2021 to
  2025 only
  .

6.   For ERDF, ESF+ and Cohesion Fund programmes submitted in accordance with Article 16, the table referred to in paragraph (3)(f)(ii) shall include the amounts for the years 2021 to
  2027
  .

Amendment 160

Amendment 160

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraph 1

Article 18 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission shall assess the programme and its compliance with this Regulation and with the Fund-specific Regulations, as well as its consistency with the Partnership Agreement. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations. | 1.   The Commission shall assess the programme and its compliance with this Regulation and with the Fund-specific Regulations, as well as its consistency with the Partnership Agreement. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations
  , as well as relevant challenges identified in the implementation of the Integrated National Energy and Climate Plans and in the European Pillar of Social Rights and the way they are addressed
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The Commission shall assess the programme and its compliance with this Regulation and with the Fund-specific Regulations, as well as its consistency with the Partnership Agreement. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations.

1.   The Commission shall assess the programme and its compliance with this Regulation and with the Fund-specific Regulations, as well as its consistency with the Partnership Agreement. In its assessment, the Commission shall, in particular, take into account relevant country-specific recommendations
  , as well as relevant challenges identified in the implementation of the Integrated National Energy and Climate Plans and in the European Pillar of Social Rights and the way they are addressed
  .

Amendment 161

Amendment 161

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraph 2

Article 18 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Commission may make observations within
  three
  months of the date of submission of the programme by the Member State. | 2.   The Commission may make observations within
  two
  months of the date of submission of the programme by the Member State. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Commission may make observations within
  three
  months of the date of submission of the programme by the Member State.

2.   The Commission may make observations within
  two
  months of the date of submission of the programme by the Member State.

Amendment 162

Amendment 162

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraph 3

Article 18 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Member State shall review the programme taking into account the observations made by the Commission. | 3.   The Member State shall review the programme taking into account the observations made by the Commission
  within two months of their submission
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The Member State shall review the programme taking into account the observations made by the Commission.

3.   The Member State shall review the programme taking into account the observations made by the Commission
  within two months of their submission
  .

Amendment 163

Amendment 163

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraph 4

Article 18 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The Commission shall adopt a decision by means of an implementing act approving the programme no later than
  six
  months after the date of submission of the programme by the Member State. | 4.   The Commission shall adopt a decision by means of an implementing act approving the programme no later than
  five
  months after the date of
  the first
  submission of the programme by the Member State. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The Commission shall adopt a decision by means of an implementing act approving the programme no later than
  six
  months after the date of submission of the programme by the Member State.

4.   The Commission shall adopt a decision by means of an implementing act approving the programme no later than
  five
  months after the date of
  the first
  submission of the programme by the Member State.

Amendment 164

Amendment 164

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 2

Article 19 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Commission shall assess the amendment and its compliance with this Regulation and with the Fund-specific Regulations, including requirements at national level, and may make observations within
  three
  months of the submission of the amended programme. | 2.   The Commission shall assess the amendment and its compliance with this Regulation and with the Fund-specific Regulations, including requirements at national level, and may make observations within
  two
  months of the submission of the amended programme. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Commission shall assess the amendment and its compliance with this Regulation and with the Fund-specific Regulations, including requirements at national level, and may make observations within
  three
  months of the submission of the amended programme.

2.   The Commission shall assess the amendment and its compliance with this Regulation and with the Fund-specific Regulations, including requirements at national level, and may make observations within
  two
  months of the submission of the amended programme.

Amendment 165

Amendment 165

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 3

Article 19 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Member State shall review the amended programme and take into account the observations made by the Commission. | 3.   The Member State shall review the amended programme and take into account the observations made by the Commission
  within two months of their submission
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The Member State shall review the amended programme and take into account the observations made by the Commission.

3.   The Member State shall review the amended programme and take into account the observations made by the Commission
  within two months of their submission
  .

Amendment 166

Amendment 166

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 4

Article 19 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The Commission shall approve the amendment of a programme no later than
  six
  months after its submission by the Member State. | 4.   The Commission shall approve the amendment of a programme no later than
  three
  months after its submission by the Member State. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The Commission shall approve the amendment of a programme no later than
  six
  months after its submission by the Member State.

4.   The Commission shall approve the amendment of a programme no later than
  three
  months after its submission by the Member State.

Amendment 167

Amendment 167

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 5 — subparagraph 1

Article 19 — paragraph 5 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Member State may transfer during the programming period an amount of up to
  5
  % of the initial allocation of a priority and no more than
  3
  % of the programme budget to another priority of the same Fund of the same programme. For the programmes supported by the ERDF and ESF+, the transfer shall only concern allocations for the same category of region. | The Member State may transfer during the programming period an amount of up to
  7
  % of the initial allocation of a priority and no more than
  5
  % of the programme budget to another priority of the same Fund of the same programme.
  In doing so the Member State shall respect the code of conduct established by the Commission Delegated Regulation (EU) No 240/2014.
  For the programmes supported by the ERDF and ESF+, the transfer shall only concern allocations for the same category of region. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Member State may transfer during the programming period an amount of up to
  5
  % of the initial allocation of a priority and no more than
  3
  % of the programme budget to another priority of the same Fund of the same programme. For the programmes supported by the ERDF and ESF+, the transfer shall only concern allocations for the same category of region.

5

3

The Member State may transfer during the programming period an amount of up to
  7
  % of the initial allocation of a priority and no more than
  5
  % of the programme budget to another priority of the same Fund of the same programme.
  In doing so the Member State shall respect the code of conduct established by the Commission Delegated Regulation (EU) No 240/2014.
  For the programmes supported by the ERDF and ESF+, the transfer shall only concern allocations for the same category of region.

7

5

In doing so the Member State shall respect the code of conduct established by the Commission Delegated Regulation (EU) No 240/2014.

Amendment 168

Amendment 168

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 6

Article 19 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   The approval of the Commission shall not be required for corrections of a purely clerical or editorial nature that do not affect the implementation of the programme. Member States shall inform the Commission of such corrections. | 6.   The approval of the Commission shall not be required for corrections of a purely clerical
  , technical
   or editorial nature that do not affect the implementation of the programme. Member States shall inform the Commission of such corrections. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   The approval of the Commission shall not be required for corrections of a purely clerical or editorial nature that do not affect the implementation of the programme. Member States shall inform the Commission of such corrections.

6.   The approval of the Commission shall not be required for corrections of a purely clerical
  , technical
   or editorial nature that do not affect the implementation of the programme. Member States shall inform the Commission of such corrections.

Amendment 169

Amendment 169

Proposal for a regulation

Proposal for a regulation

Article 20 — paragraph 2

Article 20 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The ERDF and the ESF+ may finance, in a complementary manner and subject to a limit of
  10
  % of support from those Funds for each priority of a programme, all or part of an operation for which the costs are eligible for support from the other Fund on the basis of eligibility rules applied to that Fund, provided that such costs are necessary for the implementation. | 2.   The ERDF and the ESF+ may finance, in a complementary manner and subject to a limit of 
  15
  % of support from those Funds for each priority of a programme, all or part of an operation for which the costs are eligible for support from the other Fund on the basis of eligibility rules applied to that Fund, provided that such costs are necessary for the implementation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The ERDF and the ESF+ may finance, in a complementary manner and subject to a limit of
  10
  % of support from those Funds for each priority of a programme, all or part of an operation for which the costs are eligible for support from the other Fund on the basis of eligibility rules applied to that Fund, provided that such costs are necessary for the implementation.

2.   The ERDF and the ESF+ may finance, in a complementary manner and subject to a limit of 
  15
  % of support from those Funds for each priority of a programme, all or part of an operation for which the costs are eligible for support from the other Fund on the basis of eligibility rules applied to that Fund, provided that such costs are necessary for the implementation.

Amendment 170

Amendment 170

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 1

Article 21 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States may request the transfer of up to 5 % of programme financial allocations from any of the Funds to
  any other Fund under shared management or to any instrument under direct or indirect management
  . | 1.   
  For the purpose of ensuring flexibility,
  Member States may request
  , if agreed by the monitoring committee of the programme,
  the transfer of up to 5 % of programme financial allocations from any of the Funds to
  the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, or the European Maritime and Fisheries Fund
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States may request the transfer of up to 5 % of programme financial allocations from any of the Funds to
  any other Fund under shared management or to any instrument under direct or indirect management
  .

1.   
  For the purpose of ensuring flexibility,
  Member States may request
  , if agreed by the monitoring committee of the programme,
  the transfer of up to 5 % of programme financial allocations from any of the Funds to
  the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, or the European Maritime and Fisheries Fund
  .

Amendments 171 and 434

Amendments 171 and 434

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 2

Article 21 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Transferred resources shall be implemented in accordance with the rules of the Fund or the instrument to which the resources are transferred
  and, in the case of transfers to instruments under direct or indirect management, for the benefit of the Member State concerned
  . | 2.   Transferred resources shall be implemented in accordance with the rules of the Fund or the instrument to which the resources are transferred. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Transferred resources shall be implemented in accordance with the rules of the Fund or the instrument to which the resources are transferred
  and, in the case of transfers to instruments under direct or indirect management, for the benefit of the Member State concerned
  .

2.   Transferred resources shall be implemented in accordance with the rules of the Fund or the instrument to which the resources are transferred.

Amendments 172, 433 and 434

Amendments 172, 433 and 434

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 3

Article 21 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Requests under paragraph 1 shall set out the total amount transferred for each year by Fund and by category of region, where relevant, shall be duly justified and shall be accompanied by the revised programme or programmes, from which the resources are to be transferred in accordance with Article 19 indicating to which other Fund or instrument the amounts are transferred. | 3.   Requests under paragraph 1 shall set out the total amount transferred for each year by Fund and by category of region, where relevant, shall be duly justified
  with a view to the complementarities and impact to be achieved,
   and shall be accompanied by the revised programme or programmes, from which the resources are to be transferred in accordance with Article 19 indicating to which other Fund or instrument the amounts are transferred. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Requests under paragraph 1 shall set out the total amount transferred for each year by Fund and by category of region, where relevant, shall be duly justified and shall be accompanied by the revised programme or programmes, from which the resources are to be transferred in accordance with Article 19 indicating to which other Fund or instrument the amounts are transferred.

3.   Requests under paragraph 1 shall set out the total amount transferred for each year by Fund and by category of region, where relevant, shall be duly justified
  with a view to the complementarities and impact to be achieved,
   and shall be accompanied by the revised programme or programmes, from which the resources are to be transferred in accordance with Article 19 indicating to which other Fund or instrument the amounts are transferred.

Amendment 173

Amendment 173

Proposal for a regulation

Proposal for a regulation

Title 3 — chapter 1 a (new)

Title 3 — chapter 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | CHAPTER I a — Major projects |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

CHAPTER I a — Major projects

CHAPTER I a — Major projects

Amendment 174

Amendment 174

Proposal for a regulation

Proposal for a regulation

Article 21 a (new)

Article 21 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 21 a




  Content




  As part of a programme or programmes, the ERDF and the Cohesion Fund may support an operation comprising a series of works, activities or services intended in itself to accomplish an indivisible task of a precise economic or technical nature which has clearly identified goals and for which the total eligible cost exceeds EUR 100 000 000 (the ‘major project’). Financial instruments shall not be considered to be major projects. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 21 a

Content

As part of a programme or programmes, the ERDF and the Cohesion Fund may support an operation comprising a series of works, activities or services intended in itself to accomplish an indivisible task of a precise economic or technical nature which has clearly identified goals and for which the total eligible cost exceeds EUR 100 000 000 (the ‘major project’). Financial instruments shall not be considered to be major projects.

Amendment 175

Amendment 175

Proposal for a regulation

Proposal for a regulation

Article 21 b (new)

Article 21 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 21 b |
| | Information necessary for the approval of a major project |
| | Before a major project is approved, the managing authority shall submit to the Commission the following information: |
| | (a) | details concerning the body to be responsible for implementation of the major project, and its capacity; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 21 b

Article 21 b

Information necessary for the approval of a major project

Information necessary for the approval of a major project

Before a major project is approved, the managing authority shall submit to the Commission the following information:

Before a major project is approved, the managing authority shall submit to the Commission the following information:

(a)

(a)

details concerning the body to be responsible for implementation of the major project, and its capacity;

details concerning the body to be responsible for implementation of the major project, and its capacity;

| (b) | a description of the investment and its location; |
| --- | --- |

(b)

(b)

a description of the investment and its location;

a description of the investment and its location;

| (c) | the total cost and total eligible cost; |
| --- | --- |

(c)

(c)

the total cost and total eligible cost;

the total cost and total eligible cost;

| (d) | feasibility studies carried out, including the options analysis, and the results; |
| --- | --- |

(d)

(d)

feasibility studies carried out, including the options analysis, and the results;

feasibility studies carried out, including the options analysis, and the results;

| (e) | a cost-benefit analysis, including an economic and a financial analysis, and a risk assessment; |
| --- | --- |

(e)

(e)

a cost-benefit analysis, including an economic and a financial analysis, and a risk assessment;

a cost-benefit analysis, including an economic and a financial analysis, and a risk assessment;

| (f) | an analysis of the environmental impact, taking into account climate change adaptation and mitigation needs, and disaster resilience; |
| --- | --- |

(f)

(f)

an analysis of the environmental impact, taking into account climate change adaptation and mitigation needs, and disaster resilience;

an analysis of the environmental impact, taking into account climate change adaptation and mitigation needs, and disaster resilience;

| (g) | an explanation as to how the major project is consistent with the relevant priorities of the programme or programmes concerned, and its expected contribution to achieving the specific objectives of those priorities and the expected contribution to socio-economic development; |
| --- | --- |

(g)

(g)

an explanation as to how the major project is consistent with the relevant priorities of the programme or programmes concerned, and its expected contribution to achieving the specific objectives of those priorities and the expected contribution to socio-economic development;

an explanation as to how the major project is consistent with the relevant priorities of the programme or programmes concerned, and its expected contribution to achieving the specific objectives of those priorities and the expected contribution to socio-economic development;

| (h) | the financing plan showing the total planned financial resources and the planned support from the Funds, the EIB, and all other sources of financing, together with physical and financial indicators for monitoring progress, taking account of the identified risks; |
| --- | --- |

(h)

(h)

the financing plan showing the total planned financial resources and the planned support from the Funds, the EIB, and all other sources of financing, together with physical and financial indicators for monitoring progress, taking account of the identified risks;

the financing plan showing the total planned financial resources and the planned support from the Funds, the EIB, and all other sources of financing, together with physical and financial indicators for monitoring progress, taking account of the identified risks;

| (i) | the timetable for implementing the major project and, where the implementation period is expected to be longer than the programming period, the phases for which support from the Funds is requested during the programming period. |
| --- | --- |

(i)

(i)

the timetable for implementing the major project and, where the implementation period is expected to be longer than the programming period, the phases for which support from the Funds is requested during the programming period.

the timetable for implementing the major project and, where the implementation period is expected to be longer than the programming period, the phases for which support from the Funds is requested during the programming period.

Amendment 176

Amendment 176

Proposal for a regulation

Proposal for a regulation

Article 21 c (new)

Article 21 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 21 c |
| | Decision on a major project |
| | 1.
     
  The Commission shall appraise the major project on the basis of the information referred to in Article 21b in order to determine whether the requested financial contribution for the major project selected by the managing authority is justified. The Commission shall adopt a decision on the approval of the financial contribution to the selected major project, by means of an implementing act, no later than three months after the date of submission of the information referred to in Article 21b. |
| | 2.
     
  The approval by the Commission under paragraph 1 shall be conditional on the first works contract being concluded, or, in the case of operations implemented under PPP structures, on the signing of the PPP agreement between the public body and the private sector body, within three years of the date of the approval. |
| | 3.
     
  Where the Commission does not approve the financial contribution to the selected major project, it shall give in its decision the reasons for its refusal. |
| | 4.
     
  Major projects submitted for approval under paragraph 1 shall be contained in the list of major projects in a programme. |
| | 5.
     
  Expenditure relating to a major project may be included in a payment application after the submission for approval referred to in paragraph 1. Where the Commission does not approve the major project selected by the managing authority, the declaration of expenditure following the withdrawal of the application by the Member State or the adoption of the Commission decision shall be rectified accordingly. |
| | (This amendment will require consequential adjustments to Annex V.) |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 21 c

Article 21 c

Decision on a major project

Decision on a major project

1.
     
  The Commission shall appraise the major project on the basis of the information referred to in Article 21b in order to determine whether the requested financial contribution for the major project selected by the managing authority is justified. The Commission shall adopt a decision on the approval of the financial contribution to the selected major project, by means of an implementing act, no later than three months after the date of submission of the information referred to in Article 21b.

2.
     
  The approval by the Commission under paragraph 1 shall be conditional on the first works contract being concluded, or, in the case of operations implemented under PPP structures, on the signing of the PPP agreement between the public body and the private sector body, within three years of the date of the approval.

3.
     
  Where the Commission does not approve the financial contribution to the selected major project, it shall give in its decision the reasons for its refusal.

4.
     
  Major projects submitted for approval under paragraph 1 shall be contained in the list of major projects in a programme.

5.
     
  Expenditure relating to a major project may be included in a payment application after the submission for approval referred to in paragraph 1. Where the Commission does not approve the major project selected by the managing authority, the declaration of expenditure following the withdrawal of the application by the Member State or the adoption of the Commission decision shall be rectified accordingly.

(This amendment will require consequential adjustments to Annex V.)

(This amendment will require consequential adjustments to Annex V.)

Amendment 177

Amendment 177

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 1 — point c

Article 22 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | another territorial tool supporting initiatives designed by the Member State for investments programmed
  for the ERDF
  under the policy objective referred in Article 4(1)(e). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

another territorial tool supporting initiatives designed by the Member State for investments programmed
  for the ERDF
  under the policy objective referred in Article 4(1)(e).

for the ERDF

| (c) | another territorial tool supporting initiatives designed by the Member State for investments programmed under the policy objective referred in Article 4(1)(e). |
| --- | --- |

(c)

another territorial tool supporting initiatives designed by the Member State for investments programmed under the policy objective referred in Article 4(1)(e).

Amendment 178

Amendment 178

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 1 a (new)

Article 22 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The Member State shall ensure coherence and coordination when local development strategies are financed by more than one Fund. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Member State shall ensure coherence and coordination when local development strategies are financed by more than one Fund.

The Member State shall ensure coherence and coordination when local development strategies are financed by more than one Fund.

Amendment 179

Amendment 179

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 1 — subparagraph 1 — point a

Article 23 — paragraph 1 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the geographical area covered by the strategy; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the geographical area covered by the strategy;

| (a) | the geographical area covered by the strategy
  including economic, social and environmental interlinkages
  ; |
| --- | --- |

(a)

the geographical area covered by the strategy
  including economic, social and environmental interlinkages
  ;

including economic, social and environmental interlinkages

Amendment 180

Amendment 180

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 1 — subparagraph 1 — point d

Article 23 — paragraph 1 — subparagraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | a description of the involvement of partners
  in accordance with
  Article 6 in the preparation and in the implementation of the strategy. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

a description of the involvement of partners
  in accordance with
  Article 6 in the preparation and in the implementation of the strategy.

in accordance with

| (d) | a description of the involvement of partners
  under
  Article 6 in the preparation and in the implementation of the strategy. |
| --- | --- |

(d)

a description of the involvement of partners
  under
  Article 6 in the preparation and in the implementation of the strategy.

under

Amendment 181

Amendment 181

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 2

Article 23 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Territorial strategies shall be
  drawn up
  under the responsibility of the relevant
  urban
  , local
  or
  other territorial
  authorities or bodies
  . | 2.   Territorial strategies shall be
  prepared and endorsed
  under the responsibility of the relevant
  regional
  , local
  and
  other
  public authorities. Pre-existing strategic documents concerning the covered areas may be updated and used for
  territorial
  strategies
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Territorial strategies shall be
  drawn up
  under the responsibility of the relevant
  urban
  , local
  or
  other territorial
  authorities or bodies
  .

2.   Territorial strategies shall be
  prepared and endorsed
  under the responsibility of the relevant
  regional
  , local
  and
  other
  public authorities. Pre-existing strategic documents concerning the covered areas may be updated and used for
  territorial
  strategies
  .

Amendment 182

Amendment 182

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 3 — subparagraph 1

Article 23 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where the list of operations to be supported has not been included in the territorial strategy, the relevant
  urban
  , local or other territorial authorities or bodies shall select or shall be involved in the selection of operations. | Where the list of operations to be supported has not been included in the territorial strategy, the relevant
  regional,
  local or other territorial authorities or bodies shall select or shall be involved in the selection of operations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where the list of operations to be supported has not been included in the territorial strategy, the relevant
  urban
  , local or other territorial authorities or bodies shall select or shall be involved in the selection of operations.

urban

Where the list of operations to be supported has not been included in the territorial strategy, the relevant
  regional,
  local or other territorial authorities or bodies shall select or shall be involved in the selection of operations.

regional,

Amendment 183

Amendment 183

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 3 a (new)

Article 23 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3 a.
     
  When preparing territorial strategies, the authorities referred to in paragraph 2 shall cooperate with relevant managing authorities, in order to determine the scope of operations to be supported under the relevant programme. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3 a.
     
  When preparing territorial strategies, the authorities referred to in paragraph 2 shall cooperate with relevant managing authorities, in order to determine the scope of operations to be supported under the relevant programme.

Amendment 184

Amendment 184

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 4

Article 23 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Where
  an urban
  , local or other
  territorial
  authority or body carries out tasks falling under the responsibility of the managing authority other than the selection of operations, the authority shall be identified by the managing authority as an intermediate body. | 4.   Where
  a regional
  , local or other
  public
  authority or
  other
  body carries out tasks falling under the responsibility of the managing authority other than the selection of operations, the authority shall be identified by the managing authority as an intermediate body. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Where
  an urban
  , local or other
  territorial
  authority or body carries out tasks falling under the responsibility of the managing authority other than the selection of operations, the authority shall be identified by the managing authority as an intermediate body.

4.   Where
  a regional
  , local or other
  public
  authority or
  other
  body carries out tasks falling under the responsibility of the managing authority other than the selection of operations, the authority shall be identified by the managing authority as an intermediate body.

Amendment 185

Amendment 185

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 4 — subparagraph 1 a (new)

Article 23 — paragraph 4 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The selected operations may be supported under more than one priority of the same programme. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The selected operations may be supported under more than one priority of the same programme.

The selected operations may be supported under more than one priority of the same programme.

Amendment 186

Amendment 186

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 1

Article 24 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where a strategy implemented in accordance with Article 23 involves investments that receive support from one or more
  Funds
  , from more than one programme or from more than one priority of the same programme, actions may be carried out as an integrated territorial investment (‘ITI’). | 1.   Where a strategy implemented in accordance with Article 23 involves investments that receive support from one or more
  than one Fund
  , from more than one programme or from more than one priority of the same programme, actions may be carried out as an integrated territorial investment (‘ITI’).
  Where appropriate, each ITI may be complemented by financial support from the EAFRD. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Where a strategy implemented in accordance with Article 23 involves investments that receive support from one or more
  Funds
  , from more than one programme or from more than one priority of the same programme, actions may be carried out as an integrated territorial investment (‘ITI’).

1.   Where a strategy implemented in accordance with Article 23 involves investments that receive support from one or more
  than one Fund
  , from more than one programme or from more than one priority of the same programme, actions may be carried out as an integrated territorial investment (‘ITI’).
  Where appropriate, each ITI may be complemented by financial support from the EAFRD.

Amendment 187

Amendment 187

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 2 a (new)

Article 24 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Where the list of operations to be supported has not been included in the territorial strategy, the relevant regional, local, other public authorities or bodies shall be involved in the selection of operations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Where the list of operations to be supported has not been included in the territorial strategy, the relevant regional, local, other public authorities or bodies shall be involved in the selection of operations.

Amendment 188

Amendment 188

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 1

Article 25 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The ERDF, the ESF+
  and
  the EMFF
  may
  support community-led local development. | 1.   The ERDF, the ESF+, the EMFF
  and the EAFRD shall
  support community-led local development.
  In the context of the EAFRD, such development shall be designated as LEADER local development. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The ERDF, the ESF+
  and
  the EMFF
  may
  support community-led local development.

1.   The ERDF, the ESF+, the EMFF
  and the EAFRD shall
  support community-led local development.
  In the context of the EAFRD, such development shall be designated as LEADER local development.

Amendment 189

Amendment 189

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 2 — point b

Article 25 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | led by local action groups composed of representatives of public and private local socio-economic interests, in which no single interest group controls the decision-making; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

led by local action groups composed of representatives of public and private local socio-economic interests, in which no single interest group controls the decision-making;

| (b) | led by local action groups composed of representatives of public and private local socio-economic interests, in which no single interest group
  , including the public sector,
   controls the decision-making; |
| --- | --- |

(b)

led by local action groups composed of representatives of public and private local socio-economic interests, in which no single interest group
  , including the public sector,
   controls the decision-making;

, including the public sector,

Amendment 190

Amendment 190

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 2 — point d

Article 25 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | supportive of networking, innovative features in the local context and, where appropriate, cooperation with other territorial actors. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

supportive of networking, innovative features in the local context and, where appropriate, cooperation with other territorial actors.

| (d) | supportive of networking
  , bottom-up approaches, accessibility
  , innovative features in the local context and, where appropriate, cooperation with other territorial actors. |
| --- | --- |

(d)

supportive of networking
  , bottom-up approaches, accessibility
  , innovative features in the local context and, where appropriate, cooperation with other territorial actors.

, bottom-up approaches, accessibility

Amendment 191

Amendment 191

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 4

Article 25 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Where the implementation of such a strategy involves support from more than one Fund, the relevant managing authorities may choose one of the Funds concerned as the Lead Fund. | 4.   Where the implementation of such a strategy involves support from more than one Fund, the relevant managing authorities may choose one of the Funds concerned as the Lead Fund.
  The type of measures and operations to be financed by each affected Fund may also be specified. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Where the implementation of such a strategy involves support from more than one Fund, the relevant managing authorities may choose one of the Funds concerned as the Lead Fund.

4.   Where the implementation of such a strategy involves support from more than one Fund, the relevant managing authorities may choose one of the Funds concerned as the Lead Fund.
  The type of measures and operations to be financed by each affected Fund may also be specified.

Amendment 192

Amendment 192

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 1 — point d

Article 26 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | the objectives of that strategy, including measurable targets for results, and related planned actions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

the objectives of that strategy, including measurable targets for results, and related planned actions;

| (d) | the objectives of that strategy, including measurable targets for results, and related planned actions
  in response to local needs as identified by the local community
  ; |
| --- | --- |

(d)

the objectives of that strategy, including measurable targets for results, and related planned actions
  in response to local needs as identified by the local community
  ;

in response to local needs as identified by the local community

Amendment 193

Amendment 193

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 1 — point f

Article 26 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | a financial plan, including the planned allocation from each Fund and programme concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

a financial plan, including the planned allocation from each Fund and programme concerned.

| (f) | a financial plan, including the planned allocation from each Fund
  , including where appropriate the EAFRD,
  and
  each
  programme concerned. |
| --- | --- |

(f)

a financial plan, including the planned allocation from each Fund
  , including where appropriate the EAFRD,
  and
  each
  programme concerned.

, including where appropriate the EAFRD,

each

Amendment 194

Amendment 194

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 4

Article 26 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The decision approving a strategy shall set out the allocation of each Fund and programme concerned and set out the responsibilities for the management and control tasks under the programme or programmes. | 4.   The decision approving a strategy shall set out the allocation of each Fund and programme concerned and set out the responsibilities for the management and control tasks under the programme or programmes.
  Corresponding national public contributions shall be guaranteed upfront for the whole period. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The decision approving a strategy shall set out the allocation of each Fund and programme concerned and set out the responsibilities for the management and control tasks under the programme or programmes.

4.   The decision approving a strategy shall set out the allocation of each Fund and programme concerned and set out the responsibilities for the management and control tasks under the programme or programmes.
  Corresponding national public contributions shall be guaranteed upfront for the whole period.

Amendment 195

Amendment 195

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 2

Article 27 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The managing authorities shall ensure that the local action groups either select one partner within the group as a lead partner in administrative and financial matters, or come together in a legally constituted common structure. | 2.   The managing authorities shall ensure that the local action groups
  are inclusive, and that they
  either select one partner within the group as a lead partner in administrative and financial matters, or come together in a legally constituted common structure
  , in order to implement tasks relating to the community-led local development strategy
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The managing authorities shall ensure that the local action groups either select one partner within the group as a lead partner in administrative and financial matters, or come together in a legally constituted common structure.

2.   The managing authorities shall ensure that the local action groups
  are inclusive, and that they
  either select one partner within the group as a lead partner in administrative and financial matters, or come together in a legally constituted common structure
  , in order to implement tasks relating to the community-led local development strategy
  .

Amendment 196

Amendment 196

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 3 — point a

Article 27 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | building the capacity of local actors to develop and implement operations; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

building the capacity of local actors to develop and implement operations;

| (a) | building the
  administrative
  capacity of local actors to develop and implement operations; |
| --- | --- |

(a)

building the
  administrative
  capacity of local actors to develop and implement operations;

administrative

Amendment 197

Amendment 197

Proposal for a regulation

Proposal for a regulation

Article 27 — paragraph 5

Article 27 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   The local action group may be a beneficiary and may implement operations in accordance with the strategy. | 5.   The local action group may be a beneficiary and may implement operations in accordance with the strategy
  , encouraging the separation of functions inside the local action group
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   The local action group may be a beneficiary and may implement operations in accordance with the strategy.

5.   The local action group may be a beneficiary and may implement operations in accordance with the strategy
  , encouraging the separation of functions inside the local action group
  .

Amendment 198

Amendment 198

Proposal for a regulation

Proposal for a regulation

Article 28 — paragraph 1 — introductory part

Article 28 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Member State shall ensure that support from the Funds for community-led local development covers: | 1.   
  With a view to ensuring complementarities and synergies,
  the Member State shall ensure that support from the Funds for community-led local development covers: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The Member State shall ensure that support from the Funds for community-led local development covers:

1.   
  With a view to ensuring complementarities and synergies,
  the Member State shall ensure that support from the Funds for community-led local development covers:

Amendment 199

Amendment 199

Proposal for a regulation

Proposal for a regulation

Article 28 — paragraph 1 — point a

Article 28 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | capacity building and preparatory actions supporting the design and future implementation of the strategies; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

capacity building and preparatory actions supporting the design and future implementation of the strategies;

| (a) | administrative
  capacity building and preparatory actions supporting the design and future implementation of the strategies; |
| --- | --- |

(a)

administrative
  capacity building and preparatory actions supporting the design and future implementation of the strategies;

administrative

Amendment 200

Amendment 200

Proposal for a regulation

Proposal for a regulation

Article 28 — paragraph 1 — point b a (new)

Article 28 — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | animation of the community-led local development strategy in order to facilitate exchange between stakeholders, to provide them with information and to support potential beneficiaries in their preparation of applications; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

animation of the community-led local development strategy in order to facilitate exchange between stakeholders, to provide them with information and to support potential beneficiaries in their preparation of applications;

animation of the community-led local development strategy in order to facilitate exchange between stakeholders, to provide them with information and to support potential beneficiaries in their preparation of applications;

Amendment 201

Amendment 201

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 1 a (new)

Article 29 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  The actions referred to in the first subparagraph may include in particular: |
| | (a) | assistance for project preparation and appraisal; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  The actions referred to in the first subparagraph may include in particular:

(a)

(a)

assistance for project preparation and appraisal;

assistance for project preparation and appraisal;

| (b) | support for institutional strengthening and administrative capacity-building for the effective management of the Funds; |
| --- | --- |

(b)

(b)

support for institutional strengthening and administrative capacity-building for the effective management of the Funds;

support for institutional strengthening and administrative capacity-building for the effective management of the Funds;

| (c) | studies linked to the Commission's reporting on the Funds and the cohesion report; |
| --- | --- |

(c)

(c)

studies linked to the Commission's reporting on the Funds and the cohesion report;

studies linked to the Commission's reporting on the Funds and the cohesion report;

| (d) | measures related to the analysis, management, monitoring, information exchange and implementation of the Funds, as well as measures relating to the implementation of control systems and technical and administrative assistance; |
| --- | --- |

(d)

(d)

measures related to the analysis, management, monitoring, information exchange and implementation of the Funds, as well as measures relating to the implementation of control systems and technical and administrative assistance;

measures related to the analysis, management, monitoring, information exchange and implementation of the Funds, as well as measures relating to the implementation of control systems and technical and administrative assistance;

| (e) | evaluations, expert reports, statistics and studies, including those of a general nature, concerning the current and future operation of the Funds; |
| --- | --- |

(e)

(e)

evaluations, expert reports, statistics and studies, including those of a general nature, concerning the current and future operation of the Funds;

evaluations, expert reports, statistics and studies, including those of a general nature, concerning the current and future operation of the Funds;

| (f) | actions to disseminate information, support networking where appropriate, carry out communication activities with particular attention to the results and added value of support from the Funds, and to raise awareness and promote cooperation and exchange of experience, including with third countries; |
| --- | --- |

(f)

(f)

actions to disseminate information, support networking where appropriate, carry out communication activities with particular attention to the results and added value of support from the Funds, and to raise awareness and promote cooperation and exchange of experience, including with third countries;

actions to disseminate information, support networking where appropriate, carry out communication activities with particular attention to the results and added value of support from the Funds, and to raise awareness and promote cooperation and exchange of experience, including with third countries;

| (g) | the installation, operation and interconnection of computerised systems for management, monitoring, audit, control and evaluation; |
| --- | --- |

(g)

(g)

the installation, operation and interconnection of computerised systems for management, monitoring, audit, control and evaluation;

the installation, operation and interconnection of computerised systems for management, monitoring, audit, control and evaluation;

| (h) | actions to improve evaluation methods and the exchange of information on evaluation practices; |
| --- | --- |

(h)

(h)

actions to improve evaluation methods and the exchange of information on evaluation practices;

actions to improve evaluation methods and the exchange of information on evaluation practices;

| (i) | actions related to auditing; |
| --- | --- |

(i)

(i)

actions related to auditing;

actions related to auditing;

| (j) | the strengthening of national and regional capacity regarding investment planning, funding needs, preparation, design and implementation of financial instruments, joint action plans and major projects; |
| --- | --- |

(j)

(j)

the strengthening of national and regional capacity regarding investment planning, funding needs, preparation, design and implementation of financial instruments, joint action plans and major projects;

the strengthening of national and regional capacity regarding investment planning, funding needs, preparation, design and implementation of financial instruments, joint action plans and major projects;

| (k) | the dissemination of good practices in order to assist Member States to strengthen the capacity of the relevant partners referred to in Article 6(1) and their umbrella organisations. |
| --- | --- |

(k)

(k)

the dissemination of good practices in order to assist Member States to strengthen the capacity of the relevant partners referred to in Article 6(1) and their umbrella organisations.

the dissemination of good practices in order to assist Member States to strengthen the capacity of the relevant partners referred to in Article 6(1) and their umbrella organisations.

Amendment 202

Amendment 202

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 1 b (new)

Article 29 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1b.
     
  The Commission shall dedicate at least 15 % of the resources for technical assistance at the initiative of the Commission to bring about greater efficiency in communication to the public and stronger synergies between the communication activities undertaken at the initiative of the Commission, by extending the knowledge base on results, in particular through more effective data collection and dissemination, evaluations and reporting, and especially by highlighting the contribution of the Funds to improving the lives of citizens, and by increasing the visibility of support from the Funds as well as by raising awareness about the results and the added value of such support. Information, communication and visibility measures on results and added value of support from the Funds, with particular focus on operations, shall be continued after the closure of the programmes, where appropriate. Such measures shall also contribute to the corporate communication of the political priorities of the Union as far as they are related to the general objectives of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1b.
     
  The Commission shall dedicate at least 15 % of the resources for technical assistance at the initiative of the Commission to bring about greater efficiency in communication to the public and stronger synergies between the communication activities undertaken at the initiative of the Commission, by extending the knowledge base on results, in particular through more effective data collection and dissemination, evaluations and reporting, and especially by highlighting the contribution of the Funds to improving the lives of citizens, and by increasing the visibility of support from the Funds as well as by raising awareness about the results and the added value of such support. Information, communication and visibility measures on results and added value of support from the Funds, with particular focus on operations, shall be continued after the closure of the programmes, where appropriate. Such measures shall also contribute to the corporate communication of the political priorities of the Union as far as they are related to the general objectives of this Regulation.

Amendment 203

Amendment 203

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 2

Article 29 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Such actions may cover
  future and
  previous programming periods. | 2.   Such actions may cover previous
  and future
   programming periods. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Such actions may cover
  future and
  previous programming periods.

2.   Such actions may cover previous
  and future
   programming periods.

Amendment 204

Amendment 204

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 2 a (new)

Article 29 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2 a.
     
  In order to avoid situations where payments are suspended, the Commission shall ensure that Member States and regions which face compliance concerns due to a lack of administrative capacity receive adequate technical assistance to improve that administrative capacity. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2 a.
     
  In order to avoid situations where payments are suspended, the Commission shall ensure that Member States and regions which face compliance concerns due to a lack of administrative capacity receive adequate technical assistance to improve that administrative capacity.

Amendment 205

Amendment 205

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 1

Article 30 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   At the initiative of a Member State, the Funds may support actions, which may concern previous and subsequent programming periods, necessary for the effective administration and use of those Funds. | 1.   At the initiative of a Member State, the Funds may support actions, which may concern previous and subsequent programming periods, necessary for the effective administration and use of those Funds
  , for the capacity building of the partners referred to in Article 6, as well as to ensure functions such as preparation, training, management, monitoring, evaluation, visibility and communication
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   At the initiative of a Member State, the Funds may support actions, which may concern previous and subsequent programming periods, necessary for the effective administration and use of those Funds.

1.   At the initiative of a Member State, the Funds may support actions, which may concern previous and subsequent programming periods, necessary for the effective administration and use of those Funds
  , for the capacity building of the partners referred to in Article 6, as well as to ensure functions such as preparation, training, management, monitoring, evaluation, visibility and communication
  .

Amendment 206

Amendment 206

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 3

Article 30 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Within each programme, technical assistance shall take the form of a priority relating to one single Fund. | 3.   Within each programme, technical assistance shall take the form of a priority relating to
  either
  one single Fund
  or several Funds
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Within each programme, technical assistance shall take the form of a priority relating to one single Fund.

3.   Within each programme, technical assistance shall take the form of a priority relating to
  either
  one single Fund
  or several Funds
  .

Amendment 207

Amendment 207

Proposal for a regulation

Proposal for a regulation

Article 31 — paragraph 2 — introductory part

Article 31 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The percentage of the Funds reimbursed for technical assistance
  shall be the following
  : | 2.   
  On the basis of an agreement between the Commission and the Member States and taking into account the programme financial plan,
  the percentage of the Funds reimbursed for technical assistance
  may be up to
  : |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The percentage of the Funds reimbursed for technical assistance
  shall be the following
  :

2.   
  On the basis of an agreement between the Commission and the Member States and taking into account the programme financial plan,
  the percentage of the Funds reimbursed for technical assistance
  may be up to
  :

Amendment 208

Amendment 208

Proposal for a regulation

Proposal for a regulation

Article 31 — paragraph 2 — point a

Article 31 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | for the ERDF support under the Investment for jobs and growth goal, and for the Cohesion Fund support:
  2,5
  %; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

for the ERDF support under the Investment for jobs and growth goal, and for the Cohesion Fund support:
  2,5
  %;

2,5

| (a) | for the ERDF support under the Investment for jobs and growth goal, and for the Cohesion Fund support:
  3
  %; |
| --- | --- |

(a)

for the ERDF support under the Investment for jobs and growth goal, and for the Cohesion Fund support:
  3
  %;

3

Amendment 209

Amendment 209

Proposal for a regulation

Proposal for a regulation

Article 31 — paragraph 2 — point b

Article 31 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | for the ESF+ support:
  4 %
  and for programmes under Article
  4(1)(c)
  (
  vii
  ) of the ESF+ Regulation:
  5
  %; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

for the ESF+ support:
  4 %
  and for programmes under Article
  4(1)(c)
  (
  vii
  ) of the ESF+ Regulation:
  5
  %;

4 %

4(1)(c)

vii

5

| (b) | for the ESF+ support:
  5 %
  and for programmes under Article
  4(1)
  (
  xi
  ) of the ESF+ Regulation:
  6
  %; |
| --- | --- |

(b)

for the ESF+ support:
  5 %
  and for programmes under Article
  4(1)
  (
  xi
  ) of the ESF+ Regulation:
  6
  %;

5 %

4(1)

xi

6

Amendment 210

Amendment 210

Proposal for a regulation

Proposal for a regulation

Article 31 — paragraph 2 — point d

Article 31 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | for the AMIF, the ISF and the BMVI support:
  6
  %. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

for the AMIF, the ISF and the BMVI support:
  6
  %.

6

| (d) | for the AMIF, the ISF and the BMVI support:
  7
  %. |
| --- | --- |

(d)

for the AMIF, the ISF and the BMVI support:
  7
  %.

7

Amendment 211

Amendment 211

Proposal for a regulation

Proposal for a regulation

Article 31 — paragraph 2 — subparagraph 1 a (new)

Article 31 — paragraph 2 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | For the outermost regions, for (a), (b), (c) the percentage shall be up to 1 % higher. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For the outermost regions, for (a), (b), (c) the percentage shall be up to 1 % higher.

For the outermost regions, for (a), (b), (c) the percentage shall be up to 1 % higher.

Amendment 212

Amendment 212

Proposal for a regulation

Proposal for a regulation

Article 32 — paragraph 1

Article 32 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| In addition to Article 31, the Member State may propose to undertake additional technical assistance actions to reinforce the capacity
  of Member State
  authorities, beneficiaries and relevant partners necessary for the effective administration and use of the Funds. | In addition to Article 31, the Member State may propose to undertake additional technical assistance actions to reinforce the
  institutional
  capacity
  and efficiency of public
  authorities
  and services
  , beneficiaries and relevant partners necessary for the effective administration and use of the Funds. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In addition to Article 31, the Member State may propose to undertake additional technical assistance actions to reinforce the capacity
  of Member State
  authorities, beneficiaries and relevant partners necessary for the effective administration and use of the Funds.

of Member State

In addition to Article 31, the Member State may propose to undertake additional technical assistance actions to reinforce the
  institutional
  capacity
  and efficiency of public
  authorities
  and services
  , beneficiaries and relevant partners necessary for the effective administration and use of the Funds.

institutional

and efficiency of public

and services

Amendment 213

Amendment 213

Proposal for a regulation

Proposal for a regulation

Article 32 — paragraph 2

Article 32 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Support for such actions shall be implemented by financing not linked to costs in accordance with Article 89. | Support for such actions shall be implemented by financing not linked to costs in accordance with Article 89.
  Technical assistance in the form of an optional specific programme may be implemented either through financing not linked to costs for technical assistance or through reimbursement of direct costs. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Support for such actions shall be implemented by financing not linked to costs in accordance with Article 89.

Support for such actions shall be implemented by financing not linked to costs in accordance with Article 89.
  Technical assistance in the form of an optional specific programme may be implemented either through financing not linked to costs for technical assistance or through reimbursement of direct costs.

Technical assistance in the form of an optional specific programme may be implemented either through financing not linked to costs for technical assistance or through reimbursement of direct costs.

Amendment 214

Amendment 214

Proposal for a regulation

Proposal for a regulation

Article 33 — paragraph 1 — subparagraph 1

Article 33 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Member State shall set up a committee to monitor the implementation of the programme (‘monitoring committee’) within three months of the date of notification to the Member State concerned of the decision approving the programme. | The Member State shall set up a committee to monitor the implementation of the programme (‘monitoring committee’)
  , after consultation with the managing authority,
  within three months of the date of notification to the Member State concerned of the decision approving the programme. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Member State shall set up a committee to monitor the implementation of the programme (‘monitoring committee’) within three months of the date of notification to the Member State concerned of the decision approving the programme.

The Member State shall set up a committee to monitor the implementation of the programme (‘monitoring committee’)
  , after consultation with the managing authority,
  within three months of the date of notification to the Member State concerned of the decision approving the programme.

, after consultation with the managing authority,

Amendment 215

Amendment 215

Proposal for a regulation

Proposal for a regulation

Article 33 — paragraph 2

Article 33 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Each monitoring committee shall adopt its rules of procedure. | 2.   Each monitoring committee shall adopt its rules of procedure
  , taking into account the need for full transparency
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Each monitoring committee shall adopt its rules of procedure.

2.   Each monitoring committee shall adopt its rules of procedure
  , taking into account the need for full transparency
  .

Amendment 216

Amendment 216

Proposal for a regulation

Proposal for a regulation

Article 33 — paragraph 5

Article 33 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Paragraphs 1 to 4 shall not apply to programmes under Article [
  4(c)
  (
  vi
  )] of the ESF+ Regulation and related technical assistance. | 5.   Paragraphs 1 to 4 shall not apply to programmes under Article [
  4(1)
  (
  xi
  )] of the ESF+ Regulation and related technical assistance. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Paragraphs 1 to 4 shall not apply to programmes under Article [
  4(c)
  (
  vi
  )] of the ESF+ Regulation and related technical assistance.

5.   Paragraphs 1 to 4 shall not apply to programmes under Article [
  4(1)
  (
  xi
  )] of the ESF+ Regulation and related technical assistance.

Amendment 217

Amendment 217

Proposal for a regulation

Proposal for a regulation

Article 34 — paragraph 1 — subparagraph 1

Article 34 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Member State shall determine the composition of the monitoring committee and shall ensure a balanced representation of the relevant Member State authorities and intermediate bodies and of representatives of the partners referred to in Article 6. | The Member State shall determine the composition of the monitoring committee and shall ensure a balanced representation of the relevant Member State authorities and intermediate bodies and of representatives of the partners referred to in Article 6
  through a transparent process
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Member State shall determine the composition of the monitoring committee and shall ensure a balanced representation of the relevant Member State authorities and intermediate bodies and of representatives of the partners referred to in Article 6.

The Member State shall determine the composition of the monitoring committee and shall ensure a balanced representation of the relevant Member State authorities and intermediate bodies and of representatives of the partners referred to in Article 6
  through a transparent process
  .

through a transparent process

Amendment 218

Amendment 218

Proposal for a regulation

Proposal for a regulation

Article 34 — paragraph 2

Article 34 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Representatives of the Commission shall participate in the work of the monitoring committee in an advisory capacity. | 2.   Representatives of the Commission shall participate in the work of the monitoring committee in
  a monitoring and
  an advisory capacity.
  Representatives of the EIB may be invited to participate in the work of the monitoring committee, in an advisory capacity, where appropriate. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Representatives of the Commission shall participate in the work of the monitoring committee in an advisory capacity.

2.   Representatives of the Commission shall participate in the work of the monitoring committee in
  a monitoring and
  an advisory capacity.
  Representatives of the EIB may be invited to participate in the work of the monitoring committee, in an advisory capacity, where appropriate.

Amendment 219

Amendment 219

Proposal for a regulation

Proposal for a regulation

Article 34 — paragraph 2 a (new)

Article 34 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  For the AMIF, the ISF and the BMVI, relevant decentralised agencies shall participate in the work of the monitoring committee in an advisory capacity. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  For the AMIF, the ISF and the BMVI, relevant decentralised agencies shall participate in the work of the monitoring committee in an advisory capacity.

Amendment 220

Amendment 220

Proposal for a regulation

Proposal for a regulation

Article 35 — paragraph 1 — point a a (new)

Article 35 — paragraph 1 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | proposals for possible simplification measures for beneficiaries; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

proposals for possible simplification measures for beneficiaries;

proposals for possible simplification measures for beneficiaries;

Amendment 221

Amendment 221

Proposal for a regulation

Proposal for a regulation

Article 35 — paragraph 1 — point b

Article 35 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | any issues that affect the performance of the programme and the measures taken to address those issues; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

any issues that affect the performance of the programme and the measures taken to address those issues;

| (b) | any issues that affect the performance of the programme and the measures taken to address those issues
  , including also any irregularities, where appropriate
  ; |
| --- | --- |

(b)

any issues that affect the performance of the programme and the measures taken to address those issues
  , including also any irregularities, where appropriate
  ;

, including also any irregularities, where appropriate

Amendment 222

Amendment 222

Proposal for a regulation

Proposal for a regulation

Article 35 — paragraph 1 — point i

Article 35 — paragraph 1 — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | the progress in administrative capacity building for public institutions and beneficiaries, where relevant. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

the progress in administrative capacity building for public institutions and beneficiaries, where relevant.

| (i) | the progress in administrative capacity building for public institutions
  , partners
   and beneficiaries, where relevant. |
| --- | --- |

(i)

the progress in administrative capacity building for public institutions
  , partners
   and beneficiaries, where relevant.

, partners

Amendment 224

Amendment 224

Proposal for a regulation

Proposal for a regulation

Article 35 — paragraph 2 — point b

Article 35 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the annual performance reports for programmes supported by the EMFF, the
  AMF
  , the ISF and the BMVI, and the final performance report for programmes supported by the ERDF, the ESF+ and the Cohesion Fund; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

the annual performance reports for programmes supported by the EMFF, the
  AMF
  , the ISF and the BMVI, and the final performance report for programmes supported by the ERDF, the ESF+ and the Cohesion Fund;

AMF

| (b) | the annual performance reports for programmes supported by the EMFF, the
  AMIF
  , the ISF and the BMVI, and the final performance report for programmes supported by the ERDF, the ESF+ and the Cohesion Fund; |
| --- | --- |

(b)

the annual performance reports for programmes supported by the EMFF, the
  AMIF
  , the ISF and the BMVI, and the final performance report for programmes supported by the ERDF, the ESF+ and the Cohesion Fund;

AMIF

Amendment 225

Amendment 225

Proposal for a regulation

Proposal for a regulation

Article 35 — paragraph 2 — point d a (new)

Article 35 — paragraph 2 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | changes to the list of planned operations of strategic importance referred to in point (d) of Article 17(3); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

changes to the list of planned operations of strategic importance referred to in point (d) of Article 17(3);

changes to the list of planned operations of strategic importance referred to in point (d) of Article 17(3);

Amendment 226

Amendment 226

Proposal for a regulation

Proposal for a regulation

Article 35 — paragraph 2 a (new)

Article 35 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The monitoring committee may propose to the managing authority further functions of intervention. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  The monitoring committee may propose to the managing authority further functions of intervention.

Amendment 227

Amendment 227

Proposal for a regulation

Proposal for a regulation

Article 36 — paragraph 1 — subparagraph 1

Article 36 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| An annual review meeting shall be organised between the Commission and each Member State to examine the performance of each programme. | An annual review meeting shall be organised between the Commission and each Member State to examine the performance of each programme.
  Managing authorities shall be duly involved in this process. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

An annual review meeting shall be organised between the Commission and each Member State to examine the performance of each programme.

An annual review meeting shall be organised between the Commission and each Member State to examine the performance of each programme.
  Managing authorities shall be duly involved in this process.

Managing authorities shall be duly involved in this process.

Amendment 228

Amendment 228

Proposal for a regulation

Proposal for a regulation

Article 36 — paragraph 6

Article 36 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   For programmes supported by the EMFF, the
  AMF
  , the ISF and the BMVI, the Member State shall submit an annual performance report in accordance with the Fund-specific Regulations. | 6.   For programmes supported by the EMFF, the
  AMIF
  , the ISF and the BMVI, the Member State shall submit an annual performance report in accordance with the Fund-specific Regulations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   For programmes supported by the EMFF, the
  AMF
  , the ISF and the BMVI, the Member State shall submit an annual performance report in accordance with the Fund-specific Regulations.

6.   For programmes supported by the EMFF, the
  AMIF
  , the ISF and the BMVI, the Member State shall submit an annual performance report in accordance with the Fund-specific Regulations.

Amendment 229

Amendment 229

Proposal for a regulation

Proposal for a regulation

Article 37 — paragraph 1 — subparagraph 2

Article 37 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The first transmission shall be due by
  31 January
  2022 and the last one by
  31 January
  2030. | The first transmission shall be due by
  28 February
  2022 and the last one by
  28 February
  2030. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The first transmission shall be due by
  31 January
  2022 and the last one by
  31 January
  2030.

31 January

31 January

The first transmission shall be due by
  28 February
  2022 and the last one by
  28 February
  2030.

28 February

28 February

Amendment 230

Amendment 230

Proposal for a regulation

Proposal for a regulation

Article 37 — paragraph 1 — subparagraph 3

Article 37 — paragraph 1 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| For programmes under Article
  4(1)(c)
  (
  vii
  ) of the ESF+ Regulation, data shall be transmitted annually by 30 November. | For programmes under Article
  4(1)
  (
  xi
  ) of the ESF+ Regulation, data shall be transmitted annually by 30 November. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For programmes under Article
  4(1)(c)
  (
  vii
  ) of the ESF+ Regulation, data shall be transmitted annually by 30 November.

4(1)(c)

vii

For programmes under Article
  4(1)
  (
  xi
  ) of the ESF+ Regulation, data shall be transmitted annually by 30 November.

4(1)

xi

Amendment 231

Amendment 231

Proposal for a regulation

Proposal for a regulation

Article 37 — paragraph 2 — point a

Article 37 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the number of selected operations, their total eligible cost, the contribution from the Funds and the total eligible expenditure declared by the beneficiaries to the managing authority, all broken down by types of intervention; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the number of selected operations, their total eligible cost, the contribution from the Funds and the total eligible expenditure declared by the beneficiaries to the managing authority, all broken down by types of intervention;

| (a) | in the data transmissions due by 31 January, 31 March, 31 May, 31 July, 30 September and 30 November of each year,
  the number of selected operations, their total eligible cost, the contribution from the Funds and the total eligible expenditure declared by the beneficiaries to the managing authority, all broken down by types of intervention; |
| --- | --- |

(a)

in the data transmissions due by 31 January, 31 March, 31 May, 31 July, 30 September and 30 November of each year,
  the number of selected operations, their total eligible cost, the contribution from the Funds and the total eligible expenditure declared by the beneficiaries to the managing authority, all broken down by types of intervention;

in the data transmissions due by 31 January, 31 March, 31 May, 31 July, 30 September and 30 November of each year,

Amendment 232

Amendment 232

Proposal for a regulation

Proposal for a regulation

Article 37 — paragraph 2 — point b

Article 37 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the values of output and result indicators for selected operations and values achieved by operations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

the values of output and result indicators for selected operations and values achieved by operations.

| (b) | in the data transmissions due by 31 May and 30 November of each year only,
  the values of output and result indicators for selected operations and values achieved by operations. |
| --- | --- |

(b)

in the data transmissions due by 31 May and 30 November of each year only,
  the values of output and result indicators for selected operations and values achieved by operations.

in the data transmissions due by 31 May and 30 November of each year only,

Amendment 233

Amendment 233

Proposal for a regulation

Proposal for a regulation

Article 39 — paragraph 1

Article 39 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The managing authority shall carry out evaluations of the programme. Each evaluation shall assess the programme's effectiveness, efficiency, relevance, coherence and EU added value with the aim to improve the quality of the design and implementation of programmes. | 1.   The managing authority shall carry out evaluations of the programme. Each evaluation shall assess the programme's
  inclusiveness, non-discriminatory nature,
  effectiveness, efficiency, relevance, coherence
  , visibility
  and EU added value with the aim to improve the quality of the design and implementation of programmes. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The managing authority shall carry out evaluations of the programme. Each evaluation shall assess the programme's effectiveness, efficiency, relevance, coherence and EU added value with the aim to improve the quality of the design and implementation of programmes.

1.   The managing authority shall carry out evaluations of the programme. Each evaluation shall assess the programme's
  inclusiveness, non-discriminatory nature,
  effectiveness, efficiency, relevance, coherence
  , visibility
  and EU added value with the aim to improve the quality of the design and implementation of programmes.

Amendment 234

Amendment 234

Proposal for a regulation

Proposal for a regulation

Article 40 — paragraph 2 a (new)

Article 40 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The evaluation referred to in paragraph 2 shall include an evaluation of the socio-economic impact and the funding needs under the policy objectives referred to in Article 4(1), within and among the programmes with a focus on a more competitive and smarter Europe by promoting innovative and smart economic transformation and a more connected Europe by enhancing mobility, including smart and sustainable mobility and regional ICT connectivity. The Commission shall publish the results of the evaluation on its website and communicate those results to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  The evaluation referred to in paragraph 2 shall include an evaluation of the socio-economic impact and the funding needs under the policy objectives referred to in Article 4(1), within and among the programmes with a focus on a more competitive and smarter Europe by promoting innovative and smart economic transformation and a more connected Europe by enhancing mobility, including smart and sustainable mobility and regional ICT connectivity. The Commission shall publish the results of the evaluation on its website and communicate those results to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

Amendment 235

Amendment 235

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1 — subparagraph 2 — point b

Article 43 — paragraph 1 — subparagraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | other relevant partners and bodies. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

other relevant partners and bodies.

| (b) | other relevant partners and bodies
  , including regional, local and other public authorities, and economic and social partners
  . |
| --- | --- |

(b)

other relevant partners and bodies
  , including regional, local and other public authorities, and economic and social partners
  .

, including regional, local and other public authorities, and economic and social partners

Amendment 236

Amendment 236

Proposal for a regulation

Proposal for a regulation

Article 44 — paragraph 1

Article 44 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The managing authority shall ensure that, within six months of the programme's approval, there is a website where information on programmes under its responsibility is available, covering the programme’s objectives, activities, available funding opportunities and achievements. | 1.   The managing authority shall ensure that, within six months of the programme's approval, there is a website where information on programmes under its responsibility is available, covering the programme’s objectives, activities,
  indicative timetable for calls for proposals,
  available funding opportunities and achievements. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The managing authority shall ensure that, within six months of the programme's approval, there is a website where information on programmes under its responsibility is available, covering the programme’s objectives, activities, available funding opportunities and achievements.

1.   The managing authority shall ensure that, within six months of the programme's approval, there is a website where information on programmes under its responsibility is available, covering the programme’s objectives, activities,
  indicative timetable for calls for proposals,
  available funding opportunities and achievements.

Amendment 237

Amendment 237

Proposal for a regulation

Proposal for a regulation

Article 44 — paragraph 3 — subparagraph 1 — point a

Article 44 — paragraph 3 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | in the case of legal entities, the beneficiary's name; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

in the case of legal entities, the beneficiary's name;

| (a) | in the case of legal entities, the beneficiary's
  and the contractor’s
  name; |
| --- | --- |

(a)

in the case of legal entities, the beneficiary's
  and the contractor’s
  name;

and the contractor’s

Amendment 240

Amendment 240

Proposal for a regulation

Proposal for a regulation

Article 45 — paragraph 1 — point a

Article 45 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | providing on the beneficiary's professional website
  or
  social media sites, where such sites exist, a short description of the operation, proportionate to the level of support, including its aims and results, and highlighting the financial support from the Union; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

providing on the beneficiary's professional website
  or
  social media sites, where such sites exist, a short description of the operation, proportionate to the level of support, including its aims and results, and highlighting the financial support from the Union;

or

| (a) | providing on the beneficiary's professional website
  and
  social media sites, where such sites exist, a short description of the operation, proportionate to the level of support, including its aims and results, and highlighting the financial support from the Union; |
| --- | --- |

(a)

providing on the beneficiary's professional website
  and
  social media sites, where such sites exist, a short description of the operation, proportionate to the level of support, including its aims and results, and highlighting the financial support from the Union;

and

Amendment 241

Amendment 241

Proposal for a regulation

Proposal for a regulation

Article 45 — paragraph 1 — point c — introductory part

Article 45 — paragraph 1 — point c — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | publicly
  displaying plaques or billboards as soon as the physical implementation of operations involving physical investment or the purchase of equipment starts, with regard to the following: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

publicly
  displaying plaques or billboards as soon as the physical implementation of operations involving physical investment or the purchase of equipment starts, with regard to the following:

publicly

| (c) | displaying
  permanent
   plaques or billboards
  clearly visible to the public
   as soon as the physical implementation of operations involving physical investment or the purchase of equipment starts, with regard to the following: |
| --- | --- |

(c)

displaying
  permanent
   plaques or billboards
  clearly visible to the public
   as soon as the physical implementation of operations involving physical investment or the purchase of equipment starts, with regard to the following:

permanent

clearly visible to the public

Amendment 243

Amendment 243

Proposal for a regulation

Proposal for a regulation

Article 45 — paragraph 1 — point d

Article 45 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | for operations not falling under point (c), publicly displaying at least one printed or electronic display of a minimum size A3 with information about the operation highlighting the support from the Funds; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

for operations not falling under point (c), publicly displaying at least one printed or electronic display of a minimum size A3 with information about the operation highlighting the support from the Funds;

| (d) | for operations not falling under point (c), publicly displaying
  at a location clearly visible to the public
  at least one printed or electronic display of a minimum size A3 with information about the operation highlighting the support from the Funds; |
| --- | --- |

(d)

for operations not falling under point (c), publicly displaying
  at a location clearly visible to the public
  at least one printed or electronic display of a minimum size A3 with information about the operation highlighting the support from the Funds;

at a location clearly visible to the public

Amendment 244

Amendment 244

Proposal for a regulation

Proposal for a regulation

Article 45 — paragraph 1 — point e a (new)

Article 45 — paragraph 1 — point e a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ea) | publicly and permanently displaying, as of the moment of the physical implementation, the Union emblem in a way that is clearly visible to the public and in accordance with the technical characteristics laid down in Annex VIII; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ea)

(ea)

publicly and permanently displaying, as of the moment of the physical implementation, the Union emblem in a way that is clearly visible to the public and in accordance with the technical characteristics laid down in Annex VIII;

publicly and permanently displaying, as of the moment of the physical implementation, the Union emblem in a way that is clearly visible to the public and in accordance with the technical characteristics laid down in Annex VIII;

Amendment 245

Amendment 245

Proposal for a regulation

Proposal for a regulation

Article 45 — paragraph 1 — subparagraph 2

Article 45 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| For operations supported under the specific objective set out in Article
  4(1)(c)
  (
  vii
  ) of the ESF+ Regulation, this requirement shall not apply. | For operations supported under the specific objective set out in Article
  4(1)
  (
  xi
  ) of the ESF+ Regulation, this requirement shall not apply. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For operations supported under the specific objective set out in Article
  4(1)(c)
  (
  vii
  ) of the ESF+ Regulation, this requirement shall not apply.

4(1)(c)

vii

For operations supported under the specific objective set out in Article
  4(1)
  (
  xi
  ) of the ESF+ Regulation, this requirement shall not apply.

4(1)

xi

Amendment 246

Amendment 246

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 1

Article 47 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall use the contribution from the Funds to provide support to beneficiaries in the form of grants, financial instruments or prizes or a combination thereof. | Member States shall use the contribution from the Funds to provide support to beneficiaries in the form of grants,
  limited use of
  financial instruments or prizes or a combination thereof. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall use the contribution from the Funds to provide support to beneficiaries in the form of grants, financial instruments or prizes or a combination thereof.

Member States shall use the contribution from the Funds to provide support to beneficiaries in the form of grants,
  limited use of
  financial instruments or prizes or a combination thereof.

limited use of

Amendment 247

Amendment 247

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1 — point c

Article 49 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | a flat rate of up to 25 % of eligible direct costs, provided that the rate is calculated in accordance with Article 48(2)(a). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

a flat rate of up to 25 % of eligible direct costs, provided that the rate is calculated in accordance with Article 48(2)(a).

| (c) | a flat rate of up to 25 % of eligible direct costs, provided that the rate is calculated in accordance with Article 48(2)(a)
  or 48(2)(c)
  . |
| --- | --- |

(c)

a flat rate of up to 25 % of eligible direct costs, provided that the rate is calculated in accordance with Article 48(2)(a)
  or 48(2)(c)
  .

or 48(2)(c)

Amendment 248

Amendment 248

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 2 — point a

Article 50 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | by dividing the latest documented annual gross employment costs by 1 720 hours for persons working full time, or by a corresponding pro-rata of 1 720 hours, for persons working part-time; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

by dividing the latest documented annual gross employment costs by 1 720 hours for persons working full time, or by a corresponding pro-rata of 1 720 hours, for persons working part-time;

| (a) | by dividing the latest documented annual gross employment costs
  , with expected additional costs in order to take account of factors such as increases in tariffs or staff promotions,
  by 1 720 hours for persons working full time, or by a corresponding pro-rata of 1 720 hours, for persons working part-time; |
| --- | --- |

(a)

by dividing the latest documented annual gross employment costs
  , with expected additional costs in order to take account of factors such as increases in tariffs or staff promotions,
  by 1 720 hours for persons working full time, or by a corresponding pro-rata of 1 720 hours, for persons working part-time;

, with expected additional costs in order to take account of factors such as increases in tariffs or staff promotions,

Amendment 249

Amendment 249

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 2 — point b

Article 50 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | by dividing the latest documented monthly gross employment costs by the monthly working time of the person concerned in accordance with applicable national legislation referred to in the contract for employment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

by dividing the latest documented monthly gross employment costs by the monthly working time of the person concerned in accordance with applicable national legislation referred to in the contract for employment.

| (b) | by dividing the latest documented monthly gross employment costs
  , with expected additional costs in order to take account of factors such as increases in tariffs or staff promotions,
  by the monthly working time of the person concerned in accordance with applicable national legislation referred to in the contract for employment. |
| --- | --- |

(b)

by dividing the latest documented monthly gross employment costs
  , with expected additional costs in order to take account of factors such as increases in tariffs or staff promotions,
  by the monthly working time of the person concerned in accordance with applicable national legislation referred to in the contract for employment.

, with expected additional costs in order to take account of factors such as increases in tariffs or staff promotions,

Amendment 250

Amendment 250

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 2

Article 52 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Financial instruments shall provide support to final recipients only for new investments expected to be financially viable, such as generating revenues or savings, and which do not find sufficient funding from market sources. | 2.   Financial instruments shall provide support to final recipients only for new investments expected to be financially viable, such as generating revenues or savings, and which do not find sufficient funding from market sources.
  Such support may target investments in both tangible and intangible assets as well as working capital, in compliance with applicable Union State aid rules. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Financial instruments shall provide support to final recipients only for new investments expected to be financially viable, such as generating revenues or savings, and which do not find sufficient funding from market sources.

2.   Financial instruments shall provide support to final recipients only for new investments expected to be financially viable, such as generating revenues or savings, and which do not find sufficient funding from market sources.
  Such support may target investments in both tangible and intangible assets as well as working capital, in compliance with applicable Union State aid rules.

Amendment 251

Amendment 251

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 3 — subparagraph 2 — point a

Article 52 — paragraph 3 — subparagraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the proposed amount of programme contribution to a financial instrument and the expected leverage effect; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the proposed amount of programme contribution to a financial instrument and the expected leverage effect;

| (a) | the proposed amount of programme contribution to a financial instrument and the expected leverage effect
  , accompanied by the relevant assessments
  ; |
| --- | --- |

(a)

the proposed amount of programme contribution to a financial instrument and the expected leverage effect
  , accompanied by the relevant assessments
  ;

, accompanied by the relevant assessments

Amendment 252

Amendment 252

Proposal for a regulation

Proposal for a regulation

Article 52 — paragraph 5

Article 52 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Financial instruments may be combined with ancillary programme support in the form of grants as a single financial instrument operation, within a single funding agreement, where both distinct forms of support shall be provided by the body implementing the financial instrument.
  In such case
  the rules applicable to financial instruments shall apply
  to that single financial instrument operation
  . | 5.   Financial instruments may be combined with ancillary programme support in the form of grants as a single financial instrument operation, within a single funding agreement, where both distinct forms of support shall be provided by the body implementing the financial instrument.
  Where the amount of the programme support in the form of grant is less than the amount of programme support in the form of a financial instrument,
  the rules
  applicable to
  financial instruments shall apply. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Financial instruments may be combined with ancillary programme support in the form of grants as a single financial instrument operation, within a single funding agreement, where both distinct forms of support shall be provided by the body implementing the financial instrument.
  In such case
  the rules applicable to financial instruments shall apply
  to that single financial instrument operation
  .

5.   Financial instruments may be combined with ancillary programme support in the form of grants as a single financial instrument operation, within a single funding agreement, where both distinct forms of support shall be provided by the body implementing the financial instrument.
  Where the amount of the programme support in the form of grant is less than the amount of programme support in the form of a financial instrument,
  the rules
  applicable to
  financial instruments shall apply.

Amendment 253

Amendment 253

Proposal for a regulation

Proposal for a regulation

Article 53 — paragraph 2 — subparagraph 2

Article 53 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The managing authority shall select the body implementing a financial instrument. | The managing authority shall select the body implementing a financial instrument
  either through direct or indirect award of a contract
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The managing authority shall select the body implementing a financial instrument.

The managing authority shall select the body implementing a financial instrument
  either through direct or indirect award of a contract
  .

either through direct or indirect award of a contract

Amendment 254

Amendment 254

Proposal for a regulation

Proposal for a regulation

Article 53 — paragraph 2 — subparagraph 2 a (new)

Article 53 — paragraph 2 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The managing authority may entrust implementation tasks through a direct award to: |
| | (a) | the EIB; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The managing authority may entrust implementation tasks through a direct award to:

The managing authority may entrust implementation tasks through a direct award to:

(a)

(a)

the EIB;

the EIB;

| (b) | an international financial institution in which a Member State is a shareholder; |
| --- | --- |

(b)

(b)

an international financial institution in which a Member State is a shareholder;

an international financial institution in which a Member State is a shareholder;

| (c) | a publicly-owned bank or institution, established as a legal entity and carrying out financial activities on a professional basis. |
| --- | --- |

(c)

(c)

a publicly-owned bank or institution, established as a legal entity and carrying out financial activities on a professional basis.

a publicly-owned bank or institution, established as a legal entity and carrying out financial activities on a professional basis.

Amendment 255

Amendment 255

Proposal for a regulation

Proposal for a regulation

Article 53 — paragraph 7

Article 53 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   The managing authority, in managing the financial instrument pursuant to paragraph 2, or the body implementing the financial instrument, in managing the financial instrument pursuant to paragraph 3, shall keep separate accounts or maintain an accounting code per priority and per each category of region for each programme contribution and separately for resources referred to in Articles 54 and 56 respectively. | 7.   The managing authority, in managing the financial instrument pursuant to paragraph 2, or the body implementing the financial instrument, in managing the financial instrument pursuant to paragraph 3, shall keep separate accounts or maintain an accounting code per priority and per each category of region
  , or by type of intervention for the EAFRD,
  for each programme contribution and separately for resources referred to in Articles 54 and 56 respectively. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   The managing authority, in managing the financial instrument pursuant to paragraph 2, or the body implementing the financial instrument, in managing the financial instrument pursuant to paragraph 3, shall keep separate accounts or maintain an accounting code per priority and per each category of region for each programme contribution and separately for resources referred to in Articles 54 and 56 respectively.

7.   The managing authority, in managing the financial instrument pursuant to paragraph 2, or the body implementing the financial instrument, in managing the financial instrument pursuant to paragraph 3, shall keep separate accounts or maintain an accounting code per priority and per each category of region
  , or by type of intervention for the EAFRD,
  for each programme contribution and separately for resources referred to in Articles 54 and 56 respectively.

Amendment 256

Amendment 256

Proposal for a regulation

Proposal for a regulation

Article 53 — paragraph 7 a (new)

Article 53 — paragraph 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7a.
     
  Reporting requirements on the financial instrument's use for the intended purposes shall be limited to the managing authorities and to financial intermediaries. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7a.
     
  Reporting requirements on the financial instrument's use for the intended purposes shall be limited to the managing authorities and to financial intermediaries.

Amendment 257

Amendment 257

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 2

Article 54 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Interest and other gains attributable to support from the Funds paid to financial instruments shall be used under the same objective or objectives as the initial support from the Funds, either within the same financial instrument; or, following the winding up of the financial instrument, in other financial instruments or other forms of support, until the end of the eligibility period. | 2.   Interest and other gains attributable to support from the Funds paid to financial instruments shall be used under the same objective or objectives as the initial support from the Funds, either within the same financial instrument; or, following the winding up of the financial instrument, in other financial instruments or other forms of support
  for further investments in final recipients; or
  ,
  where applicable, to cover the losses in the nominal amount of the Funds contribution to the financial instrument that result from negative interest, if such losses occur despite active treasury management by the bodies implementing financial instruments;
  until the end of the eligibility period. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Interest and other gains attributable to support from the Funds paid to financial instruments shall be used under the same objective or objectives as the initial support from the Funds, either within the same financial instrument; or, following the winding up of the financial instrument, in other financial instruments or other forms of support, until the end of the eligibility period.

2.   Interest and other gains attributable to support from the Funds paid to financial instruments shall be used under the same objective or objectives as the initial support from the Funds, either within the same financial instrument; or, following the winding up of the financial instrument, in other financial instruments or other forms of support
  for further investments in final recipients; or
  ,
  where applicable, to cover the losses in the nominal amount of the Funds contribution to the financial instrument that result from negative interest, if such losses occur despite active treasury management by the bodies implementing financial instruments;
  until the end of the eligibility period.

Amendment 258

Amendment 258

Proposal for a regulation

Proposal for a regulation

Article 55 — paragraph 1

Article 55 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support from the Funds to financial instruments invested in final recipients as well as any type of income generated by those investments, which are attributable to the support from the Funds, may be used for differentiated treatment of investors operating under the market economy principle through an appropriate sharing of risks and profits. | 1.   Support from the Funds to financial instruments invested in final recipients as well as any type of income generated by those investments, which are attributable to the support from the Funds, may be used for differentiated treatment of investors operating under the market economy principle
  , or for other forms of Union support,
  through an appropriate sharing of risks and profits
  taking into account the principle of sound financial management
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Support from the Funds to financial instruments invested in final recipients as well as any type of income generated by those investments, which are attributable to the support from the Funds, may be used for differentiated treatment of investors operating under the market economy principle through an appropriate sharing of risks and profits.

1.   Support from the Funds to financial instruments invested in final recipients as well as any type of income generated by those investments, which are attributable to the support from the Funds, may be used for differentiated treatment of investors operating under the market economy principle
  , or for other forms of Union support,
  through an appropriate sharing of risks and profits
  taking into account the principle of sound financial management
  .

Amendment 259

Amendment 259

Proposal for a regulation

Proposal for a regulation

Article 55 — paragraph 2

Article 55 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The level of such differentiated treatment shall not exceed what is necessary to create incentives for attracting private resources, established by either a competitive process or
  an independent
  assessment. | 2.   The level of such differentiated treatment shall not exceed what is necessary to create incentives for attracting private resources, established by either a competitive process or
  the ex ante
  assessment
  performed in line with Article 52 of this Regulation
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The level of such differentiated treatment shall not exceed what is necessary to create incentives for attracting private resources, established by either a competitive process or
  an independent
  assessment.

2.   The level of such differentiated treatment shall not exceed what is necessary to create incentives for attracting private resources, established by either a competitive process or
  the ex ante
  assessment
  performed in line with Article 52 of this Regulation
  .

Amendment 260

Amendment 260

Proposal for a regulation

Proposal for a regulation

Article 56 — paragraph 1

Article 56 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Resources paid back, before the end of the eligibility period, to financial instruments from investments in final recipients or from the release of resources set aside as agreed in guarantee contracts, including capital repayments and any type of generated income that is attributable to the support from the Funds, shall be re-used in the same or other financial instruments for further investments in final recipients, under the same specific objective or objectives and for any management costs and fees associated to such further investments. | 1.   Resources paid back, before the end of the eligibility period, to financial instruments from investments in final recipients or from the release of resources set aside as agreed in guarantee contracts, including capital repayments and any type of generated income that is attributable to the support from the Funds, shall be re-used in the same or other financial instruments for further investments in final recipients, under the same specific objective or objectives and for any management costs and fees associated to such further investments
  , taking into account the principle of sound financial management
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Resources paid back, before the end of the eligibility period, to financial instruments from investments in final recipients or from the release of resources set aside as agreed in guarantee contracts, including capital repayments and any type of generated income that is attributable to the support from the Funds, shall be re-used in the same or other financial instruments for further investments in final recipients, under the same specific objective or objectives and for any management costs and fees associated to such further investments.

1.   Resources paid back, before the end of the eligibility period, to financial instruments from investments in final recipients or from the release of resources set aside as agreed in guarantee contracts, including capital repayments and any type of generated income that is attributable to the support from the Funds, shall be re-used in the same or other financial instruments for further investments in final recipients, under the same specific objective or objectives and for any management costs and fees associated to such further investments
  , taking into account the principle of sound financial management
  .

Amendment 261

Amendment 261

Proposal for a regulation

Proposal for a regulation

Article 56 — paragraph 1 — subparagraph 1 a (new)

Article 56 — paragraph 1 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Savings through more efficient operations shall not be considered to constitute generated income for the purposes of the first subparagraph. In particular, cost savings resulting from energy efficiency measures shall not result in a corresponding reduction in operating subsidies. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Savings through more efficient operations shall not be considered to constitute generated income for the purposes of the first subparagraph. In particular, cost savings resulting from energy efficiency measures shall not result in a corresponding reduction in operating subsidies.

Savings through more efficient operations shall not be considered to constitute generated income for the purposes of the first subparagraph. In particular, cost savings resulting from energy efficiency measures shall not result in a corresponding reduction in operating subsidies.

Amendment 262

Amendment 262

Proposal for a regulation

Proposal for a regulation

Article 57 — paragraph 2 — subparagraph 1

Article 57 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Expenditure shall be eligible for a contribution from the Funds if it has been incurred by a beneficiary or the private partner of a PPP operation and paid in implementing operations, between the date of submission of the programme to the Commission or from 1 January 2021, whichever date is earlier, and 31 December
  2029
  . | Expenditure shall be eligible for a contribution from the Funds if it has been incurred by a beneficiary or the private partner of a PPP operation and paid in implementing operations, between the date of submission of the programme to the Commission or from 1 January 2021, whichever date is earlier, and 31 December 
  2030
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Expenditure shall be eligible for a contribution from the Funds if it has been incurred by a beneficiary or the private partner of a PPP operation and paid in implementing operations, between the date of submission of the programme to the Commission or from 1 January 2021, whichever date is earlier, and 31 December
  2029
  .

2029

Expenditure shall be eligible for a contribution from the Funds if it has been incurred by a beneficiary or the private partner of a PPP operation and paid in implementing operations, between the date of submission of the programme to the Commission or from 1 January 2021, whichever date is earlier, and 31 December 
  2030
  .

2030

Amendment 263

Amendment 263

Proposal for a regulation

Proposal for a regulation

Article 57 — paragraph 4

Article 57 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   All or part of an operation may be implemented outside of a Member State, including outside the Union, provided that the operation contributes to the objectives of the programme. | 4.   All or part of an operation
  under the ERDF, the ESF+ or the Cohesion Fund
  may be implemented outside of a Member State, including outside the Union, provided that the operation
  falls under one of the five components of the European territorial cooperation goal (Interreg) as defined in Article 3 of the Regulation (EU) [...] (‘the ETC Regulation’) and
  contributes to the objectives of the programme. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   All or part of an operation may be implemented outside of a Member State, including outside the Union, provided that the operation contributes to the objectives of the programme.

4.   All or part of an operation
  under the ERDF, the ESF+ or the Cohesion Fund
  may be implemented outside of a Member State, including outside the Union, provided that the operation
  falls under one of the five components of the European territorial cooperation goal (Interreg) as defined in Article 3 of the Regulation (EU) [...] (‘the ETC Regulation’) and
  contributes to the objectives of the programme.

Amendment 264

Amendment 264

Proposal for a regulation

Proposal for a regulation

Article 57 — paragraph 6

Article 57 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   Operations shall not be selected for support by the Funds where they have been physically completed or fully implemented before the application for funding under the programme is submitted to the managing authority, irrespective of whether all related payments have been made. | 6.   Operations shall not be selected for support by the Funds where they have been physically completed or fully implemented before the application for funding under the programme is submitted to the managing authority, irrespective of whether all related payments have been made.
  This paragraph shall not apply to EMFF compensation for additional costs in outermost regions or expenditure financed by specific supplementary ERDF and ESF+ allocations for outermost regions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   Operations shall not be selected for support by the Funds where they have been physically completed or fully implemented before the application for funding under the programme is submitted to the managing authority, irrespective of whether all related payments have been made.

6.   Operations shall not be selected for support by the Funds where they have been physically completed or fully implemented before the application for funding under the programme is submitted to the managing authority, irrespective of whether all related payments have been made.
  This paragraph shall not apply to EMFF compensation for additional costs in outermost regions or expenditure financed by specific supplementary ERDF and ESF+ allocations for outermost regions.

Amendment 265

Amendment 265

Proposal for a regulation

Proposal for a regulation

Article 58 — paragraph 1 — subparagraph 1 — point a

Article 58 — paragraph 1 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | interest on debt, except in relation to grants given in the form of an interest rate subsidy or guarantee fee subsidy; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

interest on debt, except in relation to grants given in the form of an interest rate subsidy or guarantee fee subsidy;

| (a) | interest on debt, except in relation to grants given in the form of an interest rate subsidy or guarantee fee subsidy
  or in relation to a contribution to financial instruments that results from negative interest
  ; |
| --- | --- |

(a)

interest on debt, except in relation to grants given in the form of an interest rate subsidy or guarantee fee subsidy
  or in relation to a contribution to financial instruments that results from negative interest
  ;

or in relation to a contribution to financial instruments that results from negative interest

Amendment 266

Amendment 266

Proposal for a regulation

Proposal for a regulation

Article 58 — paragraph 1 — subparagraph 1 — point c

Article 58 — paragraph 1 — subparagraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | value added tax (‘VAT’), except for operations the total cost of which is below EUR 5 000 000 . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

(c)

value added tax (‘VAT’), except for operations the total cost of which is below EUR 5 000 000 .

value added tax (‘VAT’), except for operations the total cost of which is below EUR 5 000 000 .

deleted

deleted

Amendment 267

Amendment 267

Proposal for a regulation

Proposal for a regulation

Article 58 — paragraph 1 — subparagraph 2 a (new)

Article 58 — paragraph 1 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The eligibility for value added tax (‘VAT’) operations shall be determined on a case-by-case approach, except for operations the total cost of which is below EUR 5 000 000 , and for investments and expenditure by final recipients. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The eligibility for value added tax (‘VAT’) operations shall be determined on a case-by-case approach, except for operations the total cost of which is below EUR 5 000 000 , and for investments and expenditure by final recipients.

The eligibility for value added tax (‘VAT’) operations shall be determined on a case-by-case approach, except for operations the total cost of which is below EUR 5 000 000 , and for investments and expenditure by final recipients.

Amendment 268

Amendment 268

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 1 — subparagraph 2

Article 59 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Member State may reduce the time limit set out in the first subparagraph to three years in cases concerning the maintenance of
  investments or
  jobs created by SMEs. | The Member State may reduce the time limit set out in the first subparagraph to three years in
  the duly justified
  cases
  referred to in points (a), (b) and (c)
  concerning the maintenance of jobs created by SMEs. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Member State may reduce the time limit set out in the first subparagraph to three years in cases concerning the maintenance of
  investments or
  jobs created by SMEs.

investments or

The Member State may reduce the time limit set out in the first subparagraph to three years in
  the duly justified
  cases
  referred to in points (a), (b) and (c)
  concerning the maintenance of jobs created by SMEs.

the duly justified

referred to in points (a), (b) and (c)

Amendment 269

Amendment 269

Proposal for a regulation

Proposal for a regulation

Article 59 — paragraph 3

Article 59 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Paragraphs 1 and 2 shall not apply to any operation which undergoes cessation of a productive activity due to a non-fraudulent bankruptcy. | 3.   Paragraphs 1 and 2 shall not apply to
  programme contributions to or from financial instruments and
  any operation which undergoes cessation of a productive activity due to a non-fraudulent bankruptcy. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Paragraphs 1 and 2 shall not apply to any operation which undergoes cessation of a productive activity due to a non-fraudulent bankruptcy.

3.   Paragraphs 1 and 2 shall not apply to
  programme contributions to or from financial instruments and
  any operation which undergoes cessation of a productive activity due to a non-fraudulent bankruptcy.

Amendment 270

Amendment 270

Proposal for a regulation

Proposal for a regulation

Article 62 — paragraph 3 — subparagraph 1

Article 62 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| For point (d) of paragraph 1, management fees shall be performance based. Where bodies implementing a holding fund and/or specific funds, pursuant to Article
  53(3)
  , are selected through a direct award of contract, the amount of management cost and fees paid to those bodies that can be declared as eligible expenditure shall be subject to a threshold of up to 5 % of the total amount of programme contributions disbursed to final recipients in loans, equity or quasi-equity investments or set aside as agreed in guarantee contracts. | For point (d) of paragraph 1, management fees shall be performance based
  . For the first twelve months of implementation of the financial instrument, base remuneration for management costs and fees shall be eligible
  . Where bodies implementing a holding fund and/or specific funds, pursuant to Article
  53(2)
  , are selected through a direct award of contract, the amount of management cost and fees paid to those bodies that can be declared as eligible expenditure shall be subject to a threshold of up to 5 % of the total amount of programme contributions disbursed to final recipients in loans, equity or quasi-equity investments or set aside as agreed in guarantee contracts. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For point (d) of paragraph 1, management fees shall be performance based. Where bodies implementing a holding fund and/or specific funds, pursuant to Article
  53(3)
  , are selected through a direct award of contract, the amount of management cost and fees paid to those bodies that can be declared as eligible expenditure shall be subject to a threshold of up to 5 % of the total amount of programme contributions disbursed to final recipients in loans, equity or quasi-equity investments or set aside as agreed in guarantee contracts.

53(3)

For point (d) of paragraph 1, management fees shall be performance based
  . For the first twelve months of implementation of the financial instrument, base remuneration for management costs and fees shall be eligible
  . Where bodies implementing a holding fund and/or specific funds, pursuant to Article
  53(2)
  , are selected through a direct award of contract, the amount of management cost and fees paid to those bodies that can be declared as eligible expenditure shall be subject to a threshold of up to 5 % of the total amount of programme contributions disbursed to final recipients in loans, equity or quasi-equity investments or set aside as agreed in guarantee contracts.

. For the first twelve months of implementation of the financial instrument, base remuneration for management costs and fees shall be eligible

53(2)

Amendment 271

Amendment 271

Proposal for a regulation

Proposal for a regulation

Article 62 — paragraph 3 — subparagraph 2

Article 62 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| That threshold is not applicable
  where the selection of bodies implementing financial instruments is made through a competitive tender in accordance with the applicable law and the competitive tender establishes the need for a higher level of management costs and fees. | Where the selection of bodies implementing financial instruments is made through a competitive tender in accordance with the applicable law and the competitive tender establishes the need for a higher level of management costs and fees
  which shall be performance-based
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

That threshold is not applicable
  where the selection of bodies implementing financial instruments is made through a competitive tender in accordance with the applicable law and the competitive tender establishes the need for a higher level of management costs and fees.

That threshold is not applicable

Where the selection of bodies implementing financial instruments is made through a competitive tender in accordance with the applicable law and the competitive tender establishes the need for a higher level of management costs and fees
  which shall be performance-based
  .

which shall be performance-based

Amendment 272

Amendment 272

Proposal for a regulation

Proposal for a regulation

Article 63 — paragraph 2

Article 63 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Member States shall ensure the legality and regularity of expenditure included in the accounts submitted to the Commission and shall take all required actions to prevent, detect and correct and report on irregularities including fraud. | 2.   Member States shall ensure the legality and regularity of expenditure included in the accounts submitted to the Commission and shall take all required actions to prevent, detect and correct and report on irregularities including fraud.
  Member States shall fully cooperate with OLAF. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Member States shall ensure the legality and regularity of expenditure included in the accounts submitted to the Commission and shall take all required actions to prevent, detect and correct and report on irregularities including fraud.

2.   Member States shall ensure the legality and regularity of expenditure included in the accounts submitted to the Commission and shall take all required actions to prevent, detect and correct and report on irregularities including fraud.
  Member States shall fully cooperate with OLAF.

Amendment 273

Amendment 273

Proposal for a regulation

Proposal for a regulation

Article 63 — paragraph 4

Article 63 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Member States shall ensure the quality and reliability of the monitoring system and of data on indicators. | 4.   Member States shall ensure the quality
  , independence
  and reliability of the monitoring system and of data on indicators. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Member States shall ensure the quality and reliability of the monitoring system and of data on indicators.

4.   Member States shall ensure the quality
  , independence
  and reliability of the monitoring system and of data on indicators.

Amendment 274

Amendment 274

Proposal for a regulation

Proposal for a regulation

Article 63 — paragraph 6 — subparagraph 1

Article 63 — paragraph 6 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall make arrangements for ensuring the effective examination of complaints concerning the Funds. They shall, upon request by the Commission, examine complaints submitted to the Commission falling within the scope of their programmes and shall inform the Commission of the results of those examinations. | Member States shall make arrangements for ensuring the effective examination of complaints concerning the Funds.
  The scope, rules and procedures concerning those arrangements shall be the responsibility of Member States in accordance with their institutional and legal framework.
  They shall, upon request by the Commission
  in accordance with Article 64(4a)
  , examine complaints submitted to the Commission falling within the scope of their programmes and shall inform the Commission of the results of those examinations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall make arrangements for ensuring the effective examination of complaints concerning the Funds. They shall, upon request by the Commission, examine complaints submitted to the Commission falling within the scope of their programmes and shall inform the Commission of the results of those examinations.

Member States shall make arrangements for ensuring the effective examination of complaints concerning the Funds.
  The scope, rules and procedures concerning those arrangements shall be the responsibility of Member States in accordance with their institutional and legal framework.
  They shall, upon request by the Commission
  in accordance with Article 64(4a)
  , examine complaints submitted to the Commission falling within the scope of their programmes and shall inform the Commission of the results of those examinations.

The scope, rules and procedures concerning those arrangements shall be the responsibility of Member States in accordance with their institutional and legal framework.

in accordance with Article 64(4a)

Amendment 275

Amendment 275

Proposal for a regulation

Proposal for a regulation

Article 63 — paragraph 7 — subparagraph 1

Article 63 — paragraph 7 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall ensure that all exchanges of information between beneficiaries and the programme authorities are carried out by means of electronic data exchange systems in accordance with Annex XII. | Member States shall ensure that all exchanges of information between beneficiaries and the programme authorities are carried out by means of
  user-friendly
  electronic data exchange systems in accordance with Annex XII. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall ensure that all exchanges of information between beneficiaries and the programme authorities are carried out by means of electronic data exchange systems in accordance with Annex XII.

Member States shall ensure that all exchanges of information between beneficiaries and the programme authorities are carried out by means of
  user-friendly
  electronic data exchange systems in accordance with Annex XII.

user-friendly

Amendment 276

Amendment 276

Proposal for a regulation

Proposal for a regulation

Article 63 — paragraph 7 — subparagraph 2

Article 63 — paragraph 7 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| For programmes supported by the EMFF, the AMIF, the ISF and the BMVI, the first sub-paragraph shall apply as from 1 January
  2023
  . | For programmes supported by the EMFF, the AMIF, the ISF and the BMVI, the first sub-paragraph shall apply as from 1 January
  2022
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For programmes supported by the EMFF, the AMIF, the ISF and the BMVI, the first sub-paragraph shall apply as from 1 January
  2023
  .

2023

For programmes supported by the EMFF, the AMIF, the ISF and the BMVI, the first sub-paragraph shall apply as from 1 January
  2022
  .

2022

Amendment 277

Amendment 277

Proposal for a regulation

Proposal for a regulation

Article 63 — paragraph 7 — subparagraph 3

Article 63 — paragraph 7 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The first sub-paragraph shall not apply to programmes under Article [
  4(1)(c)
  (
  vii
  )] of the ESF+ Regulation. | The first sub-paragraph shall not apply to programmes under Article [
  4(1)
  (
  xi
  )] of the ESF+ Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The first sub-paragraph shall not apply to programmes under Article [
  4(1)(c)
  (
  vii
  )] of the ESF+ Regulation.

4(1)(c)

vii

The first sub-paragraph shall not apply to programmes under Article [
  4(1)
  (
  xi
  )] of the ESF+ Regulation.

4(1)

xi

Amendment 278

Amendment 278

Proposal for a regulation

Proposal for a regulation

Article 63 — paragraph 11

Article 63 — paragraph 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| 11.   The Commission shall adopt an implementing act setting out the format to be used for reporting of irregularities in accordance with the advisory procedure referred to in Article 109(2) in order to ensure uniform conditions for the implementation of this Article. | 11.   The Commission shall adopt an implementing act setting out the format to be used for reporting of irregularities in accordance with the advisory procedure referred to in Article 109(2) in order to ensure uniform conditions
  and rules
  for the implementation of this Article. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

11.   The Commission shall adopt an implementing act setting out the format to be used for reporting of irregularities in accordance with the advisory procedure referred to in Article 109(2) in order to ensure uniform conditions for the implementation of this Article.

11.   The Commission shall adopt an implementing act setting out the format to be used for reporting of irregularities in accordance with the advisory procedure referred to in Article 109(2) in order to ensure uniform conditions
  and rules
  for the implementation of this Article.

Amendment 279

Amendment 279

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 1 — subparagraph 1

Article 64 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall satisfy itself that Member States have management and control systems that comply with this Regulation and that those systems function effectively during the implementation of the programmes. The Commission shall draw up an audit strategy and an audit plan which shall be based on a risk-assessment. | The Commission shall satisfy itself that Member States have management and control systems that comply with this Regulation and that those systems function effectively
  and efficiently
  during the implementation of the programmes. The Commission shall draw up
  for Member States
  an audit strategy and an audit plan which shall be based on a risk-assessment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall satisfy itself that Member States have management and control systems that comply with this Regulation and that those systems function effectively during the implementation of the programmes. The Commission shall draw up an audit strategy and an audit plan which shall be based on a risk-assessment.

The Commission shall satisfy itself that Member States have management and control systems that comply with this Regulation and that those systems function effectively
  and efficiently
  during the implementation of the programmes. The Commission shall draw up
  for Member States
  an audit strategy and an audit plan which shall be based on a risk-assessment.

and efficiently

for Member States

Amendment 280

Amendment 280

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 2

Article 64 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Commission audits shall be carried out up to
  three
  calendar years following the acceptance of the accounts in which the expenditure concerned was included. This period shall not apply to operations where there is a suspicion of fraud. | 2.   Commission audits shall be carried out up to
  two
  calendar years following the acceptance of the accounts in which the expenditure concerned was included. This period shall not apply to operations where there is a suspicion of fraud. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Commission audits shall be carried out up to
  three
  calendar years following the acceptance of the accounts in which the expenditure concerned was included. This period shall not apply to operations where there is a suspicion of fraud.

2.   Commission audits shall be carried out up to
  two
  calendar years following the acceptance of the accounts in which the expenditure concerned was included. This period shall not apply to operations where there is a suspicion of fraud.

Amendment 281

Amendment 281

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 4 — subparagraph 1 — point a

Article 64 — paragraph 4 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the Commission shall give at least
  12
  working days’ notice for the audit to the competent programme authority, except in urgent cases. Officials or authorised representatives of the Member State may take part in such audits. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the Commission shall give at least
  12
  working days’ notice for the audit to the competent programme authority, except in urgent cases. Officials or authorised representatives of the Member State may take part in such audits.

12

| (a) | the Commission shall give at least
  15
  working days’ notice for the audit to the competent programme authority, except in urgent cases. Officials or authorised representatives of the Member State may take part in such audits. |
| --- | --- |

(a)

the Commission shall give at least
  15
  working days’ notice for the audit to the competent programme authority, except in urgent cases. Officials or authorised representatives of the Member State may take part in such audits.

15

Amendment 282

Amendment 282

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 4 — subparagraph 1 — point c

Article 64 — paragraph 4 — subparagraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the Commission shall transmit the preliminary audit findings, in at least one of the official languages of the Union, no later than
  3
  months after the last day of the audit, to the competent Member State authority. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

the Commission shall transmit the preliminary audit findings, in at least one of the official languages of the Union, no later than
  3
  months after the last day of the audit, to the competent Member State authority.

3

| (c) | the Commission shall transmit the preliminary audit findings, in at least one of the official languages of the Union, no later than 
  2
  months after the last day of the audit, to the competent Member State authority. |
| --- | --- |

(c)

the Commission shall transmit the preliminary audit findings, in at least one of the official languages of the Union, no later than 
  2
  months after the last day of the audit, to the competent Member State authority.

2

Amendment 283

Amendment 283

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 4 — subparagraph 1 — point d

Article 64 — paragraph 4 — subparagraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | the Commission shall transmit the audit report, in at least one of the official languages of the Union, no later than
  3
  months from the date of receiving a complete reply from the competent Member State authority to the preliminary audit findings. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

the Commission shall transmit the audit report, in at least one of the official languages of the Union, no later than
  3
  months from the date of receiving a complete reply from the competent Member State authority to the preliminary audit findings.

3

| (d) | the Commission shall transmit the audit report, in at least one of the official languages of the Union, no later than
  2
  months from the date of receiving a complete reply from the competent Member State authority to the preliminary audit findings.
  The Member State’s reply shall be considered complete if the Commission has not reported on the existence of outstanding documentation within 2 months. |
| --- | --- |

(d)

the Commission shall transmit the audit report, in at least one of the official languages of the Union, no later than
  2
  months from the date of receiving a complete reply from the competent Member State authority to the preliminary audit findings.
  The Member State’s reply shall be considered complete if the Commission has not reported on the existence of outstanding documentation within 2 months.

2

The Member State’s reply shall be considered complete if the Commission has not reported on the existence of outstanding documentation within 2 months.

Amendment 284

Amendment 284

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 4 — subparagraph 2

Article 64 — paragraph 4 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission may extend the time limits referred in points (c) and (d) by an additional
  three
  months. | The Commission may
  in duly justified cases
  extend the time limits referred in points (c) and (d) by an additional
  two
  months. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission may extend the time limits referred in points (c) and (d) by an additional
  three
  months.

three

The Commission may
  in duly justified cases
  extend the time limits referred in points (c) and (d) by an additional
  two
  months.

in duly justified cases

two

Amendment 285

Amendment 285

Proposal for a regulation

Proposal for a regulation

Article 64 — paragraph 4 a (new)

Article 64 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  Without prejudice to paragraph 6 of Article 63, the Commission shall provide for a complaints handling system which shall be accessible to citizens and stakeholders. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  Without prejudice to paragraph 6 of Article 63, the Commission shall provide for a complaints handling system which shall be accessible to citizens and stakeholders.

Amendment 286

Amendment 286

Proposal for a regulation

Proposal for a regulation

Article 65 — paragraph 2

Article 65 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The audit authority shall be a public authority, functionally independent from the
  auditees
  . | 2.   The audit authority shall be a public
  or private
  authority, functionally independent from the
  Management Authority and the bodies or entities to which functions have been entrusted or delegated
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The audit authority shall be a public authority, functionally independent from the
  auditees
  .

2.   The audit authority shall be a public
  or private
  authority, functionally independent from the
  Management Authority and the bodies or entities to which functions have been entrusted or delegated
  .

Amendment 287

Amendment 287

Proposal for a regulation

Proposal for a regulation

Article 66 — paragraph 1 — point e

Article 66 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | record and store in
  an
  electronic
  system
  the data on each operation necessary for monitoring, evaluation, financial management, verifications and audits, and shall ensure the security, integrity and confidentiality of data and the authentication of the users. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

record and store in
  an
  electronic
  system
  the data on each operation necessary for monitoring, evaluation, financial management, verifications and audits, and shall ensure the security, integrity and confidentiality of data and the authentication of the users.

an

system

| (e) | record and store in electronic
  systems
  the data on each operation necessary for monitoring, evaluation, financial management, verifications and audits, and shall ensure the security, integrity and confidentiality of data and the authentication of the users. |
| --- | --- |

(e)

record and store in electronic
  systems
  the data on each operation necessary for monitoring, evaluation, financial management, verifications and audits, and shall ensure the security, integrity and confidentiality of data and the authentication of the users.

systems

Amendment 288

Amendment 288

Proposal for a regulation

Proposal for a regulation

Article 67 — paragraph 1 — subparagraph 1

Article 67 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| For the selection of operations, the managing authority shall establish and apply criteria and procedures which are non-discriminatory, transparent, ensure gender equality and take account of the Charter of Fundamental Rights of the European Union and the principle of sustainable development and of the Union policy on the environment in accordance with Articles 11 and 191(1) of the TFEU. | For the selection of operations, the managing authority shall establish and apply criteria and procedures which are non-discriminatory, transparent, ensure
  accessibility to persons with disabilities,
  gender equality and take account of the Charter of Fundamental Rights of the European Union and the principle of sustainable development and of the Union policy on the environment in accordance with Articles 11 and 191(1) of the TFEU. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For the selection of operations, the managing authority shall establish and apply criteria and procedures which are non-discriminatory, transparent, ensure gender equality and take account of the Charter of Fundamental Rights of the European Union and the principle of sustainable development and of the Union policy on the environment in accordance with Articles 11 and 191(1) of the TFEU.

For the selection of operations, the managing authority shall establish and apply criteria and procedures which are non-discriminatory, transparent, ensure
  accessibility to persons with disabilities,
  gender equality and take account of the Charter of Fundamental Rights of the European Union and the principle of sustainable development and of the Union policy on the environment in accordance with Articles 11 and 191(1) of the TFEU.

accessibility to persons with disabilities,

Amendment 289

Amendment 289

Proposal for a regulation

Proposal for a regulation

Article 67 — paragraph 3 — point a

Article 67 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | ensure that selected operations comply with the programme and provide an effective contribution to the achievement of its specific objectives; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

ensure that selected operations comply with the programme and provide an effective contribution to the achievement of its specific objectives;

| (a) | ensure that selected operations
  are sustainable,
  comply with the programme
  , as well as territorial strategies,
  and provide an effective contribution to the achievement of its specific objectives; |
| --- | --- |

(a)

ensure that selected operations
  are sustainable,
  comply with the programme
  , as well as territorial strategies,
  and provide an effective contribution to the achievement of its specific objectives;

are sustainable,

, as well as territorial strategies,

Amendment 290

Amendment 290

Proposal for a regulation

Proposal for a regulation

Article 67 — paragraph 3 — point c

Article 67 — paragraph 3 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | ensure that selected operations present
  the best
  relationship between the amount of support, the activities undertaken and the achievement of objectives; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

ensure that selected operations present
  the best
  relationship between the amount of support, the activities undertaken and the achievement of objectives;

the best

| (c) | ensure that selected operations present
  an appropriate
  relationship between the amount of support, the activities undertaken and the achievement of objectives; |
| --- | --- |

(c)

ensure that selected operations present
  an appropriate
  relationship between the amount of support, the activities undertaken and the achievement of objectives;

an appropriate

Amendment 291

Amendment 291

Proposal for a regulation

Proposal for a regulation

Article 67 — paragraph 3 — point e

Article 67 — paragraph 3 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | ensure that selected operations which fall under the scope of Directive 2011/92/EU of the European Parliament and of the Council (48) are subject to an environmental impact assessment or a screening procedure, on the basis of the requirements of that Directive as amended by Directive 2014/52/EU of the European Parliament and of the Council (49); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

ensure that selected operations which fall under the scope of Directive 2011/92/EU of the European Parliament and of the Council (48) are subject to an environmental impact assessment or a screening procedure, on the basis of the requirements of that Directive as amended by Directive 2014/52/EU of the European Parliament and of the Council (49);

48

49

| (e) | ensure that selected operations which fall under the scope of Directive 2011/92/EU of the European Parliament and of the Council (48) are subject to an environmental impact assessment or a screening procedure
  and that the assessment of alternative solutions as well as a comprehensive public consultation has been taken in due account
  , on the basis of the requirements of that Directive as amended by Directive 2014/52/EU of the European Parliament and of the Council (49); |
| --- | --- |

(e)

ensure that selected operations which fall under the scope of Directive 2011/92/EU of the European Parliament and of the Council (48) are subject to an environmental impact assessment or a screening procedure
  and that the assessment of alternative solutions as well as a comprehensive public consultation has been taken in due account
  , on the basis of the requirements of that Directive as amended by Directive 2014/52/EU of the European Parliament and of the Council (49);

48

and that the assessment of alternative solutions as well as a comprehensive public consultation has been taken in due account

49

Amendment 292

Amendment 292

Proposal for a regulation

Proposal for a regulation

Article 67 — paragraph 3 — point f

Article 67 — paragraph 3 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | verify
  that where the operations have started before the submission of an application for funding to the managing authority, applicable law has been complied with; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

verify
  that where the operations have started before the submission of an application for funding to the managing authority, applicable law has been complied with;

verify

| (f) | ensure
  that where the operations have started before the submission of an application for funding to the managing authority, applicable law has been complied with; |
| --- | --- |

(f)

ensure
  that where the operations have started before the submission of an application for funding to the managing authority, applicable law has been complied with;

ensure

Amendment 293

Amendment 293

Proposal for a regulation

Proposal for a regulation

Article 67 — paragraph 3 — point j

Article 67 — paragraph 3 — point j

| Text proposed by the Commission | Amendment |
| --- | --- |
| (j) | ensure the climate proofing of investments in infrastructure with an expected lifespan of at least five years. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(j)

ensure the climate proofing of investments in infrastructure with an expected lifespan of at least five years.

| (j) | ensure
  , before taking investment decisions,
  the climate proofing of investments in infrastructure with an expected lifespan of at least five years
  , as well as the application of the Energy Efficiency First principle
  . |
| --- | --- |

(j)

ensure
  , before taking investment decisions,
  the climate proofing of investments in infrastructure with an expected lifespan of at least five years
  , as well as the application of the Energy Efficiency First principle
  .

, before taking investment decisions,

, as well as the application of the Energy Efficiency First principle

Amendment 294

Amendment 294

Proposal for a regulation

Proposal for a regulation

Article 67 — paragraph 5 a (new)

Article 67 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a.
     
  The managing authority may also decide, in duly justified cases, to contribute up to 5 % of a programme's financial allocation under the ERDF and ESF+ to specific projects within the Member State eligible under Horizon Europe, including those selected in the second phase, provided that those specific projects contribute to the programme's objectives in that Member State. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.
     
  The managing authority may also decide, in duly justified cases, to contribute up to 5 % of a programme's financial allocation under the ERDF and ESF+ to specific projects within the Member State eligible under Horizon Europe, including those selected in the second phase, provided that those specific projects contribute to the programme's objectives in that Member State.

Amendment 295

Amendment 295

Proposal for a regulation

Proposal for a regulation

Article 67 — paragraph 6

Article 67 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   When the managing authority selects an operation of strategic importance, it shall inform the Commission
  immediately
  and shall provide all relevant information to the Commission about that operation. | 6.   When the managing authority selects an operation of strategic importance, it shall inform the Commission
  within one month
  and shall provide all relevant information to the Commission about that operation
  , including a cost-benefit analysis
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   When the managing authority selects an operation of strategic importance, it shall inform the Commission
  immediately
  and shall provide all relevant information to the Commission about that operation.

6.   When the managing authority selects an operation of strategic importance, it shall inform the Commission
  within one month
  and shall provide all relevant information to the Commission about that operation
  , including a cost-benefit analysis
  .

Amendment 296

Amendment 296

Proposal for a regulation

Proposal for a regulation

Article 68 — paragraph 1 — subparagraph 1 — point b

Article 68 — paragraph 1 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | ensure
  , subject to the availability of funding,
  that a beneficiary receives the amount due in full and no later than
  90
  days from the date of submission of the payment claim by the beneficiary; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

ensure
  , subject to the availability of funding,
  that a beneficiary receives the amount due in full and no later than
  90
  days from the date of submission of the payment claim by the beneficiary;

, subject to the availability of funding,

90

| (b) | ensure
  for pre-financing and interim payments
  that a beneficiary receives the amount due in full
  for verified expenditure
  and no later than
  60
  days from the date of submission of the payment claim by the beneficiary; |
| --- | --- |

(b)

ensure
  for pre-financing and interim payments
  that a beneficiary receives the amount due in full
  for verified expenditure
  and no later than
  60
  days from the date of submission of the payment claim by the beneficiary;

for pre-financing and interim payments

for verified expenditure

60

Amendment 297

Amendment 297

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 1 — point a

Article 70 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | drawing up and submitting payment applications to the Commission in accordance with Articles 85 and 86; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

drawing up and submitting payment applications to the Commission in accordance with Articles 85 and 86;

| (a) | drawing up and submitting payment applications to the Commission in accordance with Articles 85 and 86
  and taking account of the audits carried out by, or under the responsibility of the audit authority
  ; |
| --- | --- |

(a)

drawing up and submitting payment applications to the Commission in accordance with Articles 85 and 86
  and taking account of the audits carried out by, or under the responsibility of the audit authority
  ;

and taking account of the audits carried out by, or under the responsibility of the audit authority

Amendment 298

Amendment 298

Proposal for a regulation

Proposal for a regulation

Article 70 — paragraph 1 — point b

Article 70 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | drawing up the accounts in accordance with Article 92 and keeping records of all the elements of the accounts in an electronic system; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

drawing up the accounts in accordance with Article 92 and keeping records of all the elements of the accounts in an electronic system;

| (b) | drawing up
  and presenting
  the accounts
  , confirming the completeness, accuracy and correctness
  in accordance with Article 92 and keeping records of all the elements of the accounts in an electronic system; |
| --- | --- |

(b)

drawing up
  and presenting
  the accounts
  , confirming the completeness, accuracy and correctness
  in accordance with Article 92 and keeping records of all the elements of the accounts in an electronic system;

and presenting

, confirming the completeness, accuracy and correctness

Amendment 299

Amendment 299

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 6 a (new)

Article 71 — paragraph 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6a.
     
  The audit shall be carried out with reference to the applicable standard at the time of the convention of the audited operation, except when new standards are more favourable to the beneficiary. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6a.
     
  The audit shall be carried out with reference to the applicable standard at the time of the convention of the audited operation, except when new standards are more favourable to the beneficiary.

Amendment 300

Amendment 300

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 6 b (new)

Article 71 — paragraph 6 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6b.
     
  The finding of an irregularity, as part of the audit of an operation leading to a financial penalty, cannot lead to extending the scope of the control or to financial corrections beyond the expenditure covered by the accounting year of the audited expenditure. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6b.
     
  The finding of an irregularity, as part of the audit of an operation leading to a financial penalty, cannot lead to extending the scope of the control or to financial corrections beyond the expenditure covered by the accounting year of the audited expenditure.

Amendment 301

Amendment 301

Proposal for a regulation

Proposal for a regulation

Article 72 — paragraph 1

Article 72 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The audit authority shall prepare an audit strategy based on a risk assessment, taking account of the management and control system description provided for in Article 63(9), covering system audits and audits of operations. The audit strategy shall include system audits of newly identified managing authorities and authorities in charge of the accounting function within nine months following their first year of functioning. The audit strategy shall be prepared in accordance with the template set out in Annex XVIII and shall be updated annually following the first annual control report and audit opinion provided to the Commission. It may cover one or more programmes. | 1.   The audit authority shall
  , after consulting the managing authority,
  prepare an audit strategy based on a risk assessment, taking account of the management and control system description provided for in Article 63(9), covering system audits and audits of operations. The audit strategy shall include system audits of newly identified managing authorities and authorities in charge of the accounting function
  . The audit shall be performed
   within nine months following their first year of functioning. The audit strategy shall be prepared in accordance with the template set out in Annex XVIII and shall be updated annually following the first annual control report and audit opinion provided to the Commission. It may cover one or more programmes.
  In the audit strategy, the audit authority may determine a limit for single account audits. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The audit authority shall prepare an audit strategy based on a risk assessment, taking account of the management and control system description provided for in Article 63(9), covering system audits and audits of operations. The audit strategy shall include system audits of newly identified managing authorities and authorities in charge of the accounting function within nine months following their first year of functioning. The audit strategy shall be prepared in accordance with the template set out in Annex XVIII and shall be updated annually following the first annual control report and audit opinion provided to the Commission. It may cover one or more programmes.

1.   The audit authority shall
  , after consulting the managing authority,
  prepare an audit strategy based on a risk assessment, taking account of the management and control system description provided for in Article 63(9), covering system audits and audits of operations. The audit strategy shall include system audits of newly identified managing authorities and authorities in charge of the accounting function
  . The audit shall be performed
   within nine months following their first year of functioning. The audit strategy shall be prepared in accordance with the template set out in Annex XVIII and shall be updated annually following the first annual control report and audit opinion provided to the Commission. It may cover one or more programmes.
  In the audit strategy, the audit authority may determine a limit for single account audits.

Amendment 302

Amendment 302

Proposal for a regulation

Proposal for a regulation

Article 73 — paragraph 3 — subparagraph 1 a (new)

Article 73 — paragraph 3 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | In case of a disagreement between the Commission and a Member State on audit findings, a settlement procedure shall be put in place. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In case of a disagreement between the Commission and a Member State on audit findings, a settlement procedure shall be put in place.

In case of a disagreement between the Commission and a Member State on audit findings, a settlement procedure shall be put in place.

Amendment 303

Amendment 303

Proposal for a regulation

Proposal for a regulation

Article 74 — paragraph 1 — subparagraph 2

Article 74 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission and audit authorities shall first use all information and records available in
  the
  electronic
  system
  referred to in Article 66(1)(e), including results of management verifications and only request and obtain additional documents and audit evidence from the beneficiaries concerned where, based on their professional judgement, this is required to support robust audit conclusions. | The Commission and audit authorities shall first use all information and records available in electronic
  systems
  referred to in Article 66(1)(e), including results of management verifications and only request and obtain additional documents and audit evidence from the beneficiaries concerned where, based on their professional judgement, this is required to support robust audit conclusions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission and audit authorities shall first use all information and records available in
  the
  electronic
  system
  referred to in Article 66(1)(e), including results of management verifications and only request and obtain additional documents and audit evidence from the beneficiaries concerned where, based on their professional judgement, this is required to support robust audit conclusions.

the

system

The Commission and audit authorities shall first use all information and records available in electronic
  systems
  referred to in Article 66(1)(e), including results of management verifications and only request and obtain additional documents and audit evidence from the beneficiaries concerned where, based on their professional judgement, this is required to support robust audit conclusions.

systems

Amendment 304

Amendment 304

Proposal for a regulation

Proposal for a regulation

Article 75 — paragraph 1

Article 75 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The managing authority shall carry out on-the-spot management verifications in accordance with Article 68(1) only at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans. | 1.   The managing authority shall carry out on-the-spot management verifications in accordance with Article 68(1) only at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans.
  Without prejudice to the provisions of Article 127 of the Financial Regulation, if the financial instrument provides control reports supporting the payment application, the managing authority may decide not to carry out on-the-spot management verifications. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The managing authority shall carry out on-the-spot management verifications in accordance with Article 68(1) only at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans.

1.   The managing authority shall carry out on-the-spot management verifications in accordance with Article 68(1) only at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans.
  Without prejudice to the provisions of Article 127 of the Financial Regulation, if the financial instrument provides control reports supporting the payment application, the managing authority may decide not to carry out on-the-spot management verifications.

Amendment 305

Amendment 305

Proposal for a regulation

Proposal for a regulation

Article 75 — paragraph 2 — subparagraph 2

Article 75 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| However, the EIB or other
  internationally
  financial institutions in which a Member State is a shareholder shall provide control reports supporting the payment applications to the managing authority. | However, the EIB or other
  international
  financial institutions in which a Member State is a shareholder shall provide control reports supporting the payment applications to the managing authority. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

However, the EIB or other
  internationally
  financial institutions in which a Member State is a shareholder shall provide control reports supporting the payment applications to the managing authority.

internationally

However, the EIB or other
  international
  financial institutions in which a Member State is a shareholder shall provide control reports supporting the payment applications to the managing authority.

international

Amendment 306

Amendment 306

Proposal for a regulation

Proposal for a regulation

Article 75 — paragraph 3

Article 75 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The audit authority shall carry out system audits and audits of operations in accordance with Articles 71, 73 or 77 at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans. | 3.   The audit authority shall carry out system audits and audits of operations in accordance with Articles 71, 73 or 77 at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans.
  Without prejudice to the provisions of Article 127 of the Financial Regulation, if the financial instrument provides the audit authority with an annual audit report drawn up by their external auditors by the end of each calendar year that covers the elements included in Annex XVII, the audit authority may decide not to carry out further audits. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The audit authority shall carry out system audits and audits of operations in accordance with Articles 71, 73 or 77 at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans.

3.   The audit authority shall carry out system audits and audits of operations in accordance with Articles 71, 73 or 77 at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans.
  Without prejudice to the provisions of Article 127 of the Financial Regulation, if the financial instrument provides the audit authority with an annual audit report drawn up by their external auditors by the end of each calendar year that covers the elements included in Annex XVII, the audit authority may decide not to carry out further audits.

Amendment 307

Amendment 307

Proposal for a regulation

Proposal for a regulation

Article 75 — paragraph 3 a (new)

Article 75 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  In the context of guarantee funds, the bodies responsible for the audit of programmes may conduct verifications or audits of the bodies providing new underlying loans only when one or more of the following situations occur: |
| | (a) | supporting documents, providing evidence of the support from the financial instrument to final recipients, are not available at the level of the managing authority or at the level of the bodies that implement financial instruments; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  In the context of guarantee funds, the bodies responsible for the audit of programmes may conduct verifications or audits of the bodies providing new underlying loans only when one or more of the following situations occur:

(a)

(a)

supporting documents, providing evidence of the support from the financial instrument to final recipients, are not available at the level of the managing authority or at the level of the bodies that implement financial instruments;

supporting documents, providing evidence of the support from the financial instrument to final recipients, are not available at the level of the managing authority or at the level of the bodies that implement financial instruments;

| (b) | there is evidence that the documents available at the level of the managing authority or at the level of the bodies that implement financial instruments do not represent a true and accurate record of the support provided. |
| --- | --- |

(b)

(b)

there is evidence that the documents available at the level of the managing authority or at the level of the bodies that implement financial instruments do not represent a true and accurate record of the support provided.

there is evidence that the documents available at the level of the managing authority or at the level of the bodies that implement financial instruments do not represent a true and accurate record of the support provided.

Amendment 308

Amendment 308

Proposal for a regulation

Proposal for a regulation

Article 76 — paragraph 1

Article 76 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Without prejudice to the rules governing State aid, the managing authority shall ensure that all supporting documents related to an operation supported by the Funds are kept at the appropriate level for a 
  five-year
  period from 31 December of the year in which the last payment by the managing authority to the beneficiary is made. | 1.   Without prejudice to the rules governing State aid, the managing authority shall ensure that all supporting documents related to an operation supported by the Funds are kept at the appropriate level for a 
  three-year
  period from 31 December of the year in which the last payment by the managing authority to the beneficiary is made. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Without prejudice to the rules governing State aid, the managing authority shall ensure that all supporting documents related to an operation supported by the Funds are kept at the appropriate level for a 
  five-year
  period from 31 December of the year in which the last payment by the managing authority to the beneficiary is made.

1.   Without prejudice to the rules governing State aid, the managing authority shall ensure that all supporting documents related to an operation supported by the Funds are kept at the appropriate level for a 
  three-year
  period from 31 December of the year in which the last payment by the managing authority to the beneficiary is made.

Amendment 309

Amendment 309

Proposal for a regulation

Proposal for a regulation

Article 76 — paragraph 2 a (new)

Article 76 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The document retention period may be reduced, proportionally to the risk profile and the size of beneficiaries, by decision of the managing authority. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  The document retention period may be reduced, proportionally to the risk profile and the size of beneficiaries, by decision of the managing authority.

Amendment 310

Amendment 310

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 2 — subparagraph 1 — introductory part

Article 84 — paragraph 2 — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The pre-financing for each Fund shall be paid in yearly instalments before 1 July of each year,
  subject to availability of funds,
  as follows: | The pre-financing for each Fund shall be paid in yearly instalments before 1 July of each year, as follows: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The pre-financing for each Fund shall be paid in yearly instalments before 1 July of each year,
  subject to availability of funds,
  as follows:

subject to availability of funds,

The pre-financing for each Fund shall be paid in yearly instalments before 1 July of each year, as follows:

Amendment 311

Amendment 311

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 2 — subparagraph 1 — point b

Article 84 — paragraph 2 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | 2022:
  0,5
  %; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

2022:
  0,5
  %;

0,5

| (b) | 2022:
  0,7
  %; |
| --- | --- |

(b)

2022:
  0,7
  %;

0,7

Amendment 312

Amendment 312

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 2 — subparagraph 1 — point c

Article 84 — paragraph 2 — subparagraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | 2023:
  0,5
  %; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

2023:
  0,5
  %;

0,5

| (c) | 2023:
  1
  %; |
| --- | --- |

(c)

2023:
  1
  %;

1

Amendment 313

Amendment 313

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 2 — subparagraph 1 — point d

Article 84 — paragraph 2 — subparagraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | 2024:
  0,5
  %; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

2024:
  0,5
  %;

0,5

| (d) | 2024:
  1,5
  %; |
| --- | --- |

(d)

2024:
  1,5
  %;

1,5

Amendment 314

Amendment 314

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 2 — subparagraph 1 — point e

Article 84 — paragraph 2 — subparagraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | 2025:
  0,5
  %; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

2025:
  0,5
  %;

0,5

| (e) | 2025:
  2
  %; |
| --- | --- |

(e)

2025:
  2
  %;

2

Amendment 315

Amendment 315

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 2 — subparagraph 1 — point f

Article 84 — paragraph 2 — subparagraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | 2026:
  0,5 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(f)

2026:
  0,5

0,5

| (f) | 2026:
  2 % |
| --- | --- |

(f)

2026:
  2 %

2 %

Amendment 316

Amendment 316

Proposal for a regulation

Proposal for a regulation

Article 85 — paragraph 3 — point b

Article 85 — paragraph 3 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the amount for technical assistance calculated in accordance with Article
  31(2)
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

the amount for technical assistance calculated in accordance with Article
  31(2)
  ;

31(2)

| (b) | the amount for technical assistance calculated in accordance with Article
  31
  ; |
| --- | --- |

(b)

the amount for technical assistance calculated in accordance with Article
  31
  ;

31

Amendment 317

Amendment 317

Proposal for a regulation

Proposal for a regulation

Article 85 — paragraph 4 — point c a (new)

Article 85 — paragraph 4 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | in the case of state aid, the payment application may include advances paid to the beneficiary by the body granting the aid under the following cumulative conditions: they are subject to a bank or equivalent guarantee, they do not exceed 40 % of the total amount of the aid to be granted to a beneficiary for a given operation and are covered by expenditure paid by beneficiaries and supported by receipted invoices within 3 years. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

in the case of state aid, the payment application may include advances paid to the beneficiary by the body granting the aid under the following cumulative conditions: they are subject to a bank or equivalent guarantee, they do not exceed 40 % of the total amount of the aid to be granted to a beneficiary for a given operation and are covered by expenditure paid by beneficiaries and supported by receipted invoices within 3 years.

in the case of state aid, the payment application may include advances paid to the beneficiary by the body granting the aid under the following cumulative conditions: they are subject to a bank or equivalent guarantee, they do not exceed 40 % of the total amount of the aid to be granted to a beneficiary for a given operation and are covered by expenditure paid by beneficiaries and supported by receipted invoices within 3 years.

Amendment 318

Amendment 318

Proposal for a regulation

Proposal for a regulation

Article 86 — paragraph 1

Article 86 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where financial instruments are implemented in accordance with Article
  53(2)
  , payment applications submitted in accordance with Annex XIX shall include the total amounts disbursed or, in the case of guarantees, the amounts set aside as agreed in guarantee contracts, by the managing authority to final recipients as referred to in points (a), (b) and (c) of Article 62(1). | 1.   Where financial instruments are implemented in accordance with Article
  53(1)
  , payment applications submitted in accordance with Annex XIX shall include the total amounts disbursed or, in the case of guarantees, the amounts set aside as agreed in guarantee contracts, by the managing authority to final recipients as referred to in points (a), (b) and (c) of Article 62(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Where financial instruments are implemented in accordance with Article
  53(2)
  , payment applications submitted in accordance with Annex XIX shall include the total amounts disbursed or, in the case of guarantees, the amounts set aside as agreed in guarantee contracts, by the managing authority to final recipients as referred to in points (a), (b) and (c) of Article 62(1).

1.   Where financial instruments are implemented in accordance with Article
  53(1)
  , payment applications submitted in accordance with Annex XIX shall include the total amounts disbursed or, in the case of guarantees, the amounts set aside as agreed in guarantee contracts, by the managing authority to final recipients as referred to in points (a), (b) and (c) of Article 62(1).

Amendment 319

Amendment 319

Proposal for a regulation

Proposal for a regulation

Article 86 — paragraph 2 — introductory part

Article 86 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where financial instruments are implemented in accordance with Article
  53(3)
  , payment applications that include expenditure for financial instruments shall be submitted in accordance with the following conditions: | 2.   Where financial instruments are implemented in accordance with Article
  53(2)
  , payment applications that include expenditure for financial instruments shall be submitted in accordance with the following conditions: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Where financial instruments are implemented in accordance with Article
  53(3)
  , payment applications that include expenditure for financial instruments shall be submitted in accordance with the following conditions:

2.   Where financial instruments are implemented in accordance with Article
  53(2)
  , payment applications that include expenditure for financial instruments shall be submitted in accordance with the following conditions:

Amendment 320

Amendment 320

Proposal for a regulation

Proposal for a regulation

Article 87 — paragraph 1

Article 87 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   
  Subject to available funding,
  the Commission shall make interim payments no later than 60 days after the date on which a payment application is received by the Commission. | 1.   The Commission shall make interim payments no later than 60 days after the date on which a payment application is received by the Commission. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   
  Subject to available funding,
  the Commission shall make interim payments no later than 60 days after the date on which a payment application is received by the Commission.

1.   The Commission shall make interim payments no later than 60 days after the date on which a payment application is received by the Commission.

Amendment 321

Amendment 321

Proposal for a regulation

Proposal for a regulation

Article 90 — paragraph 1 — point a

Article 90 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | there is evidence
  to suggest
  a serious deficiency and for which corrective measures have not been taken; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

there is evidence
  to suggest
  a serious deficiency and for which corrective measures have not been taken;

to suggest

| (a) | there is a serious evidence
  of
  a serious deficiency and for which corrective measures have not been taken; |
| --- | --- |

(a)

there is a serious evidence
  of
  a serious deficiency and for which corrective measures have not been taken;

of

Amendment 322

Amendment 322

Proposal for a regulation

Proposal for a regulation

Article 91 — paragraph 1 — point e

Article 91 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | the Member State has failed to take the necessary action in accordance with Article 15(6). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

(e)

the Member State has failed to take the necessary action in accordance with Article 15(6).

the Member State has failed to take the necessary action in accordance with Article 15(6).

deleted

deleted

Amendment 323

Amendment 323

Proposal for a regulation

Proposal for a regulation

Article 99 — paragraph 1

Article 99 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission shall decommit any amount in a programme which has not been used for pre-financing in accordance with Article 84 or for which a payment application has not been submitted in accordance with Articles 85 and 86 by
  26
  December of the
  second
  calendar year following the year of the budget commitments for the years 2021 to 2026. | 1.   The Commission shall decommit any amount in a programme which has not been used for pre-financing in accordance with Article 84 or for which a payment application has not been submitted in accordance with Articles 85 and 86 by
  31
  December of the
  third
  calendar year following the year of the budget commitments for the years 2021 to 2026. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The Commission shall decommit any amount in a programme which has not been used for pre-financing in accordance with Article 84 or for which a payment application has not been submitted in accordance with Articles 85 and 86 by
  26
  December of the
  second
  calendar year following the year of the budget commitments for the years 2021 to 2026.

1.   The Commission shall decommit any amount in a programme which has not been used for pre-financing in accordance with Article 84 or for which a payment application has not been submitted in accordance with Articles 85 and 86 by
  31
  December of the
  third
  calendar year following the year of the budget commitments for the years 2021 to 2026.

Amendment 324

Amendment 324

Proposal for a regulation

Proposal for a regulation

Article 99 — paragraph 2

Article 99 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.
     
  The amount to be covered by pre-financing or payment applications by the time limit established in paragraph 1 concerning the budget commitment of 2021 shall be 60 % of that commitment. 10 % of the budget commitment of 2021 shall be added to each budget commitment for the years 2022 to 2025 for the purposes of calculating the amounts to be covered. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.
     
  The amount to be covered by pre-financing or payment applications by the time limit established in paragraph 1 concerning the budget commitment of 2021 shall be 60 % of that commitment. 10 % of the budget commitment of 2021 shall be added to each budget commitment for the years 2022 to 2025 for the purposes of calculating the amounts to be covered.

deleted

deleted

Amendment 325

Amendment 325

Proposal for a regulation

Proposal for a regulation

Article 99 — paragraph 3

Article 99 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The part of commitments still open on 31 December
  2029
  shall be decommitted if the assurance package and the final performance report for programmes supported by the ESF+, the ERDF and the Cohesion Fund have not been submitted to the Commission by the time limit set out in Article 38(1). | 3.   The part of commitments still open on 31 December
  2030
  shall be decommitted if the assurance package and the final performance report for programmes supported by the ESF+, the ERDF and the Cohesion Fund have not been submitted to the Commission by the time limit set out in Article 38(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The part of commitments still open on 31 December
  2029
  shall be decommitted if the assurance package and the final performance report for programmes supported by the ESF+, the ERDF and the Cohesion Fund have not been submitted to the Commission by the time limit set out in Article 38(1).

3.   The part of commitments still open on 31 December
  2030
  shall be decommitted if the assurance package and the final performance report for programmes supported by the ESF+, the ERDF and the Cohesion Fund have not been submitted to the Commission by the time limit set out in Article 38(1).

Amendment 326

Amendment 326

Proposal for a regulation

Proposal for a regulation

Article 100 — paragraph 1 — subparagraph 1 — point b a (new)

Article 100 — paragraph 1 — subparagraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (b a) | it has not been possible to make a timely payment application because of delays at Union level in setting up the legal and administrative framework for the funds for the 2021-2027 period. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b a)

(b a)

it has not been possible to make a timely payment application because of delays at Union level in setting up the legal and administrative framework for the funds for the 2021-2027 period.

it has not been possible to make a timely payment application because of delays at Union level in setting up the legal and administrative framework for the funds for the 2021-2027 period.

Amendment 327

Amendment 327

Proposal for a regulation

Proposal for a regulation

Article 101 — paragraph 2

Article 101 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Member State shall have
  one month
  to agree to the amount to be decommitted or to submit its observations. | 2.   The Member State shall have
  two months
  to agree to the amount to be decommitted or to submit its observations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Member State shall have
  one month
  to agree to the amount to be decommitted or to submit its observations.

2.   The Member State shall have
  two months
  to agree to the amount to be decommitted or to submit its observations.

Amendment 328

Amendment 328

Proposal for a regulation

Proposal for a regulation

Article 102 — paragraph 1

Article 102 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The ERDF, the ESF+ and the Cohesion Fund shall support the Investment for jobs and growth goal in all regions corresponding to level 2 of the common classification of territorial units for statistics (‘NUTS level 2 regions’) established by Regulation (EC) No 1059/2003 as amended by Commission Regulation
  (EC) No 868/2014
  . | 1.   The ERDF, the ESF+ and the Cohesion Fund shall support the Investment for jobs and growth goal in all regions corresponding to level 2 of the common classification of territorial units for statistics (‘NUTS level 2 regions’) established by Regulation (EC) No 1059/2003 as amended by Commission Regulation
  (EU) 2016/2066
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The ERDF, the ESF+ and the Cohesion Fund shall support the Investment for jobs and growth goal in all regions corresponding to level 2 of the common classification of territorial units for statistics (‘NUTS level 2 regions’) established by Regulation (EC) No 1059/2003 as amended by Commission Regulation
  (EC) No 868/2014
  .

1.   The ERDF, the ESF+ and the Cohesion Fund shall support the Investment for jobs and growth goal in all regions corresponding to level 2 of the common classification of territorial units for statistics (‘NUTS level 2 regions’) established by Regulation (EC) No 1059/2003 as amended by Commission Regulation
  (EU) 2016/2066
  .

Amendment 329

Amendment 329

Proposal for a regulation

Proposal for a regulation

Article 103 — paragraph 1 — subparagraph 1

Article 103 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The resources for economic, social and territorial cohesion available for budgetary commitment for the period 2021-2027 shall be EUR
  330 624 388 630
  in 2018 prices. | The resources for economic, social and territorial cohesion available for budgetary commitment for the period 2021-2027 shall be
  EUR 378 097 000 000 in 2018 prices. |
| | (This amendment aims to reinstate an amount equivalent to that available for the 2014-2020 period, with the necessary increases, in line with the EP position on the MFF proposal for 2021-2027. It will require consequential adjustments to the calculations in Annex XXII.) |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The resources for economic, social and territorial cohesion available for budgetary commitment for the period 2021-2027 shall be EUR
  330 624 388 630
  in 2018 prices.

330 624 388 630

The resources for economic, social and territorial cohesion available for budgetary commitment for the period 2021-2027 shall be
  EUR 378 097 000 000 in 2018 prices.

EUR 378 097 000 000 in 2018 prices.

(This amendment aims to reinstate an amount equivalent to that available for the 2014-2020 period, with the necessary increases, in line with the EP position on the MFF proposal for 2021-2027. It will require consequential adjustments to the calculations in Annex XXII.)

(This amendment aims to reinstate an amount equivalent to that available for the 2014-2020 period, with the necessary increases, in line with the EP position on the MFF proposal for 2021-2027. It will require consequential adjustments to the calculations in Annex XXII.)

Amendment 330

Amendment 330

Proposal for a regulation

Proposal for a regulation

Article 103 — paragraph 2 — subparagraph 1

Article 103 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall adopt a decision, by means of implementing act, setting out the annual breakdown of the global resources per Member State under the Investment for jobs and growth goal, per category of regions, together with the list of eligible regions in accordance with the methodology set out in Annex XXII. | The Commission shall adopt a decision, by means of implementing act, setting out the annual breakdown of the global resources per Member State under the Investment for jobs and growth goal, per category of regions, together with the list of eligible regions in accordance with the methodology set out in Annex XXII.
  The minimum overall allocation from the Funds, at national level, should be equal to 76 % of the budget allocated to each Member State or region over the 2014-2020 period. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall adopt a decision, by means of implementing act, setting out the annual breakdown of the global resources per Member State under the Investment for jobs and growth goal, per category of regions, together with the list of eligible regions in accordance with the methodology set out in Annex XXII.

The Commission shall adopt a decision, by means of implementing act, setting out the annual breakdown of the global resources per Member State under the Investment for jobs and growth goal, per category of regions, together with the list of eligible regions in accordance with the methodology set out in Annex XXII.
  The minimum overall allocation from the Funds, at national level, should be equal to 76 % of the budget allocated to each Member State or region over the 2014-2020 period.

The minimum overall allocation from the Funds, at national level, should be equal to 76 % of the budget allocated to each Member State or region over the 2014-2020 period.

Amendment 429

Amendment 429

Proposal for a regulation

Proposal for a regulation

Article 103 — paragraph 2 — subparagraph 2 a (new)

Article 103 — paragraph 2 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Without prejudice to the national allocations for the Member States, funding for regions, which are downgraded in category for the 2021-2027 period, shall be maintained at the level of 2014-2020 allocations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Without prejudice to the national allocations for the Member States, funding for regions, which are downgraded in category for the 2021-2027 period, shall be maintained at the level of 2014-2020 allocations.

Without prejudice to the national allocations for the Member States, funding for regions, which are downgraded in category for the 2021-2027 period, shall be maintained at the level of 2014-2020 allocations.

Amendment 331

Amendment 331

Proposal for a regulation

Proposal for a regulation

Article 103 — paragraph 2 — subparagraph 2 b (new)

Article 103 — paragraph 2 — subparagraph 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | In view of the particular importance of cohesion funding for cross-border and transnational cooperation, and for the outermost regions, the eligibility criteria for such funding should be no less favourable than in the 2014-2020 period, and ensure maximum continuity with existing programmes.



  (This Amendment will require consequential adjustments to the calculations in Annex XXII.) |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In view of the particular importance of cohesion funding for cross-border and transnational cooperation, and for the outermost regions, the eligibility criteria for such funding should be no less favourable than in the 2014-2020 period, and ensure maximum continuity with existing programmes.

In view of the particular importance of cohesion funding for cross-border and transnational cooperation, and for the outermost regions, the eligibility criteria for such funding should be no less favourable than in the 2014-2020 period, and ensure maximum continuity with existing programmes.

(This Amendment will require consequential adjustments to the calculations in Annex XXII.)

(This Amendment will require consequential adjustments to the calculations in Annex XXII.)

Amendment 332

Amendment 332

Proposal for a regulation

Proposal for a regulation

Article 104 — paragraph 1 — introductory part

Article 104 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Resources for the Investment for jobs and growth goal shall amount to
  97.5
  % of the global resources (i.e., a total of EUR
  322 194 388 630 ) and
  shall be allocated as follows: | 1.   Resources for the Investment for jobs and growth goal shall amount to
  97
  % of the global resources, i.e., a total of EUR
  366 754 000 000 (in 2018 prices). Out of this amount, EUR 5 900 000 000 shall be allocated to the Child Guarantee from the resources under the ESF+. The remaining envelope of EUR 360 854 000 000 (in 2018 prices)
  shall be allocated as follows: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Resources for the Investment for jobs and growth goal shall amount to
  97.5
  % of the global resources (i.e., a total of EUR
  322 194 388 630 ) and
  shall be allocated as follows:

1.   Resources for the Investment for jobs and growth goal shall amount to
  97
  % of the global resources, i.e., a total of EUR
  366 754 000 000 (in 2018 prices). Out of this amount, EUR 5 900 000 000 shall be allocated to the Child Guarantee from the resources under the ESF+. The remaining envelope of EUR 360 854 000 000 (in 2018 prices)
  shall be allocated as follows:

Amendment 333

Amendment 333

Proposal for a regulation

Proposal for a regulation

Article 104 — paragraph 1 — point a

Article 104 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | 61,6  % (i.e a total of EUR
  198 621 593 157
  ) for less developed regions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

61,6  % (i.e a total of EUR
  198 621 593 157
  ) for less developed regions;

198 621 593 157

| (a) | 61,6  % (i.e a total of EUR
  222 453 894 000
  ) for less developed regions; |
| --- | --- |

(a)

61,6  % (i.e a total of EUR
  222 453 894 000
  ) for less developed regions;

222 453 894 000

Amendment 334

Amendment 334

Proposal for a regulation

Proposal for a regulation

Article 104 — paragraph 1 — point b

Article 104 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | 14,3  % (i.e a total of EUR
  45 934 516 595
  ) for transition regions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

14,3  % (i.e a total of EUR
  45 934 516 595
  ) for transition regions;

45 934 516 595

| (b) | 14,3  % (i.e a total of EUR
  51 446 129 000
  ) for transition regions; |
| --- | --- |

(b)

14,3  % (i.e a total of EUR
  51 446 129 000
  ) for transition regions;

51 446 129 000

Amendment 335

Amendment 335

Proposal for a regulation

Proposal for a regulation

Article 104 — paragraph 1 — point c

Article 104 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | 10,8  % (i.e., a total of EUR
  34 842 689 000
  ) for more developed regions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

10,8  % (i.e., a total of EUR
  34 842 689 000
  ) for more developed regions;

34 842 689 000

| (c) | 10,8  % (i.e., a total of EUR
  39 023 410 000
  ) for more developed regions; |
| --- | --- |

(c)

10,8  % (i.e., a total of EUR
  39 023 410 000
  ) for more developed regions;

39 023 410 000

Amendment 336

Amendment 336

Proposal for a regulation

Proposal for a regulation

Article 104 — paragraph 1 — point d

Article 104 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | 12,8  % (i.e., a total of EUR
  41 348 556 877
  ) for Member States supported by the Cohesion Fund; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

12,8  % (i.e., a total of EUR
  41 348 556 877
  ) for Member States supported by the Cohesion Fund;

41 348 556 877

| (d) | 12,8  % (i.e., a total of EUR
  46 309 907 000
  ) for Member States supported by the Cohesion Fund; |
| --- | --- |

(d)

12,8  % (i.e., a total of EUR
  46 309 907 000
  ) for Member States supported by the Cohesion Fund;

46 309 907 000

Amendment 337

Amendment 337

Proposal for a regulation

Proposal for a regulation

Article 104 — paragraph 1 — point e

Article 104 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | 0,4  % (i.e., a total of EUR
  1 447 034 001
  ) as additional funding for the outermost regions identified in Article 349 of the TFEU and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

0,4  % (i.e., a total of EUR
  1 447 034 001
  ) as additional funding for the outermost regions identified in Article 349 of the TFEU and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession.

1 447 034 001

| (e) | 0,4  % (i.e., a total of EUR
  1 620 660 000
  ) as additional funding for the outermost regions identified in Article 349 of the TFEU and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession. |
| --- | --- |

(e)

0,4  % (i.e., a total of EUR
  1 620 660 000
  ) as additional funding for the outermost regions identified in Article 349 of the TFEU and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession.

1 620 660 000

Amendment 338

Amendment 338

Proposal for a regulation

Proposal for a regulation

Article 104 — paragraph 3 — subparagraph 1

Article 104 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The
  amount of
  resources available for the ESF+ under the Investment for jobs and growth goal
  shall be EUR 88 646 194 590
  . | The resources available for the ESF+
  shall amount to 28,8  % of the resources
  under the Investment for jobs and growth goal
  (i.e., EUR 105 686 000 000 in 2018 prices)
  .
  That does not include the financial envelope for the Employment and Social Innovation strand or the Health strand. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The
  amount of
  resources available for the ESF+ under the Investment for jobs and growth goal
  shall be EUR 88 646 194 590
  .

amount of

shall be EUR 88 646 194 590

The resources available for the ESF+
  shall amount to 28,8  % of the resources
  under the Investment for jobs and growth goal
  (i.e., EUR 105 686 000 000 in 2018 prices)
  .
  That does not include the financial envelope for the Employment and Social Innovation strand or the Health strand.

shall amount to 28,8  % of the resources

(i.e., EUR 105 686 000 000 in 2018 prices)

That does not include the financial envelope for the Employment and Social Innovation strand or the Health strand.

Amendment 339

Amendment 339

Proposal for a regulation

Proposal for a regulation

Article 104 — paragraph 3 — subparagraph 2

Article 104 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The amount of additional funding for the outermost regions referred to in point (e) in paragraph 1 allocated to the ESF+ shall
  be EUR 376 928 934
  . | The amount of additional funding for the outermost regions referred to in point (e) in paragraph 1 allocated to the ESF+ shall
  correspond to 0,4  % of the resources referred to in the first subparagraph (i.e., EUR 424 296 054 in 2018 prices)
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The amount of additional funding for the outermost regions referred to in point (e) in paragraph 1 allocated to the ESF+ shall
  be EUR 376 928 934
  .

be EUR 376 928 934

The amount of additional funding for the outermost regions referred to in point (e) in paragraph 1 allocated to the ESF+ shall
  correspond to 0,4  % of the resources referred to in the first subparagraph (i.e., EUR 424 296 054 in 2018 prices)
  .

correspond to 0,4  % of the resources referred to in the first subparagraph (i.e., EUR 424 296 054 in 2018 prices)

Amendment 340

Amendment 340

Proposal for a regulation

Proposal for a regulation

Article 104 — paragraph 4 — subparagraph 1

Article 104 — paragraph 4 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The amount of support from the Cohesion Fund to be transferred to the CEF shall be EUR
  10 000 000 000
  . It shall be spent for transport infrastructure projects by launching specific calls in accordance with Regulation (EU) [number of new CEF Regulation] exclusively in Member States eligible for funding from the Cohesion Fund. | The amount of support from the Cohesion Fund to be transferred to the CEF shall be EUR
  4 000 000 000 in 2018 prices
  . It shall be spent for transport infrastructure projects
  , taking into account the investment infrastructure needs of Member States and regions,
  by launching specific calls in accordance with Regulation (EU) [number of new CEF Regulation] exclusively in Member States eligible for funding from the Cohesion Fund. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The amount of support from the Cohesion Fund to be transferred to the CEF shall be EUR
  10 000 000 000
  . It shall be spent for transport infrastructure projects by launching specific calls in accordance with Regulation (EU) [number of new CEF Regulation] exclusively in Member States eligible for funding from the Cohesion Fund.

10 000 000 000

The amount of support from the Cohesion Fund to be transferred to the CEF shall be EUR
  4 000 000 000 in 2018 prices
  . It shall be spent for transport infrastructure projects
  , taking into account the investment infrastructure needs of Member States and regions,
  by launching specific calls in accordance with Regulation (EU) [number of new CEF Regulation] exclusively in Member States eligible for funding from the Cohesion Fund.

4 000 000 000 in 2018 prices

, taking into account the investment infrastructure needs of Member States and regions,

Amendment 341

Amendment 341

Proposal for a regulation

Proposal for a regulation

Article 104 — paragraph 4 — subparagraph 5

Article 104 — paragraph 4 — subparagraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 30 % of the resources transferred to the CEF shall be available immediately after the transfer to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with Regulation (EU) [the new CEF Regulation]. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

30 % of the resources transferred to the CEF shall be available immediately after the transfer to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with Regulation (EU) [the new CEF Regulation].

30 % of the resources transferred to the CEF shall be available immediately after the transfer to all Member States eligible for funding from the Cohesion Fund to finance transport infrastructure projects in accordance with Regulation (EU) [the new CEF Regulation].

deleted

deleted

Amendment 342

Amendment 342

Proposal for a regulation

Proposal for a regulation

Article 104 — paragraph 4 — subparagraph 6

Article 104 — paragraph 4 — subparagraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| Rules applicable for the transport sector under Regulation (EU) [new CEF Regulation] shall apply to the specific calls referred to in the first subparagraph. Until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund
  with regard to 70 % of the resources transferred to the CEF
  . | Rules applicable for the transport sector under Regulation (EU) [new CEF Regulation] shall apply to the specific calls referred to in the first subparagraph. Until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Rules applicable for the transport sector under Regulation (EU) [new CEF Regulation] shall apply to the specific calls referred to in the first subparagraph. Until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund
  with regard to 70 % of the resources transferred to the CEF
  .

with regard to 70 % of the resources transferred to the CEF

Rules applicable for the transport sector under Regulation (EU) [new CEF Regulation] shall apply to the specific calls referred to in the first subparagraph. Until 31 December 2023, the selection of projects eligible for financing shall respect the national allocations under the Cohesion Fund.

Amendment 343

Amendment 343

Proposal for a regulation

Proposal for a regulation

Article 104 — paragraph 5

Article 104 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   EUR
  500 000 000
  of the resources for the Investment for jobs and growth goal shall be allocated to the European Urban Initiative under direct or indirect management by the Commission. | 5.   EUR
  560 000 000 in 2018 prices
  of the resources for the Investment for jobs and growth goal shall be allocated to the European Urban Initiative under direct or indirect management by the Commission. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   EUR
  500 000 000
  of the resources for the Investment for jobs and growth goal shall be allocated to the European Urban Initiative under direct or indirect management by the Commission.

5.   EUR
  560 000 000 in 2018 prices
  of the resources for the Investment for jobs and growth goal shall be allocated to the European Urban Initiative under direct or indirect management by the Commission.

Amendment 344

Amendment 344

Proposal for a regulation

Proposal for a regulation

Article 104 — paragraph 6

Article 104 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   EUR
  175 000 000
  of the ESF+ resources for the Investment for jobs and growth goal shall be allocated for transnational cooperation supporting innovative solutions under direct or indirect management. | 6.   EUR
  196 000 000 in 2018 prices
  of the ESF+ resources for the Investment for jobs and growth goal shall be allocated for transnational cooperation supporting innovative solutions under direct or indirect management. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   EUR
  175 000 000
  of the ESF+ resources for the Investment for jobs and growth goal shall be allocated for transnational cooperation supporting innovative solutions under direct or indirect management.

6.   EUR
  196 000 000 in 2018 prices
  of the ESF+ resources for the Investment for jobs and growth goal shall be allocated for transnational cooperation supporting innovative solutions under direct or indirect management.

Amendment 345

Amendment 345

Proposal for a regulation

Proposal for a regulation

Article 104 — paragraph 7

Article 104 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   Resources for the European territorial cooperation goal (Interreg) shall amount to
  2,5
  % of the global resources available for budgetary commitment from the Funds for the period 2021-2027 (i.e. a total of EUR
  8 430 000 000
  ). | 7.   Resources for the European territorial cooperation goal (Interreg) shall amount to
  3
  % of the global resources available for budgetary commitment from the Funds for the period 2021-2027 (i.e. a total of EUR
  11 343 000 000 in 2018 prices
  ). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   Resources for the European territorial cooperation goal (Interreg) shall amount to
  2,5
  % of the global resources available for budgetary commitment from the Funds for the period 2021-2027 (i.e. a total of EUR
  8 430 000 000
  ).

7.   Resources for the European territorial cooperation goal (Interreg) shall amount to
  3
  % of the global resources available for budgetary commitment from the Funds for the period 2021-2027 (i.e. a total of EUR
  11 343 000 000 in 2018 prices
  ).

Amendment 346

Amendment 346

Proposal for a regulation

Proposal for a regulation

Article 105 — paragraph 1 — point a

Article 105 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | of not more than
  15
  % of the total allocations for less developed regions to transition regions or more developed regions and from transition regions to more developed regions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

of not more than
  15
  % of the total allocations for less developed regions to transition regions or more developed regions and from transition regions to more developed regions;

15

| (a) | of not more than
  5
  % of the total allocations for less developed regions to transition regions or more developed regions and from transition regions to more developed regions; |
| --- | --- |

(a)

of not more than
  5
  % of the total allocations for less developed regions to transition regions or more developed regions and from transition regions to more developed regions;

5

Amendment 347

Amendment 347

Proposal for a regulation

Proposal for a regulation

Article 106 — paragraph 3 — subparagraph 1 — point a

Article 106 — paragraph 3 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | 70
  % for the less developed regions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

70
  % for the less developed regions;

70

| (a) | 85
  % for the less developed regions; |
| --- | --- |

(a)

85
  % for the less developed regions;

85

Amendment 348

Amendment 348

Proposal for a regulation

Proposal for a regulation

Article 106 — paragraph 3 — subparagraph 1 — point b

Article 106 — paragraph 3 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | 55
  % for the transition regions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

55
  % for the transition regions;

55

| (b) | 65
  % for the transition regions; |
| --- | --- |

(b)

65
  % for the transition regions;

65

Amendments 349 and 447

Amendments 349 and 447

Proposal for a regulation

Proposal for a regulation

Article 106 — paragraph 3 — subparagraph 1 — point c

Article 106 — paragraph 3 — subparagraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | 40
  % for the more developed regions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

40
  % for the more developed regions.

40

| (c) | 50
  % for the more developed regions. |
| --- | --- |

(c)

50
  % for the more developed regions.

50

Amendment 350

Amendment 350

Proposal for a regulation

Proposal for a regulation

Article 106 — paragraph 3 — subparagraph 2

Article 106 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The co-financing rates set out under point (a), shall also apply to outermost regions. | The co-financing rates set out under point (a), shall also apply to outermost regions
  and to the additional allocation for the outermost regions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The co-financing rates set out under point (a), shall also apply to outermost regions.

The co-financing rates set out under point (a), shall also apply to outermost regions
  and to the additional allocation for the outermost regions.

and to the additional allocation for the outermost regions.

Amendment 351

Amendment 351

Proposal for a regulation

Proposal for a regulation

Article 106 — paragraph 3 — subparagraph 3

Article 106 — paragraph 3 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The co-financing rate for the Cohesion Fund at the level of each priority shall not be higher than
  70
  %. | The co-financing rate for the Cohesion Fund at the level of each priority shall not be higher than
  85
  %. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The co-financing rate for the Cohesion Fund at the level of each priority shall not be higher than
  70
  %.

70

The co-financing rate for the Cohesion Fund at the level of each priority shall not be higher than
  85
  %.

85

Amendment 352

Amendment 352

Proposal for a regulation

Proposal for a regulation

Article 106 — paragraph 3 — subparagraph 4

Article 106 — paragraph 3 — subparagraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| The ESF+ Regulation may establish higher co-financing rates for priorities supporting innovative actions in accordance with Article [
  14
  ] of that Regulation. | The ESF+ Regulation may
  in duly justified cases
  establish higher co-financing rates
  of up to 90 %,
  for priorities supporting innovative actions in accordance with Article [
  13] and Article [4 (1) (x)] and [(xi)
  ] of that Regulation
  , as well as for programmes addressing material deprivation in accordance with Article [9], youth unemployment in accordance with Article [10], supporting the European Child Guarantee in accordance with Article [10a] and transnational cooperation in line with Article [11b]
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The ESF+ Regulation may establish higher co-financing rates for priorities supporting innovative actions in accordance with Article [
  14
  ] of that Regulation.

14

The ESF+ Regulation may
  in duly justified cases
  establish higher co-financing rates
  of up to 90 %,
  for priorities supporting innovative actions in accordance with Article [
  13] and Article [4 (1) (x)] and [(xi)
  ] of that Regulation
  , as well as for programmes addressing material deprivation in accordance with Article [9], youth unemployment in accordance with Article [10], supporting the European Child Guarantee in accordance with Article [10a] and transnational cooperation in line with Article [11b]
  .

in duly justified cases

of up to 90 %,

13] and Article [4 (1) (x)] and [(xi)

, as well as for programmes addressing material deprivation in accordance with Article [9], youth unemployment in accordance with Article [10], supporting the European Child Guarantee in accordance with Article [10a] and transnational cooperation in line with Article [11b]

Amendment 353

Amendment 353

Proposal for a regulation

Proposal for a regulation

Article 106 — paragraph 4 — subparagraph 1

Article 106 — paragraph 4 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The co-financing rate for Interreg programmes shall be no higher than
  70
  %. | The co-financing rate for Interreg programmes shall be no higher than
  85
  %. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The co-financing rate for Interreg programmes shall be no higher than
  70
  %.

70

The co-financing rate for Interreg programmes shall be no higher than
  85
  %.

85

Amendment 453

Amendment 453

Proposal for a regulation

Proposal for a regulation

Article 106 — paragraph 4 a (new)

Article 106 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  Member States may make in a duly justified case a request for further flexibility within the current framework of Stability and Growth Pact for the public or equivalent structural expenditure, supported by the public administration by way of co-financing of investments as part of the European Structural and Investment Funds. The Commission shall carefully assess the respective request when defining the fiscal adjustment under either the preventive or the corrective arm of the Stability and Growth Pact in a manner reflecting the strategic importance of investments. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  Member States may make in a duly justified case a request for further flexibility within the current framework of Stability and Growth Pact for the public or equivalent structural expenditure, supported by the public administration by way of co-financing of investments as part of the European Structural and Investment Funds. The Commission shall carefully assess the respective request when defining the fiscal adjustment under either the preventive or the corrective arm of the Stability and Growth Pact in a manner reflecting the strategic importance of investments.

Amendment 354

Amendment 354

Proposal for a regulation

Proposal for a regulation

Article 107 — paragraph 1

Article 107 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission is empowered to adopt delegated acts in accordance with Article 108 to amend the Annexes to this Regulation in order adapt to changes occuring during the programming period for non-essential elements of this Regulation, except for Annexes III, IV, X and XXII. | The Commission is empowered to adopt delegated acts in accordance with Article 108 to amend the Annexes to this Regulation in order adapt to changes occuring during the programming period for non-essential elements of this Regulation, except for Annexes III, IV, X and XXII.
  The Commission is empowered to adopt delegated acts in accordance with Article 108 in order to amend and adapt Delegated Regulation (EU) No 240/2014, referred to in Article 6(3), to this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 108 to amend the Annexes to this Regulation in order adapt to changes occuring during the programming period for non-essential elements of this Regulation, except for Annexes III, IV, X and XXII.

The Commission is empowered to adopt delegated acts in accordance with Article 108 to amend the Annexes to this Regulation in order adapt to changes occuring during the programming period for non-essential elements of this Regulation, except for Annexes III, IV, X and XXII.
  The Commission is empowered to adopt delegated acts in accordance with Article 108 in order to amend and adapt Delegated Regulation (EU) No 240/2014, referred to in Article 6(3), to this Regulation.

The Commission is empowered to adopt delegated acts in accordance with Article 108 in order to amend and adapt Delegated Regulation (EU) No 240/2014, referred to in Article 6(3), to this Regulation.

Amendment 355

Amendment 355

Proposal for a regulation

Proposal for a regulation

Article 108 — paragraph 2

Article 108 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The power to adopt delegated acts referred to in Article 63(10), Article 73(4), Article 88(4), Article 89(4) and Article 107 shall be conferred on the Commission
  for an indeterminate period of time
  from date of entry into force of this Regulation. | 2.   The power to adopt delegated acts referred to in
  Article 6(3),
  Article 63(10), Article 73(4), Article 88(4), Article 89(4) and Article 107 shall be conferred on the Commission from
  the
  date of entry into force of this Regulation
  until 31 December 2027
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The power to adopt delegated acts referred to in Article 63(10), Article 73(4), Article 88(4), Article 89(4) and Article 107 shall be conferred on the Commission
  for an indeterminate period of time
  from date of entry into force of this Regulation.

2.   The power to adopt delegated acts referred to in
  Article 6(3),
  Article 63(10), Article 73(4), Article 88(4), Article 89(4) and Article 107 shall be conferred on the Commission from
  the
  date of entry into force of this Regulation
  until 31 December 2027
  .

Amendment 356

Amendment 356

Proposal for a regulation

Proposal for a regulation

Article 108 — paragraph 3

Article 108 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The delegation of power referred to in Article 63(10), Article 73(4), Article 88(4)
  and
  and Article
  89(1)
  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. | 3.   The delegation of power referred to in Article
  6(3), Article
  63(10), Article 73(4), Article 88(4)
  , Article 89(4)
  and Article
  107
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The delegation of power referred to in Article 63(10), Article 73(4), Article 88(4)
  and
  and Article
  89(1)
  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.

3.   The delegation of power referred to in Article
  6(3), Article
  63(10), Article 73(4), Article 88(4)
  , Article 89(4)
  and Article
  107
  may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment 357

Amendment 357

Proposal for a regulation

Proposal for a regulation

Article 108 — paragraph 6

Article 108 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   A delegated act adopted pursuant to Article 63(10), Article 73(4), Article 88(4), Article 89(4) and 107 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. | 6.   A delegated act adopted pursuant to
  Article 6(3),
  Article 63(10), Article 73(4), Article 88(4), Article 89(4) and 107 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   A delegated act adopted pursuant to Article 63(10), Article 73(4), Article 88(4), Article 89(4) and 107 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.

6.   A delegated act adopted pursuant to
  Article 6(3),
  Article 63(10), Article 73(4), Article 88(4), Article 89(4) and 107 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.

Amendment 359

Amendment 359

Proposal for a regulation

Proposal for a regulation

Annex I — Table 1 — Policy objective 1 — row 001 — column 1

Annex I — Table 1 — Policy objective 1 — row 001 — column 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 001 | Investment in fixed assets in micro enterprises directly linked to research and innovation activities |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

001

Investment in fixed assets in micro enterprises directly linked to research and innovation activities

| 001 | Investment in fixed assets in micro enterprises directly linked to research and innovation activities
  or linked to competitiveness |
| --- | --- |

001

Investment in fixed assets in micro enterprises directly linked to research and innovation activities
  or linked to competitiveness

or linked to competitiveness

Amendment 360

Amendment 360

Proposal for a regulation

Proposal for a regulation

Annex I — Table 1 — Policy objective 1 — row 002 — column 1

Annex I — Table 1 — Policy objective 1 — row 002 — column 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 002 | Investment in fixed assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

002

Investment in fixed assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities

| 002 | Investment in fixed assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities
  or linked to competitiveness |
| --- | --- |

002

Investment in fixed assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities
  or linked to competitiveness

or linked to competitiveness

Amendment 361

Amendment 361

Proposal for a regulation

Proposal for a regulation

Annex I — Table 1 — Policy objective 1 — row 004 — column 1

Annex I — Table 1 — Policy objective 1 — row 004 — column 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 004 | Investment in intangible assets in micro enterprises directly linked to research and innovation activities |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

004

Investment in intangible assets in micro enterprises directly linked to research and innovation activities

| 004 | Investment in intangible assets in micro enterprises directly linked to research and innovation activities
  or linked to competitiveness |
| --- | --- |

004

Investment in intangible assets in micro enterprises directly linked to research and innovation activities
  or linked to competitiveness

or linked to competitiveness

Amendment 362

Amendment 362

Proposal for a regulation

Proposal for a regulation

Annex I — Table 1 — Policy objective 1 — row 005 — column 1

Annex I — Table 1 — Policy objective 1 — row 005 — column 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 005 | Investment in intangible assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

005

Investment in intangible assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities

| 005 | Investment in intangible assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities
  or linked to competitiveness |
| --- | --- |

005

Investment in intangible assets in small and medium-sized enterprises (including private research centres) directly linked to research and innovation activities
  or linked to competitiveness

or linked to competitiveness

Amendment 363

Amendment 363

Proposal for a regulation

Proposal for a regulation

Annex I — Table 1 — Policy objective 2 — row 035 — column 1

Annex I — Table 1 — Policy objective 2 — row 035 — column 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 035 | Adaption to climate change measures and prevention and management of climate related risks: floods (including awareness raising, civil protection and disaster management systems and infrastructures) |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

035

Adaption to climate change measures and prevention and management of climate related risks: floods (including awareness raising, civil protection and disaster management systems and infrastructures)

| 035 | Adaption to climate change measures and prevention and management of climate related risks: floods
  and landslides
  (including awareness raising, civil protection and disaster management systems and infrastructures) |
| --- | --- |

035

Adaption to climate change measures and prevention and management of climate related risks: floods
  and landslides
  (including awareness raising, civil protection and disaster management systems and infrastructures)

and landslides

Amendment 364

Amendment 364

Proposal for a regulation

Proposal for a regulation

Annex I — Table 1 — Policy objective 2 — row 043

Annex I — Table 1 — Policy objective 2 — row 043

Text proposed by the Commission

Text proposed by the Commission

| 043 | Household waste management: mechanical biological treatment, thermal treatment | 0 % | 100 % |
| --- | --- | --- | --- |

043

043

Household waste management: mechanical biological treatment, thermal treatment

Household waste management: mechanical biological treatment, thermal treatment

0 %

0 %

100 %

100 %

Amendment

Amendment

deleted

deleted

Amendment 365

Amendment 365

Proposal for a regulation

Proposal for a regulation

Annex I — Table 1 — Policy objective 3 — row 056 — column 1

Annex I — Table 1 — Policy objective 3 — row 056 — column 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 056 | Newly built motorways and roads — TEN-T core network |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

056

Newly built motorways and roads — TEN-T core network

| 056 | Newly built motorways
  , bridges
  and roads — TEN-T core network |
| --- | --- |

056

Newly built motorways
  , bridges
  and roads — TEN-T core network

, bridges

Amendment 366

Amendment 366

Proposal for a regulation

Proposal for a regulation

Annex I — Table 1 — Policy objective 3 — row 057 — column 1

Annex I — Table 1 — Policy objective 3 — row 057 — column 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 057 | Newly built motorways and roads — TEN-T comprehensive network |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

057

Newly built motorways and roads — TEN-T comprehensive network

| 057 | Newly built motorways
  , bridges
  and roads — TEN-T comprehensive network |
| --- | --- |

057

Newly built motorways
  , bridges
  and roads — TEN-T comprehensive network

, bridges

Amendment 367

Amendment 367

Proposal for a regulation

Proposal for a regulation

Annex I — Table 1 — Policy objective 3 — row 060 — column 1

Annex I — Table 1 — Policy objective 3 — row 060 — column 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 060 | Reconstructed or improved motorways and roads — TEN-T core network |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

060

Reconstructed or improved motorways and roads — TEN-T core network

| 060 | Reconstructed or improved motorways
  , bridges
  and roads — TEN-T core network |
| --- | --- |

060

Reconstructed or improved motorways
  , bridges
  and roads — TEN-T core network

, bridges

Amendment 368

Amendment 368

Proposal for a regulation

Proposal for a regulation

Annex I — Table 1 — Policy objective 3 — row 061 — column 1

Annex I — Table 1 — Policy objective 3 — row 061 — column 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 061 | Reconstructed or improved motorways and roads — TEN-T comprehensive network |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

061

Reconstructed or improved motorways and roads — TEN-T comprehensive network

| 061 | Reconstructed or improved motorways
  , bridges
  and roads — TEN-T comprehensive network |
| --- | --- |

061

Reconstructed or improved motorways
  , bridges
  and roads — TEN-T comprehensive network

, bridges

Amendment 369

Amendment 369

Proposal for a regulation

Proposal for a regulation

Annex I — Table 1 — Policy objective 5 — row 128 — column 1

Annex I — Table 1 — Policy objective 5 — row 128 — column 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 128 | Protection, development and promotion of public tourism assets and
  related
  tourism services |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

128

Protection, development and promotion of public tourism assets and
  related
  tourism services

related

| 128 | Protection, development and promotion of public tourism assets and tourism services |
| --- | --- |

128

Protection, development and promotion of public tourism assets and tourism services

Amendment 370

Amendment 370

Proposal for a regulation

Proposal for a regulation

Annex I — Table 1 — Policy objective 5 — row 130 — column 1

Annex I — Table 1 — Policy objective 5 — row 130 — column 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 130 | Protection, development and promotion of natural heritage and eco-tourism |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

130

Protection, development and promotion of natural heritage and eco-tourism

| 130 | Protection, development and promotion of natural heritage and eco-tourism
  other than Natura 2000 sites |
| --- | --- |

130

Protection, development and promotion of natural heritage and eco-tourism
  other than Natura 2000 sites

other than Natura 2000 sites

Amendment 371

Amendment 371

Proposal for a regulation

Proposal for a regulation

Annex I — Table 3 — row 12 — column Integrated territorial investment (ITI)

Annex I — Table 3 — row 12 — column Integrated territorial investment (ITI)

| Text proposed by the Commission | Amendment |
| --- | --- |
| Cities, towns
  and
  suburbs | Cities, towns, suburbs
  and connected rural areas |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Cities, towns
  and
  suburbs

and

Cities, towns, suburbs
  and connected rural areas

and connected rural areas

Amendment 372

Amendment 372

Proposal for a regulation

Proposal for a regulation

Annex I — Table 3 — row 16 — column Integrated territorial investment (ITI)

Annex I — Table 3 — row 16 — column Integrated territorial investment (ITI)

| Text proposed by the Commission | Amendment |
| --- | --- |
| Sparsely populated areas | Rural and
  sparsely populated areas |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Sparsely populated areas

Rural and
  sparsely populated areas

Rural and

Amendment 373

Amendment 373

Proposal for a regulation

Proposal for a regulation

Annex I — Table 3 — row 22 — column Community led local development (CLLD)

Annex I — Table 3 — row 22 — column Community led local development (CLLD)

| Text proposed by the Commission | Amendment |
| --- | --- |
| Cities, towns
  and
  suburbs | Cities, towns, suburbs
  and connected rural areas |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Cities, towns
  and
  suburbs

and

Cities, towns, suburbs
  and connected rural areas

and connected rural areas

Amendment 374

Amendment 374

Proposal for a regulation

Proposal for a regulation

Annex I — Table 3 — row 26 — column Community led local development (CLLD)

Annex I — Table 3 — row 26 — column Community led local development (CLLD)

| Text proposed by the Commission | Amendment |
| --- | --- |
| Sparsely populated areas | Rural and
  sparsely populated areas |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Sparsely populated areas

Rural and
  sparsely populated areas

Rural and

Amendment 375

Amendment 375

Proposal for a regulation

Proposal for a regulation

Annex I — Table 3 — row 32 — column — Other type of territorial tool under Policy Objective 5

Annex I — Table 3 — row 32 — column — Other type of territorial tool under Policy Objective 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| Cities, towns
  and
  suburbs | Cities, towns, suburbs
  and connected rural areas |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Cities, towns
  and
  suburbs

and

Cities, towns, suburbs
  and connected rural areas

and connected rural areas

Amendment 376

Amendment 376

Proposal for a regulation

Proposal for a regulation

Annex I — Table 3 — row 36 — column — Other type of territorial tool under Policy Objective 5

Annex I — Table 3 — row 36 — column — Other type of territorial tool under Policy Objective 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| Sparsely populated areas | Rural and
  sparsely populated areas |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Sparsely populated areas

Rural and
  sparsely populated areas

Rural and

Amendment 377

Amendment 377

Proposal for a regulation

Proposal for a regulation

Annex I — Table 4 — row 17

Annex I — Table 4 — row 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| 17 | Accommodation and food service activities |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

17

Accommodation and food service activities

| 17 | Tourism,
  accommodation and food service activities |
| --- | --- |

17

Tourism,
  accommodation and food service activities

Tourism,

Amendment 378

Amendment 378

Proposal for a regulation

Proposal for a regulation

Annex III — Table Horizontal enabling conditions — row 6 — column 2

Annex III — Table Horizontal enabling conditions — row 6 — column 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| A national framework for implementing the UNCRPD is in place that includes: | A national framework for implementing the UNCRPD is in place that includes: |
| 1. | Objectives with measurable goals, data collection and monitoring mechanism. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A national framework for implementing the UNCRPD is in place that includes:

A national framework for implementing the UNCRPD is in place that includes:

1.

Objectives with measurable goals, data collection and monitoring mechanism.

| 1. | Objectives with measurable goals, data collection and monitoring mechanism
  , applicable across all policy objectives
  . |
| --- | --- |

1.

Objectives with measurable goals, data collection and monitoring mechanism
  , applicable across all policy objectives
  .

, applicable across all policy objectives

| 2. | Arrangements to ensure that the accessibility policy, legislation and standards are properly reflected in the preparation and implementation of the programmes. |
| --- | --- |

2.

Arrangements to ensure that the accessibility policy, legislation and standards are properly reflected in the preparation and implementation of the programmes.

| 2. | Arrangements to ensure that the accessibility policy, legislation and standards are properly reflected in the preparation and implementation of the programmes
  in line with the provisions of the UNCRPD and included in the project selection criteria and obligations
  . |
| --- | --- |

2.

Arrangements to ensure that the accessibility policy, legislation and standards are properly reflected in the preparation and implementation of the programmes
  in line with the provisions of the UNCRPD and included in the project selection criteria and obligations
  .

in line with the provisions of the UNCRPD and included in the project selection criteria and obligations

| 2a. | Reporting arrangements to the monitoring committee on the compliance of the operations supported. |
| --- | --- |

2a.

2a.

Reporting arrangements to the monitoring committee on the compliance of the operations supported.

Amendment 379

Amendment 379

Proposal for a regulation

Proposal for a regulation

Annex III — Table Horizontal enabling conditions — row 6 a (new)

Annex III — Table Horizontal enabling conditions — row 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| Implementation of the principles and rights of the European Pillar of Social Rights that contribute to real convergence and cohesion in the European Union. | Arrangements at national level to ensure the proper implementation of the principles of the European Pillar of Social Rights that contribute to upward social convergence and cohesion in the EU, especially the principles preventing unfair competition within the internal market. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Implementation of the principles and rights of the European Pillar of Social Rights that contribute to real convergence and cohesion in the European Union.

Implementation of the principles and rights of the European Pillar of Social Rights that contribute to real convergence and cohesion in the European Union.

Arrangements at national level to ensure the proper implementation of the principles of the European Pillar of Social Rights that contribute to upward social convergence and cohesion in the EU, especially the principles preventing unfair competition within the internal market.

Arrangements at national level to ensure the proper implementation of the principles of the European Pillar of Social Rights that contribute to upward social convergence and cohesion in the EU, especially the principles preventing unfair competition within the internal market.

Amendment 380

Amendment 380

Proposal for a regulation

Proposal for a regulation

Annex III — Table Horizontal enabling conditions — row 6 b (new)

Annex III — Table Horizontal enabling conditions — row 6 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| Effective application of the partnership principle | A framework is in place for all partners to play a fully-fledged role in the preparation, implementation, monitoring and evaluation of programmes, which includes |
| | 1. | Arrangements to ensure transparent procedures for the involvement of partners |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Effective application of the partnership principle

Effective application of the partnership principle

A framework is in place for all partners to play a fully-fledged role in the preparation, implementation, monitoring and evaluation of programmes, which includes

A framework is in place for all partners to play a fully-fledged role in the preparation, implementation, monitoring and evaluation of programmes, which includes

1.

Arrangements to ensure transparent procedures for the involvement of partners

| 2. | Arrangement for dissemination and disclosure of information relevant for partners to prepare and follow-up meetings |
| --- | --- |

2.

Arrangement for dissemination and disclosure of information relevant for partners to prepare and follow-up meetings

| 3. | Support for empowering partners and capacity building |
| --- | --- |

3.

Support for empowering partners and capacity building

Amendment 381

Amendment 381

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 2 — row 2 — column 4

Annex IV — Policy objective 2 — row 2 — column 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| National Energy and Climate Plan are adopted and include: | National Energy and Climate Plan
  comply with the Paris Agreement objective of limiting global warming to 1,5  oC,
  are adopted and include: |
| 1. | All elements required by the template in Annex I of the Regulation on Governance of the Energy Union |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

National Energy and Climate Plan are adopted and include:

National Energy and Climate Plan
  comply with the Paris Agreement objective of limiting global warming to 1,5  oC,
  are adopted and include:

comply with the Paris Agreement objective of limiting global warming to 1,5  o

1.

All elements required by the template in Annex I of the Regulation on Governance of the Energy Union

| 1. | All elements required by the template in Annex I of the Regulation on Governance of the Energy Union |
| --- | --- |

1.

All elements required by the template in Annex I of the Regulation on Governance of the Energy Union

| 2. | An
  indicative
  outline of envisaged financing resources and mechanisms for measures promoting low-carbon energy |
| --- | --- |

2.

An
  indicative
  outline of envisaged financing resources and mechanisms for measures promoting low-carbon energy

indicative

| 2. | An outline of envisaged financing resources and mechanisms for measures promoting low-carbon energy |
| --- | --- |

2.

An outline of envisaged financing resources and mechanisms for measures promoting low-carbon energy

Amendment 382

Amendment 382

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 2 — row 4 — column 2

Annex IV — Policy objective 2 — row 4 — column 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| ERDF and Cohesion Fund: | ERDF and Cohesion Fund: |
| 2.4 | Promoting climate change adaptation, risk prevention and disaster resilience |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

ERDF and Cohesion Fund:

ERDF and Cohesion Fund:

2.4

Promoting climate change adaptation, risk prevention and disaster resilience

| 2.4 | Promoting climate
  and structural
  change adaptation, risk prevention and disaster resilience |
| --- | --- |

2.4

Promoting climate
  and structural
  change adaptation, risk prevention and disaster resilience

and structural

Amendment 383

Amendment 383

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 2 — row 7 — column 4

Annex IV — Policy objective 2 — row 7 — column 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| A priority action framework pursuant to Article 8 of Directive 92/43/EEC is in place and includes | A priority action framework pursuant to Article 8 of Directive 92/43/EEC is in place and includes |
| 1. | All elements required by the template for the priority action framework for 2021-2027 agreed by the Commission and the Member States |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A priority action framework pursuant to Article 8 of Directive 92/43/EEC is in place and includes

A priority action framework pursuant to Article 8 of Directive 92/43/EEC is in place and includes

1.

All elements required by the template for the priority action framework for 2021-2027 agreed by the Commission and the Member States

| 1. | All elements required by the template for the priority action framework for 2021-2027 agreed by the Commission and the Member States
  including
  the priority measures and an estimate of financing needs |
| --- | --- |

1.

All elements required by the template for the priority action framework for 2021-2027 agreed by the Commission and the Member States
  including
  the priority measures and an estimate of financing needs

including

| 2. | The identification of
  the priority measures and an estimate of financing needs |
| --- | --- |

2.

2.

The identification of
  the priority measures and an estimate of financing needs

The identification of

Amendment 384

Amendment 384

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 3 — point 3.2 — column 2

Annex IV — Policy objective 3 — point 3.2 — column 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.2 | Developing a sustainable, climate resilient, intelligent,
  secure
  and intermodal TEN-T |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.2

Developing a sustainable, climate resilient, intelligent,
  secure
  and intermodal TEN-T

secure

| 3.2 | Developing a sustainable, climate resilient, intelligent,
  safe
  and intermodal TEN-T |
| --- | --- |

3.2

Developing a sustainable, climate resilient, intelligent,
  safe
  and intermodal TEN-T

safe

Amendment 385

Amendment 385

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 3 — point 3.2 — column 4 — point - 1 a (new)

Annex IV — Policy objective 3 — point 3.2 — column 4 — point - 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | -1a. | Requires social, economic and territorial cohesion to be ensured, and, to a greater extent, missing links to be completed and bottlenecks to be removed on the TEN-T network, which also means investment in hard infrastructure |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

-1a.

-1a.

Requires social, economic and territorial cohesion to be ensured, and, to a greater extent, missing links to be completed and bottlenecks to be removed on the TEN-T network, which also means investment in hard infrastructure

Amendment 386

Amendment 386

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 3 — point 3.2 — column 4 — point 1

Annex IV — Policy objective 3 — point 3.2 — column 4 — point 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1. | Includes economic justification of the planned investments, underpinned by robust demand analysis and traffic modelling, which should take into account the anticipated impact of
  rail liberalisation |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.

Includes economic justification of the planned investments, underpinned by robust demand analysis and traffic modelling, which should take into account the anticipated impact of
  rail liberalisation

rail liberalisation

| 1. | Includes economic justification of the planned investments, underpinned by robust demand analysis and traffic modelling, which should take into account the anticipated impact of
  the opening of the rail services markets |
| --- | --- |

1.

Includes economic justification of the planned investments, underpinned by robust demand analysis and traffic modelling, which should take into account the anticipated impact of
  the opening of the rail services markets

the opening of the rail services markets

Amendment 387

Amendment 387

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 3 — row 2 — column 4 — point 2

Annex IV — Policy objective 3 — row 2 — column 4 — point 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2. | Reflects air quality plans, taking into account in particular
  national decarbonisation plans |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.

Reflects air quality plans, taking into account in particular
  national decarbonisation plans

national decarbonisation plans

| 2. | Reflects air quality plans, taking into account in particular
  national emission reduction strategies for the transport sector |
| --- | --- |

2.

Reflects air quality plans, taking into account in particular
  national emission reduction strategies for the transport sector

national emission reduction strategies for the transport sector

Amendment 388

Amendment 388

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 3 — row 2 — column 4 — point 3

Annex IV — Policy objective 3 — row 2 — column 4 — point 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3. | Includes investments in core TEN-T network corridors, as defined by Regulation (EU) No 1316/2013, in line with the respective TEN-T work plans |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.

Includes investments in core TEN-T network corridors, as defined by Regulation (EU) No 1316/2013, in line with the respective TEN-T work plans

| 3. | Includes investments in core TEN-T network corridors, as defined by Regulation (EU) No 1316/2013, in line with the respective TEN-T work plans
  as well as pre-identified sections on the comprehensive network |
| --- | --- |

3.

Includes investments in core TEN-T network corridors, as defined by Regulation (EU) No 1316/2013, in line with the respective TEN-T work plans
  as well as pre-identified sections on the comprehensive network

as well as pre-identified sections on the comprehensive network

Amendment 389

Amendment 389

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 3 — row 2 — column 4 — point 4

Annex IV — Policy objective 3 — row 2 — column 4 — point 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4. | For investments outside the core TEN-T, ensures complementarity by providing sufficient connectivity of the regions and local communities to the core TEN-T and its nodes |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.

For investments outside the core TEN-T, ensures complementarity by providing sufficient connectivity of the regions and local communities to the core TEN-T and its nodes

| 4. | For investments outside the core TEN-T, ensures complementarity by providing sufficient connectivity of the
  urban networks
  , regions and local communities to the core TEN-T and its nodes |
| --- | --- |

4.

For investments outside the core TEN-T, ensures complementarity by providing sufficient connectivity of the
  urban networks
  , regions and local communities to the core TEN-T and its nodes

urban networks

Amendment 390

Amendment 390

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 3 — row 2 — column 4 — point 9 a (new)

Annex IV — Policy objective 3 — row 2 — column 4 — point 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 9a. | Promotes sustainable regional and cross-border tourism initiatives that lead to win-win situations for both the tourists and the inhabitants, such as interconnecting the EuroVelo network with the TRAN European Railway network |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

9a.

9a.

Promotes sustainable regional and cross-border tourism initiatives that lead to win-win situations for both the tourists and the inhabitants, such as interconnecting the EuroVelo network with the TRAN European Railway network

Amendment 391

Amendment 391

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 4 — row 1 — column 2 — point ESF

Annex IV — Policy objective 4 — row 1 — column 2 — point ESF

| Text proposed by the Commission | Amendment |
| --- | --- |
| ESF: | ESF: |
| 4.1.1 | Improving access to employment of all jobseekers,
  including
  youth, and of inactive people and promoting self-employment, and the social economy; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

ESF:

ESF:

4.1.1

Improving access to employment of all jobseekers,
  including
  youth, and of inactive people and promoting self-employment, and the social economy;

including

| 4.1.1 | Improving access to employment of all jobseekers,
  in particular
  youth
  and long-term unemployed
  , and of inactive people and promoting self-employment, and the social economy; |
| --- | --- |

4.1.1

Improving access to employment of all jobseekers,
  in particular
  youth
  and long-term unemployed
  , and of inactive people and promoting self-employment, and the social economy;

in particular

and long-term unemployed

| 4.1.2 | Modernising labour market institutions and services to ensure timely and tailor-made assistance and support to labour market matching, transitions and mobility; |
| --- | --- |

4.1.2

Modernising labour market institutions and services to ensure timely and tailor-made assistance and support to labour market matching, transitions and mobility;

| 4.1.2 | Modernising labour market institutions and services to
  assess and anticipate skills needs and
  ensure timely and tailor-made assistance and support to labour market matching, transitions and mobility; |
| --- | --- |

4.1.2

Modernising labour market institutions and services to
  assess and anticipate skills needs and
  ensure timely and tailor-made assistance and support to labour market matching, transitions and mobility;

assess and anticipate skills needs and

Amendment 392

Amendment 392

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 4 — row 2 — column 2 — point ESF

Annex IV — Policy objective 4 — row 2 — column 2 — point ESF

| Text proposed by the Commission | Amendment |
| --- | --- |
| ESF | ESF |
| 4.1.3 | Promoting a better work/life balance including access to childcare, a healthy and well–adapted working environment addressing health risks, adaptation of workers to change and healthy and active ageing; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

ESF

ESF

4.1.3

Promoting a better work/life balance including access to childcare, a healthy and well–adapted working environment addressing health risks, adaptation of workers to change and healthy and active ageing;

| 4.1.3 | Promoting
  women’s labour market participation
  a better work/life balance including access to childcare, a healthy and well–adapted working environment addressing health risks, adaptation of workers
  , enterprises and entrepreneurs
  to change and healthy and active ageing; |
| --- | --- |

4.1.3

Promoting
  women’s labour market participation
  a better work/life balance including access to childcare, a healthy and well–adapted working environment addressing health risks, adaptation of workers
  , enterprises and entrepreneurs
  to change and healthy and active ageing;

women’s labour market participation

, enterprises and entrepreneurs

Amendment 393

Amendment 393

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 4 — row 2 — column 4 — point 2

Annex IV — Policy objective 4 — row 2 — column 4 — point 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2. | Measures to address gender gaps in employment, pay and pensions, and promote work-life balance, including through improving access to early childhood education and care, with targets |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.

Measures to address gender gaps in employment, pay and pensions, and promote work-life balance, including through improving access to early childhood education and care, with targets

| 2. | Measures to address gender gaps in employment, pay
  , social security
  and pensions, and promote work-life balance, including through improving access to early childhood education and care, with targets |
| --- | --- |

2.

Measures to address gender gaps in employment, pay
  , social security
  and pensions, and promote work-life balance, including through improving access to early childhood education and care, with targets

, social security

Amendment 394

Amendment 394

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 4 — row 3 — column 2 — point ESF

Annex IV — Policy objective 4 — row 3 — column 2 — point ESF

| Text proposed by the Commission | Amendment |
| --- | --- |
| ESF: | ESF: |
| 4.2.1 | Improving the quality, effectiveness and labour market relevance of education and training systems; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

ESF:

ESF:

4.2.1

Improving the quality, effectiveness and labour market relevance of education and training systems;

| 4.2.1 | Improving the quality,
  inclusiveness and
  effectiveness and labour market relevance of education and training systems
  to support acquisition of key competences including digital skills and to facilitate the transition between education and work
  ; |
| --- | --- |

4.2.1

Improving the quality,
  inclusiveness and
  effectiveness and labour market relevance of education and training systems
  to support acquisition of key competences including digital skills and to facilitate the transition between education and work
  ;

inclusiveness and

to support acquisition of key competences including digital skills and to facilitate the transition between education and work

| 4.2.2 | Promoting flexible upskilling and reskilling opportunities for all,
  including by
  facilitating career transitions and promoting professional mobility |
| --- | --- |

4.2.2

Promoting flexible upskilling and reskilling opportunities for all,
  including by
  facilitating career transitions and promoting professional mobility

including by

| 4.2.2 | Promoting
  lifelong learning, notably
  flexible upskilling and reskilling opportunities for all
  as well as informal and non-formal learning
  , including by facilitating career transitions and promoting professional mobility |
| --- | --- |

4.2.2

Promoting
  lifelong learning, notably
  flexible upskilling and reskilling opportunities for all
  as well as informal and non-formal learning
  , including by facilitating career transitions and promoting professional mobility

lifelong learning, notably

as well as informal and non-formal learning

| 4.2.3 | Promoting equal access, in particular for disadvantaged groups,
  to quality and inclusive education and training
  , from early childhood education and care through general and vocational education and training and to tertiary level; |
| --- | --- |

4.2.3

Promoting equal access, in particular for disadvantaged groups,
  to quality and inclusive education and training
  , from early childhood education and care through general and vocational education and training and to tertiary level;

to quality and inclusive education and training

| 4.2.3 | Promoting equal access
  to and completion of, quality and inclusive education and training
  , in particular for disadvantaged groups, to quality and inclusive education and training, from early childhood education and care through general and vocational education and training and to tertiary level
  , as well as adult education and learning, including facilitating learning mobility for all
  ; |
| --- | --- |

4.2.3

Promoting equal access
  to and completion of, quality and inclusive education and training
  , in particular for disadvantaged groups, to quality and inclusive education and training, from early childhood education and care through general and vocational education and training and to tertiary level
  , as well as adult education and learning, including facilitating learning mobility for all
  ;

to and completion of, quality and inclusive education and training

, as well as adult education and learning, including facilitating learning mobility for all

Amendment 395

Amendment 395

Proposal for a regulation

Proposal for a regulation

Annex IV — row 4.2 — column 4: Fulfilment criteria for the enabling condition — point 1

Annex IV — row 4.2 — column 4: Fulfilment criteria for the enabling condition — point 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1. | Evidence-based systems for skills anticipation and forecasting as well as graduate tracking mechanisms and services for quality and effective guidance for learners of all ages |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.

Evidence-based systems for skills anticipation and forecasting as well as graduate tracking mechanisms and services for quality and effective guidance for learners of all ages

| 1. | Evidence-based systems for skills anticipation and forecasting as well as
  follow-up
  tracking mechanisms and services for quality and effective guidance for learners of all ages
  including learner-centred approaches |
| --- | --- |

1.

Evidence-based systems for skills anticipation and forecasting as well as
  follow-up
  tracking mechanisms and services for quality and effective guidance for learners of all ages
  including learner-centred approaches

follow-up

including learner-centred approaches

Amendment 396

Amendment 396

Proposal for a regulation

Proposal for a regulation

Annex IV — row 4.2 — column 4: Fulfilment criteria for the enabling condition — point 2

Annex IV — row 4.2 — column 4: Fulfilment criteria for the enabling condition — point 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2. | Measures to ensure equal access to, participation in and completion of quality, relevant and inclusive education and training and acquisition of key competences at all levels, including
  higher
  education |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.

Measures to ensure equal access to, participation in and completion of quality, relevant and inclusive education and training and acquisition of key competences at all levels, including
  higher
  education

higher

| 2. | Measures to ensure equal access to, participation in and completion of quality,
  affordable,
  relevant,
  non-segregated
  and inclusive education and training and acquisition of key competences at all levels, including
  tertiary
  education |
| --- | --- |

2.

Measures to ensure equal access to, participation in and completion of quality,
  affordable,
  relevant,
  non-segregated
  and inclusive education and training and acquisition of key competences at all levels, including
  tertiary
  education

affordable,

non-segregated

tertiary

Amendment 397

Amendment 397

Proposal for a regulation

Proposal for a regulation

Annex IV — row 4.2 — column 4: Fulfilment criteria for the enabling condition — point 3

Annex IV — row 4.2 — column 4: Fulfilment criteria for the enabling condition — point 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3. | Coordination mechanism across all levels of education and training, including tertiary education, and clear assignment of responsibilities between the relevant national and/or regional bodies |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.

Coordination mechanism across all levels of education and training, including tertiary education, and clear assignment of responsibilities between the relevant national and/or regional bodies

| 3. | Coordination mechanism across all levels of education and training, including tertiary education
  and non-formal and informal learning providers
  , and clear assignment of responsibilities between the relevant national and/or regional bodies |
| --- | --- |

3.

Coordination mechanism across all levels of education and training, including tertiary education
  and non-formal and informal learning providers
  , and clear assignment of responsibilities between the relevant national and/or regional bodies

and non-formal and informal learning providers

Amendment 398

Amendment 398

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 4 — row 4 — column 2 — point 4.3

Annex IV — Policy objective 4 — row 4 — column 2 — point 4.3

| Text proposed by the Commission | Amendment |
| --- | --- |
| ERDF: | ERDF: |
| 4.3 | increasing the socio-economic integration of marginalised communities, migrants and disadvantaged groups, through integrated measures including housing and social services |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

ERDF:

ERDF:

4.3

increasing the socio-economic integration of marginalised communities, migrants and disadvantaged groups, through integrated measures including housing and social services

| 4.3 | increasing the socio-economic integration of marginalised communities,
  refugees and
  migrants
  under international protection
  and disadvantaged groups, through integrated measures including housing and social services |
| --- | --- |

4.3

increasing the socio-economic integration of marginalised communities,
  refugees and
  migrants
  under international protection
  and disadvantaged groups, through integrated measures including housing and social services

refugees and

under international protection

Amendment 399

Amendment 399

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 4 — row 4 — column 2 — point 4.3.1

Annex IV — Policy objective 4 — row 4 — column 2 — point 4.3.1

| Text proposed by the Commission | Amendment |
| --- | --- |
| ESF: | ESF: |
| 4.3.1 | Promoting
  active inclusion
  including
  with a view to promoting equal opportunities and active participation, and improving employability; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

ESF:

ESF:

4.3.1

Promoting
  active inclusion
  including
  with a view to promoting equal opportunities and active participation, and improving employability;

Promoting

including

| 4.3.1 | fostering
  active inclusion including with a view to promoting equal opportunities and active participation, and improving employability; |
| --- | --- |

4.3.1

fostering
  active inclusion including with a view to promoting equal opportunities and active participation, and improving employability;

fostering

Amendment 400

Amendment 400

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 4 — row 4 — column 2 — point 4.3.1 a (new)

Annex IV — Policy objective 4 — row 4 — column 2 — point 4.3.1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4.3.1a. | Promoting social integration of people at risk of poverty or social exclusion, including the most deprived and children |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.3.1a.

4.3.1a.

Promoting social integration of people at risk of poverty or social exclusion, including the most deprived and children

Amendment 401

Amendment 401

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 4 — row 4 — column 4

Annex IV — Policy objective 4 — row 4 — column 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| A national strategic policy framework for social inclusion and poverty reduction is in place that includes: | A national strategic policy framework
  and action plan
  for social inclusion and poverty reduction is in place that includes: |
| 1. | Evidence-based diagnosis of poverty and social exclusion including child poverty, homelessness, spatial and educational segregation, limited access to essential services and infrastructure, and the specific needs of vulnerable people |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A national strategic policy framework for social inclusion and poverty reduction is in place that includes:

A national strategic policy framework
  and action plan
  for social inclusion and poverty reduction is in place that includes:

and action plan

1.

Evidence-based diagnosis of poverty and social exclusion including child poverty, homelessness, spatial and educational segregation, limited access to essential services and infrastructure, and the specific needs of vulnerable people

| 1. | Evidence-based diagnosis of poverty and social exclusion including child poverty, homelessness, spatial and educational segregation, limited access to essential services and infrastructure, and the specific needs of vulnerable people |
| --- | --- |

1.

Evidence-based diagnosis of poverty and social exclusion including child poverty, homelessness, spatial and educational segregation, limited access to essential services and infrastructure, and the specific needs of vulnerable people

| 2. | Measures to prevent and combat segregation in all fields, including through providing adequate income support, inclusive labour markets and access to quality services for vulnerable people, including migrants |
| --- | --- |

2.

Measures to prevent and combat segregation in all fields, including through providing adequate income support, inclusive labour markets and access to quality services for vulnerable people, including migrants

| 2. | Measures to prevent and combat segregation in all fields, including through providing adequate income support,
  social protection,
  inclusive labour markets and access to quality services for vulnerable people, including migrants
  and refugees |
| --- | --- |

2.

Measures to prevent and combat segregation in all fields, including through providing adequate income support,
  social protection,
  inclusive labour markets and access to quality services for vulnerable people, including migrants
  and refugees

social protection,

and refugees

| 3. | Measures for the
  shift
  from institutional to community-based care |
| --- | --- |

3.

Measures for the
  shift
  from institutional to community-based care

shift

| 3. | Measures for the
  transition
  from institutional to
  family- and
  community-based care
  based on a national deinstitutionalisation strategy and an action plan |
| --- | --- |

3.

Measures for the
  transition
  from institutional to
  family- and
  community-based care
  based on a national deinstitutionalisation strategy and an action plan

transition

family- and

based on a national deinstitutionalisation strategy and an action plan

| 4. | Arrangements for ensuring that its design, implementation, monitoring and review is conducted in close cooperation with social partners and relevant civil society organisations |
| --- | --- |

4.

Arrangements for ensuring that its design, implementation, monitoring and review is conducted in close cooperation with social partners and relevant civil society organisations

| 4. | Arrangements for ensuring that its design, implementation, monitoring and review is conducted in close cooperation with social partners and relevant civil society organisations |
| --- | --- |

4.

Arrangements for ensuring that its design, implementation, monitoring and review is conducted in close cooperation with social partners and relevant civil society organisations

Amendment 402

Amendment 402

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 4 — row 5 — column 2

Annex IV — Policy objective 4 — row 5 — column 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| ESF: | ESF: |
| 4.3.2 | Promoting socio-economic integration of marginalised communities such as the Roma; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

ESF:

ESF:

4.3.2

Promoting socio-economic integration of marginalised communities such as the Roma;

| 4.3.2 | Promoting socio-economic integration
  of third country nationals and
  of marginalised communities such as the Roma; |
| --- | --- |

4.3.2

Promoting socio-economic integration
  of third country nationals and
  of marginalised communities such as the Roma;

of third country nationals and

Amendment 403

Amendment 403

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 4 — row 6 — column 2

Annex IV — Policy objective 4 — row 6 — column 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| ESF: | ESF: |
| 4.3.4 | Enhancing the equal and timely access to quality, sustainable and affordable services; improving accessibility, effectiveness and resilience of healthcare systems; improving access to long-term care services |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

ESF:

ESF:

4.3.4

Enhancing the equal and timely access to quality, sustainable and affordable services; improving accessibility, effectiveness and resilience of healthcare systems; improving access to long-term care services

| 4.3.4 | Enhancing the equal and timely access to quality, sustainable and affordable services;
  modernising social protection systems, including promoting access to social protection;
  improving accessibility, effectiveness and resilience of healthcare systems; improving access to long-term care services |
| --- | --- |

4.3.4

Enhancing the equal and timely access to quality, sustainable and affordable services;
  modernising social protection systems, including promoting access to social protection;
  improving accessibility, effectiveness and resilience of healthcare systems; improving access to long-term care services

modernising social protection systems, including promoting access to social protection;

Amendment 404

Amendment 404

Proposal for a regulation

Proposal for a regulation

Annex IV — Policy objective 4 — row 6 — column 4 — points 2, 3 and 3 a (new)

Annex IV — Policy objective 4 — row 6 — column 4 — points 2, 3 and 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| A national or regional strategic policy framework for health is in place that contains: | A national or regional strategic policy framework for health is in place that contains: |
| 1. | Mapping of health and long-term care needs, including in terms of medical staff, to ensure sustainable and coordinated measures |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A national or regional strategic policy framework for health is in place that contains:

A national or regional strategic policy framework for health is in place that contains:

1.

Mapping of health and long-term care needs, including in terms of medical staff, to ensure sustainable and coordinated measures

| 1. | Mapping of health and long-term care needs, including in terms of medical staff, to ensure sustainable and coordinated measures |
| --- | --- |

1.

Mapping of health and long-term care needs, including in terms of medical staff, to ensure sustainable and coordinated measures

| 2. | Measures to ensure the efficiency, sustainability, accessibility and affordability
  to
  health and long-term care services, including specific focus on individuals excluded from the health and long-term care systems |
| --- | --- |

2.

Measures to ensure the efficiency, sustainability, accessibility and affordability
  to
  health and long-term care services, including specific focus on individuals excluded from the health and long-term care systems

to

| 2. | Measures to ensure the efficiency, sustainability, accessibility and affordability
  of
  health and long-term care services, including specific focus on individuals excluded from the health and long-term care systems
  and those who are hardest to reach |
| --- | --- |

2.

Measures to ensure the efficiency, sustainability, accessibility and affordability
  of
  health and long-term care services, including specific focus on individuals excluded from the health and long-term care systems
  and those who are hardest to reach

of

and those who are hardest to reach

| 3. | Measures to promote community based services, including prevention and primary care, home-care and community-based services |
| --- | --- |

3.

Measures to promote community based services, including prevention and primary care, home-care and community-based services

| 3. | Measures to promote community based services, including prevention and primary care, home-care and community-based services
  , and the transition from institutional to family and community based care |
| --- | --- |

3.

Measures to promote community based services, including prevention and primary care, home-care and community-based services
  , and the transition from institutional to family and community based care

, and the transition from institutional to family and community based care

| 3a. | Measures to ensure the efficiency, sustainability, accessibility and affordability of social protection systems |
| --- | --- |

3a.

3a.

Measures to ensure the efficiency, sustainability, accessibility and affordability of social protection systems

Amendment 405

Amendment 405

Proposal for a regulation

Proposal for a regulation

Annex V — point 2 — Table 1T — Programme structure

Annex V — point 2 — Table 1T — Programme structure

Text proposed by the Commission

Text proposed by the Commission

| ID | Title [300] | TA | Basis for calculation | Fund | Category of region supported | Specific Objective selected |
| --- | --- | --- | --- | --- | --- | --- |
| 1 | Priority 1 | No | | ERDF | More | SO 1 |
| Transition |
| Less developed | SO 2 |
| Outermost and sparsely populated |
| More | SO 3 |
| 2 | Priority 2 | No | | ESF+ | More | SO 4 |
| Transition |
| Less developed | SO 5 |
| Outermost |
| 3 | Priority 3 | No | | CF | N/A | |
| 3 | Priority technical assistance | Yes | | | | NA |
| .. | Dedicated priority youth employment) | No | | ESF+ | | |
| .. | Dedicated priority CSRs | No | | ESF+ | | |
| .. | Dedicated priority Innovative actions | No | | ESF+ | | SO 8 |
| | Dedicated priority Material deprivation | No | | ESF+ | | SO 9 |

ID

Title [300]

TA

Basis for calculation

Fund

Category of region supported

Specific Objective selected

1

Priority 1

No

ERDF

More

SO 1

Transition

Less developed

SO 2

Outermost and sparsely populated

More

SO 3

2

Priority 2

No

ESF+

More

SO 4

Transition

Less developed

SO 5

Outermost

3

Priority 3

No

CF

N/A

3

Priority technical assistance

Yes

NA

..

Dedicated priority youth employment)

No

ESF+

..

Dedicated priority CSRs

No

ESF+

..

Dedicated priority Innovative actions

No

ESF+

SO 8

Dedicated priority Material deprivation

No

ESF+

SO 9

Amendment

Amendment

| ID | Title [300] | TA | Basis for calculation | Fund | Category of region supported | Specific Objective selected |
| --- | --- | --- | --- | --- | --- | --- |
| 1 | Priority 1 | No | | ERDF | More | SO 1 |
| Transition |
| Less developed | SO 2 |
| Outermost and sparsely populated |
| More | SO 3 |
| 2 | Priority 2 | No | | ESF+ | More | SO 4 |
| Transition |
| Less developed | SO 5 |
| Outermost |
| 3 | Priority 3 | No | | CF | N/A | |
| 3 | Priority technical assistance | Yes | | | | NA |
| .. | Dedicated priority youth employment) | No | | ESF+ | | |
| | Dedicated priority Child Guarantee | No | | ESF+ | | |
| .. | Dedicated priority CSRs | No | | ESF+ | | |
| .. | Dedicated priority Innovative actions | No | | ESF+ | | SO 8 |
| | Dedicated priority Material deprivation | No | | ESF+ | | SO 9 |

ID

Title [300]

TA

Basis for calculation

Fund

Category of region supported

Specific Objective selected

1

Priority 1

No

ERDF

More

SO 1

Transition

Less developed

SO 2

Outermost and sparsely populated

More

SO 3

2

Priority 2

No

ESF+

More

SO 4

Transition

Less developed

SO 5

Outermost

3

Priority 3

No

CF

N/A

3

Priority technical assistance

Yes

NA

..

Dedicated priority youth employment)

No

ESF+

Dedicated priority Child Guarantee

Dedicated priority Child Guarantee

No

No

ESF+

ESF+

..

Dedicated priority CSRs

No

ESF+

..

Dedicated priority Innovative actions

No

ESF+

SO 8

Dedicated priority Material deprivation

No

ESF+

SO 9

Amendment 406

Amendment 406

Proposal for a regulation

Proposal for a regulation

Annex V — point 2.1 — table

Annex V — point 2.1 — table

Text proposed by the Commission

Text proposed by the Commission

| □ | This is a priority dedicated to a relevant country-specific recommendation |
| --- | --- |

□

This is a priority dedicated to a relevant country-specific recommendation

| □ | This is a priority dedicated to youth employment |
| --- | --- |

□

This is a priority dedicated to youth employment

| □ | This is a priority dedicated to innovative actions |
| --- | --- |

□

This is a priority dedicated to innovative actions

| □ | This is a priority dedicated to addressing material deprivation |
| --- | --- |

□

This is a priority dedicated to addressing material deprivation

Amendment

Amendment

| □ | This is a priority dedicated to a relevant country-specific recommendation |
| --- | --- |

□

This is a priority dedicated to a relevant country-specific recommendation

| □ | This is a priority dedicated to youth employment |
| --- | --- |

□

This is a priority dedicated to youth employment

| □ | This is a priority dedicated to Child Guarantee |
| --- | --- |

□

□

This is a priority dedicated to Child Guarantee

This is a priority dedicated to Child Guarantee

| □ | This is a priority dedicated to innovative actions |
| --- | --- |

□

This is a priority dedicated to innovative actions

| □ | This is a priority dedicated to addressing material deprivation |
| --- | --- |

□

This is a priority dedicated to addressing material deprivation

Amendment 407

Amendment 407

Proposal for a regulation

Proposal for a regulation

Annex V — point 2 — paragraph 3 — point 2.1 — point 2.1.1 — introductory part

Annex V — point 2 — paragraph 3 — point 2.1 — point 2.1.1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.1.1. | Specific objective (54) (Jobs and growth goal) or Area of support (EMFF) — repeated for each selected specific objective or area of support, for priorities other than technical assistance |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.1.1.

Specific objective (54) (Jobs and growth goal) or Area of support (EMFF) — repeated for each selected specific objective or area of support, for priorities other than technical assistance

54

| 2.1.1. | Specific objective (54) (Jobs and growth goal) or Area of support (EMFF) — repeated for each selected specific objective or area of support, for priorities other than technical assistance |
| --- | --- |

2.1.1.

Specific objective (54) (Jobs and growth goal) or Area of support (EMFF) — repeated for each selected specific objective or area of support, for priorities other than technical assistance

54

Amendment 408

Amendment 408

Proposal for a regulation

Proposal for a regulation

Annex V — point 2 — paragraph 3 — point 2.1 — point 2.1.1 — point 2.1.1.2 — introductory part

Annex V — point 2 — paragraph 3 — point 2.1 — point 2.1.1 — point 2.1.1.2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.1.1.2 | Indicators (55) |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.1.1.2

Indicators (55)

55

| 2.1.1.2 | Indicators |
| --- | --- |

2.1.1.2

Indicators

Amendment 409

Amendment 409

Proposal for a regulation

Proposal for a regulation

Annex V — point 2 — paragraph 3 — point 2.1 — point 2.1.1 — point 2.1.1.3 — introductory part

Annex V — point 2 — paragraph 3 — point 2.1 — point 2.1.1 — point 2.1.1.3 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.1.1.3 | Indicative breakdown of the programme resources (EU) by type of intervention (56) (not applicable to the EMFF) |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.1.1.3

Indicative breakdown of the programme resources (EU) by type of intervention (56) (not applicable to the EMFF)

56

| 2.1.1.3 | Indicative breakdown of the programme resources (EU) by type of intervention (not applicable to the EMFF) |
| --- | --- |

2.1.1.3

Indicative breakdown of the programme resources (EU) by type of intervention (not applicable to the EMFF)

Amendment 410

Amendment 410

Proposal for a regulation

Proposal for a regulation

Annex V — point 2 — paragraph 3 — point 2.1 — point 2.1.2 — paragraph 8

Annex V — point 2 — paragraph 3 — point 2.1 — point 2.1.2 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| Criteria for the selection of operations (57) | Criteria for the selection of operations (57) |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Criteria for the selection of operations (57)

57

Criteria for the selection of operations (57)

57

Amendment 411

Amendment 411

Proposal for a regulation

Proposal for a regulation

Annex V — point 3 — table 16

Annex V — point 3 — table 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| [...] | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

[...]

deleted

deleted

Amendment 412

Amendment 412

Proposal for a regulation

Proposal for a regulation

Annex V — point 3 — point 3.2 — introductory part

Annex V — point 3 — point 3.2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.2 | Total financial appropriations by fund and national co-financing (59) |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.2

Total financial appropriations by fund and national co-financing (59)

59

| 3.2 | Total financial appropriations by fund and national co-financing |
| --- | --- |

3.2

Total financial appropriations by fund and national co-financing

---

(1)  The matter was referred back for interinstitutional negotiations to the committees responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0043/2019).

1

(12)  OJ L [...], [...], p. [...].

12

(12)  OJ L [...], [...], p. [...].

12

(13)  Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).

13

(13)  Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).

13

(14)  [Regulation on the Governance of the Energy Union, amending Directive 94/22/EC, Directive 98/70/EC, Directive 2009/31/EC, Regulation (EC) No 663/2009, Regulation (EC) No 715/2009, Directive 2009/73/EC, Council Directive 2009/119/EC, Directive 2010/31/EU, Directive 2012/27/EU, Directive 2013/30/EU and Council Directive (EU) 2015/652 and repealing Regulation (EU) No 525/2013 (COM(2016)0759 final/2 — 2016/0375(COD)].

14

(14)  [Regulation on the Governance of the Energy Union, amending Directive 94/22/EC, Directive 98/70/EC, Directive 2009/31/EC, Regulation (EC) No 663/2009, Regulation (EC) No 715/2009, Directive 2009/73/EC, Council Directive 2009/119/EC, Directive 2010/31/EU, Directive 2012/27/EU, Directive 2013/30/EU and Council Directive (EU) 2015/652 and repealing Regulation (EU) No 525/2013 (COM(2016)0759 final/2 — 2016/0375(COD)].

14

(16)  OJ L 123, 12.5.2016, p. 13.

16

(16)  OJ L 123, 12.5.2016, p. 13.

16

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

18

(19)  Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).

19

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

20

(21)  Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

21

(22)  Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

22

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

18

(19)  Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).

19

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

20

(21)  Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

21

(22)  Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

22

(23)  Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).

23

(24)  Commission Regulation (EU)
  No 868/2014 of 8 August 2014
  amending the annexes to Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L
  241, 13.8.2014
  , p. 1).

24

No 868/2014 of 8 August 2014

241, 13.8.2014

(23)  Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).

23

(24)  Commission Regulation (EU)
  2016/2066 of 21 November 2016
  amending the annexes to Regulation (EC) No 1059/2003 of the European Parliament and of the Council on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L
  322, 29.11.2016
  , p. 1).

24

2016/2066 of 21 November 2016

322, 29.11.2016

(25)  Regulation (EU) [...] of the European Parliament and of the Council of [...] on [CEF] (OJ L [...], [...], p. [...])]

25

(25)  Regulation (EU) [...] of the European Parliament and of the Council of [...] on [CEF] (OJ L [...], [...], p. [...])]

25

(1a)  
  The Commission’s 7th report on economic, social and territorial cohesion, entitled ‘My region, My Europe, Our future: The 7th report on economic, social and territorial cohesion’ (COM(2017)0583, 9 October 2017).

1a

The Commission’s 7th report on economic, social and territorial cohesion, entitled ‘My region, My Europe, Our future: The 7th report on economic, social and territorial cohesion’ (COM(2017)0583, 9 October 2017).

(1a)  

  OJ L 352, 24.12.2013, p. 1.

1a

OJ L 352, 24.12.2013, p. 1.

(1b)  

  OJ L 352, 24.12.2013, p. 9.

1b

OJ L 352, 24.12.2013, p. 9.

(1c)  

  OJ L 190, 28.6.2014, p. 45.

1c

OJ L 190, 28.6.2014, p. 45.

(37)  [Regulation (EU) No [...] on [...] (OJ L [...], [...], p. [...])].

37

(37)  [Regulation (EU) No [...] on [...] (OJ L [...], [...], p. [...])].

37

(38)  Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).

38

(38)  Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).

38

(48)  Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).

48

(49)  Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (OJ L 124, 25.4.2014, p. 1).

49

(48)  Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).

48

(49)  Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (OJ L 124, 25.4.2014, p. 1).

49

(54)  Except for a specific objective set out in Article
  4(1)(c)
  (
  vii
  ) of the ESF+ Regulation.

54

4(1)(c)

vii

(54)  Except for a specific objective set out in Article
  4(1)
  (
  xi
  ) of the ESF+ Regulation.

54

4(1)

xi

(55)  
  Prior to the mid-term review in 2025 for the ERDF, the ESF+ and the CF, breakdown for the years 2021 to 2025 only.

55

Prior to the mid-term review in 2025 for the ERDF, the ESF+ and the CF, breakdown for the years 2021 to 2025 only.

(56)  
  Prior to the mid-term review in 2025 for the ERDF, the ESF+ and the CF, breakdown for the years 2021 to 2025 only.

56

Prior to the mid-term review in 2025 for the ERDF, the ESF+ and the CF, breakdown for the years 2021 to 2025 only.

(57)  Only for programmes limited to the specific objective set out in Article
  4(1)(c)
  (
  vii
  ) of the ESF+ Regulation

57

4(1)(c)

vii

(57)  Only for programmes limited to the specific objective set out in Article
  4(1)
  (
  xi
  ) of the ESF+ Regulation

57

4(1)

xi

(59)  
  Prior to the mid-term review in 2025 for the ERDF, the ESF+ and the CF, financial appropriations for the years 2021 to 2025 only.

59

Prior to the mid-term review in 2025 for the ERDF, the ESF+ and the CF, financial appropriations for the years 2021 to 2025 only.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/491 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/491

---

P8_TA(2019)0097

Justice programme ***I

Amendments adopted by the European Parliament on13 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Justice programme (COM(2018)0384 — C8-0235/2018 — 2018/0208(COD)) (1)

(Ordinary legislative procedure: first reading)

(2020/C 449/51)

Amendment 1

Proposal for a regulation

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | According to Article 2 of the Treaty on European Union, ‘the Union is founded on the values of respect for human dignity, freedom democracy, equality, the rule of law and the respect for human rights, including the rights of the persons belonging to minorities. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’. Article 3 further specifies that the ‘Union’s aim is to promote peace, its values and the well-being of its people’ and, among others, ‘it shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’. These values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’). |

Text proposed by the Commission

Amendment

(1)

According to Article 2 of the Treaty on European Union, ‘the Union is founded on the values of respect for human dignity, freedom democracy, equality, the rule of law and the respect for human rights, including the rights of the persons belonging to minorities. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’. Article 3 further specifies that the ‘Union’s aim is to promote peace, its values and the well-being of its people’ and, among others, ‘it shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’. These values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’).

| (1) | According to Article 2 of the Treaty on European Union, ‘the Union is founded on the values of respect for human dignity, freedom democracy, equality, the rule of law and the respect for human rights, including the rights of the persons belonging to minorities. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’. Article 3 further specifies that the ‘Union’s aim is to promote peace, its values and the well-being of its people’ and, among others, ‘it shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’.
  Article 8 TFEU further states that the Union shall, through all its activities, aim at eliminating inequalities, promote gender equality and combat discrimination when defining and implementing its policies and activities.
  These values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’)
  and the UN Convention on the Rights of Persons with Disabilities
  . |
| --- | --- |

(1)

According to Article 2 of the Treaty on European Union, ‘the Union is founded on the values of respect for human dignity, freedom democracy, equality, the rule of law and the respect for human rights, including the rights of the persons belonging to minorities. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’. Article 3 further specifies that the ‘Union’s aim is to promote peace, its values and the well-being of its people’ and, among others, ‘it shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’.
  Article 8 TFEU further states that the Union shall, through all its activities, aim at eliminating inequalities, promote gender equality and combat discrimination when defining and implementing its policies and activities.
  These values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’)
  and the UN Convention on the Rights of Persons with Disabilities
  .

Amendment 2

Proposal for a regulation

Recital 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1 a) | In line with Articles 8 and 10 of the Treaty on the Functioning of the European Union, the Justice Programme in all its activities should support gender mainstreaming, including gender budgeting, and the mainstreaming of non-discrimination objectives. |

Text proposed by the Commission

Amendment

(1 a)

In line with Articles 8 and 10 of the Treaty on the Functioning of the European Union, the Justice Programme in all its activities should support gender mainstreaming, including gender budgeting, and the mainstreaming of non-discrimination objectives.

Amendment 3

Proposal for a regulation

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | These rights and values must continue to be promoted
  and
  enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014-2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council (10) and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council (11). The Justice programme (hereafter the ‘Programme’) will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014-2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council (12) (hereafter ‘the predecessor Programme’). |

Text proposed by the Commission

Amendment

(2)

These rights and values must continue to be promoted
  and
  enforced, shared among the citizens and peoples within the Union and be at the heart of Europe’s societies, Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014-2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council (10) and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council (11). The Justice programme (hereafter the ‘Programme’) will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014-2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council (12) (hereafter ‘the predecessor Programme’).

| (2) | These rights and values must continue to be
  actively cultivated, protected,
  promoted
  by the Union and each Member State in all their policies, in a consistent way, as well as
  enforced
  and
  shared among the citizens and peoples within the Union and be at the heart of Europe’s societies,
  At the same time, a properly functioning European area of justice and efficient, independent and quality national legal systems, as well as greater mutual trust, are necessary for a flourishing internal market and for upholding the common values of the Union.
  Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism
  , polarisation
  and divisions
  , and proceedings under Article 7 of the Treaty on European Union, relating to systematic breaches of the rule of law, as well as infringement proceedings on issues relating to the rule of law in Member States, are ongoing
  , it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights
  and fundamental rights
  , respect for human dignity, freedom, democracy, equality,
  including gender equality
  ,
  non-discrimination and
  the rule of law
  , since the deterioration of those rights and values in any Member State can have detrimental effects on the Union as a whole
  . This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014-2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10
   (10) and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council (11). The Justice programme (hereafter the ‘Programme’) will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014-2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council (12) (hereafter ‘the predecessor Programme’). |
| --- | --- |

(2)

These rights and values must continue to be
  actively cultivated, protected,
  promoted
  by the Union and each Member State in all their policies, in a consistent way, as well as
  enforced
  and
  shared among the citizens and peoples within the Union and be at the heart of Europe’s societies,
  At the same time, a properly functioning European area of justice and efficient, independent and quality national legal systems, as well as greater mutual trust, are necessary for a flourishing internal market and for upholding the common values of the Union.
  Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the Union budget. At a time where European societies are confronted with extremism, radicalism
  , polarisation
  and divisions
  , and proceedings under Article 7 of the Treaty on European Union, relating to systematic breaches of the rule of law, as well as infringement proceedings on issues relating to the rule of law in Member States, are ongoing
  , it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights
  and fundamental rights
  , respect for human dignity, freedom, democracy, equality,
  including gender equality
  ,
  non-discrimination and
  the rule of law
  , since the deterioration of those rights and values in any Member State can have detrimental effects on the Union as a whole
  . This will have profound and direct implications for political, social, cultural and economic life in the EU. As a part of the new Fund, the Rights and Values Programme will bring together the 2014-2020 Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council10
   (10) and the Europe for Citizens programme established by Regulation (EU) No 390/2014 of the Council (11). The Justice programme (hereafter the ‘Programme’) will continue to support the development of an integrated European justice area and cross-border cooperation, in continuity with the 2014-2020 Justice Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council (12) (hereafter ‘the predecessor Programme’).

Amendment 4

Proposal for a regulation

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | The Justice, Rights and Values Fund and its two underlying funding programmes will focus
  primarily
  on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights-based, equal, inclusive and democratic society
  . That includes
  a vibrant civil society,
  encouraging
  people’s democratic, civic and social participation
  and to
  fostering the rich diversity of European society, also based on our common history and memory. Article 11 of the EU Treaty
  further specifies
  that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action. |

Text proposed by the Commission

Amendment

(3)

The Justice, Rights and Values Fund and its two underlying funding programmes will focus
  primarily
  on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights-based, equal, inclusive and democratic society
  . That includes
  a vibrant civil society,
  encouraging
  people’s democratic, civic and social participation
  and to
  fostering the rich diversity of European society, also based on our common history and memory. Article 11 of the EU Treaty
  further specifies
  that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.

| (3) | The Justice, Rights and Values Fund and its two underlying funding programmes will focus on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights-based, equal,
  open,
  inclusive and democratic society
  , in particular by funding activities that promote
  a vibrant
  , well-developed, resilient and empowered
  civil society,
  enabling
  people’s democratic, civic and social participation
  , and the proper application and implementation of human and fundamental rights,
  fostering the rich diversity of European society, also based on our common history and memory. Article 11 of the EU Treaty
  requires
  that the institutions
  shall maintain an open, transparent and regular dialogue with civil society and
  shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
  This is particularly important in the light of the increasingly shrinking space for independent civil society in a number of Member States. |
| --- | --- |

(3)

The Justice, Rights and Values Fund and its two underlying funding programmes will focus on people and entities which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain our rights-based, equal,
  open,
  inclusive and democratic society
  , in particular by funding activities that promote
  a vibrant
  , well-developed, resilient and empowered
  civil society,
  enabling
  people’s democratic, civic and social participation
  , and the proper application and implementation of human and fundamental rights,
  fostering the rich diversity of European society, also based on our common history and memory. Article 11 of the EU Treaty
  requires
  that the institutions
  shall maintain an open, transparent and regular dialogue with civil society and
  shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
  This is particularly important in the light of the increasingly shrinking space for independent civil society in a number of Member States.

Amendment 5

Proposal for a regulation

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | The Treaty on the Functioning of the European Union (TFEU) provides for the creation of an area of freedom, security and justice, with respect for fundamental rights and the different legal systems and traditions of the Member States. To that end, the Union may adopt measures to develop judicial cooperation in civil matters
  and judicial cooperation in criminal matters
  and to promote and support the action of Member States in the field of crime prevention. Respect for fundamental rights as well as for common principles and values, such as non-discrimination,
  gender equality,
  effective access to justice for all, the rule of law and a well-functioning independent judicial system
  shall
  be ensured in the further development of a European area of justice. |

Text proposed by the Commission

Amendment

(4)

The Treaty on the Functioning of the European Union (TFEU) provides for the creation of an area of freedom, security and justice, with respect for fundamental rights and the different legal systems and traditions of the Member States. To that end, the Union may adopt measures to develop judicial cooperation in civil matters
  and judicial cooperation in criminal matters
  and to promote and support the action of Member States in the field of crime prevention. Respect for fundamental rights as well as for common principles and values, such as non-discrimination,
  gender equality,
  effective access to justice for all, the rule of law and a well-functioning independent judicial system
  shall
  be ensured in the further development of a European area of justice.

| (4) | The Treaty on the Functioning of the European Union (TFEU) provides for the creation of an area of freedom, security and justice, with respect for fundamental rights and the different legal systems and traditions of the Member States.
  Respect for and promotion of the rule of law, fundamental rights and democracy within the Union are prerequisites for upholding all rights and obligations enshrined in the Treaties, and for building people's trust in the Union. The way in which the rule of law is implemented in the Member States plays a vital role in ensuring mutual trust among Member States and between their legal systems.
  To that end, the Union may adopt measures to develop judicial cooperation in civil
  and criminal matters and, when applicable, administrative
  matters and to promote and support the action of Member States in the field of crime prevention
  , focusing in particular on serious cross-border crimes, fiscal crimes, environmental crimes, terrorism and violations of fundamental rights, such as human trafficking, and in the field of victims’ rights protection
  . Respect for
  human and
  fundamental rights as well as for common principles and values, such as non-discrimination,
  solidarity, equal treatment on the basis of any of the grounds listed in Article 21 of the Charter,
  effective access to justice for all, the rule of law
  , democracy
  and a well-functioning independent judicial system
  should
  be ensured
  and fostered
  in the further development of a European area of justice
  at local, regional and national levels
  . |
| --- | --- |

(4)

The Treaty on the Functioning of the European Union (TFEU) provides for the creation of an area of freedom, security and justice, with respect for fundamental rights and the different legal systems and traditions of the Member States.
  Respect for and promotion of the rule of law, fundamental rights and democracy within the Union are prerequisites for upholding all rights and obligations enshrined in the Treaties, and for building people's trust in the Union. The way in which the rule of law is implemented in the Member States plays a vital role in ensuring mutual trust among Member States and between their legal systems.
  To that end, the Union may adopt measures to develop judicial cooperation in civil
  and criminal matters and, when applicable, administrative
  matters and to promote and support the action of Member States in the field of crime prevention
  , focusing in particular on serious cross-border crimes, fiscal crimes, environmental crimes, terrorism and violations of fundamental rights, such as human trafficking, and in the field of victims’ rights protection
  . Respect for
  human and
  fundamental rights as well as for common principles and values, such as non-discrimination,
  solidarity, equal treatment on the basis of any of the grounds listed in Article 21 of the Charter,
  effective access to justice for all, the rule of law
  , democracy
  and a well-functioning independent judicial system
  should
  be ensured
  and fostered
  in the further development of a European area of justice
  at local, regional and national levels
  .

Amendment 6

Proposal for a regulation

Recital 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4 a) | Article 81 TFEU explicitly provides that the Union may adopt legal acts for the approximation of laws of the Member States. Under the Treaty, such acts may be adopted inter alia for the mutual recognition and enforcement between Member States of judgments and extrajudicial decisions; the cross-border service of judicial and extrajudicial documents; the compatibility of the private international law rules applicable in the Member States concerning conflict of laws and of jurisdiction; cooperation in the taking of evidence; effective access to justice; the elimination of obstacles to the proper functioning of civil, criminal and administrative proceedings, which may include making national court procedures more compatible; the development of alternative dispute resolution (ADR); and support for training of the judiciary and judicial staff. |

Text proposed by the Commission

Amendment

(4 a)

Article 81 TFEU explicitly provides that the Union may adopt legal acts for the approximation of laws of the Member States. Under the Treaty, such acts may be adopted inter alia for the mutual recognition and enforcement between Member States of judgments and extrajudicial decisions; the cross-border service of judicial and extrajudicial documents; the compatibility of the private international law rules applicable in the Member States concerning conflict of laws and of jurisdiction; cooperation in the taking of evidence; effective access to justice; the elimination of obstacles to the proper functioning of civil, criminal and administrative proceedings, which may include making national court procedures more compatible; the development of alternative dispute resolution (ADR); and support for training of the judiciary and judicial staff.

Amendment 7

Proposal for a regulation

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | Financing
  should remain
  one of the important tools for the successful implementation of the ambitious goals set by the Treaties. They should be attained inter alia by establishing a flexible and effective Justice Programme which should facilitate planning and implementation of those goals. |

Text proposed by the Commission

Amendment

(5)

Financing
  should remain
  one of the important tools for the successful implementation of the ambitious goals set by the Treaties. They should be attained inter alia by establishing a flexible and effective Justice Programme which should facilitate planning and implementation of those goals.

| (5) | Financing 
  is
  one of the
  most
   important tools for the successful implementation of the ambitious goals set by the Treaties. They should be attained inter alia by establishing a flexible and effective Justice Programme which should facilitate planning and implementation of those goals
  , taking into account which activities bring the highest Union added value, using key performance indicators, whenever possible
  . |
| --- | --- |

(5)

Financing 
  is
  one of the
  most
   important tools for the successful implementation of the ambitious goals set by the Treaties. They should be attained inter alia by establishing a flexible and effective Justice Programme which should facilitate planning and implementation of those goals
  , taking into account which activities bring the highest Union added value, using key performance indicators, whenever possible
  .

Amendment 8

Proposal for a regulation

Recital 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5 a) | The Programme should aim to increase the flexibility and accessibility of its funds and provide the same funding opportunities and conditions for civil society organisations inside as for the ones outside the Union. |

Text proposed by the Commission

Amendment

(5 a)

The Programme should aim to increase the flexibility and accessibility of its funds and provide the same funding opportunities and conditions for civil society organisations inside as for the ones outside the Union.

Amendment 9

Proposal for a regulation

Recital 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | For the gradual establishment of an area of freedom, security and justice, the Union is to adopt measures relating to judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and judicial decisions, which is a cornerstone of judicial cooperation within the Union since the Tampere European Council of 15 and 16 October 1999. Mutual recognition requires a high level of mutual trust among Member States. Measures to approximate the laws of the Member States in several areas have been adopted to facilitate mutual recognition and foster mutual trust. A well-functioning area of justice, where obstacles in cross-border judicial proceedings and access to justice in cross-border situations are eliminated, is also key to ensure economic growth. |

Text proposed by the Commission

Amendment

(6)

For the gradual establishment of an area of freedom, security and justice, the Union is to adopt measures relating to judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and judicial decisions, which is a cornerstone of judicial cooperation within the Union since the Tampere European Council of 15 and 16 October 1999. Mutual recognition requires a high level of mutual trust among Member States. Measures to approximate the laws of the Member States in several areas have been adopted to facilitate mutual recognition and foster mutual trust. A well-functioning area of justice, where obstacles in cross-border judicial proceedings and access to justice in cross-border situations are eliminated, is also key to ensure economic growth.

| (6) | For the gradual establishment of an area of freedom, security and justice
  for all
  , the Union is to adopt measures relating to judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and judicial decisions, which is a cornerstone of judicial cooperation within the Union since the Tampere European Council of 15 and 16 October 1999. Mutual recognition requires a high level of mutual trust among Member States. Measures to approximate the laws of the Member States in several areas have been adopted to facilitate mutual recognition and foster mutual trust. A well-functioning area of justice, where obstacles in cross-border judicial proceedings and access to justice in cross-border situations are eliminated, is also key to ensure economic growth
  and further integration
  . |
| --- | --- |

(6)

For the gradual establishment of an area of freedom, security and justice
  for all
  , the Union is to adopt measures relating to judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and judicial decisions, which is a cornerstone of judicial cooperation within the Union since the Tampere European Council of 15 and 16 October 1999. Mutual recognition requires a high level of mutual trust among Member States. Measures to approximate the laws of the Member States in several areas have been adopted to facilitate mutual recognition and foster mutual trust. A well-functioning area of justice, where obstacles in cross-border judicial proceedings and access to justice in cross-border situations are eliminated, is also key to ensure economic growth
  and further integration
  .

Amendment 10

Proposal for a regulation

Recital 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (6 a) | As recalled by the Court of Justice of the European Union in its case law

   (1a)

  , judicial independence forms part of the essence of the fundamental right to a fair trial and represents the basis for mutual trust and mutual recognition. |

Text proposed by the Commission

Amendment

(6 a)

As recalled by the Court of Justice of the European Union in its case law

   (1a)

  , judicial independence forms part of the essence of the fundamental right to a fair trial and represents the basis for mutual trust and mutual recognition.

Amendment 11

Proposal for a regulation

Recital 6 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (6 b) | Access to justice should include, in particular, access to courts, to alternative methods of dispute settlement, and to public office-holders who are obliged by the law to provide parties with independent and impartial legal advice. |

Text proposed by the Commission

Amendment

(6 b)

Access to justice should include, in particular, access to courts, to alternative methods of dispute settlement, and to public office-holders who are obliged by the law to provide parties with independent and impartial legal advice.

Amendment 12

Proposal for a regulation

Recital 6 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (6 c) | The incorporation of the gender perspective in justice systems should be considered an important goal to further develop the European area of justice. Intersectional discrimination in the justice system is still one of the main barriers in terms of women’s equal access to justice. The programme should therefore actively contribute to the elimination of any discrimination and barriers to minorities, persons with disabilities, migrants, asylum seekers, elderly people, people living in remote areas or any vulnerable groups that might be faced with restrictions to access to justice, and support victim-friendly and gender sensitive procedures and decisions in judicial systems. |

Text proposed by the Commission

Amendment

(6 c)

The incorporation of the gender perspective in justice systems should be considered an important goal to further develop the European area of justice. Intersectional discrimination in the justice system is still one of the main barriers in terms of women’s equal access to justice. The programme should therefore actively contribute to the elimination of any discrimination and barriers to minorities, persons with disabilities, migrants, asylum seekers, elderly people, people living in remote areas or any vulnerable groups that might be faced with restrictions to access to justice, and support victim-friendly and gender sensitive procedures and decisions in judicial systems.

Amendment 13

Proposal for a regulation

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | Respect
  for
  the rule of law is essential for a high level of mutual trust in the area of justice and home affairs, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence, quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters. |

Text proposed by the Commission

Amendment

(7)

Respect
  for
  the rule of law is essential for a high level of mutual trust in the area of justice and home affairs, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence, quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters.

| (7) | Full
  respect
  and promotion of
  the rule of law is essential for a high level of mutual trust in the area of
  freedom, security and
  justice and home affairs, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence,
  transparency, accountability,
  quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters. |
| --- | --- |

(7)

Full
  respect
  and promotion of
  the rule of law is essential for a high level of mutual trust in the area of
  freedom, security and
  justice and home affairs, in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition. The rule of law is one of the common values enshrined in Article TEU 2, and the principle of effective judicial protection provided for in Articles 19(1) TEU and 47 of the Charter of Fundamental Rights is a concrete expression of the rule of law. Promoting the rule of law by supporting the efforts to improve the independence,
  transparency, accountability,
  quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters.

Amendment 14

Proposal for a regulation

Recital 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7 a) | It is important to recall that justice means affirming the rule of law in society and ensuring for everyone the right to a fair trial by an independent and impartial court with a view to the protection of European values. |

Text proposed by the Commission

Amendment

(7 a)

It is important to recall that justice means affirming the rule of law in society and ensuring for everyone the right to a fair trial by an independent and impartial court with a view to the protection of European values.

Amendment 15

Proposal for a regulation

Recital 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and of judicial decisions. Training of justice professionals is an important tool to develop a common understanding of how best to uphold the rule of law. It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the correct and coherent application of law in the Union and mutual trust between justice professionals in cross-border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology, include cross-border events gathering justice professionals of different Member States, comprise active learning and networking elements and be sustainable. |

Text proposed by the Commission

Amendment

(8)

Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and of judicial decisions. Training of justice professionals is an important tool to develop a common understanding of how best to uphold the rule of law. It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the correct and coherent application of law in the Union and mutual trust between justice professionals in cross-border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology, include cross-border events gathering justice professionals of different Member States, comprise active learning and networking elements and be sustainable.

| (8) | Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil, and criminal
  matters and, when applicable, administrative
  matters based on the principle of mutual recognition of judgments and of judicial decisions. Training of justice professionals is an important tool to develop a common understanding of how best to
  implement and
  uphold the rule of law
  and fundamental rights
  . It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the
  non-discriminatory,
  correct and coherent application of law in the Union and mutual trust
  and understanding
  between justice professionals in cross-border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology, include cross-border events gathering justice professionals
  , including those working for civil society organisations,
  of different Member States, comprise active learning and networking elements and be sustainable.
  It should include training courses for judges, lawyers, prosecutors and police about the challenges and obstacles experienced by people in a vulnerable situation, including children, ethnic minorities, LGBTI people, persons with disabilities, victims of gender-based and other forms of interpersonal violence and victims of trafficking, and about how to ensure that victims of crimes are properly protected. Such training courses should be organised with the direct involvement of such persons and organisations representing or supporting them. |
| --- | --- |

(8)

Pursuant to Articles 81(2)(h) and 82(1)(c) of the Treaty on the Functioning of the EU, the Union shall support the training of the judiciary and judicial staff as a tool to improve judicial cooperation in civil, and criminal
  matters and, when applicable, administrative
  matters based on the principle of mutual recognition of judgments and of judicial decisions. Training of justice professionals is an important tool to develop a common understanding of how best to
  implement and
  uphold the rule of law
  and fundamental rights
  . It contributes to the building of the European area of justice by creating a common judicial culture among justice professionals of the Member States. It is essential to ensure the
  non-discriminatory,
  correct and coherent application of law in the Union and mutual trust
  and understanding
  between justice professionals in cross-border proceedings. The training activities supported by the Programme should be based on sound training needs’ assessments, use state of the art training methodology, include cross-border events gathering justice professionals
  , including those working for civil society organisations,
  of different Member States, comprise active learning and networking elements and be sustainable.
  It should include training courses for judges, lawyers, prosecutors and police about the challenges and obstacles experienced by people in a vulnerable situation, including children, ethnic minorities, LGBTI people, persons with disabilities, victims of gender-based and other forms of interpersonal violence and victims of trafficking, and about how to ensure that victims of crimes are properly protected. Such training courses should be organised with the direct involvement of such persons and organisations representing or supporting them.

Amendment 16

Proposal for a regulation

Recital 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (8 a) | Reasonable time-limits for proceedings serve the purpose of legal certainty, which is the key requirement for the rule of law. |

Text proposed by the Commission

Amendment

(8 a)

Reasonable time-limits for proceedings serve the purpose of legal certainty, which is the key requirement for the rule of law.

Amendment 17

Proposal for a regulation

Recital 8 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (8 b) | Pursuant to Council Decision (EU) 2017/865 of 11 May 2017 on the signing, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to matters related to judicial cooperation in criminal matters, and the respective decision with regard to asylum and non-refoulement, the Programme should support the training of the judiciary and judicial staff with a view to raising awareness and promoting the practical application of the Convention within this scope to better protect victims of violence against women and girls across the Union. |

Text proposed by the Commission

Amendment

(8 b)

Pursuant to Council Decision (EU) 2017/865 of 11 May 2017 on the signing, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to matters related to judicial cooperation in criminal matters, and the respective decision with regard to asylum and non-refoulement, the Programme should support the training of the judiciary and judicial staff with a view to raising awareness and promoting the practical application of the Convention within this scope to better protect victims of violence against women and girls across the Union.

Amendment 18

Proposal for a regulation

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | Judicial training can involve different actors, such as Member States’ legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, or networks of court coordinators of Union law. Bodies and entities pursuing a general European interest in the field of training of the judiciary, such as the European Judicial Training Network (‘EJTN’), the Academy of European Law (‘ERA’), the European Network of Councils for the Judiciary (‘ENCJ’), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union (‘ACA-Europe’), the Network of the Presidents of Supreme Judicial Courts of the European Union (‘RPCSJUE’) and the European Institute of Public Administration (‘EIPA’), should continue to play their role in promoting training programmes with a genuine European dimension for the judiciary and judicial staff, and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation. |

Text proposed by the Commission

Amendment

(9)

Judicial training can involve different actors, such as Member States’ legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, or networks of court coordinators of Union law. Bodies and entities pursuing a general European interest in the field of training of the judiciary, such as the European Judicial Training Network (‘EJTN’), the Academy of European Law (‘ERA’), the European Network of Councils for the Judiciary (‘ENCJ’), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union (‘ACA-Europe’), the Network of the Presidents of Supreme Judicial Courts of the European Union (‘RPCSJUE’) and the European Institute of Public Administration (‘EIPA’), should continue to play their role in promoting training programmes with a genuine European dimension for the judiciary and judicial staff, and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation.

| (9) | Judicial training can involve different actors, such as Member States’ legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, or networks of court coordinators of Union law
  , as well as relevant civil society organisations including those bringing forward representative actions
  . Bodies and entities pursuing a general European interest in the field of training of the judiciary, such as the European Judicial Training Network (‘EJTN’), the Academy of European Law (‘ERA’), the European Network of Councils for the Judiciary (‘ENCJ’), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union (‘ACA-Europe’), the Network of the Presidents of Supreme Judicial Courts of the European Union (‘RPCSJUE’) and the European Institute of Public Administration (‘EIPA’), should continue to play their role in promoting training programmes with a genuine European dimension for the judiciary and judicial staff, and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation.
  In addition, organisations in the fields of fundamental rights, and professionals working with victims of violence as well as specialised academic institutions could also contribute to such training programmes, and should therefore be associated whenever relevant. Taking into account that women judges are underrepresented in the top positions, women judges, prosecutors and other legal professions should be encouraged to participate in the training activities. |
| --- | --- |

(9)

Judicial training can involve different actors, such as Member States’ legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, or networks of court coordinators of Union law
  , as well as relevant civil society organisations including those bringing forward representative actions
  . Bodies and entities pursuing a general European interest in the field of training of the judiciary, such as the European Judicial Training Network (‘EJTN’), the Academy of European Law (‘ERA’), the European Network of Councils for the Judiciary (‘ENCJ’), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union (‘ACA-Europe’), the Network of the Presidents of Supreme Judicial Courts of the European Union (‘RPCSJUE’) and the European Institute of Public Administration (‘EIPA’), should continue to play their role in promoting training programmes with a genuine European dimension for the judiciary and judicial staff, and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation.
  In addition, organisations in the fields of fundamental rights, and professionals working with victims of violence as well as specialised academic institutions could also contribute to such training programmes, and should therefore be associated whenever relevant. Taking into account that women judges are underrepresented in the top positions, women judges, prosecutors and other legal professions should be encouraged to participate in the training activities.

Amendment 19

Proposal for a regulation

Recital 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9 a) | The Member States should invest more in development of judicial training courses and continuous education for judges as such activities form a basis for an efficient, independent and impartial judicial system. |

Text proposed by the Commission

Amendment

(9 a)

The Member States should invest more in development of judicial training courses and continuous education for judges as such activities form a basis for an efficient, independent and impartial judicial system.

Amendment 20

Proposal for a regulation

Recital 10 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (10 a) | The programme should also support the promotion of best practices between courts specifically handling gender-based violence and the exchange of common resources and training materials on gender-based violence for judges, public prosecutors, lawyers, police and other professionals that come into contact with victims of gender based violence. |

Text proposed by the Commission

Amendment

(10 a)

The programme should also support the promotion of best practices between courts specifically handling gender-based violence and the exchange of common resources and training materials on gender-based violence for judges, public prosecutors, lawyers, police and other professionals that come into contact with victims of gender based violence.

Amendment 21

Proposal for a regulation

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | Measures under the Programme should support enhanced mutual recognition of judicial decisions and judgments and the necessary approximation of legislation that will facilitate cooperation between all the relevant authorities, including Financial Intelligence Units, and the judicial protection of individual rights in civil and commercial matters. The Programme should also advance the procedural legislation for cross-border cases and greater convergence in civil law that will help to eliminate obstacles to good and efficient functioning judicial and extra-judicial procedures in benefit of all parties in a civil dispute. Finally, in order to support the effective enforcement and practical application of the Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in Civil and Commercial matters established by Council Decision 2001/470/EC. |

Text proposed by the Commission

Amendment

(11)

Measures under the Programme should support enhanced mutual recognition of judicial decisions and judgments and the necessary approximation of legislation that will facilitate cooperation between all the relevant authorities, including Financial Intelligence Units, and the judicial protection of individual rights in civil and commercial matters. The Programme should also advance the procedural legislation for cross-border cases and greater convergence in civil law that will help to eliminate obstacles to good and efficient functioning judicial and extra-judicial procedures in benefit of all parties in a civil dispute. Finally, in order to support the effective enforcement and practical application of the Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in Civil and Commercial matters established by Council Decision 2001/470/EC.

| (11) | Measures under the Programme should support enhanced mutual recognition of judicial decisions and judgments
  , mutual trust between Member States
  and the necessary approximation of legislation that will facilitate cooperation between all the relevant authorities, including Financial Intelligence Units, and the judicial protection of individual rights in civil and commercial matters. The Programme should also advance the procedural legislation for cross-border cases
  including mediation procedures, especially focusing on facilitating non-discriminatory access to justice for all,
  and greater convergence
  , in particular
  in civil law that will help to eliminate obstacles to good and efficient functioning judicial and extra-judicial procedures in benefit of all parties in a civil dispute. Finally, in order to support the effective enforcement and practical application of the Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in Civil and Commercial matters established by Council Decision 2001/470/EC. |
| --- | --- |

(11)

Measures under the Programme should support enhanced mutual recognition of judicial decisions and judgments
  , mutual trust between Member States
  and the necessary approximation of legislation that will facilitate cooperation between all the relevant authorities, including Financial Intelligence Units, and the judicial protection of individual rights in civil and commercial matters. The Programme should also advance the procedural legislation for cross-border cases
  including mediation procedures, especially focusing on facilitating non-discriminatory access to justice for all,
  and greater convergence
  , in particular
  in civil law that will help to eliminate obstacles to good and efficient functioning judicial and extra-judicial procedures in benefit of all parties in a civil dispute. Finally, in order to support the effective enforcement and practical application of the Union law on judicial cooperation in civil matters, the Programme should support the functioning of the European Judicial Network in Civil and Commercial matters established by Council Decision 2001/470/EC.

Amendment 22

Proposal for a regulation

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | Pursuant to Article 3(3) of the TEU, Article 24 of the Charter and the 1989 United Nations Convention on the Rights of the Child, the Programme should support the protection of the rights of the child, and should mainstream the promotion of the rights of the child in the implementation of all of its actions. |

Text proposed by the Commission

Amendment

(12)

Pursuant to Article 3(3) of the TEU, Article 24 of the Charter and the 1989 United Nations Convention on the Rights of the Child, the Programme should support the protection of the rights of the child, and should mainstream the promotion of the rights of the child in the implementation of all of its actions.

| (12) | Pursuant to Article 3(3) of the TEU, Article 24 of the Charter and the 1989 United Nations Convention on the Rights of the Child, the Programme should support the protection of the rights of the child, and should mainstream the promotion of the rights of the child in the implementation of all of its actions.
  To this purpose, particular attention should be given to actions aimed at the protection of the rights of children in the context of civil and criminal justice, including the protection of children accompanying parents in detention and children of imprisoned parents. Appropriate support should also be considered in favour of training activities aimed at the proper implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings. |
| --- | --- |

(12)

Pursuant to Article 3(3) of the TEU, Article 24 of the Charter and the 1989 United Nations Convention on the Rights of the Child, the Programme should support the protection of the rights of the child, and should mainstream the promotion of the rights of the child in the implementation of all of its actions.
  To this purpose, particular attention should be given to actions aimed at the protection of the rights of children in the context of civil and criminal justice, including the protection of children accompanying parents in detention and children of imprisoned parents. Appropriate support should also be considered in favour of training activities aimed at the proper implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings.

Amendment 23

Proposal for a regulation

Recital 12 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12 a) | Pursuant to Article 3(3) TEU, Article 23 of the Charter and the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), the Programme should support the protection of women’s rights, and should mainstream the promotion of gender-based issues in the implementation of all of its actions. To ensure and strengthen women’s and girls’ access to justice in cases of gender-based violence, Member States should ratify the Istanbul Convention and adopt comprehensive legislation against gender-based violence in the Union. |

Text proposed by the Commission

Amendment

(12 a)

Pursuant to Article 3(3) TEU, Article 23 of the Charter and the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), the Programme should support the protection of women’s rights, and should mainstream the promotion of gender-based issues in the implementation of all of its actions. To ensure and strengthen women’s and girls’ access to justice in cases of gender-based violence, Member States should ratify the Istanbul Convention and adopt comprehensive legislation against gender-based violence in the Union.

Amendment 24

Proposal for a regulation

Recital 12 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12 b) | Pursuant to the Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, the Programme should support the protection of people belonging to racial or ethnic minorities, such as Roma, and mainstream the promotion of their rights in the implementation of all of its actions, in particular by strengthening anti-discrimination measures. |

Text proposed by the Commission

Amendment

(12 b)

Pursuant to the Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, the Programme should support the protection of people belonging to racial or ethnic minorities, such as Roma, and mainstream the promotion of their rights in the implementation of all of its actions, in particular by strengthening anti-discrimination measures.

Amendment 25

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | The 2014-2020 Programme has enabled training activities on Union law, in particular on the scope and application of the Charter, targeted at members of the judiciary and other legal practitioners. In its conclusions of 12 October 2017 on the application of the Charter in 2016, the Council recalled the importance of awareness-raising on the application of the Charter, including among policymakers, legal practitioners and the rights holders themselves, at national as well as at Union level. Therefore, to mainstream fundamental rights in a consistent way, it is necessary to extend financial support to awareness –raising activities for other public authorities than judicial authorities and legal practitioners. |

Text proposed by the Commission

Amendment

(13)

The 2014-2020 Programme has enabled training activities on Union law, in particular on the scope and application of the Charter, targeted at members of the judiciary and other legal practitioners. In its conclusions of 12 October 2017 on the application of the Charter in 2016, the Council recalled the importance of awareness-raising on the application of the Charter, including among policymakers, legal practitioners and the rights holders themselves, at national as well as at Union level. Therefore, to mainstream fundamental rights in a consistent way, it is necessary to extend financial support to awareness –raising activities for other public authorities than judicial authorities and legal practitioners.

| (13) | The 2014-2020 Programme has enabled training activities on Union law, in particular on the scope and application of the Charter, targeted at members of the judiciary and other legal practitioners. In its conclusions of 12 October 2017 on the application of the Charter in 2016, the Council recalled the importance of awareness-raising on the application of the Charter, including among policymakers, legal practitioners and the rights holders themselves, at national as well as at Union level. Therefore, to mainstream fundamental rights in a consistent way, it is necessary to extend financial support to awareness –raising activities for other public authorities than judicial authorities and legal practitioners
  , and for NGOs undertaking this task as well
  . |
| --- | --- |

(13)

The 2014-2020 Programme has enabled training activities on Union law, in particular on the scope and application of the Charter, targeted at members of the judiciary and other legal practitioners. In its conclusions of 12 October 2017 on the application of the Charter in 2016, the Council recalled the importance of awareness-raising on the application of the Charter, including among policymakers, legal practitioners and the rights holders themselves, at national as well as at Union level. Therefore, to mainstream fundamental rights in a consistent way, it is necessary to extend financial support to awareness –raising activities for other public authorities than judicial authorities and legal practitioners
  , and for NGOs undertaking this task as well
  .

Amendment 26

Proposal for a regulation

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which access to justice is instrumental. In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, as well as of civil society organisations, which contribute to these objectives. |

Text proposed by the Commission

Amendment

(14)

Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which access to justice is instrumental. In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners, as well as of civil society organisations, which contribute to these objectives.

| (14) | Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which
  non-discriminatory
  access to justice
  for all
  is instrumental. In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities
  at national regional and local level,
  and legal practitioners, as well as of civil society organisations
  including those representing the rights of victims of crimes
  , which contribute to these objectives.
  In order to achieve access to justice for all, support should be given, in particular, to activities which facilitate effective and equal access to justice for people in a vulnerable situation such as children, ethnic minorities, LGBTI people, persons with disabilities, victims of gender-based and other forms of interpersonal violence and victims of trafficking and migrants, irrespective of their residence status. |
| --- | --- |

(14)

Pursuant to Article 67 TFEU, the Union should constitute an area of freedom, security and justice with respect for fundamental rights, to which
  non-discriminatory
  access to justice
  for all
  is instrumental. In order to facilitate effective access to justice, and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom, security and justice, it is necessary to extend financial support to activities of other authorities than judicial authorities
  at national regional and local level,
  and legal practitioners, as well as of civil society organisations
  including those representing the rights of victims of crimes
  , which contribute to these objectives.
  In order to achieve access to justice for all, support should be given, in particular, to activities which facilitate effective and equal access to justice for people in a vulnerable situation such as children, ethnic minorities, LGBTI people, persons with disabilities, victims of gender-based and other forms of interpersonal violence and victims of trafficking and migrants, irrespective of their residence status.

Amendment 27

Proposal for a regulation

Recital 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | Pursuant to Articles 8 and 10 TFEU, the Programme should
  also
  support the mainstreaming of equality
  between women and men
  and non-discrimination objectives in all its activities. |

Text proposed by the Commission

Amendment

(15)

Pursuant to Articles 8 and 10 TFEU, the Programme should
  also
  support the mainstreaming of equality
  between women and men
  and non-discrimination objectives in all its activities.

| (15) | Pursuant to Articles 8 and 10 TFEU, the Programme should
  take a cross-cutting approach to promote gender equality and
  support the mainstreaming of
  gender
  equality and non-discrimination objectives in all its activities.
  Regular monitoring and evaluation should be carried out to assess the way in which those objectives are addressed in the Programme's activities. |
| --- | --- |

(15)

Pursuant to Articles 8 and 10 TFEU, the Programme should
  take a cross-cutting approach to promote gender equality and
  support the mainstreaming of
  gender
  equality and non-discrimination objectives in all its activities.
  Regular monitoring and evaluation should be carried out to assess the way in which those objectives are addressed in the Programme's activities.

Amendment 28

Proposal for a regulation

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | Actions covered by this Regulation should contribute to the creation of a European area of justice, increasing cross-border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross-border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning. |

Text proposed by the Commission

Amendment

(16)

Actions covered by this Regulation should contribute to the creation of a European area of justice, increasing cross-border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross-border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.

| (16) | Actions covered by this Regulation should contribute to the creation of a European area of justice,
  fostering the independence and efficiency of the legal system,
  increasing cross-border cooperation and networking
  , underpinning mutual trust between the Member State judiciaries
  and achieving the correct, coherent and consistent application of Union law
  . Particular attention should be given to the application of Union equality law and to a better implementation of and coordination between the various Union instruments for protection of victims
  . Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation
  and promotion
  of interoperable digital solutions underpinning seamless and efficient cross-border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper
  understanding and
  implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning
  and sharing of best practice
  . |
| --- | --- |

(16)

Actions covered by this Regulation should contribute to the creation of a European area of justice,
  fostering the independence and efficiency of the legal system,
  increasing cross-border cooperation and networking
  , underpinning mutual trust between the Member State judiciaries
  and achieving the correct, coherent and consistent application of Union law
  . Particular attention should be given to the application of Union equality law and to a better implementation of and coordination between the various Union instruments for protection of victims
  . Funding activities should also contribute to a common understanding of the Union’s values, the rule of law, to better knowledge of Union law and policies, to sharing know-how and best practices in using judicial cooperation instruments by all concerned stakeholders, as well as to a proliferation
  and promotion
  of interoperable digital solutions underpinning seamless and efficient cross-border cooperation, and should provide a sound analytical basis to support the development, enforcement and proper
  understanding and
  implementation of Union law and policies. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning
  and sharing of best practice
  .

Amendment 29

Proposal for a regulation

Recital 16 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (16 a) | The Programme should also contribute to enhancing cooperation with third countries whenever Union law has an extraterritorial application, to improve access to justice and facilitate tackling judicial and procedural challenges in particular in cases of human trafficking, and relating to climate change and corporate business responsibility. |

Text proposed by the Commission

Amendment

(16 a)

The Programme should also contribute to enhancing cooperation with third countries whenever Union law has an extraterritorial application, to improve access to justice and facilitate tackling judicial and procedural challenges in particular in cases of human trafficking, and relating to climate change and corporate business responsibility.

Amendment 30

Proposal for a regulation

Recital 16 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (16 b) | As highlighted by the European Parliament's Report on the European Commission's 2017 Justice Scoreboard, there are still significant gender balance disparities among the Member States' judiciary and judicial staff, particularly, but not exclusively, in relation to the following aspects: the proportion of female judges in higher levels of the judiciary, transparency in appointments, reconciliation between work and non-work responsibilities and the existence of mentoring practices. The Programme should therefore support training activities seeking to address those disparities. Such activities could, for instance, be tailored for female professionals within Member States' judiciaries and judicial staff or, where adequate, target both female and male professionals, in an effort to raise awareness among all relevant staff. |

Text proposed by the Commission

Amendment

(16 b)

As highlighted by the European Parliament's Report on the European Commission's 2017 Justice Scoreboard, there are still significant gender balance disparities among the Member States' judiciary and judicial staff, particularly, but not exclusively, in relation to the following aspects: the proportion of female judges in higher levels of the judiciary, transparency in appointments, reconciliation between work and non-work responsibilities and the existence of mentoring practices. The Programme should therefore support training activities seeking to address those disparities. Such activities could, for instance, be tailored for female professionals within Member States' judiciaries and judicial staff or, where adequate, target both female and male professionals, in an effort to raise awareness among all relevant staff.

Amendment 31

Proposal for a regulation

Recital 16 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (16 c) | The Union’s justice system does not deliver adequate justice and protection to women and girls, and consequently, victims of gender-based violence do not receive the necessary support. That also includes the lack of protection and support regarding victims of sex trafficking, refugee and migrant women, LGBTIQ-people and persons with disabilities. |

Text proposed by the Commission

Amendment

(16 c)

The Union’s justice system does not deliver adequate justice and protection to women and girls, and consequently, victims of gender-based violence do not receive the necessary support. That also includes the lack of protection and support regarding victims of sex trafficking, refugee and migrant women, LGBTIQ-people and persons with disabilities.

Amendment 32

Proposal for a regulation

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as EUROJUST, EU-LISa and the European Public Prosecutor Office,
  and should
  take stock of the work of other national and international actors in the areas covered by the Programme. |

Text proposed by the Commission

Amendment

(17)

The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as EUROJUST, EU-LISa and the European Public Prosecutor Office,
  and should
  take stock of the work of other national and international actors in the areas covered by the Programme.

| (17) | The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as EUROJUST,
  FRA, OLAF,
  EU-LISa and the European Public Prosecutor Office,
  in order to
  take stock of the work of other national and international actors in the areas covered by the Programme
  and recommend improvements, when necessary. |
| --- | --- |

(17)

The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as EUROJUST,
  FRA, OLAF,
  EU-LISa and the European Public Prosecutor Office,
  in order to
  take stock of the work of other national and international actors in the areas covered by the Programme
  and recommend improvements, when necessary.

Amendment 33

Proposal for a regulation

Recital 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (18) | It is necessary to ensure the European added value of all actions and activities carried out within the Programme, their complementarity to Member States’ activities, and their consistency with other Union activities. In order to ensure efficient allocation of funds from the general budget of the Union, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund — and thus with the Rights and Values Programme- and between the Programme and the Single Market Programme, Border management and Security, in particular the Asylum and Migration (‘AMIF’) and the Internal Security Funds, Strategic Infrastructure in particular the Digital Europe Programme, the Erasmus+ Programme, the Framework Programme for research and innovation, the Instrument for Pre-accession Assistance, and the LIFE Regulation (13). |

Text proposed by the Commission

Amendment

(18)

It is necessary to ensure the European added value of all actions and activities carried out within the Programme, their complementarity to Member States’ activities, and their consistency with other Union activities. In order to ensure efficient allocation of funds from the general budget of the Union, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund — and thus with the Rights and Values Programme- and between the Programme and the Single Market Programme, Border management and Security, in particular the Asylum and Migration (‘AMIF’) and the Internal Security Funds, Strategic Infrastructure in particular the Digital Europe Programme, the Erasmus+ Programme, the Framework Programme for research and innovation, the Instrument for Pre-accession Assistance, and the LIFE Regulation (13).

| (18) | It is necessary to ensure the
  viability, visibility, the core principle of
  European added value,
  and sound financial management in the implementation
  of all actions and activities carried out within the
  Justice
  Programme, their complementarity to Member States’ activities, and their consistency with other Union activities. In order to ensure efficient
  and performance-based
  allocation of funds from the general budget of the Union, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund — and thus with the Rights and Values Programme- and between the Programme and the Single Market Programme, Border management and Security, in particular the Asylum and Migration (‘AMIF’) and the Internal Security Funds, Strategic Infrastructure in particular the Digital Europe Programme, the
  European Social Fund+, the
  Erasmus+ Programme, the Framework Programme for research and innovation, the Instrument for Pre-accession Assistance, and the LIFE Regulation (13)

  . The implementation of the Justice Programme should be without prejudice to, and complemented by, Union legislation and policies regarding the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in Member States;
  . |
| --- | --- |

(18)

It is necessary to ensure the
  viability, visibility, the core principle of
  European added value,
  and sound financial management in the implementation
  of all actions and activities carried out within the
  Justice
  Programme, their complementarity to Member States’ activities, and their consistency with other Union activities. In order to ensure efficient
  and performance-based
  allocation of funds from the general budget of the Union, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund — and thus with the Rights and Values Programme- and between the Programme and the Single Market Programme, Border management and Security, in particular the Asylum and Migration (‘AMIF’) and the Internal Security Funds, Strategic Infrastructure in particular the Digital Europe Programme, the
  European Social Fund+, the
  Erasmus+ Programme, the Framework Programme for research and innovation, the Instrument for Pre-accession Assistance, and the LIFE Regulation (13)

  . The implementation of the Justice Programme should be without prejudice to, and complemented by, Union legislation and policies regarding the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in Member States;
  .

Amendment 34

Proposal for a regulation

Recital 19 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19 a) | Mechanisms to ensure a link between Union funding policies and Union values should be further refined, allowing the Commission to make a proposal to the Council to transfer resources allocated to a Member State under shared management to the Programme where that Member State is subject to procedures relating to Union values. A comprehensive Union mechanism on democracy, rule of law and fundamental rights should guarantee the regular and equal review of all Member States, providing the necessary information for the activation of measures related to general deficiencies of Union values in Member States. In order to ensure uniform implementation and in view of the importance of the financial effects of measures being imposed, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to ensure effective action, reversed qualified majority voting should be used. |

Text proposed by the Commission

Amendment

(19 a)

Mechanisms to ensure a link between Union funding policies and Union values should be further refined, allowing the Commission to make a proposal to the Council to transfer resources allocated to a Member State under shared management to the Programme where that Member State is subject to procedures relating to Union values. A comprehensive Union mechanism on democracy, rule of law and fundamental rights should guarantee the regular and equal review of all Member States, providing the necessary information for the activation of measures related to general deficiencies of Union values in Member States. In order to ensure uniform implementation and in view of the importance of the financial effects of measures being imposed, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to ensure effective action, reversed qualified majority voting should be used.

Amendment 35

Proposal for a regulation

Recital 19 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19 b) | It is important to ensure sound financial management of the programme and its implementation in the most effective and user-friendly manner possible, while also ensuring legal certainty and the accessibility of the programme to all participants. |

Text proposed by the Commission

Amendment

(19 b)

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

Amendment 36

Proposal for a regulation

Recital 19 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19 c) | Improving implementation and the quality of spending should constitute guiding principles for achieving the objectives of the programme while ensuring optimal use of the financial resources. |

Text proposed by the Commission

Amendment

(19 c)

Improving implementation and the quality of spending should constitute guiding principles for achieving the objectives of the programme while ensuring optimal use of the financial resources.

Amendment 37

Proposal for a regulation

Recital 20

| Text proposed by the Commission | Amendment |
| --- | --- |
| (20) | Regulation (EU, Euratom) No [the new FR] (the ‘Financial Regulation’) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees. |

Text proposed by the Commission

Amendment

(20)

Regulation (EU, Euratom) No [the new FR] (the ‘Financial Regulation’) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees.

| (20) | Regulation (EU, Euratom) No [the new FR] (the ‘Financial Regulation’) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees
  and demands full transparency on the use of resources, sound financial management and prudent use of resources
  .
  In particular, rules concerning the possibility for local, regional, national and transnational civil society organisations to be funded through multiannual operating grants, cascading grants, provisions ensuring fast and flexible grant-making procedures, such as a two-step-application procedure, user-friendly applications and reporting procedures should be operationalised and further strengthened as part of the implementation of this Programme. Co-funding criteria should take into account volunteer work. |
| --- | --- |

(20)

Regulation (EU, Euratom) No [the new FR] (the ‘Financial Regulation’) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees
  and demands full transparency on the use of resources, sound financial management and prudent use of resources
  .
  In particular, rules concerning the possibility for local, regional, national and transnational civil society organisations to be funded through multiannual operating grants, cascading grants, provisions ensuring fast and flexible grant-making procedures, such as a two-step-application procedure, user-friendly applications and reporting procedures should be operationalised and further strengthened as part of the implementation of this Programme. Co-funding criteria should take into account volunteer work.

Amendment 38

Proposal for a regulation

Recital 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (21) | The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates
  and
  unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. |

Text proposed by the Commission

Amendment

(21)

The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates
  and
  unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.

| (21) | The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver
  the desired
  results, taking into account, in particular, the costs of controls, the administrative burden,
  the size and capacity of relevant stakeholders and targeted beneficiaries,
  and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates, unit costs
  and cascading grants
  , as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. |
| --- | --- |

(21)

The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver
  the desired
  results, taking into account, in particular, the costs of controls, the administrative burden,
  the size and capacity of relevant stakeholders and targeted beneficiaries,
  and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates, unit costs
  and cascading grants
  , as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.

Amendment 39

Proposal for a regulation

Recital 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| (22) | In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (15), Council Regulation (Euratom, EC) No 2988/95 (16) Council Regulation (Euratom, EC) No 2185/96 (17) and Council Regulation (EU) 2017/1939 (18) the financial interests of the Union are to be protected through proportionate measures, including
  the
  prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF)
  may
  carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO)
  may
  investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (19) In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. |

Text proposed by the Commission

Amendment

(22)

In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (15), Council Regulation (Euratom, EC) No 2988/95 (16) Council Regulation (Euratom, EC) No 2185/96 (17) and Council Regulation (EU) 2017/1939 (18) the financial interests of the Union are to be protected through proportionate measures, including
  the
  prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF)
  may
  carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO)
  may
  investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (19) In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights.

| (22) | In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (15), Council Regulation (Euratom, EC) No 2988/95 (16) Council Regulation (Euratom, EC) No 2185/96 (17) and Council Regulation (EU) 2017/1939 (18) the financial interests of the Union are to be protected through proportionate measures, including
  complete transparency of the Programme financing and selection procedures,
  prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF)
  should
  carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO)
  should
  investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (19) In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. |
| --- | --- |

(22)

In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (15), Council Regulation (Euratom, EC) No 2988/95 (16) Council Regulation (Euratom, EC) No 2185/96 (17) and Council Regulation (EU) 2017/1939 (18) the financial interests of the Union are to be protected through proportionate measures, including
  complete transparency of the Programme financing and selection procedures,
  prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF)
  should
  carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO)
  should
  investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (19) In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights.

Amendment 40

Proposal for a regulation

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (23) | Third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences. |

Text proposed by the Commission

Amendment

(23)

Third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences.

| (23) | Third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible,
  human rights bodies and networks, including national institutions responsible for the protection of human rights in each Member State, bodies and networks responsible for non-discrimination and equality policies, ombudsmen, the European Agency for Fundamental Rights (FRA),
  the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences,
  and enhance their synergies and cooperation
  .
  It should be possible to include third countries especially whenever their involvement fosters the objectives of the programme, taking note that it is in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or similar agreements; |
| --- | --- |

(23)

Third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible,
  human rights bodies and networks, including national institutions responsible for the protection of human rights in each Member State, bodies and networks responsible for non-discrimination and equality policies, ombudsmen, the European Agency for Fundamental Rights (FRA),
  the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences,
  and enhance their synergies and cooperation
  .
  It should be possible to include third countries especially whenever their involvement fosters the objectives of the programme, taking note that it is in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions or similar agreements;

Amendment 41

Proposal for a regulation

Recital 24 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (24 a) | The proposal for a regulation of the European Parliament and the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States aims to equip the Union to better protect its budget when weaknesses in the rule of law impair or threaten to impair sound financial management of the financial interests of the Union. It should complement the Justice programme the role of which is different, namely to further support the development of a European Area of Justice that is based on the rule of law and mutual trust, and to ensure people can enjoy their rights. |

Text proposed by the Commission

Amendment

(24 a)

The proposal for a regulation of the European Parliament and the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States aims to equip the Union to better protect its budget when weaknesses in the rule of law impair or threaten to impair sound financial management of the financial interests of the Union. It should complement the Justice programme the role of which is different, namely to further support the development of a European Area of Justice that is based on the rule of law and mutual trust, and to ensure people can enjoy their rights.

Amendment 42

Proposal for a regulation

Recital 25

| Text proposed by the Commission | Amendment |
| --- | --- |
| (25) | Pursuant to [reference to be updated as appropriate according to a new decision on OCTs: Article 94 of Council Decision 2013/755/EU (1)], persons and entities established in overseas countries and territories are eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked. |

Text proposed by the Commission

Amendment

(25)

Pursuant to [reference to be updated as appropriate according to a new decision on OCTs: Article 94 of Council Decision 2013/755/EU (1)], persons and entities established in overseas countries and territories are eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked.

| (25) | Pursuant to [reference to be updated as appropriate according to a new decision on OCTs: Article 94 of Council Decision 2013/755/EU (1)], persons and entities established in overseas countries and territories are eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked.
  It is essential that the Programme ensure that such persons and entities are sufficiently informed about their eligibility for funding. |
| --- | --- |

(25)

Pursuant to [reference to be updated as appropriate according to a new decision on OCTs: Article 94 of Council Decision 2013/755/EU (1)], persons and entities established in overseas countries and territories are eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked.
  It is essential that the Programme ensure that such persons and entities are sufficiently informed about their eligibility for funding.

Amendment 43

Proposal for a regulation

Recital 25 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (25 a) | Based on their importance and relevance, this Programme should contribute to fulfilling the commitment of the Union and its Member States to achieving the Sustainable Development Goals. |

Text proposed by the Commission

Amendment

(25 a)

Based on their importance and relevance, this Programme should contribute to fulfilling the commitment of the Union and its Member States to achieving the Sustainable Development Goals.

Amendment 44

Proposal for a regulation

Recital 27

| Text proposed by the Commission | Amendment |
| --- | --- |
| (27) | Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on
  Member States
  . These requirements, where
  appropriate, can
  include measurable indicators, as a basis for evaluating the effects of the Programme on the ground. |

Text proposed by the Commission

Amendment

(27)

Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on
  Member States
  . These requirements, where
  appropriate, can
  include measurable indicators, as a basis for evaluating the effects of the Programme on the ground.

| (27) | Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on
  Programme beneficiaries
  . These requirements, where
  possible, should
  include measurable indicators, as a basis for evaluating the effects of the Programme on the ground. |
| --- | --- |

(27)

Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on
  Programme beneficiaries
  . These requirements, where
  possible, should
  include measurable indicators, as a basis for evaluating the effects of the Programme on the ground.

Amendment 45

Proposal for a regulation

Article 1 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| It lays down the objectives of the Programme, the budget for the period 2021 — 2027, the forms of Union funding and the rules for providing such funding. | It lays down the objectives of the Programme, the budget for the period
  1 January
  2021 —
  31 December
  2027, the forms of Union funding and the rules for providing such funding. |

Text proposed by the Commission

Amendment

It lays down the objectives of the Programme, the budget for the period 2021 — 2027, the forms of Union funding and the rules for providing such funding.

It lays down the objectives of the Programme, the budget for the period
  1 January
  2021 —
  31 December
  2027, the forms of Union funding and the rules for providing such funding.

Amendment 46

Proposal for a regulation

Article 2 — paragraph 1 — point 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1. | ‘Judiciary and judicial staff’ means judges, prosecutors and court staff, as well as other justice professionals associated with the judiciary, such as lawyers, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, prison staff and probation officers. |

Text proposed by the Commission

Amendment

1.

‘Judiciary and judicial staff’ means judges, prosecutors and court staff, as well as other justice professionals associated with the judiciary, such as lawyers, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, prison staff and probation officers.

| 1. | ‘Judiciary and judicial staff’ means judges, prosecutors and court staff, as well as other justice professionals associated with the judiciary, such as
  defence and prosecution
  lawyers, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, prison staff and probation officers. |
| --- | --- |

1.

‘Judiciary and judicial staff’ means judges, prosecutors and court staff, as well as other justice professionals associated with the judiciary, such as
  defence and prosecution
  lawyers, notaries, bailiffs or enforcement officers, insolvency practitioners, mediators, court interpreters and translators, court experts, prison staff and probation officers.

Amendment 47

Proposal for a regulation

Article 3 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Programme has the general objective of contributing to the further development of a European area of justice based on the rule of law, on mutual recognition
  and
  mutual trust; | 1.   The Programme has the general objective of contributing to the further development of a European area of
  freedom, security and
  justice based on the rule of law,
  including the independence of judges and impartiality of justice,
  on mutual recognition, mutual trust
  and cross-border cooperation, thereby also contributing to the development of democracy, rule of law and fundamental rights
  ; |

Text proposed by the Commission

Amendment

1.   The Programme has the general objective of contributing to the further development of a European area of justice based on the rule of law, on mutual recognition
  and
  mutual trust;

1.   The Programme has the general objective of contributing to the further development of a European area of
  freedom, security and
  justice based on the rule of law,
  including the independence of judges and impartiality of justice,
  on mutual recognition, mutual trust
  and cross-border cooperation, thereby also contributing to the development of democracy, rule of law and fundamental rights
  ;

Amendment 48

Amendment 48

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 2 — introductory part

Article 3 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Programme has the following specific objectives
  , as further detailed in Annex I
  : | 2.   The Programme has the following specific objectives: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Programme has the following specific objectives
  , as further detailed in Annex I
  :

2.   The Programme has the following specific objectives:

Amendment 49

Amendment 49

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 2 — point a

Article 3 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | to facilitate and support judicial cooperation in civil and criminal matters, and to promote the rule of law including by supporting the efforts to improve the effectiveness of national justice systems
  and the
  enforcement of
  decision
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

to facilitate and support judicial cooperation in civil and criminal matters, and to promote the rule of law including by supporting the efforts to improve the effectiveness of national justice systems
  and the
  enforcement of
  decision
  ;

and the

decision

| (a) | within a framework of democracy and respect of fundamental rights,
  to facilitate and support judicial cooperation in civil and criminal matters,
  including cooperation beyond Union borders whenever Union law has extraterritorial applications, to strengthen access to justice for natural and legal persons
  and to promote the rule of law
  and the independence of the judiciary,
  including by supporting the efforts to improve the effectiveness of national justice systems
  , the adequate
  enforcement of
  judicial decisions and the protection of victims
  ; |
| --- | --- |

(a)

within a framework of democracy and respect of fundamental rights,
  to facilitate and support judicial cooperation in civil and criminal matters,
  including cooperation beyond Union borders whenever Union law has extraterritorial applications, to strengthen access to justice for natural and legal persons
  and to promote the rule of law
  and the independence of the judiciary,
  including by supporting the efforts to improve the effectiveness of national justice systems
  , the adequate
  enforcement of
  judicial decisions and the protection of victims
  ;

within a framework of democracy and respect of fundamental rights,

including cooperation beyond Union borders whenever Union law has extraterritorial applications, to strengthen access to justice for natural and legal persons

and the independence of the judiciary,

, the adequate

judicial decisions and the protection of victims

Amendment 50

Amendment 50

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 2 — point b

Article 3 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | to support and promote judicial training, with a view to fostering a common legal, judicial and rule of law culture; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

to support and promote judicial training, with a view to fostering a common legal, judicial and rule of law culture;

| (b) | to support and promote
  national and transnational
  judicial
  training, including legal terminology
  training, with a view to fostering a common legal, judicial and rule of law culture
  , as well as the consistent and effective implementation of the Union’s legal instruments on mutual recognition and procedural safeguards. Such training shall be gender sensitive, take into account the specific needs of children and persons with disabilities, be victim-oriented, where applicable, and cover, in particular, civil and criminal law and, where applicable, administrative law, fundamental rights as well as the fight against terrorism and radicalisation
  ; |
| --- | --- |

(b)

to support and promote
  national and transnational
  judicial
  training, including legal terminology
  training, with a view to fostering a common legal, judicial and rule of law culture
  , as well as the consistent and effective implementation of the Union’s legal instruments on mutual recognition and procedural safeguards. Such training shall be gender sensitive, take into account the specific needs of children and persons with disabilities, be victim-oriented, where applicable, and cover, in particular, civil and criminal law and, where applicable, administrative law, fundamental rights as well as the fight against terrorism and radicalisation
  ;

national and transnational

training, including legal terminology

, as well as the consistent and effective implementation of the Union’s legal instruments on mutual recognition and procedural safeguards. Such training shall be gender sensitive, take into account the specific needs of children and persons with disabilities, be victim-oriented, where applicable, and cover, in particular, civil and criminal law and, where applicable, administrative law, fundamental rights as well as the fight against terrorism and radicalisation

Amendment 51

Amendment 51

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 2 — point c

Article 3 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | to facilitate effective access to justice for all and effective redress, including by electronic means, by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

to facilitate effective access to justice for all and effective redress, including by electronic means, by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings.

| (c) | to facilitate effective
  and non-discriminatory
  access to justice for all
  , with the emphasis on inequalities and discrimination on any ground, such as the grounds listed in Article 21 of the Charter,
  and effective redress, including by electronic means
  (e-justice)
  , by promoting efficient civil, and criminal procedures
  and, where applicable, administrative procedures,
  and by promoting and supporting the rights of
  all
  victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings
  , giving particular attention to children and women
  . |
| --- | --- |

(c)

to facilitate effective
  and non-discriminatory
  access to justice for all
  , with the emphasis on inequalities and discrimination on any ground, such as the grounds listed in Article 21 of the Charter,
  and effective redress, including by electronic means
  (e-justice)
  , by promoting efficient civil, and criminal procedures
  and, where applicable, administrative procedures,
  and by promoting and supporting the rights of
  all
  victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings
  , giving particular attention to children and women
  .

and non-discriminatory

, with the emphasis on inequalities and discrimination on any ground, such as the grounds listed in Article 21 of the Charter,

(e-justice)

and, where applicable, administrative procedures,

all

, giving particular attention to children and women

Amendment 52

Amendment 52

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 2 — point c a (new)

Article 3 — paragraph 2 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | to promote the practical application of drug-related research, to support civil society organisations, to expand the knowledge base in the field, and develop innovative methods of addressing the phenomena of new psychoactive substances and trafficking in human beings and goods. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

to promote the practical application of drug-related research, to support civil society organisations, to expand the knowledge base in the field, and develop innovative methods of addressing the phenomena of new psychoactive substances and trafficking in human beings and goods.

to promote the practical application of drug-related research, to support civil society organisations, to expand the knowledge base in the field, and develop innovative methods of addressing the phenomena of new psychoactive substances and trafficking in human beings and goods.

Amendment 53

Amendment 53

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 2 a (new)

Article 3 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2 a.
     
  In the implementation of all of its actions, the Programme shall seek to support and promote, as a horizontal objective, the protection of equal rights and the principle of non-discrimination enshrined in Article 21 of the Charter. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2 a.
     
  In the implementation of all of its actions, the Programme shall seek to support and promote, as a horizontal objective, the protection of equal rights and the principle of non-discrimination enshrined in Article 21 of the Charter.

Amendment 54

Amendment 54

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1

Article 4 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The financial envelope for the implementation of the Programme for the period 2021 — 2027 shall be EUR
  [305 000 000 ]
  in current prices. | 1.   
  Within the meaning of [reference to be updated as appropriate according to the new inter-institutional agreement] point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management,
  the financial envelope for the implementation of the Programme for the period 2021 — 2027
  , representing the prime reference for the budgetary authority during the annual budgetary procedure,
  shall be EUR
  316 000 000 in 2018 prices (EUR 356 000 000
  in current prices). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The financial envelope for the implementation of the Programme for the period 2021 — 2027 shall be EUR
  [305 000 000 ]
  in current prices.

1.   
  Within the meaning of [reference to be updated as appropriate according to the new inter-institutional agreement] point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management,
  the financial envelope for the implementation of the Programme for the period 2021 — 2027
  , representing the prime reference for the budgetary authority during the annual budgetary procedure,
  shall be EUR
  316 000 000 in 2018 prices (EUR 356 000 000
  in current prices).

Amendment 55

Amendment 55

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 2 a (new)

Article 4 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2 a.
     
  The budget allocated for actions linked to the promotion of gender equality shall be indicated annually; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2 a.
     
  The budget allocated for actions linked to the promotion of gender equality shall be indicated annually;

Amendment 56

Amendment 56

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 4

Article 4 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Resources allocated to Member States under shared management may, at their request, be transferred to the Programme. The Commission shall implement those resources directly in accordance with Article 62(1)(a) of the Financial Regulation
  or indirectly in accordance with Article 62(1)(c)
  . Where possible those resources shall be used for the benefit of the Member State concerned. | 4.   Resources allocated to Member States under shared management may, at their request
  , or at the request of the Commission
  , be transferred to the Programme. The Commission shall implement those resources directly in accordance with Article 62(1)(a) of the Financial Regulation. Where possible those resources shall be used for the benefit of the Member State concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Resources allocated to Member States under shared management may, at their request, be transferred to the Programme. The Commission shall implement those resources directly in accordance with Article 62(1)(a) of the Financial Regulation
  or indirectly in accordance with Article 62(1)(c)
  . Where possible those resources shall be used for the benefit of the Member State concerned.

4.   Resources allocated to Member States under shared management may, at their request
  , or at the request of the Commission
  , be transferred to the Programme. The Commission shall implement those resources directly in accordance with Article 62(1)(a) of the Financial Regulation. Where possible those resources shall be used for the benefit of the Member State concerned.

Amendment 58

Amendment 58

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 2

Article 6 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Programme may provide funding in any of the forms laid down in the Financial Regulation. | 2.   The Programme may provide funding in any of the forms laid down in the Financial Regulation
  , primarily through action grants as well as annual and multiannual operating grants
  .
  That funding shall ensure sound financial management, prudent use of public funds, lower levels of administrative burden for the Programme operator and for beneficiaries, as well as accessibility of the Programme funds to potential beneficiaries. It may use lump sums, unit costs, flat rates, cascading grants and financial support to third parties. Co-funding shall be accepted in kind, and may be waived in cases of limited complementary funding. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Programme may provide funding in any of the forms laid down in the Financial Regulation.

2.   The Programme may provide funding in any of the forms laid down in the Financial Regulation
  , primarily through action grants as well as annual and multiannual operating grants
  .
  That funding shall ensure sound financial management, prudent use of public funds, lower levels of administrative burden for the Programme operator and for beneficiaries, as well as accessibility of the Programme funds to potential beneficiaries. It may use lump sums, unit costs, flat rates, cascading grants and financial support to third parties. Co-funding shall be accepted in kind, and may be waived in cases of limited complementary funding.

Amendment 59

Amendment 59

Proposal for a regulation

Proposal for a regulation

Article 7

Article 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 7 | Article 7 |
| Type of actions | Type of actions |
| Actions contributing to the achievement of a specific objective specified in Article 3 may receive funding under this Regulation. In particular, activities
  listed in Annex I
  shall be eligible for funding. | Actions contributing to the achievement of a specific objective specified in Article 3 may receive funding under this Regulation. In particular,
  the following
  activities shall be eligible for funding: |
| | (1) | awareness-raising, dissemination of information to improve the knowledge of Union policies and of Union law including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union, and of comparative law and of European and international standards, with a special focus on increasing the understanding of multi-, cross- and interdisciplinary areas of law, such as trade and human rights, and on how to facilitate extraterritorial litigation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 7

Article 7

Type of actions

Type of actions

Actions contributing to the achievement of a specific objective specified in Article 3 may receive funding under this Regulation. In particular, activities
  listed in Annex I
  shall be eligible for funding.

listed in Annex I

Actions contributing to the achievement of a specific objective specified in Article 3 may receive funding under this Regulation. In particular,
  the following
  activities shall be eligible for funding:

the following

(1)

(1)

awareness-raising, dissemination of information to improve the knowledge of Union policies and of Union law including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union, and of comparative law and of European and international standards, with a special focus on increasing the understanding of multi-, cross- and interdisciplinary areas of law, such as trade and human rights, and on how to facilitate extraterritorial litigation;

| (2) | mutual learning through exchange of good practices among stakeholders, including civil society organisations, to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law and access to justice, and through enhancing mutual trust as well as exchange of good practices relating to a child-friendly justice and the promotion and incorporation of the gender perspective throughout the judicial system; |
| --- | --- |

(2)

(2)

mutual learning through exchange of good practices among stakeholders, including civil society organisations, to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law and access to justice, and through enhancing mutual trust as well as exchange of good practices relating to a child-friendly justice and the promotion and incorporation of the gender perspective throughout the judicial system;

| (3) | training courses for judges, lawyers, prosecutors and police and other people working in the justice system about the challenges and obstacles experienced by people in a vulnerable situation including children, ethnic minorities, LGBTI people, persons with disabilities, victims of gender-based and other forms of interpersonal violence and victims of trafficking, and about how to ensure victims of crimes are properly protected; |
| --- | --- |

(3)

(3)

training courses for judges, lawyers, prosecutors and police and other people working in the justice system about the challenges and obstacles experienced by people in a vulnerable situation including children, ethnic minorities, LGBTI people, persons with disabilities, victims of gender-based and other forms of interpersonal violence and victims of trafficking, and about how to ensure victims of crimes are properly protected;

| (4) | analytical and monitoring activities to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States, also taking into account the effects of Union law on third countries; |
| --- | --- |

(4)

(4)

analytical and monitoring activities to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States, also taking into account the effects of Union law on third countries;

| (5) | activities to improve the smooth functioning of a European area of justice, including by monitoring democracy, the rule of law and fundamental rights in Member States and research on how to eliminate obstacles to universal, non-discriminatory and effective access to justice for all; |
| --- | --- |

(5)

(5)

activities to improve the smooth functioning of a European area of justice, including by monitoring democracy, the rule of law and fundamental rights in Member States and research on how to eliminate obstacles to universal, non-discriminatory and effective access to justice for all;

| (6) | initiatives addressing gender balance disparities among the Member States' judiciaries and judicial staff through training either tailored to female professionals, or targeting both female and male professional, raising awareness on issues like the low proportion of female judges in higher levels of the judiciary or the need for transparency and objective criteria during appointment procedures; |
| --- | --- |

(6)

(6)

initiatives addressing gender balance disparities among the Member States' judiciaries and judicial staff through training either tailored to female professionals, or targeting both female and male professional, raising awareness on issues like the low proportion of female judges in higher levels of the judiciary or the need for transparency and objective criteria during appointment procedures;

| (7) | training relevant stakeholders, including civil society organisations active in the defence of victims of crimes and in bringing forward redress actions, to improve the knowledge of Union policies and law, including inter alia substantive and procedural law, fundamental rights, support and protection of victims of crime, use of collective redress and universal jurisdiction, the use of Union judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law; |
| --- | --- |

(7)

(7)

training relevant stakeholders, including civil society organisations active in the defence of victims of crimes and in bringing forward redress actions, to improve the knowledge of Union policies and law, including inter alia substantive and procedural law, fundamental rights, support and protection of victims of crime, use of collective redress and universal jurisdiction, the use of Union judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law;

| (8) | multidisciplinary training of judicial staff and other relevant stakeholders in the field of penitentiary law, detention and prison management, in order to facilitate the dissemination of best practices; |
| --- | --- |

(8)

(8)

multidisciplinary training of judicial staff and other relevant stakeholders in the field of penitentiary law, detention and prison management, in order to facilitate the dissemination of best practices;

| (9) | multidisciplinary training of judicial staff and other relevant stakeholders in the field of juvenile justice, in order to prepare and promote the proper implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused person in criminal proceedings; |
| --- | --- |

(9)

(9)

multidisciplinary training of judicial staff and other relevant stakeholders in the field of juvenile justice, in order to prepare and promote the proper implementation of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused person in criminal proceedings;

| (10) | information and Communication Technology (ICT) as well as e-justice tools development and maintenance to improve the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications, privacy and data protection; |
| --- | --- |

(10)

(10)

information and Communication Technology (ICT) as well as e-justice tools development and maintenance to improve the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications, privacy and data protection;

| (11) | developing capacity of key European level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme; |
| --- | --- |

(11)

(11)

developing capacity of key European level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme;

| (12) | structural support for civil society organisations and other relevant stakeholders active in the areas covered by the Programme and capacity building and training of legal experts working for those organisations, as well as for particular activities of such organisations including advocacy, networking activities, litigation relating to violations of democracy, the rule of law and fundamental rights, public mobilisation and education, and the provision of relevant services; |
| --- | --- |

(12)

(12)

structural support for civil society organisations and other relevant stakeholders active in the areas covered by the Programme and capacity building and training of legal experts working for those organisations, as well as for particular activities of such organisations including advocacy, networking activities, litigation relating to violations of democracy, the rule of law and fundamental rights, public mobilisation and education, and the provision of relevant services;

| (13) | enhancing knowledge of the programme and dissemination, transferability and transparency of its results and fostering citizen outreach, including by setting up and supporting independent programme desks/national contact network; |
| --- | --- |

(13)

(13)

enhancing knowledge of the programme and dissemination, transferability and transparency of its results and fostering citizen outreach, including by setting up and supporting independent programme desks/national contact network;

| (14) | benchmarks studies, research, analyses and surveys, evaluations, impact assessment, the elaboration and publication of guides, reports and educational material. |
| --- | --- |

(14)

(14)

benchmarks studies, research, analyses and surveys, evaluations, impact assessment, the elaboration and publication of guides, reports and educational material.

Amendment 60

Amendment 60

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1

Article 9 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   An action that has received a contribution under the Programme may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs. [The cumulative financing shall not exceed the total eligible costs of the action and the support from different Union programmes may be calculated on a pro-rata basis]. | 1.   An action that has received a contribution under the Programme may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs
  , and double-sourcing of Funds is avoided by clearly indicating the sources of funding for each category of expenditure, in line with the principle of sound financial management
  . [The cumulative financing shall not exceed the total eligible costs of the action and the support from different Union programmes may be calculated on a pro-rata basis]. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   An action that has received a contribution under the Programme may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs. [The cumulative financing shall not exceed the total eligible costs of the action and the support from different Union programmes may be calculated on a pro-rata basis].

1.   An action that has received a contribution under the Programme may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs
  , and double-sourcing of Funds is avoided by clearly indicating the sources of funding for each category of expenditure, in line with the principle of sound financial management
  . [The cumulative financing shall not exceed the total eligible costs of the action and the support from different Union programmes may be calculated on a pro-rata basis].

Amendment 61

Amendment 61

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 3 — subparagraph 2 — point a

Article 9 — paragraph 3 — subparagraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | they have been assessed in a call for proposals under the Programme; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

they have been assessed in a call for proposals under the Programme;

| (a) | they have been
  properly
  assessed in a call for proposals under the Programme; |
| --- | --- |

(a)

they have been
  properly
  assessed in a call for proposals under the Programme;

properly

Amendment 62

Amendment 62

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 3

Article 10 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   An operating grant
  may
  be awarded without a call for proposals to the European Judicial Training Network to cover expenditure associated with its permanent work programme. | 3.   An operating grant
  shall
  be awarded without a call for proposals to the European Judicial Training Network to cover expenditure associated with its permanent work programme. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   An operating grant
  may
  be awarded without a call for proposals to the European Judicial Training Network to cover expenditure associated with its permanent work programme.

3.   An operating grant
  shall
  be awarded without a call for proposals to the European Judicial Training Network to cover expenditure associated with its permanent work programme.

Amendment 63

Amendment 63

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 2

Article 11 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The work programme shall be adopted by the Commission by means of
  an implementing act. That implementing
  act shall be adopted in accordance with
  the advisory procedure referred to in
  Article
  17
  . | 2.   The work programme shall be adopted by the Commission by means of
  a delegated act. That delegated
  act shall be adopted in accordance with Article
  14
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The work programme shall be adopted by the Commission by means of
  an implementing act. That implementing
  act shall be adopted in accordance with
  the advisory procedure referred to in
  Article
  17
  .

2.   The work programme shall be adopted by the Commission by means of
  a delegated act. That delegated
  act shall be adopted in accordance with Article
  14
  .

Amendment 65

Amendment 65

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 1

Article 12 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Indicators to report on progress of the Programme towards the achievement of the specific objectives set out in Article 3 are set out
  in Annex II
  . | 1.   Indicators to report on progress of the Programme towards the achievement of the specific objectives set out in Article 3 are set out
  in the Annex. The data collected for monitoring and reporting shall, where applicable, be disaggregated by gender, age and staff category
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Indicators to report on progress of the Programme towards the achievement of the specific objectives set out in Article 3 are set out
  in Annex II
  .

1.   Indicators to report on progress of the Programme towards the achievement of the specific objectives set out in Article 3 are set out
  in the Annex. The data collected for monitoring and reporting shall, where applicable, be disaggregated by gender, age and staff category
  .

Amendment 66

Amendment 66

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 a (new)

Article 12 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2 a.
     
  The monitoring shall also provide a means of assessing the way in which gender equality and non-discrimination have been addressed across the Programme's actions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2 a.
     
  The monitoring shall also provide a means of assessing the way in which gender equality and non-discrimination have been addressed across the Programme's actions.

Amendment 67

Amendment 67

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 3

Article 12 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in
  a
  timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and Member States. | 3.   The performance reporting system shall ensure that
  correct
  data for monitoring programme implementation and results are collected efficiently, effectively, and in
  an accurate and
  timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and Member States.
  The Commission shall make available user-friendly formats and provide orientation and support, in particular to applicants and beneficiaries who may not have adequate resources and staff to meet reporting requirements. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in
  a
  timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and Member States.

3.   The performance reporting system shall ensure that
  correct
  data for monitoring programme implementation and results are collected efficiently, effectively, and in
  an accurate and
  timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and Member States.
  The Commission shall make available user-friendly formats and provide orientation and support, in particular to applicants and beneficiaries who may not have adequate resources and staff to meet reporting requirements.

Amendment 68

Amendment 68

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 1

Article 13 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Evaluations shall be carried out in a timely manner to feed into the decision-making process. | 1.   Evaluations shall be carried out in a timely
  and well documented
  manner to feed into the decision-making process
  and to monitor the implementation of actions carried out under the Programme and the achievement of the objectives set out in Article 3
  .
  All evaluations shall be gender sensitive and include a detailed analysis of the programme budget dedicated to gender equality-related activities. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Evaluations shall be carried out in a timely manner to feed into the decision-making process.

1.   Evaluations shall be carried out in a timely
  and well documented
  manner to feed into the decision-making process
  and to monitor the implementation of actions carried out under the Programme and the achievement of the objectives set out in Article 3
  .
  All evaluations shall be gender sensitive and include a detailed analysis of the programme budget dedicated to gender equality-related activities.

Amendment 69

Amendment 69

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 2

Article 13 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The interim evaluation of the Programme shall be carried out once there is sufficient information available about the implementation of the Programme, but no later than
  four
  years after the start of the programme implementation. | 2.   The interim evaluation of the Programme shall be carried out once there is sufficient information available about the implementation of the Programme, but no later than
  three
  years after the start of the programme implementation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The interim evaluation of the Programme shall be carried out once there is sufficient information available about the implementation of the Programme, but no later than
  four
  years after the start of the programme implementation.

2.   The interim evaluation of the Programme shall be carried out once there is sufficient information available about the implementation of the Programme, but no later than
  three
  years after the start of the programme implementation.

Amendment 70

Amendment 70

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 3

Article 13 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   At the end of the implementation of the Programme, but no later than
  four
  years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission. | 3.   At the end of the implementation of the Programme, but no later than
  three
  years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   At the end of the implementation of the Programme, but no later than
  four
  years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission.

3.   At the end of the implementation of the Programme, but no later than
  three
  years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission.

Amendment 71

Amendment 71

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 3 a (new)

Article 13 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3 a.
     
  The interim and final evaluation of the Programme shall assess, inter alia: |
| | (a) | the perceived impact of the Programme on access to justice based on qualitative and quantitative data collected at European level; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3 a.
     
  The interim and final evaluation of the Programme shall assess, inter alia:

(a)

(a)

the perceived impact of the Programme on access to justice based on qualitative and quantitative data collected at European level;

the perceived impact of the Programme on access to justice based on qualitative and quantitative data collected at European level;

| (b) | the number and quality of instruments and tools developed through actions funded by the Programme; |
| --- | --- |

(b)

(b)

the number and quality of instruments and tools developed through actions funded by the Programme;

the number and quality of instruments and tools developed through actions funded by the Programme;

| (c) | the European added value of the Programme; |
| --- | --- |

(c)

(c)

the European added value of the Programme;

the European added value of the Programme;

| (d) | the level of funding in relation to the outcomes achieved; |
| --- | --- |

(d)

(d)

the level of funding in relation to the outcomes achieved;

the level of funding in relation to the outcomes achieved;

| (e) | potential administrative, organisational and/or structural obstacles to the smoother, more effective and efficient implementation of the Programme. |
| --- | --- |

(e)

(e)

potential administrative, organisational and/or structural obstacles to the smoother, more effective and efficient implementation of the Programme.

potential administrative, organisational and/or structural obstacles to the smoother, more effective and efficient implementation of the Programme.

Amendment 72

Amendment 72

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 4

Article 14 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. | 4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.
  The group of experts consulted shall be gender balanced. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.
  The group of experts consulted shall be gender balanced.

Amendment 73

Amendment 73

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 1

Article 16 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. | 1.   The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information
  on the European added value of the Programme
  to multiple audiences, including the media and the public
  , thereby showing the Union added value and aiding the data gathering efforts of the Commission in order to enhance budgetary transparency
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.

1.   The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information
  on the European added value of the Programme
  to multiple audiences, including the media and the public
  , thereby showing the Union added value and aiding the data gathering efforts of the Commission in order to enhance budgetary transparency
  .

Amendment 74

Amendment 74

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 1

Article 17 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission shall be assisted by a committee. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011. | 1.   The Commission shall be assisted by a committee. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011
  , and shall be assisted by the relevant civil society and human rights organisations
  .
  Gender balance and appropriate representation of minority and other excluded groups in the Committee shall be safeguarded. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

1.   The Commission shall be assisted by a committee. This committee shall be a committee within the meaning of Regulation (EU) No 182/2011
  , and shall be assisted by the relevant civil society and human rights organisations
  .
  Gender balance and appropriate representation of minority and other excluded groups in the Committee shall be safeguarded.

Amendment 75

Amendment 75

Proposal for a regulation

Proposal for a regulation

Annex I

Annex I

| Text proposed by the Commission | Amendment |
| --- | --- |
| Annex I | deleted |
| Activities of the programme | |
| The specific objectives of the Programme referred to in Article 3 (2) will be pursued in particular through support to the following activities: | |
| 1. | awareness raising, dissemination of information to improve the knowledge of Union policies and of Union law including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union, and of comparative law and of European and international standards; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Annex I

Annex I

deleted

deleted

Activities of the programme

Activities of the programme

The specific objectives of the Programme referred to in Article 3 (2) will be pursued in particular through support to the following activities:

The specific objectives of the Programme referred to in Article 3 (2) will be pursued in particular through support to the following activities:

1.

1.

awareness raising, dissemination of information to improve the knowledge of Union policies and of Union law including substantive and procedural law, of judicial cooperation instruments, of the relevant case-law of the Court of Justice of the European Union, and of comparative law and of European and international standards;

| 2. | mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law, and enhancing mutual trust; |
| --- | --- |

2.

2.

mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding of the civil and criminal law and the legal and judicial systems of the Member States, including the rule of law, and enhancing mutual trust;

| 3. | analytical and monitoring activities

   (25)

  to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States; |
| --- | --- |

3.

3.

analytical and monitoring activities

25

to improve the knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice and to improve the implementation of Union law and policies in the Member States;

| 4. | training relevant stakeholders to improve the knowledge of Union policies and Union law including inter alia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law. |
| --- | --- |

4.

4.

training relevant stakeholders to improve the knowledge of Union policies and Union law including inter alia substantive and procedural law, the use of EU judicial cooperation instruments, the relevant case-law of the Court of Justice of the European Union, legal language and of comparative law.

| 5. | information and Communication Technology (ICT) tools development and maintenance to improve the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications. |
| --- | --- |

5.

5.

information and Communication Technology (ICT) tools development and maintenance to improve the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications.

| 6. | developing capacity of key European level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme, as well as supporting civil society organisations active in the areas covered by the Programme. |
| --- | --- |

6.

6.

developing capacity of key European level networks and European judicial networks, including networks established by Union law to ensure the effective application and enforcement of Union law, to promote and further develop Union law, policy goals and strategies in the areas of the programme, as well as supporting civil society organisations active in the areas covered by the Programme.

| 7. | enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach, including by setting up and supporting programme desks/national contact network. |
| --- | --- |

7.

7.

enhancing knowledge of the programme and dissemination and transferability of its results and fostering citizen outreach, including by setting up and supporting programme desks/national contact network.

Amendment 76

Amendment 76

Proposal for a regulation

Proposal for a regulation

Annex II — paragraph 1 — introductory part

Annex II — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| Annex II | Indicators |
| The Programme will be monitored on the basis of a set of indicators intended to measure the extent to which the general and specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs. To that end, data will be collected as regards the following set of key indicators: | Annex |
| Indicators | The Programme will be monitored on the basis of a set of
  qualitative and quantitative
  indicators intended to measure the extent to which the general and specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs
  and to maximising the effectiveness of justice systems
  . To that end
  , while respecting rights related to privacy and data protection
  , data will be collected
  and, where applicable, disaggregated by gender, age and staff category
  as regards the following set of key indicators: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Annex II

Annex II

Indicators

The Programme will be monitored on the basis of a set of indicators intended to measure the extent to which the general and specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs. To that end, data will be collected as regards the following set of key indicators:

Annex

Annex

Indicators

The Programme will be monitored on the basis of a set of
  qualitative and quantitative
  indicators intended to measure the extent to which the general and specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs
  and to maximising the effectiveness of justice systems
  . To that end
  , while respecting rights related to privacy and data protection
  , data will be collected
  and, where applicable, disaggregated by gender, age and staff category
  as regards the following set of key indicators:

qualitative and quantitative

and to maximising the effectiveness of justice systems

, while respecting rights related to privacy and data protection

and, where applicable, disaggregated by gender, age and staff category

Amendment 77

Amendment 77

Proposal for a regulation

Proposal for a regulation

Annex II — paragraph 1 — table

Annex II — paragraph 1 — table

| Text proposed by the Commission | Amendment |
| --- | --- |
| Number of members of the judiciary and judicial staff who participated in training activities (including staff exchanges, study visits, workshops and seminars) funded by the Programme, including by the operating grant of the EJTN | Number of members of the judiciary and judicial staff who participated in training activities (including staff exchanges, study visits, workshops and seminars) funded by the Programme, including by the operating grant of the EJTN |
| | Number of staff and members of civil society organisations who participated in training activities |
| Number of exchanges of information in the European Criminal Records Information System (ECRIS) | Number of exchanges of information in the European Criminal Records Information System (ECRIS) |
| | Number of cases and activities, and level of output of cross-border cooperation, including cooperation by means of information technology tools and procedures established at Union level |
| Number of hits on the e-Justice portal / pages addressing the need for information on cross-border civil cases | |
| Number of people reached by: | Number of people reached by: |
| (i) | mutual learning and exchange of good practices activities; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Number of members of the judiciary and judicial staff who participated in training activities (including staff exchanges, study visits, workshops and seminars) funded by the Programme, including by the operating grant of the EJTN

Number of members of the judiciary and judicial staff who participated in training activities (including staff exchanges, study visits, workshops and seminars) funded by the Programme, including by the operating grant of the EJTN

Number of staff and members of civil society organisations who participated in training activities

Number of staff and members of civil society organisations who participated in training activities

Number of exchanges of information in the European Criminal Records Information System (ECRIS)

Number of exchanges of information in the European Criminal Records Information System (ECRIS)

Number of cases and activities, and level of output of cross-border cooperation, including cooperation by means of information technology tools and procedures established at Union level

Number of cases and activities, and level of output of cross-border cooperation, including cooperation by means of information technology tools and procedures established at Union level

Number of hits on the e-Justice portal / pages addressing the need for information on cross-border civil cases

Number of hits on the e-Justice portal / pages addressing the need for information on cross-border civil cases

Number of people reached by:

Number of people reached by:

(i)

mutual learning and exchange of good practices activities;

| (i) | mutual learning and exchange of good practices activities; |
| --- | --- |

(i)

mutual learning and exchange of good practices activities;

| (ii) | awareness raising, information and dissemination activities |
| --- | --- |

(ii)

awareness raising, information and dissemination activities

| (ii) | awareness raising, information and dissemination activities |
| --- | --- |

(ii)

awareness raising, information and dissemination activities

| (iia) | capacity-building activities targeted at civil society organisations; |
| --- | --- |

(iia)

(iia)

capacity-building activities targeted at civil society organisations;

capacity-building activities targeted at civil society organisations;

| (iib) | activities related to providing people with information on access to justice; |
| --- | --- |

(iib)

(iib)

activities related to providing people with information on access to justice;

activities related to providing people with information on access to justice;

| (iic) | activities for judges on litigation challenges and how to apply private international law and Union law in cross border/multidisciplinary cases; |
| --- | --- |

(iic)

(iic)

activities for judges on litigation challenges and how to apply private international law and Union law in cross border/multidisciplinary cases;

activities for judges on litigation challenges and how to apply private international law and Union law in cross border/multidisciplinary cases;

| (iid) | awareness-raising activities funded by the Programme. |
| --- | --- |

(iid)

(iid)

awareness-raising activities funded by the Programme.

awareness-raising activities funded by the Programme.

Geographical coverage of the activities funded by the Programme

Geographical coverage of the activities funded by the Programme

Participants' assessment of the activities in which they participated and of their expected sustainability

Participants' assessment of the activities in which they participated and of their expected sustainability

---

(1)  The matter was referred back for interinstitutional negotiations to the committees responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0068/2019).

1

(10)  Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62)

10

(11)  Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p. 3)

11

(12)  Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).

12

(10)  Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62)

10

(11)  Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014-2020 (OJ L 115, 17.4.2014, p. 3)

11

(12)  Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62).

12

(1a)  
  CJEU, Grand Chamber, 27 February 2018, C-64/16, Asociação Sindical dos Juízes Portugueses, ECLI:EU:C:2018:117; CJEU, Grand Chamber, 25 July 2018, C-216/18 PPU, L.M., ECLI:EU:C:2018:586.

1a

CJEU, Grand Chamber, 27 February 2018, C-64/16, Asociação Sindical dos Juízes Portugueses, ECLI:EU:C:2018:117; CJEU, Grand Chamber, 25 July 2018, C-216/18 PPU, L.M., ECLI:EU:C:2018:586.

(13)  Regulation (EU) No 1293/2013 of the European Parliament and of the Council of 11 December 2013 on the establishment of a Programme for the Environment and Climate Action (LIFE) and repealing Regulation (EC) No 614/2007
  Text with EEA relevance

13

Text with EEA relevance

(13)  Regulation (EU) No 1293/2013 of the European Parliament and of the Council of 11 December 2013 on the establishment of a Programme for the Environment and Climate Action (LIFE) and repealing Regulation (EC) No 614/2007
  (OJ L 347, 20.12.2013, p. 185).

13

(OJ L 347, 20.12.2013, p. 185).

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

15

(16)  Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).

16

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

17

(18)  Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

18

(19)  Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

19

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

15

(16)  Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).

16

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

17

(18)  Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

18

(19)  Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

19

(1)  Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (Overseas Association Decision) (OJ L 344, 19.12.2013, p. 1).

1

(1)  Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (Overseas Association Decision) (OJ L 344, 19.12.2013, p. 1).

1

(25)  
  These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.

25

These activities include for instance the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; impact assessment; the elaboration and publication of guides, reports and educational material.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/530 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/530

---

P8_TA(2019)0099

Non-objection to a delegated act: geographical breakdown levels

European Parliament decision to raise no objections to the Commission delegated regulation of 19 December 2018 amending Annex I to Regulation (EC) No 184/2005 of the European Parliament and of the Council, as regards the geographical breakdown levels (C(2018)08872 — 2018/3002(DEA))

(2020/C 449/52)

The European Parliament,

| — | having regard to the Commission delegated regulation (C(2018)08872), |
| --- | --- |

—

having regard to the Commission delegated regulation (C(2018)08872),

| — | having regard to the letter from the Committee on International Trade to the Chair of the Conference of Committee Chairs of 28 January 2019, |
| --- | --- |

—

having regard to the letter from the Committee on International Trade to the Chair of the Conference of Committee Chairs of 28 January 2019,

| — | having regard to Article 290 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 290 of the Treaty on the Functioning of the European Union,

| — | having regard to Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment (1), and in particular Articles 2(3) and 10(6) thereof, |
| --- | --- |

—

having regard to Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment (1), and in particular Articles 2(3) and 10(6) thereof,

| — | having regard to the recommendation for a decision of the Committee on International Trade, |
| --- | --- |

—

having regard to the recommendation for a decision of the Committee on International Trade,

| — | having regard to Rule 105(6) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(6) of its Rules of Procedure,

| A. | whereas the United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union; whereas the Treaties will cease to apply to the United Kingdom from the date of entry into force of a withdrawal agreement or failing that, two years after that notification, that is to say from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period; |
| --- | --- |

A.

whereas the United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union; whereas the Treaties will cease to apply to the United Kingdom from the date of entry into force of a withdrawal agreement or failing that, two years after that notification, that is to say from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period;

| B. | whereas Regulation (EC) No 184/2005 establishes a common framework for the systematic production of Community statistics on balance of payments, international trade in services and foreign direct investment; |
| --- | --- |

B.

whereas Regulation (EC) No 184/2005 establishes a common framework for the systematic production of Community statistics on balance of payments, international trade in services and foreign direct investment;

| C. | whereas withdrawal of the United Kingdom from the Union would have the consequence that the United Kingdom would become a third country and therefore Community statistics concerning balance of payments, international trade in services and foreign direct investment would have to reflect the United Kingdom as a third country, rather than a Member State; |
| --- | --- |

C.

whereas withdrawal of the United Kingdom from the Union would have the consequence that the United Kingdom would become a third country and therefore Community statistics concerning balance of payments, international trade in services and foreign direct investment would have to reflect the United Kingdom as a third country, rather than a Member State;

| D. | whereas the only modifications that the delegated regulation C(2018)08872 provides are to classify the United Kingdom as a third country for the purposes of application of Regulation (EC) No 184/2005; |
| --- | --- |

D.

whereas the only modifications that the delegated regulation C(2018)08872 provides are to classify the United Kingdom as a third country for the purposes of application of Regulation (EC) No 184/2005;

| E. | whereas swift publication of the delegated regulation in the Official Journal of the EU would allow for more legal certainty and appropriate time for implementation before 30 March 2019; |
| --- | --- |

E.

whereas swift publication of the delegated regulation in the Official Journal of the EU would allow for more legal certainty and appropriate time for implementation before 30 March 2019;

| 1. | Declares that it has no objections to the delegated regulation C(2018)08872; |
| --- | --- |

1.

| 2. | Instructs its President to forward this decision to the Council and the Commission. |
| --- | --- |

2.

---

(1)  OJ L 35, 8.2.2005, p. 23.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/531 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/531

---

P8_TA(2019)0100

Non-objection to a delegated act: regulatory technical standards on the clearing obligation to extend the dates of deferred application of the clearing obligation for certain OTC derivative contracts

European Parliament decision to raise no objections to the Commission delegated regulation of 19 December 2018 amending Delegated Regulation (EU) 2015/2205, Delegated Regulation (EU) 2016/592 and Delegated Regulation (EU) 2016/1178 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on the clearing obligation to extend the dates of deferred application of the clearing obligation for certain OTC derivative contracts (C(2018)09047 — 2018/2998(DEA))

(2020/C 449/53)

The European Parliament,

| — | having regard to the Commission delegated regulation (C(2018)09047), |
| --- | --- |

—

having regard to the Commission delegated regulation (C(2018)09047),

| — | having regard to the Commission’s letter of 19 December 2018 asking Parliament to declare that it will raise no objections to the delegated regulation, |
| --- | --- |

—

having regard to the Commission’s letter of 19 December 2018 asking Parliament to declare that it will raise no objections to the delegated regulation,

| — | having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 4 February 2019, |
| --- | --- |

—

having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 4 February 2019,

| — | having regard to Article 290 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 290 of the Treaty on the Functioning of the European Union,

| — | having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (1), and in particular Articles 5(2) and 82(6) thereof, |
| --- | --- |

—

having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (1), and in particular Articles 5(2) and 82(6) thereof,

| — | having regard to Article 13 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (2), |
| --- | --- |

—

having regard to Article 13 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (2),

| — | having regard to the draft regulatory technical standards (RTS) entitled ‘Clearing Obligation under EMIR (no. 6)’, submitted by the European Supervisory Authorities on 27 September 2018 pursuant to Article 5(2) of Regulation (EU) No 648/2012, |
| --- | --- |

—

having regard to the draft regulatory technical standards (RTS) entitled ‘Clearing Obligation under EMIR (no. 6)’, submitted by the European Supervisory Authorities on 27 September 2018 pursuant to Article 5(2) of Regulation (EU) No 648/2012,

| — | having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs, |
| --- | --- |

—

having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

| — | having regard to Rule 105(6) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(6) of its Rules of Procedure,

| A. | whereas the delegated act contains important details related to exemption from the clearing obligation for intragroup transactions with third-country group entities, where no equivalence decision under Article 13(2) of Regulation (EU) No 648/2012 has been adopted for the third country in which that group entity is established; |
| --- | --- |

A.

whereas the delegated act contains important details related to exemption from the clearing obligation for intragroup transactions with third-country group entities, where no equivalence decision under Article 13(2) of Regulation (EU) No 648/2012 has been adopted for the third country in which that group entity is established;

| B. | whereas Parliament recognises the importance of the swift adoption of this act, since the Commission has not yet adopted such equivalence decisions and the first deferred date of application of the clearing obligation was 21 December 2018, but also believes that the Commission unnecessarily delayed the adoption of this act until 19 December 2018, while the European Securities and Markets Authority (ESMA) published its draft RTS as early as 27 September 2018; |
| --- | --- |

B.

whereas Parliament recognises the importance of the swift adoption of this act, since the Commission has not yet adopted such equivalence decisions and the first deferred date of application of the clearing obligation was 21 December 2018, but also believes that the Commission unnecessarily delayed the adoption of this act until 19 December 2018, while the European Securities and Markets Authority (ESMA) published its draft RTS as early as 27 September 2018;

| C. | whereas Parliament considers that the RTS adopted are not ‘the same’ as the draft RTS submitted by the European Supervisory Authorities (ESAs) owing to the Commission’s changes that were introduced in this draft, and considers that it has three months (‘the scrutiny period’) to object to the RTS; whereas Parliament urges the Commission to indicate the one-month scrutiny period only in cases where the Commission has adopted the ESAs’ drafts without changes, i.e. where the draft and the adopted RTS are ‘the same’; |
| --- | --- |

C.

whereas Parliament considers that the RTS adopted are not ‘the same’ as the draft RTS submitted by the European Supervisory Authorities (ESAs) owing to the Commission’s changes that were introduced in this draft, and considers that it has three months (‘the scrutiny period’) to object to the RTS; whereas Parliament urges the Commission to indicate the one-month scrutiny period only in cases where the Commission has adopted the ESAs’ drafts without changes, i.e. where the draft and the adopted RTS are ‘the same’;

| 1. | Declares that it has no objections to the delegated regulation; |
| --- | --- |

1.

| 2. | Instructs its President to forward this decision to the Council and the Commission. |
| --- | --- |

2.

---

(1)  OJ L 201, 27.7.2012, p. 1.

(2)  OJ L 331, 15.12.2010, p. 84.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/533 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/533

---

P8_TA(2019)0101

Non-objection to a delegated act: date at which the clearing obligation takes effect for certain types of contracts

European Parliament decision to raise no objections to the Commission delegated regulation of 19 December 2018 amending Commission Delegated Regulation (EU) 2015/2205, Commission Delegated Regulation (EU) 2016/592 and Commission Delegated Regulation (EU) 2016/1178 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards the date at which the clearing obligation takes effect for certain types of contracts (C(2018)09122 — 2018/3004(DEA))

(2020/C 449/54)

The European Parliament,

| — | having regard to the Commission delegated regulation (C(2018)09122), |
| --- | --- |

—

having regard to the Commission delegated regulation (C(2018)09122),

| — | having regard to the Commission’s letter of 19 December 2018 asking Parliament to declare that it will raise no objections to the delegated regulation, |
| --- | --- |

—

having regard to the Commission’s letter of 19 December 2018 asking Parliament to declare that it will raise no objections to the delegated regulation,

| — | having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 4 February 2019, |
| --- | --- |

—

having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 4 February 2019,

| — | having regard to the Commission communication of 19 December 2018 entitled ‘Preparing for the withdrawal of the United Kingdom from the European Union on 30 March 2019: Implementing the Commission’s Contingency Action Plan’ (COM(2018)0890), |
| --- | --- |

—

having regard to the Commission communication of 19 December 2018 entitled ‘Preparing for the withdrawal of the United Kingdom from the European Union on 30 March 2019: Implementing the Commission’s Contingency Action Plan’ (COM(2018)0890),

| — | having regard to Article 290 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 290 of the Treaty on the Functioning of the European Union,

| — | having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (1), and in particular Articles 5(2) and 82(6) thereof, |
| --- | --- |

—

having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (1), and in particular Articles 5(2) and 82(6) thereof,

| — | having regard to Article 13 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (2), |
| --- | --- |

—

having regard to Article 13 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (2),

| — | having regard to the draft regulatory technical standards (RTS) on the novation of contracts for which the clearing obligation has not yet taken effect, submitted by the European Securities and Markets Authority on 8 November 2018, pursuant to Article 5(2) of Regulation (EU) No 648/2012, |
| --- | --- |

—

having regard to the draft regulatory technical standards (RTS) on the novation of contracts for which the clearing obligation has not yet taken effect, submitted by the European Securities and Markets Authority on 8 November 2018, pursuant to Article 5(2) of Regulation (EU) No 648/2012,

| — | having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs, |
| --- | --- |

—

having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

| — | having regard to Rule 105(6) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(6) of its Rules of Procedure,

| A. | whereas the delegated act contains important rules related to transactions concluded between a counterparty established in the United Kingdom and a counterparty established in the EU-27 and is part of the package of contingency measures in the event of a no-deal Brexit; |
| --- | --- |

A.

whereas the delegated act contains important rules related to transactions concluded between a counterparty established in the United Kingdom and a counterparty established in the EU-27 and is part of the package of contingency measures in the event of a no-deal Brexit;

| B. | whereas Parliament agrees on the importance for competent authorities and financial markets of exempting certain transactions resulting from a novation, for a limited period of 12 months, if the counterparty established in the UK is changed to a counterparty within the EU-27; |
| --- | --- |

B.

whereas Parliament agrees on the importance for competent authorities and financial markets of exempting certain transactions resulting from a novation, for a limited period of 12 months, if the counterparty established in the UK is changed to a counterparty within the EU-27;

| C. | whereas Parliament considers that the RTS adopted are not ‘the same’ as the draft RTS submitted by the European Supervisory Authorities (ESAs) owing to the Commission’s changes that were introduced in this draft, and considers that it has three months (the ‘scrutiny period’) to object to the RTS; whereas Parliament urges the Commission to indicate the one-month scrutiny period only in cases where the Commission has adopted the ESAs’ drafts without changes, i.e. where the draft and the adopted regulatory technical standards are ‘the same’; |
| --- | --- |

C.

whereas Parliament considers that the RTS adopted are not ‘the same’ as the draft RTS submitted by the European Supervisory Authorities (ESAs) owing to the Commission’s changes that were introduced in this draft, and considers that it has three months (the ‘scrutiny period’) to object to the RTS; whereas Parliament urges the Commission to indicate the one-month scrutiny period only in cases where the Commission has adopted the ESAs’ drafts without changes, i.e. where the draft and the adopted regulatory technical standards are ‘the same’;

| 1. | Declares that it has no objections to the delegated regulation; |
| --- | --- |

1.

| 2. | Instructs its President to forward this decision to the Council and the Commission. |
| --- | --- |

2.

---

(1)  OJ L 201, 27.7.2012, p. 1.

(2)  OJ L 331, 15.12.2010, p. 84.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/535 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/535

---

P8_TA(2019)0102

Non-objection to a delegated act: date until which counterparties may continue to apply their risk-management procedures for certain OTC derivative contracts not cleared by a CCP

European Parliament decision to raise no objections to the Commission delegated regulation of 19 December 2018 amending Delegated Regulation (EU) 2016/2251 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards the date until which counterparties may continue to apply their risk-management procedures for certain OTC derivative contracts not cleared by a CCP (C(2018)09118 — 2018/3003(DEA))

(2020/C 449/55)

The European Parliament,

| — | having regard to the Commission delegated regulation (C(2018)09118), |
| --- | --- |

—

having regard to the Commission delegated regulation (C(2018)09118),

| — | having regard to the Commission’s letter of 19 December 2018 asking Parliament to declare that it will raise no objections to the delegated regulation, |
| --- | --- |

—

having regard to the Commission’s letter of 19 December 2018 asking Parliament to declare that it will raise no objections to the delegated regulation,

| — | having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 4 February 2019, |
| --- | --- |

—

having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 4 February 2019,

| — | having regard to the Commission communication of 19 December 2018 entitled ‘Preparing for the withdrawal of the United Kingdom from the European Union on 30 March 2019: Implementing the Commission’s Contingency Action Plan’ (COM(2018)0890), |
| --- | --- |

—

having regard to the Commission communication of 19 December 2018 entitled ‘Preparing for the withdrawal of the United Kingdom from the European Union on 30 March 2019: Implementing the Commission’s Contingency Action Plan’ (COM(2018)0890),

| — | having regard to Article 290 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 290 of the Treaty on the Functioning of the European Union,

| — | having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (1), and in particular Articles 11(5) and 82(6) thereof, |
| --- | --- |

—

having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (1), and in particular Articles 11(5) and 82(6) thereof,

| — | having regard to Article 13 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (2), |
| --- | --- |

—

having regard to Article 13 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (2),

| — | having regard to Article 13 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (3), |
| --- | --- |

—

having regard to Article 13 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (3),

| — | having regard to Article 13 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (4), |
| --- | --- |

—

having regard to Article 13 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (4),

| — | having regard to the draft regulatory technical standards (RTS) on the novation of bilateral contracts not subject to bilateral margins submitted by the European Supervisory Authorities on 27 November 2018 pursuant to Article 11(15) of Regulation (EU) No 648/2012, |
| --- | --- |

—

having regard to the draft regulatory technical standards (RTS) on the novation of bilateral contracts not subject to bilateral margins submitted by the European Supervisory Authorities on 27 November 2018 pursuant to Article 11(15) of Regulation (EU) No 648/2012,

| — | having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs, |
| --- | --- |

—

having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

| — | having regard to Rule 105(6) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 105(6) of its Rules of Procedure,

| A. | whereas the delegated act contains important rules related to transactions concluded between a counterparty established in the United Kingdom and a counterparty established in the EU-27 and is part of the package of contingency measures in the event of a no-deal Brexit; |
| --- | --- |

A.

whereas the delegated act contains important rules related to transactions concluded between a counterparty established in the United Kingdom and a counterparty established in the EU-27 and is part of the package of contingency measures in the event of a no-deal Brexit;

| B. | whereas Parliament agrees on the importance for competent authorities and financial markets of exempting certain transactions resulting from a novation, for a limited period of 12 months, if the counterparty established in the UK is changed to a counterparty within the EU-27; |
| --- | --- |

B.

whereas Parliament agrees on the importance for competent authorities and financial markets of exempting certain transactions resulting from a novation, for a limited period of 12 months, if the counterparty established in the UK is changed to a counterparty within the EU-27;

| C. | whereas Parliament considers that the RTS adopted are not ‘the same’ as the draft RTS submitted by the European Supervisory Authorities (ESAs) owing to the Commission’s changes that were introduced in this draft, and considers that it has three months (‘the scrutiny period’) to object to the RTS; whereas Parliament urges the Commission to indicate a one-month scrutiny period only in cases where the Commission has adopted the ESAs’ drafts without changes, i.e. where the draft and the adopted regulatory technical standards are ‘the same’; |
| --- | --- |

C.

whereas Parliament considers that the RTS adopted are not ‘the same’ as the draft RTS submitted by the European Supervisory Authorities (ESAs) owing to the Commission’s changes that were introduced in this draft, and considers that it has three months (‘the scrutiny period’) to object to the RTS; whereas Parliament urges the Commission to indicate a one-month scrutiny period only in cases where the Commission has adopted the ESAs’ drafts without changes, i.e. where the draft and the adopted regulatory technical standards are ‘the same’;

| 1. | Declares that it has no objections to the delegated regulation; |
| --- | --- |

1.

| 2. | Instructs its President to forward this decision to the Council and the Commission. |
| --- | --- |

2.

---

(1)  OJ L 201, 27.7.2012, p. 1.

(2)  OJ L 331, 15.12.2010, p. 12.

(3)  OJ L 331, 15.12.2010, p. 48.

(4)  OJ L 331, 15.12.2010, p. 84.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/537 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/537

---

P8_TA(2019)0103

Cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters ***I

European Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (COM(2018)0378 — C8-0242/2018 — 2018/0203(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/56)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2018)0378), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2018)0378),

| — | having regard to Article 294(2) and Article 81 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0242/2018); |
| --- | --- |

—

having regard to Article 294(2) and Article 81 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0242/2018);

| — | 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 October 2018 (1) |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 17 October 2018 (1)

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A8-0477/2018), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A8-0477/2018),

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

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

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

3.

---

(1)  OJ C 62, 15.2.2019, p. 56.

---

P8_TC1-COD(2018)0203

Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council amending Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

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 81 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) | In the interests of the proper functioning of the internal market
  and the development of a European area of civil justice governed by the principle of mutual trust and mutual recognition of judgments
  , it is necessary to further improve and expedite cooperation between courts in
  the Member States in relation to
  the taking of evidence. [Am. 1] |
| --- | --- |

(1)

In the interests of the proper functioning of the internal market
  and the development of a European area of civil justice governed by the principle of mutual trust and mutual recognition of judgments
  , it is necessary to further improve and expedite cooperation between courts in
  the Member States in relation to
  the taking of evidence. [Am. 1]

| (2) | Council Regulation (EC) No 1206/2001 (3) lays down rules on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters. |
| --- | --- |

(2)

Council Regulation (EC) No 1206/2001 (3) lays down rules on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

| (2a) | For the purposes of this Regulation, the term ‘court’ should be given a broad meaning so as to cover not only courts in the strict sense of the word, that exercise judicial functions, but also other bodies or authorities which are competent under national law to take evidence in accordance with this Regulation, such as enforcement authorities or notaries in certain Member States and in specific situations. [Am. 2] |
| --- | --- |

(2a)

For the purposes of this Regulation, the term ‘court’ should be given a broad meaning so as to cover not only courts in the strict sense of the word, that exercise judicial functions, but also other bodies or authorities which are competent under national law to take evidence in accordance with this Regulation, such as enforcement authorities or notaries in certain Member States and in specific situations. [Am. 2]

| (2b) | It is essential that effective means of obtaining, preserving and presenting evidence are available, and that due regard is given to the rights of defence and the need for protection of confidential information. In this context, it is important to encourage the use of modern technology. [Am. 3] |
| --- | --- |

(2b)

It is essential that effective means of obtaining, preserving and presenting evidence are available, and that due regard is given to the rights of defence and the need for protection of confidential information. In this context, it is important to encourage the use of modern technology. [Am. 3]

| (3) | In order to
  effectively
  ensure
  direct and
  speedy transmission of requests and communications, all appropriate means of modern communication technology should be used
  , and in that regard the constant development of such technology should be taken into account
  . Therefore, as a rule, all communication and exchanges of documents should be carried out through a decentralised IT system composed of national IT systems. [Am. 4] |
| --- | --- |

(3)

In order to
  effectively
  ensure
  direct and
  speedy transmission of requests and communications, all appropriate means of modern communication technology should be used
  , and in that regard the constant development of such technology should be taken into account
  . Therefore, as a rule, all communication and exchanges of documents should be carried out through a decentralised IT system composed of national IT systems. [Am. 4]

| (3a) | The decentralised IT system should be based on the e-CODEX system and should be managed by eu-LISA. Adequate resources should be made available to eu-LISA so that such a system can be introduced and kept operational, as well as to provide technical support in the event of problems in the operation of the system. The Commission should submit, as soon as possible, and in any event before the end of 2019, a proposal for a Regulation on cross-border communication in judicial proceedings (e-CODEX). [Am. 5] |
| --- | --- |

(3a)

The decentralised IT system should be based on the e-CODEX system and should be managed by eu-LISA. Adequate resources should be made available to eu-LISA so that such a system can be introduced and kept operational, as well as to provide technical support in the event of problems in the operation of the system. The Commission should submit, as soon as possible, and in any event before the end of 2019, a proposal for a Regulation on cross-border communication in judicial proceedings (e-CODEX). [Am. 5]

| (4) | In order to ensure mutual recognition of digital evidence such evidence taken in a Member State in accordance with its law should not be denied recognition as evidence in other Member States only because of its digital nature.
  That principle should be without prejudice to determining, in accordance with national law, the level of quality and the value of evidence, regardless of its digital or non-digital nature. [Am. 6] |
| --- | --- |

(4)

In order to ensure mutual recognition of digital evidence such evidence taken in a Member State in accordance with its law should not be denied recognition as evidence in other Member States only because of its digital nature.
  That principle should be without prejudice to determining, in accordance with national law, the level of quality and the value of evidence, regardless of its digital or non-digital nature. [Am. 6]

| (5) | Regulation (EC) No 1206/2001 should be without prejudice to the possibility for authorities to exchange information under systems established by other Union instruments, such as Council Regulation (EC) No 2201/2003 (4) or Council Regulation (EC) No 4/2009 (5), even where that information has evidentiary value, thus leaving the choice of the most suitable method to the requesting authority. |
| --- | --- |

(5)

Regulation (EC) No 1206/2001 should be without prejudice to the possibility for authorities to exchange information under systems established by other Union instruments, such as Council Regulation (EC) No 2201/2003 (4) or Council Regulation (EC) No 4/2009 (5), even where that information has evidentiary value, thus leaving the choice of the most suitable method to the requesting authority.

| (5a) | The procedures for taking, preserving and presenting evidence should ensure that the procedural rights of the parties, as well as the protection, integrity and confidentiality of personal data and privacy, are protected in accordance with Union law. [Am. 7] |
| --- | --- |

(5a)

The procedures for taking, preserving and presenting evidence should ensure that the procedural rights of the parties, as well as the protection, integrity and confidentiality of personal data and privacy, are protected in accordance with Union law. [Am. 7]

| (6) | Modern communications technology, in particular videoconferencing which is an important
  and direct
  means to simplify and accelerate the taking of evidence, is currently not used to its full potential. Where evidence is to be taken by hearing a person domiciled in another Member State as witness, party or expert, the court should take that evidence directly via videoconference, if

  or via any other appropriate distance communication technology
  available to the respective courts, where it deems the use of such technology appropriate

  unless,
  on account of the specific circumstances of the case
  , the use of such technology is deemed inappropriate for the fair conduct of the proceedings. The rules on the use of such means of communication should be technology-neutral and cater for future communication solutions. Where required by the national law of the Member State concerned, the use of such technology should be subject to the consent of the person to be heard
  . [Am. 8] |
| --- | --- |

(6)

Modern communications technology, in particular videoconferencing which is an important
  and direct
  means to simplify and accelerate the taking of evidence, is currently not used to its full potential. Where evidence is to be taken by hearing a person domiciled in another Member State as witness, party or expert, the court should take that evidence directly via videoconference, if

  or via any other appropriate distance communication technology
  available to the respective courts, where it deems the use of such technology appropriate

  unless,
  on account of the specific circumstances of the case
  , the use of such technology is deemed inappropriate for the fair conduct of the proceedings. The rules on the use of such means of communication should be technology-neutral and cater for future communication solutions. Where required by the national law of the Member State concerned, the use of such technology should be subject to the consent of the person to be heard
  . [Am. 8]

| (7) | In order to facilitate the taking of evidence by diplomatic officers

  staff
  or consular agents, such persons may, in the territory of another Member State and within the area where they exercise their functions

  are accredited
  , take evidence
  at the premises of their diplomatic mission or consulate
  without the need for a prior request by hearing nationals of the Member State which they represent without compulsion in the context of

  for
  proceedings pending in the courts of the Member State which they represent
  , provided that the person to be heard voluntarily cooperates in the taking of evidence
  . [Am. 9] |
| --- | --- |

(7)

In order to facilitate the taking of evidence by diplomatic officers

  staff
  or consular agents, such persons may, in the territory of another Member State and within the area where they exercise their functions

  are accredited
  , take evidence
  at the premises of their diplomatic mission or consulate
  without the need for a prior request by hearing nationals of the Member State which they represent without compulsion in the context of

  for
  proceedings pending in the courts of the Member State which they represent
  , provided that the person to be heard voluntarily cooperates in the taking of evidence
  . [Am. 9]

| (7a) | It is important to ensure that this Regulation is applied in compliance with Union data protection law and that it respects the protection of privacy as enshrined in the Charter of Fundamental Rights of the European Union. It is also important to ensure that any processing of the personal data of natural persons under this Regulation is undertaken in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council
   (6)

  and Directive 2002/58/EC of the European Parliament and of the Council
   (7)

  . Personal data under this Regulation should be processed only for the specific purposes set out in this Regulation. [Am. 10] |
| --- | --- |

(7a)

It is important to ensure that this Regulation is applied in compliance with Union data protection law and that it respects the protection of privacy as enshrined in the Charter of Fundamental Rights of the European Union. It is also important to ensure that any processing of the personal data of natural persons under this Regulation is undertaken in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council
   (6)

  and Directive 2002/58/EC of the European Parliament and of the Council
   (7)

  . Personal data under this Regulation should be processed only for the specific purposes set out in this Regulation. [Am. 10]

| (8) | Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the creation of a 
  simplified
  legal framework ensuring the
  direct, effective and
  speedy transmission of requests and communications concerning the performance of taking of evidence, 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 European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. [Am. 11] |
| --- | --- |

(8)

Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the creation of a 
  simplified
  legal framework ensuring the
  direct, effective and
  speedy transmission of requests and communications concerning the performance of taking of evidence, 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 European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. [Am. 11]

| (8a) | This Regulation seeks to improve the efficacy and speed of judicial proceedings by simplifying and streamlining the mechanisms for cooperation in the taking of evidence in cross-border proceedings, while at the same time helping to reduce delays and costs for individuals and businesses. In addition, greater legal certainty, coupled with simpler, streamlined and digitalised procedures can encourage individuals and businesses to engage in cross-border transactions, thereby boosting trade within the Union and hence the functioning of the internal market. [Am. 12] |
| --- | --- |

(8a)

This Regulation seeks to improve the efficacy and speed of judicial proceedings by simplifying and streamlining the mechanisms for cooperation in the taking of evidence in cross-border proceedings, while at the same time helping to reduce delays and costs for individuals and businesses. In addition, greater legal certainty, coupled with simpler, streamlined and digitalised procedures can encourage individuals and businesses to engage in cross-border transactions, thereby boosting trade within the Union and hence the functioning of the internal market. [Am. 12]

| (9) | In accordance with Article 3 and Article 4a(1) of protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, the [United Kingdom] [and] [Ireland] [have/has notified their/its wish to take part in the adoption and application of the present Regulation] [are/is not taking part in the adoption of this Regulation and is not bound by it or subject to its application]. |
| --- | --- |

(9)

In accordance with Article 3 and Article 4a(1) of protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, the [United Kingdom] [and] [Ireland] [have/has notified their/its wish to take part in the adoption and application of the present Regulation] [are/is not taking part in the adoption of this Regulation and is not bound by it or subject to its application].

| (10) | In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. |
| --- | --- |

(10)

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

| (11) | In order to define the detailed arrangements for the functioning of the decentralised IT system and in order to establish the minimum technical standards and requirements for the use of videoconference, 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. Such delegated acts should guarantee an effective, reliable and smooth transmission of the relevant information through the decentralised IT system, and should ensure that the videoconferencing session guarantees high quality communication and real time interaction. Furthermore,
  in order to update the standard forms in the Annexes or to make technical changes to those forms, 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 amendments to the Annexes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (8). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 13] |
| --- | --- |

(11)

In order to define the detailed arrangements for the functioning of the decentralised IT system and in order to establish the minimum technical standards and requirements for the use of videoconference, 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. Such delegated acts should guarantee an effective, reliable and smooth transmission of the relevant information through the decentralised IT system, and should ensure that the videoconferencing session guarantees high quality communication and real time interaction. Furthermore,
  in order to update the standard forms in the Annexes or to make technical changes to those forms, 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 amendments to the Annexes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (8). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 13]

| (12) | In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, the Commission should evaluate this Regulation on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the Regulation and the need for any further action. |
| --- | --- |

(12)

In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, the Commission should evaluate this Regulation on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the Regulation and the need for any further action.

| (13) | Regulation (EC) No 1206/2001 should therefore be amended accordingly, |
| --- | --- |

(13)

Regulation (EC) No 1206/2001 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1206/2001 is amended as follows:

| (1) | In Article 1, the following paragraph 4 is added:

  ‘4.   In this Regulation, the term 'court' shall mean any judicial authority in a Member State which is competent for the performance of taking of

  under the laws of that Member State to take
  evidence according to this Regulation.’; [Am. 14] |
| --- | --- |

(1)

In Article 1, the following paragraph 4 is added:

‘4.   In this Regulation, the term 'court' shall mean any judicial authority in a Member State which is competent for the performance of taking of

  under the laws of that Member State to take
  evidence according to this Regulation.’; [Am. 14]

| (2) | Article 6 is replaced by the following:

  ‘Article 6
  Transmission of requests and other communications

  1.   Requests and communications pursuant to this Regulation shall be transmitted through a decentralised IT system composed of national IT systems interconnected by a communication infrastructure
  and
  enabling the
  safe,
  secure and reliable cross-border exchange of information
  , including in real time,
  between the national IT systems,
  with due respect for fundamental rights and freedoms
  .
  That decentralised IT system shall be based on e-CODEX
  . [Am. 15]



  2.   The general legal framework for the use of
  qualified
  trust services set out in Council Regulation (EU) No 910/2014 of the European Parliament and of the Council (9) shall apply to the requests and communications transmitted through the decentralised IT system referred to in paragraph 1. [Am. 16]



  3.   Where requests and communications referred to in paragraph 1 require or feature a seal or handwritten signature, “qualified electronic seals” and “qualified electronic signatures” as defined in Regulation (EU) No 910/2014 may be used instead
  , provided that it is fully ensured that the persons involved have obtained knowledge of such documents in sufficient time and in a lawful manner
  . [Am. 17]





  3a.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 20 to supplement this Regulation by establishing the detailed arrangements for the functioning of the decentralised IT system. When exercising that power, the Commission shall ensure that the system guarantees an effective, reliable and smooth exchange of the relevant information, as well as a high level of security in the transmission and the protection of privacy and personal data in line with Regulation (EU) 2016/679 and Directive 2002/58/EC. [Am. 18]



  4.   If transmission in accordance with paragraph 1 is not possible due to an unforeseen and exceptional disruption of the decentralised IT system or where such transmission is not possible in other exceptional cases, transmission shall be carried out by the swiftest possible means, which

  that
  the requested Member State has indicated it can accept

  to be acceptable
  .’; [Am. 19]




  (9)  Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73)." |
| --- | --- |

(2)

Article 6 is replaced by the following:

‘Article 6

Transmission of requests and other communications

1.   Requests and communications pursuant to this Regulation shall be transmitted through a decentralised IT system composed of national IT systems interconnected by a communication infrastructure
  and
  enabling the
  safe,
  secure and reliable cross-border exchange of information
  , including in real time,
  between the national IT systems,
  with due respect for fundamental rights and freedoms
  .
  That decentralised IT system shall be based on e-CODEX
  . [Am. 15]

2.   The general legal framework for the use of
  qualified
  trust services set out in Council Regulation (EU) No 910/2014 of the European Parliament and of the Council (9) shall apply to the requests and communications transmitted through the decentralised IT system referred to in paragraph 1. [Am. 16]

3.   Where requests and communications referred to in paragraph 1 require or feature a seal or handwritten signature, “qualified electronic seals” and “qualified electronic signatures” as defined in Regulation (EU) No 910/2014 may be used instead
  , provided that it is fully ensured that the persons involved have obtained knowledge of such documents in sufficient time and in a lawful manner
  . [Am. 17]

3a.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 20 to supplement this Regulation by establishing the detailed arrangements for the functioning of the decentralised IT system. When exercising that power, the Commission shall ensure that the system guarantees an effective, reliable and smooth exchange of the relevant information, as well as a high level of security in the transmission and the protection of privacy and personal data in line with Regulation (EU) 2016/679 and Directive 2002/58/EC. [Am. 18]

4.   If transmission in accordance with paragraph 1 is not possible due to an unforeseen and exceptional disruption of the decentralised IT system or where such transmission is not possible in other exceptional cases, transmission shall be carried out by the swiftest possible means, which

  that
  the requested Member State has indicated it can accept

  to be acceptable
  .’; [Am. 19]

(9)  Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73)."

9

| (3) | Article 17 is amended as follows:






  (a) | paragraph 2 is deleted; |
| --- | --- | --- |

(3)

Article 17 is amended as follows:

(a)

paragraph 2 is deleted;

| (b) | in paragraph 4, the third subparagraph is replaced by the following:
  ‘Where within 30 days of sending the request, the requesting court has not received information as to whether the request has been accepted, the request shall be considered to have been accepted.’; |
| --- | --- |

(b)

in paragraph 4, the third subparagraph is replaced by the following:

‘Where within 30 days of sending the request, the requesting court has not received information as to whether the request has been accepted, the request shall be considered to have been accepted.’;

| (4) | the following Article 17a is inserted:

  ‘Article 17a
  Direct taking of evidence by videoconference

  distance communication technology [Am. 20]


  1.   Where evidence is to be taken by hearing a person domiciled in another Member State as witness, party or expert and the court does not request the competent court of another Member State to take evidence in accordance with Article 1(1)(a), the court shall take evidence directly in accordance with Article 17 via videoconference
  or via any other appropriate distance communication technology
  , if available to the respective courts, where it deems the use of such technology appropriate

  unless,
  on account of the specific circumstances of the case
  , the use of such technology is deemed inappropriate for the fair conduct of the proceedings
  . [Am. 21]





  Where required by the national law of the requesting Member State, the use of videoconference or any other appropriate distance communication technology shall be subject to the consent of the person to be heard. [Am. 22]



  2.   Where a request for direct taking of evidence via videoconference
  or via any other appropriate distance communication technology
  is made, the hearing shall be held in the premises of a court. The requesting court and the central body or the competent authority referred to in Article 3(3) or the court on whose premises the hearing is to be held shall agree on the practical arrangements for the videoconference.
  Those arrangements shall be in line with the minimum technical standards and requirements for the use of videoconference that are defined in accordance with paragraph 3a
  . [Am. 23]





  2a.
     
  Any electronic system for the taking of evidence shall ensure that professional secrecy and legal professional privilege are protected. [Am. 24]



  3.   Where evidence is taken by videoconference
  or any other available communications technology
  : [Am. 25]







  (a) | the central body or the competent authority referred to in Article 3(3) in the requested Member State may assign a court to take part in the performance of the taking of evidence in order to ensure respect for the fundamental principles of the law of the requested Member State; |
| --- | --- | --- |

(4)

the following Article 17a is inserted:

‘Article 17a

Direct taking of evidence by videoconference

  distance communication technology [Am. 20]

1.   Where evidence is to be taken by hearing a person domiciled in another Member State as witness, party or expert and the court does not request the competent court of another Member State to take evidence in accordance with Article 1(1)(a), the court shall take evidence directly in accordance with Article 17 via videoconference
  or via any other appropriate distance communication technology
  , if available to the respective courts, where it deems the use of such technology appropriate

  unless,
  on account of the specific circumstances of the case
  , the use of such technology is deemed inappropriate for the fair conduct of the proceedings
  . [Am. 21]

Where required by the national law of the requesting Member State, the use of videoconference or any other appropriate distance communication technology shall be subject to the consent of the person to be heard. [Am. 22]

2.   Where a request for direct taking of evidence via videoconference
  or via any other appropriate distance communication technology
  is made, the hearing shall be held in the premises of a court. The requesting court and the central body or the competent authority referred to in Article 3(3) or the court on whose premises the hearing is to be held shall agree on the practical arrangements for the videoconference.
  Those arrangements shall be in line with the minimum technical standards and requirements for the use of videoconference that are defined in accordance with paragraph 3a
  . [Am. 23]

2a.
     
  Any electronic system for the taking of evidence shall ensure that professional secrecy and legal professional privilege are protected. [Am. 24]

3.   Where evidence is taken by videoconference
  or any other available communications technology
  : [Am. 25]

(a)

the central body or the competent authority referred to in Article 3(3) in the requested Member State may assign a court to take part in the performance of the taking of evidence in order to ensure respect for the fundamental principles of the law of the requested Member State;

| (b) | if necessary, at the request of the requesting court, the person to be heard or the judge in the requested Member State participating in the hearing, the central body or the competent authority referred to in Article 3(3) shall ensure that the person to be heard or the judge are assisted by an

  a qualified
  interpreter. [Am. 26] |
| --- | --- |

(b)

if necessary, at the request of the requesting court, the person to be heard or the judge in the requested Member State participating in the hearing, the central body or the competent authority referred to in Article 3(3) shall ensure that the person to be heard or the judge are assisted by an

  a qualified
  interpreter. [Am. 26]

3a.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 20 supplementing this Regulation by establishing the minimum standards and requirements for the use of videoconference.

When exercising that power, the Commission shall ensure that the videoconferencing session guarantees high quality communication and real time interaction. The Commission shall also ensure, with regard to the transmission of the information, a high level of security and the protection of privacy and of personal data in line with Regulation (EU) 2016/679 and Directive 2002/58/EC. [Am. 27]

3b.
     
  The court shall notify the person to be heard, the parties, including their respective legal representatives, of the date, time and place of, and the conditions for participation in, the hearing via videoconference or via any other appropriate distance communication technology. The parties and their legal representatives shall be provided, by the relevant court, with instructions as to the procedure for presenting documents or other material during the hearing via videoconference or via any other appropriate distance communication technology.’; [Am. 28]

| (5) | the following Article 17b is inserted:

  ‘Article 17b
  Taking of evidence by diplomatic officers

  staff
  or consular agents [Am. 29]

  Diplomatic officers

  staff
  or consular agents of a Member State may, in the territory of another Member State and within the area where they exercise their functions

  are accredited
  , take evidence
  at the premises of the diplomatic mission or consulate
  without the need for a prior request pursuant to Article 17(1), by hearing nationals of the Member State which they represent without compulsion in the context of

  for
  proceedings pending in the courts of the Member State which they represent.
  Such taking of evidence may only take place with the voluntary cooperation of the person to be heard. The taking of evidence shall be performed under the supervision of the requesting court, in accordance with its national law.
  ’; [Am. 30] |
| --- | --- |

(5)

the following Article 17b is inserted:

‘Article 17b

Taking of evidence by diplomatic officers

  staff
  or consular agents [Am. 29]

Diplomatic officers

  staff
  or consular agents of a Member State may, in the territory of another Member State and within the area where they exercise their functions

  are accredited
  , take evidence
  at the premises of the diplomatic mission or consulate
  without the need for a prior request pursuant to Article 17(1), by hearing nationals of the Member State which they represent without compulsion in the context of

  for
  proceedings pending in the courts of the Member State which they represent.
  Such taking of evidence may only take place with the voluntary cooperation of the person to be heard. The taking of evidence shall be performed under the supervision of the requesting court, in accordance with its national law.
  ’; [Am. 30]

| (6) | the following Section 6 is inserted after Article 18:
  ‘Section 6
  Mutual recognition

  Article 18a


  The
  digital
  nature of
  evidence taken in a Member State in accordance with its law shall not be denied

  used as a reason to deny
  the quality of evidence in other Member States solely due to its digital nature.
  The question of whether the evidence is digital or non-digital in nature shall not be a factor in determining the level of quality and the value of such evidence.
  ’; [Am. 31] |
| --- | --- |

(6)

the following Section 6 is inserted after Article 18:

‘Section 6

Mutual recognition

Article 18a

The
  digital
  nature of
  evidence taken in a Member State in accordance with its law shall not be denied

  used as a reason to deny
  the quality of evidence in other Member States solely due to its digital nature.
  The question of whether the evidence is digital or non-digital in nature shall not be a factor in determining the level of quality and the value of such evidence.
  ’; [Am. 31]

| (6a) | the following Section 6a is inserted after Article 18:




  ‘Section 6a




  Processing of personal data





  Article 18b




  Any processing of personal data carried out pursuant to this Regulation, including the exchange or transmission of personal data by the competent authorities, shall be in conformity with Regulation (EU) 2016/679. Any exchange or transmission of information by competent authorities at Union level shall be undertaken in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council

   (*1)

  . Personal data which are not relevant for the handling of a specific case shall be immediately deleted. [Am. 32]



  (*1)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).’;" |
| --- | --- |

(6a)

(6a)

the following Section 6a is inserted after Article 18:

the following Section 6a is inserted after Article 18:

‘Section 6a

‘Section 6a

Processing of personal data

Processing of personal data

Article 18b

Any processing of personal data carried out pursuant to this Regulation, including the exchange or transmission of personal data by the competent authorities, shall be in conformity with Regulation (EU) 2016/679. Any exchange or transmission of information by competent authorities at Union level shall be undertaken in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council

   (*1)

  . Personal data which are not relevant for the handling of a specific case shall be immediately deleted. [Am. 32]

(*1)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).’;"

*1

| (7) | in Article 19, paragraph 2 is replaced by the following:

  ‘2.   The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend the Annexes to update the standard forms or to make technical changes to those forms.’; |
| --- | --- |

(7)

in Article 19, paragraph 2 is replaced by the following:

‘2.   The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend the Annexes to update the standard forms or to make technical changes to those forms.’;

| (8) | Article 20 is replaced by the following:

  ‘Article 20
  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 6(3a), in Article 17a(3a) and
  in Article 19(2) shall be conferred on the Commission for an indeterminate

  a
  period of time from

  five years from
  ... [date of entry into force of this Regulation].
  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. [Am. 33]



  3.   The delegation of power referred to
  in Article 6(3a), Article 17a(3a) and
  in Article 19(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 34]



  4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.


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


  6.   A delegated act adopted pursuant to
  Article 6(3a), Article 17a(3a) or
  Article 19(2) 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

  three
  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.’; [Am. 35] |
| --- | --- |

(8)

Article 20 is replaced by the following:

‘Article 20

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 6(3a), in Article 17a(3a) and
  in Article 19(2) shall be conferred on the Commission for an indeterminate

  a
  period of time from

  five years from
  ... [date of entry into force of this Regulation].
  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. [Am. 33]

3.   The delegation of power referred to
  in Article 6(3a), Article 17a(3a) and
  in Article 19(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 34]

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

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

6.   A delegated act adopted pursuant to
  Article 6(3a), Article 17a(3a) or
  Article 19(2) 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

  three
  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.’; [Am. 35]

| (9) | The following Article 22a is inserted:

  ‘Article 22a
  Monitoring

  1.   By ... [two years

  one year
  after the date of application

  entry into force
  ] at the latest, the Commission shall establish a detailed programme for monitoring the outputs, results and impacts of this Regulation. [Am. 36]



  2.   The monitoring programme shall set out the means by which and the intervals at which the data and other necessary evidence are to be collected. It shall specify the action to be taken by the Commission and by the Member States in collecting and analysing the data and other evidence.


  3.   Member States shall provide the Commission with the data and other evidence necessary for the monitoring.’ |
| --- | --- |

(9)

The following Article 22a is inserted:

‘Article 22a

Monitoring

1.   By ... [two years

  one year
  after the date of application

  entry into force
  ] at the latest, the Commission shall establish a detailed programme for monitoring the outputs, results and impacts of this Regulation. [Am. 36]

2.   The monitoring programme shall set out the means by which and the intervals at which the data and other necessary evidence are to be collected. It shall specify the action to be taken by the Commission and by the Member States in collecting and analysing the data and other evidence.

3.   Member States shall provide the Commission with the data and other evidence necessary for the monitoring.’

| (10) | Article 23 is replaced by the following:

  ‘Article 23
  Evaluation

  1.   No sooner

  later
  than ... [five

  four
  years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee
  , accompanied, where appropriate, by a legislative proposal
  . [Am. 37]



  2.   Member States shall provide the Commission with the information necessary for the preparation of that report.’. |
| --- | --- |

(10)

Article 23 is replaced by the following:

‘Article 23

Evaluation

1.   No sooner

  later
  than ... [five

  four
  years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee
  , accompanied, where appropriate, by a legislative proposal
  . [Am. 37]

2.   Member States shall provide the Commission with the information necessary for the preparation of that report.’.

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.

It shall apply from [...].

However, point 2 of Article 1 shall apply from ... [24 months after the entry into force].

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 62, 15.2.2019, p. 56.

1

(2)  Position of the European Parliament of 13 February 2019.

2

(3)  Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (OJ L 174, 27.6.2001, p. 1).

3

(4)  Council Regulation (EC) No 2201/2003 of 27 November 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 (OJ L 338, 23.12.2003, p. 1).

4

(5)  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 (OJ L 7, 10.1.2009, p. 1).

5

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

6

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

7

(8)  OJ L 123, 12.5.2016, p. 1.

8

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/545 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/545

---

P8_TA(2019)0104

Service in the Member States of judicial and extrajudicial documents in civil or commercial matters ***I

European Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (COM(2018)0379 — C8-0243/2018 — 2018/0204(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/57)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2018)0379), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2018)0379),

| — | having regard to Article 294(2) and Article 81 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0243/2018); |
| --- | --- |

—

having regard to Article 294(2) and Article 81 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0243/2018);

| — | 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 October 2018 (1) |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 17 October 2018 (1)

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A8-0001/2019), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A8-0001/2019),

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

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

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

3.

---

(1)  OJ C 62, 15.2.2019, p. 56.

---

P8_TC1-COD(2018)0204

Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council amending Regulation (EC) No 1393/2007 of the European Parliament and of the Council on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents)

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 81 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) | In the interests of the proper functioning of the internal market
  and the development of an area of civil justice in the Union
  , it is necessary to further improve and expedite the transmission and service between the Member States of judicial and extrajudicial documents in civil and commercial matters
  , while ensuring a high level of security and protection in the transmission of such documents, safeguarding the rights of the addressee and the protection of privacy and personal data
  . [Am. 1] |
| --- | --- |

(1)

In the interests of the proper functioning of the internal market
  and the development of an area of civil justice in the Union
  , it is necessary to further improve and expedite the transmission and service between the Member States of judicial and extrajudicial documents in civil and commercial matters
  , while ensuring a high level of security and protection in the transmission of such documents, safeguarding the rights of the addressee and the protection of privacy and personal data
  . [Am. 1]

| (2) | Regulation (EC) No 1393/2007 of the European Parliament and of the Council (3) lays down rules on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters. |
| --- | --- |

(2)

Regulation (EC) No 1393/2007 of the European Parliament and of the Council (3) lays down rules on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

| (3) | The increasing judicial integration of Member States, where the abolition of exequatur (intermediate procedure) has become a general rule, has brought to light the limits of the rules in Regulation (EC) No 1393/2007. |
| --- | --- |

(3)

The increasing judicial integration of Member States, where the abolition of exequatur (intermediate procedure) has become a general rule, has brought to light the limits of the rules in Regulation (EC) No 1393/2007.

| (4) | In order to ensure
  effectively
  the speedy transmission of documents to other Member States for the purposes of service there, all appropriate means of modern communication technology should be used, provided that certain conditions as to the integrity and reliability of the document received are observed
  and that respect for procedural rights, a high level of security in the transmission of such documents and the protection of privacy and personal data are ensured
  . For that purpose, all communication and exchanges of documents between the agencies and bodies designated by the Member States should be carried out through a decentralised IT system composed of national IT systems. [Am. 2] |
| --- | --- |

(4)

In order to ensure
  effectively
  the speedy transmission of documents to other Member States for the purposes of service there, all appropriate means of modern communication technology should be used, provided that certain conditions as to the integrity and reliability of the document received are observed
  and that respect for procedural rights, a high level of security in the transmission of such documents and the protection of privacy and personal data are ensured
  . For that purpose, all communication and exchanges of documents between the agencies and bodies designated by the Member States should be carried out through a decentralised IT system composed of national IT systems. [Am. 2]

| (4a) | The decentralised IT system to be established pursuant to Regulation (EC) No 1393/2007 should be based on the e-CODEX system and should be managed by eu-LISA. Adequate resources should be made available to eu-LISA for such a system to be introduced and kept operational, as well as to provide technical support to transmitting and receiving agencies and central bodies in the event of problems in the operation of the system. The Commission should submit as soon as possible, and in any event before the end of 2019, a proposal for a Regulation on cross-border communication in judicial proceedings (e-CODEX). [Am. 3] |
| --- | --- |

(4a)

The decentralised IT system to be established pursuant to Regulation (EC) No 1393/2007 should be based on the e-CODEX system and should be managed by eu-LISA. Adequate resources should be made available to eu-LISA for such a system to be introduced and kept operational, as well as to provide technical support to transmitting and receiving agencies and central bodies in the event of problems in the operation of the system. The Commission should submit as soon as possible, and in any event before the end of 2019, a proposal for a Regulation on cross-border communication in judicial proceedings (e-CODEX). [Am. 3]

| (4b) | Where a document instituting the proceedings has already been served upon the defendant and the defendant has not refused to accept such document, the law of the forum Member State should offer parties who are domiciled in another Member State the possibility of appointing a representative for the purpose of service of documents on them in the forum Member State, provided that the party concerned has been duly informed about the consequences of that choice and has explicitly accepted such option. [Am. 4] |
| --- | --- |

(4b)

Where a document instituting the proceedings has already been served upon the defendant and the defendant has not refused to accept such document, the law of the forum Member State should offer parties who are domiciled in another Member State the possibility of appointing a representative for the purpose of service of documents on them in the forum Member State, provided that the party concerned has been duly informed about the consequences of that choice and has explicitly accepted such option. [Am. 4]

| (5) | The receiving agency should, in all circumstances and with no margin of discretion in that regard, inform the addressee
  in good time
  in writing using the standard form that he or she may refuse to accept the document to be served if it is not either in a language which he or she understands or in the official language or one of the official languages of the place of service. This rule should also apply to any subsequent service once the addressee has exercised his or her right of refusal. The right of refusal should also apply in respect of service by diplomatic or consular agents, service by postal
  or courier
  services and direct service. It should be possible to remedy the service of the refused document by serving a

  an official
  translation of the document on the addressee. [Am. 5] |
| --- | --- |

(5)

The receiving agency should, in all circumstances and with no margin of discretion in that regard, inform the addressee
  in good time
  in writing using the standard form that he or she may refuse to accept the document to be served if it is not either in a language which he or she understands or in the official language or one of the official languages of the place of service. This rule should also apply to any subsequent service once the addressee has exercised his or her right of refusal. The right of refusal should also apply in respect of service by diplomatic or consular agents, service by postal
  or courier
  services and direct service. It should be possible to remedy the service of the refused document by serving a

  an official
  translation of the document on the addressee. [Am. 5]

| (6) | If the addressee has refused to accept the document, the court or authority seized with the legal proceedings in course of which the service became necessary, should verify whether that refusal was justified. For that purpose, that court or authority should take into account all the relevant information on the file or at its disposal in order to determine the actual language skills of the addressee. When assessing the language skills of the addressee, the court could take into account factual elements such as documents written by the addressee in the language concerned, whether the addressee’s profession involves such language skills (for example, teacher or interpreter), whether the addressee is a citizen of the Member State where the judicial proceedings take place, or whether the addressee previously resided in that Member State for some

  an extended period of
  time. Such an assessment should not take place, if the document was drawn up or translated into the official language or one of the official languages of the place of service.
  [Am. 6] |
| --- | --- |

(6)

If the addressee has refused to accept the document, the court or authority seized with the legal proceedings in course of which the service became necessary, should verify whether that refusal was justified. For that purpose, that court or authority should take into account all the relevant information on the file or at its disposal in order to determine the actual language skills of the addressee. When assessing the language skills of the addressee, the court could take into account factual elements such as documents written by the addressee in the language concerned, whether the addressee’s profession involves such language skills (for example, teacher or interpreter), whether the addressee is a citizen of the Member State where the judicial proceedings take place, or whether the addressee previously resided in that Member State for some

  an extended period of
  time. Such an assessment should not take place, if the document was drawn up or translated into the official language or one of the official languages of the place of service.
  [Am. 6]

| (7) | Efficiency and speed in cross-border judicial proceedings requires direct, expedited
  and secure
  channels for serving documents on persons in other Member States. Consequently, it should be possible for a person interested in a judicial proceeding or a court or authority seized with a legal proceeding to effect service of documents directly through electronic means to the digital user account of an addressee who is domiciled in another Member State. The conditions for the use of Such type of direct electronic service should ensure that electronic user accounts are used for the purpose of service of documents,
  however, be permitted
  only if there are appropriate safeguards for the protection of the interests of the addressees, either by way of

  including
  high technical standards or in form of

  and
  an explicit consent given by the addressee.
  Where documents are served or transmitted electronically, the possibility should be available to provide an acknowledgement of receipt of such documents. [Am. 7] |
| --- | --- |

(7)

Efficiency and speed in cross-border judicial proceedings requires direct, expedited
  and secure
  channels for serving documents on persons in other Member States. Consequently, it should be possible for a person interested in a judicial proceeding or a court or authority seized with a legal proceeding to effect service of documents directly through electronic means to the digital user account of an addressee who is domiciled in another Member State. The conditions for the use of Such type of direct electronic service should ensure that electronic user accounts are used for the purpose of service of documents,
  however, be permitted
  only if there are appropriate safeguards for the protection of the interests of the addressees, either by way of

  including
  high technical standards or in form of

  and
  an explicit consent given by the addressee.
  Where documents are served or transmitted electronically, the possibility should be available to provide an acknowledgement of receipt of such documents. [Am. 7]

| (8) | Given the need to improve the framework provisions for judicial cooperation in the Union and update public legal administrative procedures in order to increase cross-border interoperability and facilitate interaction with citizens,
  the already existing direct channels for transmission and service of documents should be improved so that they provide
  rapid,
  reliable
  , more secure
  and generally accessible alternatives to the traditional transmission via the receiving agencies. For this purpose, postal service providers should use a specific acknowledgement of receipt when performing service by post under Article 14 of Regulation (EC) No 1393/2007. Similarly, it should be possible for any person interested in a judicial proceeding and for courts or authorities seized with a legal proceeding to effect service of documents in the territory of all Member States directly through the judicial officers, officials or other competent persons of the Member State addressed. [Am. 8] |
| --- | --- |

(8)

Given the need to improve the framework provisions for judicial cooperation in the Union and update public legal administrative procedures in order to increase cross-border interoperability and facilitate interaction with citizens,
  the already existing direct channels for transmission and service of documents should be improved so that they provide
  rapid,
  reliable
  , more secure
  and generally accessible alternatives to the traditional transmission via the receiving agencies. For this purpose, postal service providers should use a specific acknowledgement of receipt when performing service by post under Article 14 of Regulation (EC) No 1393/2007. Similarly, it should be possible for any person interested in a judicial proceeding and for courts or authorities seized with a legal proceeding to effect service of documents in the territory of all Member States directly through the judicial officers, officials or other competent persons of the Member State addressed. [Am. 8]

| (8a) | Where the defendant has not appeared and no certificate of service or delivery has been received, the judge should still be able to give judgement, subject to certain limitations and provided that various requirements for the safeguard of the interests of the defendant have been complied with. In those cases, it is essential to ensure that all reasonable efforts are made to inform the defendant that court proceedings have been initiated against her or him. For that purpose, the court should send alert messages through all available known channels of communication which are likely to be accessible in a manner that is exclusive to the addressee, including, for example, by means of that person’s telephone number, e-mail address or private social media account. [Am. 9] |
| --- | --- |

(8a)

Where the defendant has not appeared and no certificate of service or delivery has been received, the judge should still be able to give judgement, subject to certain limitations and provided that various requirements for the safeguard of the interests of the defendant have been complied with. In those cases, it is essential to ensure that all reasonable efforts are made to inform the defendant that court proceedings have been initiated against her or him. For that purpose, the court should send alert messages through all available known channels of communication which are likely to be accessible in a manner that is exclusive to the addressee, including, for example, by means of that person’s telephone number, e-mail address or private social media account. [Am. 9]

| (9) | This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect of the rights of defence of the addressees, which derive from the right to a fair trial, enshrined in Article 47 of the Charter of Fundamental Rights.
  Similarly, by guaranteeing equal access to justice, the Regulation serves to promote non-discrimination (Article 18 TFEU), and respects existing Union rules on the protection of personal data and privacy. [Am. 10] |
| --- | --- |

(9)

This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect of the rights of defence of the addressees, which derive from the right to a fair trial, enshrined in Article 47 of the Charter of Fundamental Rights.
  Similarly, by guaranteeing equal access to justice, the Regulation serves to promote non-discrimination (Article 18 TFEU), and respects existing Union rules on the protection of personal data and privacy. [Am. 10]

| (9a) | It is important to ensure that this Regulation is applied in compliance with Union data protection law and respects the protection of privacy as enshrined in the Charter of Fundamental Rights of the European Union. It is also important to ensure that any processing of the personal data of natural persons under this Regulation is undertaken in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC. Personal data provided under this Regulation should be processed only for the specific purposes set out in this Regulation. [Am. 11] |
| --- | --- |

(9a)

It is important to ensure that this Regulation is applied in compliance with Union data protection law and respects the protection of privacy as enshrined in the Charter of Fundamental Rights of the European Union. It is also important to ensure that any processing of the personal data of natural persons under this Regulation is undertaken in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC. Personal data provided under this Regulation should be processed only for the specific purposes set out in this Regulation. [Am. 11]

| (10) | In order to enable a swift adaptation of the Annexes to Regulation (EC) No 1393/2007

  In order to define the detailed arrangements for the functioning of the decentralised IT system for communication and exchange of documents between the agencies and bodies designated by the Member States, and in order to determine the detailed arrangements for the functioning of the qualified electronic registered delivery services which will be used for the purpose of service of documents through electronic means
  , 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 amendments to Annexes I, II and IV to that Regulation.
  Such delegated acts should guarantee effective, reliable and smooth transmission of the relevant data, as well as a high level of security in the transmission, the protection of privacy and personal data and, with regard to electronic service of documents, equal access for person with disabilities. Furthermore, in order to enable a swift adaptation of the Annexes to Regulation (EC) No 1393/2007, 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 amendments to Annexes I, II and IV to that Regulation.
  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (4). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 12] |
| --- | --- |

(10)

In order to enable a swift adaptation of the Annexes to Regulation (EC) No 1393/2007

  In order to define the detailed arrangements for the functioning of the decentralised IT system for communication and exchange of documents between the agencies and bodies designated by the Member States, and in order to determine the detailed arrangements for the functioning of the qualified electronic registered delivery services which will be used for the purpose of service of documents through electronic means
  , 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 amendments to Annexes I, II and IV to that Regulation.
  Such delegated acts should guarantee effective, reliable and smooth transmission of the relevant data, as well as a high level of security in the transmission, the protection of privacy and personal data and, with regard to electronic service of documents, equal access for person with disabilities. Furthermore, in order to enable a swift adaptation of the Annexes to Regulation (EC) No 1393/2007, 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 amendments to Annexes I, II and IV to that Regulation.
  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (4). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 12]

| (11) | In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, the Commission should evaluate this Regulation on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the Regulation and the need for any further action. |
| --- | --- |

(11)

In accordance with paragraphs 22 and 23 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, the Commission should evaluate this Regulation on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the Regulation and the need for any further action.

| (12) | Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the creation of a legal framework ensuring the expedite and efficient transmission and service of judicial and extrajudicial documents across the Member States, 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 Regulation does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(12)

Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the creation of a legal framework ensuring the expedite and efficient transmission and service of judicial and extrajudicial documents across the Member States, 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 Regulation does not go beyond what is necessary in order to achieve that objective.

| (12a) | This Regulation seeks to improve the effectiveness and speed of judicial procedures by simplifying and streamlining procedures for the notification or communication of judicial and extrajudicial documents at Union level, while at the same time helping to reduce delays and costs for individuals and businesses. In addition, greater legal certainty, coupled with simpler, streamlined and digitalised procedures can encourage individuals and businesses to engage in cross-border transactions, thereby boosting trade within the Union and hence the functioning of the internal market. [Am. 13] |
| --- | --- |

(12a)

This Regulation seeks to improve the effectiveness and speed of judicial procedures by simplifying and streamlining procedures for the notification or communication of judicial and extrajudicial documents at Union level, while at the same time helping to reduce delays and costs for individuals and businesses. In addition, greater legal certainty, coupled with simpler, streamlined and digitalised procedures can encourage individuals and businesses to engage in cross-border transactions, thereby boosting trade within the Union and hence the functioning of the internal market. [Am. 13]

| (13) | In accordance with Article 3 and Article 4a(1) of protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, the [United Kingdom] [and] [Ireland] [have/has notified their/its wish to take part in the adoption and application of the present Regulation] [are/is not taking part in the adoption of this Regulation and is not bound by it or subject to its application]. |
| --- | --- |

(13)

In accordance with Article 3 and Article 4a(1) of protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, the [United Kingdom] [and] [Ireland] [have/has notified their/its wish to take part in the adoption and application of the present Regulation] [are/is not taking part in the adoption of this Regulation and is not bound by it or subject to its application].

| (14) | In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. |
| --- | --- |

(14)

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

| (15) | Regulation (EC) No 1393/2007 should therefore be amended accordingly, |
| --- | --- |

(15)

Regulation (EC) No 1393/2007 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1393/2007 is amended as follows:

| (1) | Article 1 is replaced by the following:

  ‘Article 1
  Scope and definitions

  1.   This Regulation shall apply in civil and commercial matters to the service of:






  (a) | judicial documents on persons domiciled in a Member State other than the one where the judicial proceedings take place; |
| --- | --- | --- |

(1)

Article 1 is replaced by the following:

‘Article 1

Scope and definitions

1.   This Regulation shall apply in civil and commercial matters to the service of:

(a)

judicial documents on persons domiciled in a Member State other than the one where the judicial proceedings take place;

| (b) | extrajudicial documents that have to be transmitted from one Member State to another. |
| --- | --- |

(b)

extrajudicial documents that have to be transmitted from one Member State to another.

It shall not extend in particular to revenue, customs or administrative matters or to liability of the State for actions or omissions in the exercise of state authority (acta iure imperii).

2.   With the exception of Article 3c, this Regulation shall not apply where the address of the person to be served with the document is not known.

3.   This Regulation shall not apply to service of a document on the party’s authorised representative in the Member State where the proceedings are taking place regardless of the place of residence of that party.
  [Am. 14]

4.   For the purposes of this Regulation, the following definitions shall apply:

| (a) | “Member State” means the Member States with the exception of Denmark; |
| --- | --- |

(a)

“Member State” means the Member States with the exception of Denmark;

| (b) | “the forum Member State” means the Member State where the judicial proceedings take place.’; |
| --- | --- |

(b)

“the forum Member State” means the Member State where the judicial proceedings take place.’;

| (2) | in Article 2 (4), point (c) is replaced by the following:






  ‘(c) | the means of receipt of documents available to them for the cases set out in Article 3a(6)

  (4)
  ;’; [Am. 15] |
| --- | --- | --- |

(2)

in Article 2 (4), point (c) is replaced by the following:

‘(c)

the means of receipt of documents available to them for the cases set out in Article 3a(6)

  (4)
  ;’; [Am. 15]

(6)

(4)

[Am. 15]

| (3) | the following Articles 3a, 3b and 3c are inserted:

  ‘Article 3a
  Means of communication to be used by transmitting and receiving agencies, and central bodies

  1.   
  The transmission of
  documents, requests
  , including the requests drawn up using the standard forms in Annex I
  , confirmations, receipts, certificates and any
  other
  communication carried out on the basis of the standard forms in Annex I between the transmitting agencies and receiving agencies, between those agencies and the central bodies, or between the central bodies of the different Member States shall be transmitted

  carried out
  through a decentralised IT system composed of national IT systems interconnected by a communication infrastructure enabling the secure, and reliable
  and in real time
  cross-border exchange of information between the national IT systems.
  Such decentralised IT system shall be based on e-CODEX and it shall be supported by Union funding. [Am. 16]



  2.   The general legal framework for the use of
  qualified
  trust services set out in Council Regulation (EU) No 910/2014 (*1) shall apply to the documents, requests, confirmations, receipts, certificates and any communication transmitted through the decentralised IT system referred to in paragraph 1. [Am. 17]



  3.   Where the documents, requests, confirmations, receipts, certificates and other communication referred to in paragraph 1 require or feature a seal or handwritten signature,
  the appropriate
  ‘qualified electronic seals’ and ‘qualified electronic signatures’ as defined in Regulation (EU) No 910/2014 of the European Parliament and of the Council may be used instead
  , provided that it is fully ensured that the person on whom the aforementioned documents are served has obtained knowledge of the documents in sufficient time and in a lawful manner
  . [Am. 18]



  4.   If transmission in accordance with paragraph 1 is not possible due to an unforeseen and

  unforeseen circumstances or an
  exceptional disruption of the decentralised IT system, transmission shall be carried out by the swiftest possible alternative means
  , guaranteeing the same high level of efficiency, reliability, security and protection of privacy and personal data
  . [Am. 19]





  4a.
     
  The fundamental rights and freedoms of all persons involved, and in particular the right to the protection of personal data and privacy, shall be fully observed and respected. [Am. 20]





  4b.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 18 in order to supplement this Regulation by establishing the detailed arrangements for the functioning of the decentralised IT system. When exercising that power, the Commission shall ensure that the system guarantees an effective, reliable and smooth exchange of the relevant information, as well as a high level of security in the transmission and the protection of privacy and personal data in line with Regulation (EU) 2016/679 and Directive 2002/58/EC. [Am. 21]




  Article 3b
  Costs of establishing the decentralised IT system

  1.   Each Member State shall bear the costs of the installation, operation and maintenance of its communication infrastructure access points interconnecting the national IT systems in the context of the decentralised IT system referred to in Article 3a.


  2.   Each Member State shall bear the costs of establishing and adjusting its national IT systems to make them interoperable with the communication infrastructure, as well as the costs of administering, operating and maintaining those systems.


  3.   Paragraphs 1 and 2 shall be without prejudice to the possibility to apply for grants to support activities referred to in those paragraphs under the Union’s financial programmes.



  Article 3c
  Assistance in address enquiries

  1.   Where the address of the person to be served with the judicial or extrajudicial document in another Member State is not known, Member States shall provide assistance
  , without undue delay and in any case within 10 working days,
  by one or more of the following means: [Am. 22]







  (a) | judicial assistance to determine the address of the person to be served by designated authorities upon the request of the court of the Member State seized with a proceeding; |
| --- | --- | --- |

(3)

the following Articles 3a, 3b and 3c are inserted:

‘Article 3a

Means of communication to be used by transmitting and receiving agencies, and central bodies

1.   
  The transmission of
  documents, requests
  , including the requests drawn up using the standard forms in Annex I
  , confirmations, receipts, certificates and any
  other
  communication carried out on the basis of the standard forms in Annex I between the transmitting agencies and receiving agencies, between those agencies and the central bodies, or between the central bodies of the different Member States shall be transmitted

  carried out
  through a decentralised IT system composed of national IT systems interconnected by a communication infrastructure enabling the secure, and reliable
  and in real time
  cross-border exchange of information between the national IT systems.
  Such decentralised IT system shall be based on e-CODEX and it shall be supported by Union funding. [Am. 16]

2.   The general legal framework for the use of
  qualified
  trust services set out in Council Regulation (EU) No 910/2014 (*1) shall apply to the documents, requests, confirmations, receipts, certificates and any communication transmitted through the decentralised IT system referred to in paragraph 1. [Am. 17]

3.   Where the documents, requests, confirmations, receipts, certificates and other communication referred to in paragraph 1 require or feature a seal or handwritten signature,
  the appropriate
  ‘qualified electronic seals’ and ‘qualified electronic signatures’ as defined in Regulation (EU) No 910/2014 of the European Parliament and of the Council may be used instead
  , provided that it is fully ensured that the person on whom the aforementioned documents are served has obtained knowledge of the documents in sufficient time and in a lawful manner
  . [Am. 18]

4.   If transmission in accordance with paragraph 1 is not possible due to an unforeseen and

  unforeseen circumstances or an
  exceptional disruption of the decentralised IT system, transmission shall be carried out by the swiftest possible alternative means
  , guaranteeing the same high level of efficiency, reliability, security and protection of privacy and personal data
  . [Am. 19]

4a.
     
  The fundamental rights and freedoms of all persons involved, and in particular the right to the protection of personal data and privacy, shall be fully observed and respected. [Am. 20]

4b.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 18 in order to supplement this Regulation by establishing the detailed arrangements for the functioning of the decentralised IT system. When exercising that power, the Commission shall ensure that the system guarantees an effective, reliable and smooth exchange of the relevant information, as well as a high level of security in the transmission and the protection of privacy and personal data in line with Regulation (EU) 2016/679 and Directive 2002/58/EC. [Am. 21]

Article 3b

Costs of establishing the decentralised IT system

1.   Each Member State shall bear the costs of the installation, operation and maintenance of its communication infrastructure access points interconnecting the national IT systems in the context of the decentralised IT system referred to in Article 3a.

2.   Each Member State shall bear the costs of establishing and adjusting its national IT systems to make them interoperable with the communication infrastructure, as well as the costs of administering, operating and maintaining those systems.

3.   Paragraphs 1 and 2 shall be without prejudice to the possibility to apply for grants to support activities referred to in those paragraphs under the Union’s financial programmes.

Article 3c

Assistance in address enquiries

1.   Where the address of the person to be served with the judicial or extrajudicial document in another Member State is not known, Member States shall provide assistance
  , without undue delay and in any case within 10 working days,
  by one or more of the following means: [Am. 22]

(a)

judicial assistance to determine the address of the person to be served by designated authorities upon the request of the court of the Member State seized with a proceeding;

| (b) | the possibility for persons from other Member States to submit requests for information on addresses directly to domicile registers or other publicly accessible databases including electronically, by means of a standard form via the European e-justice Portal; |
| --- | --- |

(b)

the possibility for persons from other Member States to submit requests for information on addresses directly to domicile registers or other publicly accessible databases including electronically, by means of a standard form via the European e-justice Portal;

| (c) | detailed practical guidance
  , which is accessible online,
  on the mechanisms available for the determination of the addresses of persons within the framework of the European Judicial Network in civil and commercial matters and with a view to making the information available to the public. [Am. 23] |
| --- | --- |

(c)

detailed practical guidance
  , which is accessible online,
  on the mechanisms available for the determination of the addresses of persons within the framework of the European Judicial Network in civil and commercial matters and with a view to making the information available to the public. [Am. 23]

2.   Each Member State shall provide the Commission with the following information:

| (a) | the method

  methods
  of assistance which the Member State will provide in its territory pursuant to paragraph 1; [Am. 24] |
| --- | --- |

(a)

the method

  methods
  of assistance which the Member State will provide in its territory pursuant to paragraph 1; [Am. 24]

| (b) | where applicable, the names and addresses of the authorities referred to in paragraph (1) (a) and (b); |
| --- | --- |

(b)

where applicable, the names and addresses of the authorities referred to in paragraph (1) (a) and (b);

Member States shall notify the Commission of any subsequent modification of that information.

(*1)  Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’;"

*1

| (4) | Article 4 is replaced by the following:

  ‘Article 4
  Transmission of documents

  1.   Judicial documents shall be transmitted directly and as soon as possible between the agencies designated pursuant to Article 2.


  2.   The document to be transmitted shall be accompanied by a request drawn up using the standard form set out in Annex I. The form shall be completed in the official language of the Member State addressed or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected, or in another language which that Member State has indicated it can accept. Each Member State shall indicate the official language or languages of the Union other than its own which is or are acceptable to it for completion of the form.


  3.   
  This Regulation shall be without prejudice to any requirements under national law, relating to the accuracy, authenticity and due legal form of documents.
  The documents that are transmitted through the decentralised IT system referred to in Article 3a shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that they are in an electronic form. If
  a
  paper documents are

  document is
  transformed into electronic form for the purpose of transmission through the decentralised IT system, the electronic copies

  copy
  or their printouts

  its printout
  shall have the same effect as the original documents

  document, unless the national law of the Member State addressed requires such document to be served in original and paper version
  .
  In that case, the receiving agency shall issue a paper version of the document received in electronic form. Where the original documents featured a seal or handwritten signature, the issued document shall feature a seal or handwritten signature. The document issued by the receiving agency shall have the same effect as the original document
  .’; [Am. 25] |
| --- | --- |

(4)

Article 4 is replaced by the following:

‘Article 4

Transmission of documents

1.   Judicial documents shall be transmitted directly and as soon as possible between the agencies designated pursuant to Article 2.

2.   The document to be transmitted shall be accompanied by a request drawn up using the standard form set out in Annex I. The form shall be completed in the official language of the Member State addressed or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected, or in another language which that Member State has indicated it can accept. Each Member State shall indicate the official language or languages of the Union other than its own which is or are acceptable to it for completion of the form.

3.   
  This Regulation shall be without prejudice to any requirements under national law, relating to the accuracy, authenticity and due legal form of documents.
  The documents that are transmitted through the decentralised IT system referred to in Article 3a shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that they are in an electronic form. If
  a
  paper documents are

  document is
  transformed into electronic form for the purpose of transmission through the decentralised IT system, the electronic copies

  copy
  or their printouts

  its printout
  shall have the same effect as the original documents

  document, unless the national law of the Member State addressed requires such document to be served in original and paper version
  .
  In that case, the receiving agency shall issue a paper version of the document received in electronic form. Where the original documents featured a seal or handwritten signature, the issued document shall feature a seal or handwritten signature. The document issued by the receiving agency shall have the same effect as the original document
  .’; [Am. 25]

| (5) | Article 6 is replaced by the following:

  ‘Article 6
  Receipt of documents by receiving agency

  1.   On receipt of a document, an automatic receipt of delivery shall be sent
  immediately
  to the transmitting agency via the decentralised IT system referred to in Article 3a. [Am. 26]



  2.   Where the request for service cannot be fulfilled on the basis of the information or documents transmitted, the receiving agency shall contact
  immediately and in any event within four working days
  the transmitting agency in order to secure the missing information or documents. [Am. 27]



  3.   If the request for service is manifestly outside the scope of this Regulation or if non-compliance with the formal conditions required makes service impossible, the request and the documents transmitted shall be returned, on receipt, to the transmitting agency,
  immediately and in any event within four working days
  , together with the notice of return using the standard form set out in Annex I. [Am. 28]



  4.   A receiving agency receiving a document for service but not having territorial jurisdiction to serve it shall forward it, as well as the request,
  immediately and in any event within four working days
  through the decentralised IT system referred to in Article 3a to the receiving agency having territorial jurisdiction in the same Member State if the request complies with the conditions laid down in Article 4(2) and shall
  at the same time
  inform the transmitting agency accordingly using the standard form set out in Annex I. Upon receipt of the document and the request by the receiving agency having territorial jurisdiction in the same Member State, an automatic receipt of delivery is sent
  immediately
  to the transmitting agency, via the decentralised IT system referred to in Article 3a. [Am. 29]





  4a.
     
  Paragraphs 1 to 4 shall apply mutatis mutandis to situations referred to in paragraph 4 of Article 3a. However, in those cases, the deadlines defined in paragraphs 1 to 4 of this Article shall not apply, but the relevant operations shall be carried out as soon as possible.’; [Am. 30] |
| --- | --- |

(5)

Article 6 is replaced by the following:

‘Article 6

Receipt of documents by receiving agency

1.   On receipt of a document, an automatic receipt of delivery shall be sent
  immediately
  to the transmitting agency via the decentralised IT system referred to in Article 3a. [Am. 26]

2.   Where the request for service cannot be fulfilled on the basis of the information or documents transmitted, the receiving agency shall contact
  immediately and in any event within four working days
  the transmitting agency in order to secure the missing information or documents. [Am. 27]

3.   If the request for service is manifestly outside the scope of this Regulation or if non-compliance with the formal conditions required makes service impossible, the request and the documents transmitted shall be returned, on receipt, to the transmitting agency,
  immediately and in any event within four working days
  , together with the notice of return using the standard form set out in Annex I. [Am. 28]

4.   A receiving agency receiving a document for service but not having territorial jurisdiction to serve it shall forward it, as well as the request,
  immediately and in any event within four working days
  through the decentralised IT system referred to in Article 3a to the receiving agency having territorial jurisdiction in the same Member State if the request complies with the conditions laid down in Article 4(2) and shall
  at the same time
  inform the transmitting agency accordingly using the standard form set out in Annex I. Upon receipt of the document and the request by the receiving agency having territorial jurisdiction in the same Member State, an automatic receipt of delivery is sent
  immediately
  to the transmitting agency, via the decentralised IT system referred to in Article 3a. [Am. 29]

4a.
     
  Paragraphs 1 to 4 shall apply mutatis mutandis to situations referred to in paragraph 4 of Article 3a. However, in those cases, the deadlines defined in paragraphs 1 to 4 of this Article shall not apply, but the relevant operations shall be carried out as soon as possible.’; [Am. 30]

| (6) | The following Article 7a is inserted:

  ‘Article 7a

  Obligation to appoint

  Appointment of
  a representative for the purpose of service in the forum Member State [Am. 31]


  1.   Where a document instituting the proceedings has
  already
  been served upon the defendant
  and the defendant has not refused to accept such document in accordance with Article 8
  , the law of the forum Member State may impose an obligation upon

  shall offer to
  parties who are domiciled in another Member State to appoint

  the option of appointing
  a representative for the purpose of service of documents on them in the forum Member State.
  If the party concerned has been duly informed of the consequences of choosing to avail of this option and has expressly chosen it, the service of documents shall be effected on the party’s authorised representative in the forum Member State, in accordance with the laws and practices of that Member State for the proceedings. [Am. 32]



  2.   Where a party fails to comply with the obligation to appoint a representative in accordance with paragraph 1 and has not expressed his or her consent to use an electronic user account

  address
  for service in accordance with point (b) of Article 15a, any method of service permitted under the law of the forum Member State may be used for service of documents during the proceedings, provided that the party concerned has been duly informed about this consequence
  by the time the document instituting the proceedings was served
  .’; [Am. 33] |
| --- | --- |

(6)

The following Article 7a is inserted:

‘Article 7a

Obligation to appoint

  Appointment of
  a representative for the purpose of service in the forum Member State [Am. 31]

1.   Where a document instituting the proceedings has
  already
  been served upon the defendant
  and the defendant has not refused to accept such document in accordance with Article 8
  , the law of the forum Member State may impose an obligation upon

  shall offer to
  parties who are domiciled in another Member State to appoint

  the option of appointing
  a representative for the purpose of service of documents on them in the forum Member State.
  If the party concerned has been duly informed of the consequences of choosing to avail of this option and has expressly chosen it, the service of documents shall be effected on the party’s authorised representative in the forum Member State, in accordance with the laws and practices of that Member State for the proceedings. [Am. 32]

2.   Where a party fails to comply with the obligation to appoint a representative in accordance with paragraph 1 and has not expressed his or her consent to use an electronic user account

  address
  for service in accordance with point (b) of Article 15a, any method of service permitted under the law of the forum Member State may be used for service of documents during the proceedings, provided that the party concerned has been duly informed about this consequence
  by the time the document instituting the proceedings was served
  .’; [Am. 33]

| (7) | Article 8 is replaced by the following:

  ‘Article 8
  Refusal to accept a document

  1.   The receiving agency shall inform the addressee, using the standard form set out in Annex II, that he or she may refuse to accept the document to be served if it is not written in, or accompanied by a

  an official
  translation into, either of the following languages:








  (a) | a language which the addressee understands;.
  or |
| --- | --- | --- |

(7)

Article 8 is replaced by the following:

‘Article 8

Refusal to accept a document

1.   The receiving agency shall inform the addressee, using the standard form set out in Annex II, that he or she may refuse to accept the document to be served if it is not written in, or accompanied by a

  an official
  translation into, either of the following languages:

(a)

a language which the addressee understands;.

| (b) | the official language of the Member State addressed or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected.
  [Am. 34] |
| --- | --- |

(b)

the official language of the Member State addressed or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected.
  [Am. 34]

2.   The addressee may
  , based on reasonable grounds,
  refuse to accept the document at the time of service or within two weeks by returning the standard form set out in Annex II to the receiving agency. [Am. 35]

3.   Where the receiving agency is informed that the addressee refuses to accept the document in accordance with paragraphs 1 and 2, it shall immediately inform the transmitting agency by means of the certificate provided for in Article 10 and return the request
  and the document in respect of which a translation is requested
  . [Am. 36]

4.   If the addressee has refused to accept the document in accordance with paragraphs 1 and 2, the court or authority seized with the legal proceedings, in the course of which service was carried out, shall verify
  , at the earliest possible opportunity,
  whether the refusal was well founded. [Am. 37]

5.   The service of the document may be remedied through the service on the addressee, in accordance with the provisions of this Regulation of the document accompanied by a

  an official
  translation into a language provided for in paragraph 1. In that case, the date of service of the document shall be the date on which the document accompanied by the

  an official
  translation is served in accordance with the law of the Member State addressed. However, where according to the law of a Member State, a document has to be served within a particular period, the date to be taken into account with respect to the applicant shall be the date of the service of the initial document determined pursuant to Article 9(2). [Am. 38]

6.   Paragraphs 1 to 5 shall apply to the other means of transmission and service of judicial documents provided for in Section 2.

7.   For the purposes of paragraph 1, the diplomatic or consular agents, where service is effected in accordance with Article 13, or the authority or person, where service is effected in accordance with Article 14 or 15a, shall inform the addressee that he or she may refuse to accept the document and that any document refused must be sent
  immediately
  to those agents or to that authority or person respectively.’; [Am. 39]

| (8) | in Article 10, paragraph 1 is replaced by the following:

  ‘1.   When the formalities concerning the service of the document have been completed, a certificate of completion of those formalities shall be drawn up in the standard form set out in Annex I and addressed to the transmitting agency.’; |
| --- | --- |

(8)

in Article 10, paragraph 1 is replaced by the following:

‘1.   When the formalities concerning the service of the document have been completed, a certificate of completion of those formalities shall be drawn up in the standard form set out in Annex I and addressed to the transmitting agency.’;

| (9) | Articles 14 and 15 are replaced by the following:

  ‘Article 14
  Service by postal
  or courier
  services [Am. 40]


  1.   Service of judicial documents may be effected directly by postal
  or courier
  services on persons domiciled in another Member State by registered letter
  or bundle
  with acknowledgement of receipt. [Am. 41]



  2.   For the purpose of this Article, service by post
  or courier
  shall be carried out by using the specific acknowledgement of receipt set out in Annex IV. [Am. 42]



  3.   Irrespective of the law of the Member State of origin, service by post
  or courier
  shall be considered as validly effected also, if the document was delivered at the addressee’s home address on adult persons who are living in the same household as the addressee or are employed there by the addressee, and who have the ability and are willing to accept the document. [Am. 43]




  Article 15
  Direct service

  1.   Service of judicial documents may be effected on persons domiciled in another Member State directly through the judicial officers, officials or other competent persons of the Member State addressed.


  2.   Each Member State shall provide the Commission with the information on the type of professions or competent persons who are permitted to carry out service under this Article in their territory.
  That information shall be accessible online
  .’; [Am. 44] |
| --- | --- |

(9)

Articles 14 and 15 are replaced by the following:

‘Article 14

Service by postal
  or courier
  services [Am. 40]

1.   Service of judicial documents may be effected directly by postal
  or courier
  services on persons domiciled in another Member State by registered letter
  or bundle
  with acknowledgement of receipt. [Am. 41]

2.   For the purpose of this Article, service by post
  or courier
  shall be carried out by using the specific acknowledgement of receipt set out in Annex IV. [Am. 42]

3.   Irrespective of the law of the Member State of origin, service by post
  or courier
  shall be considered as validly effected also, if the document was delivered at the addressee’s home address on adult persons who are living in the same household as the addressee or are employed there by the addressee, and who have the ability and are willing to accept the document. [Am. 43]

Article 15

Direct service

1.   Service of judicial documents may be effected on persons domiciled in another Member State directly through the judicial officers, officials or other competent persons of the Member State addressed.

2.   Each Member State shall provide the Commission with the information on the type of professions or competent persons who are permitted to carry out service under this Article in their territory.
  That information shall be accessible online
  .’; [Am. 44]

| (10) | The following Article 15a is inserted:

  ‘Article 15a
  Electronic service

  1.   Service of judicial documents may be effected directly on persons domiciled in another Member State through electronic means to user accounts

  electronic addresses
  accessible to the addressee, provided that one

  both
  of the following conditions is

  are
  fulfilled: [Am. 45]







  (a) | the documents are sent and received using qualified electronic registered delivery services within the meaning of Regulation (EU) No 910/2014 of the European Parliament and of the Council
  , and [Am. 46] |
| --- | --- | --- |

(10)

The following Article 15a is inserted:

‘Article 15a

Electronic service

1.   Service of judicial documents may be effected directly on persons domiciled in another Member State through electronic means to user accounts

  electronic addresses
  accessible to the addressee, provided that one

  both
  of the following conditions is

  are
  fulfilled: [Am. 45]

(a)

the documents are sent and received using qualified electronic registered delivery services within the meaning of Regulation (EU) No 910/2014 of the European Parliament and of the Council
  , and [Am. 46]

| (b) | after the commencement of legal proceedings, the addressee gave express consent to the court or authority seized with the proceedings to use that particular user account

  electronic address
  for purposes of serving documents in course of the legal proceedings. [Am. 47] |
| --- | --- |

(b)

after the commencement of legal proceedings, the addressee gave express consent to the court or authority seized with the proceedings to use that particular user account

  electronic address
  for purposes of serving documents in course of the legal proceedings. [Am. 47]

1a.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 18 in order to supplement this Regulation by establishing the detailed arrangements for the functioning of the qualified electronic registered delivery services which are to be used for the purpose of service of judicial documents by electronic means. When exercising that power, the Commission shall ensure that such services guarantee an effective, reliable and smooth transmission of the relevant documents, as well as a high level of security in the transmission, equal access for persons with disabilities and the protection of privacy and personal data in line with Regulation (EU) 2016/679 and Directive 2002/58/EC.’; [Am. 48]

| (11) | Articles 17 and 18 are replaced by the following:

  ‘Article 17
  Amendment of the Annexes
  The Commission is empowered to adopt delegated acts in accordance with Article 18 to amend Annexes I, II and IV to update the standard forms or to make technical changes to those forms.


  Article 18
  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
  3a, in Article 15a and in Article
  17 shall be conferred on the Commission for an indeterminate

  a
  period of time

  five years
  from ... [the date of entry into force of this Regulation]. [Am. 49]



  3.   The delegation of power referred to in Article 17 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.


  4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (*2).


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


  6.   A delegated act adopted pursuant to
  Article 3a, Article 15a or
  Article 17 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

  three
  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. [Am. 50]




  (*2)  OJ L 123, 12.5.2016, p. 1.’;" |
| --- | --- |

(11)

Articles 17 and 18 are replaced by the following:

‘Article 17

Amendment of the Annexes

The Commission is empowered to adopt delegated acts in accordance with Article 18 to amend Annexes I, II and IV to update the standard forms or to make technical changes to those forms.

Article 18

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
  3a, in Article 15a and in Article
  17 shall be conferred on the Commission for an indeterminate

  a
  period of time

  five years
  from ... [the date of entry into force of this Regulation]. [Am. 49]

3.   The delegation of power referred to in Article 17 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (*2).

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

6.   A delegated act adopted pursuant to
  Article 3a, Article 15a or
  Article 17 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

  three
  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. [Am. 50]

(*2)  OJ L 123, 12.5.2016, p. 1.’;"

*2

| (12) | the following Articles 18a and 18b are inserted:



  ‘Article 18a


  Establishment of the decentralised IT system


  The Commission shall adopt implementing acts establishing the decentralised IT system as referred to in Article 3a. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18b (2).
  [Am. 51]




  Article 18b


  Committee procedure



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




  2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.’;
  [Am. 52] |
| --- | --- |

(12)

(12)

the following Articles 18a and 18b are inserted:

the following Articles 18a and 18b are inserted:

‘Article 18a

Establishment of the decentralised IT system

The Commission shall adopt implementing acts establishing the decentralised IT system as referred to in Article 3a. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18b (2).
  [Am. 51]

Article 18b

Committee procedure

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

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.’;
  [Am. 52]

| (13) | Article 19 is replaced by the following:

  ‘Article 19
  Defendant not entering an appearance

  1.   Where a document instituting the proceedings has had to be transmitted to another Member State for the purpose of service under the provisions of this Regulation and the defendant has not appeared, judgment shall not be given until it is established that the service or the delivery was effected in sufficient time
  and in a lawful manner
  to enable the defendant to defend and that: [Am. 53]







  (a) | the document was served by a method prescribed by the internal law of the Member State addressed for the service of documents in domestic actions upon persons who are within its territory; or |
| --- | --- | --- |

(13)

Article 19 is replaced by the following:

‘Article 19

Defendant not entering an appearance

1.   Where a document instituting the proceedings has had to be transmitted to another Member State for the purpose of service under the provisions of this Regulation and the defendant has not appeared, judgment shall not be given until it is established that the service or the delivery was effected in sufficient time
  and in a lawful manner
  to enable the defendant to defend and that: [Am. 53]

(a)

the document was served by a method prescribed by the internal law of the Member State addressed for the service of documents in domestic actions upon persons who are within its territory; or

| (b) | the document was actually delivered to the defendant or to his residence by another method provided for by this Regulation; |
| --- | --- |

(b)

the document was actually delivered to the defendant or to his residence by another method provided for by this Regulation;

2.   Notwithstanding the provisions of paragraph 1, the judge may give judgment even if no certificate of service or delivery has been received, where all the following conditions are fulfilled:

| (a) | the document was transmitted by one of the methods provided for in this Regulation; |
| --- | --- |

(a)

the document was transmitted by one of the methods provided for in this Regulation;

| (b) | a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document;
  [Am. 54] |
| --- | --- |

(b)

a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document;
  [Am. 54]

| (c) | no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities or bodies of the Member State addressed. |
| --- | --- |

(c)

no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities or bodies of the Member State addressed.

3.   Where the conditions set out in paragraph 2 are met, reasonable efforts shall be made to inform the defendant through any

  all
  available channels of communication, including means of modern
  remote
  communication technology, for which an address or an account

  electronic address
  is known to the court seized, that court proceedings have been instituted against him or her. [Am. 55]

4.   Notwithstanding paragraphs 1 and 2, the judge may, in
  justified
  cases of urgency, order any provisional or protective measures. [Am. 56]

5.   Where a document instituting the proceedings has had to be transmitted to another Member State for the purpose of service under the provisions of this Regulation and a judgment has been entered against a defendant who has not appeared, the judge shall have the power to relieve the defendant from the effects of the expiry of the time for appeal from the judgment where both of the following conditions are fulfilled:

| (a) | the defendant, without any fault on his part, did not have knowledge of the document in sufficient time
  and/or in a lawful manner
  to defend, or knowledge of the judgment in sufficient time to appeal; [Am. 57] |
| --- | --- |

(a)

the defendant, without any fault on his part, did not have knowledge of the document in sufficient time
  and/or in a lawful manner
  to defend, or knowledge of the judgment in sufficient time to appeal; [Am. 57]

| (b) | the defendant has disclosed a prima facie defence to the action on the merits. |
| --- | --- |

(b)

the defendant has disclosed a prima facie defence to the action on the merits.

An application for relief may be filed only within a reasonable time after the defendant has knowledge of the judgment.

Such application shall not be entertained if it is filed more than two years following the date of the judgment.

6.   After the expiry of the period of two years following the date of the judgment referred to in paragraph 2, the provisions of national law allowing for an extraordinary relief from the effects of the expiry of the time for appeal may not be applied in the context of challenging the recognition and enforcement of that judgment in another Member State.

7.   Paragraphs 5 and 6 shall not apply to judgments concerning the status or capacity of persons.’;

| (13a) | in Article 22, the following paragraph is inserted before paragraph 1:





  ‘-1.
     
  Any processing of personal data carried out pursuant to this Regulation shall be done in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC.’; [Am. 58] |
| --- | --- |

(13a)

(13a)

in Article 22, the following paragraph is inserted before paragraph 1:

in Article 22, the following paragraph is inserted before paragraph 1:

‘-1.
     
  Any processing of personal data carried out pursuant to this Regulation shall be done in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC.’; [Am. 58]

| (13b) | in Article 22, paragraph 1 is replaced by the following:





  ‘1.
     
  Information, including in particular personal data, transmitted under this Regulation shall be used by transmitting agencies, receiving agencies and central bodies only for the specific purposes set out in this Regulation. Personal data which are not relevant for the purposes of this Regulation shall be immediately deleted.’; [Am. 59] |
| --- | --- |

(13b)

(13b)

in Article 22, paragraph 1 is replaced by the following:

in Article 22, paragraph 1 is replaced by the following:

‘1.
     
  Information, including in particular personal data, transmitted under this Regulation shall be used by transmitting agencies, receiving agencies and central bodies only for the specific purposes set out in this Regulation. Personal data which are not relevant for the purposes of this Regulation shall be immediately deleted.’; [Am. 59]

| (13c) | in Article 22, paragraph 2 is replaced by the following:





  ‘2.
     
  Transmitting agencies, receiving agencies and central bodies shall ensure the confidentiality of such information, in accordance with Union and national law.’; [Am. 60] |
| --- | --- |

(13c)

(13c)

in Article 22, paragraph 2 is replaced by the following:

in Article 22, paragraph 2 is replaced by the following:

‘2.
     
  Transmitting agencies, receiving agencies and central bodies shall ensure the confidentiality of such information, in accordance with Union and national law.’; [Am. 60]

| (13d) | in Article 22, paragraph 3 is replaced by the following:





  ‘3.
     
  Paragraphs - 1, 1 and 2 shall not affect Union and national laws enabling data subjects to be informed of the use made of information transmitted under this Regulation.’; [Am. 61] |
| --- | --- |

(13d)

(13d)

in Article 22, paragraph 3 is replaced by the following:

in Article 22, paragraph 3 is replaced by the following:

‘3.
     
  Paragraphs - 1, 1 and 2 shall not affect Union and national laws enabling data subjects to be informed of the use made of information transmitted under this Regulation.’; [Am. 61]

| (13e) | in Article 22, paragraph 4 is replaced by the following:





  ‘4.
     
  Any processing of information carried out by Union institutions and bodies in the framework of this Regulation shall be undertaken in accordance with Regulation (EU) 2018/1725.’; [Am. 62] |
| --- | --- |

(13e)

(13e)

in Article 22, paragraph 4 is replaced by the following:

in Article 22, paragraph 4 is replaced by the following:

‘4.
     
  Any processing of information carried out by Union institutions and bodies in the framework of this Regulation shall be undertaken in accordance with Regulation (EU) 2018/1725.’; [Am. 62]

| (14) | in Article 23, paragraph 1 is replaced by the following:

  ‘1.   Member States shall communicate to the Commission the information referred to in Articles 2, 3, 3c, 4, 10, 11, 13, and 15. Member States shall communicate to the Commission if, according to their law, a document has to be served within a particular period as referred to in Articles 8(3) and 9(2).’; |
| --- | --- |

(14)

in Article 23, paragraph 1 is replaced by the following:

‘1.   Member States shall communicate to the Commission the information referred to in Articles 2, 3, 3c, 4, 10, 11, 13, and 15. Member States shall communicate to the Commission if, according to their law, a document has to be served within a particular period as referred to in Articles 8(3) and 9(2).’;

| (15) | The following Article 23a is inserted:

  ‘Article 23a
  Monitoring

  1.   By ... [two years

  one year
  after the date of application

  entry into force
  ] at the latest, the Commission shall establish a detailed programme for monitoring the outputs, results and impacts of this Regulation. [Am. 63]



  2.   The monitoring programme shall set out the means by which and the intervals at which the data and other necessary evidence are to be collected. It shall specify the action to be taken by the Commission and by the Member States in collecting and analysing the data and other evidence.


  3.   Member States shall provide the Commission with the data and other evidence necessary for the monitoring.’; |
| --- | --- |

(15)

The following Article 23a is inserted:

‘Article 23a

Monitoring

1.   By ... [two years

  one year
  after the date of application

  entry into force
  ] at the latest, the Commission shall establish a detailed programme for monitoring the outputs, results and impacts of this Regulation. [Am. 63]

2.   The monitoring programme shall set out the means by which and the intervals at which the data and other necessary evidence are to be collected. It shall specify the action to be taken by the Commission and by the Member States in collecting and analysing the data and other evidence.

3.   Member States shall provide the Commission with the data and other evidence necessary for the monitoring.’;

| (16) | Article 24 is replaced by the following:

  ‘Article 24
  Evaluation

  1.   No sooner

  later
  than ... [five

  four
  years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee
  , accompanied, where appropriate, by a legislative proposal
  . [Am. 64]



  2.   Member States shall provide the Commission with the information necessary for the preparation of that report.’; |
| --- | --- |

(16)

Article 24 is replaced by the following:

‘Article 24

Evaluation

1.   No sooner

  later
  than ... [five

  four
  years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee
  , accompanied, where appropriate, by a legislative proposal
  . [Am. 64]

2.   Member States shall provide the Commission with the information necessary for the preparation of that report.’;

| (17) | A new Annex IV, as set out in the Annex to this Regulation is added. |
| --- | --- |

(17)

A new Annex IV, as set out in the Annex to this Regulation is added.

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.

It shall apply from ... [18 months after the entry into force of the Regulation].

However:

| (a) | point (14) of Article 1 shall apply from ... [12 months after its entry into force] and |
| --- | --- |

(a)

point (14) of Article 1 shall apply from ... [12 months after its entry into force] and

| (b) | points (3), (4) and (5) in Article 1 shall apply from ... [24 months after its entry into force]. |
| --- | --- |

(b)

points (3), (4) and (5) in Article 1 shall apply from ... [24 months after its entry into force].

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 62, 15.2.2019, p. 56.

1

(2)  Position of the European Parliament of 13 February 2019.

2

(3)  Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 (OJ L 324, 10.12.2007, p. 79).

3

(4)  OJ L 123, 12.5.2016, p. 1.

4

ANNEX

‘ANNEX IV

Acknowledgment of receipt to be used for service by post under Article 14

| ACKNOWLEDGMENT OF RECEIPT
  for the service by post of judicial or extrajudicial documents

  (Art. 14 of Regulation (EU) No 1393/2007) | UNIQUE CONSIGNMENT REFERENCE: |
| --- | --- |
| SENDER:
  Name: | ADDRESSEE:
  Name | Name of the recipient: |
| Signature of the recipient: |
| RECEIPT SHOULD BE RETURNED TO THE FOLLOWING ADDRESS: | DELIVERY ADDRESS: | DATE OF DELIVERY/ RETURN OF THE DOCUMENT:
  dd mm yyyy |
| Street: | Nr. | Street | Nr. | DELIVERED
  to: | RETURNED
  due to: |
| City: | | City | | Addressee: | □ | Address not known: | □ |
| ZIP Code: | | ZIP Code | | Representative: | □ | Addressee unknown: | □ |
| State: | | State: | | Adult person living on the same address: | □ | Unclaimed: | □ |
| Acceptance refused | □ |
| For the postal service provider: |
| Employee of the addressee: | □ | Addressee moved: | □ |

ACKNOWLEDGMENT OF RECEIPT

for the service by post of judicial or extrajudicial documents

(Art. 14 of Regulation (EU) No 1393/2007)

UNIQUE CONSIGNMENT REFERENCE:

SENDER:

Name:

ADDRESSEE:

Name

Name of the recipient:

Signature of the recipient:

RECEIPT SHOULD BE RETURNED TO THE FOLLOWING ADDRESS:

DELIVERY ADDRESS:

DATE OF DELIVERY/ RETURN OF THE DOCUMENT:

dd mm yyyy

Street:

Nr.

Street

Nr.

DELIVERED

to:

RETURNED

due to:

City:

City

Addressee:

□

Address not known:

□

ZIP Code:

ZIP Code

Representative:

□

Addressee unknown:

□

State:

State:

Adult person living on the same address:

□

Unclaimed:

□

Acceptance refused

□

For the postal service provider:

Employee of the addressee:

□

Addressee moved:

□

’

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/560 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/560

---

P8_TA(2019)0105

Common rules ensuring basic road freight connectivity with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union ***I

Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on common rules ensuring basic road freight connectivity with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union (COM(2018)0895 — C8-0511/2018 — 2018/0436(COD)) (1)

(Ordinary legislative procedure: first reading)

(2020/C 449/58)

Amendment 1

Proposal for regulation

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | In order to prevent ensuing serious disruptions, including in respect of public order, it is therefore necessary to establish a temporary set of measures enabling road haulage operators licensed in the United Kingdom to carry goods by road between the territory of the latter and the remaining twenty-seven Member States. In order to ensure a proper equilibrium between the United Kingdom and the remaining Member States, the rights thus conferred should be conditional upon the conferral of equivalent rights and be subject to certain conditions ensuring fair competition. |

Text proposed by the Commission

Amendment

(4)

In order to prevent ensuing serious disruptions, including in respect of public order, it is therefore necessary to establish a temporary set of measures enabling road haulage operators licensed in the United Kingdom to carry goods by road between the territory of the latter and the remaining twenty-seven Member States. In order to ensure a proper equilibrium between the United Kingdom and the remaining Member States, the rights thus conferred should be conditional upon the conferral of equivalent rights and be subject to certain conditions ensuring fair competition.

| (4) | In order to prevent ensuing serious disruptions, including in respect of public order, it is therefore necessary to establish a temporary set of measures enabling road haulage operators licensed in the United Kingdom to carry goods by road between the territory of the latter and the remaining twenty-seven Member States
  or from the territory of the United Kingdom to the territory of the United Kingdom transiting one or more Member States
  . In order to ensure a proper equilibrium between the United Kingdom and the remaining Member States, the rights thus conferred should be conditional upon the conferral of equivalent rights and be subject to certain conditions ensuring fair competition. |
| --- | --- |

(4)

In order to prevent ensuing serious disruptions, including in respect of public order, it is therefore necessary to establish a temporary set of measures enabling road haulage operators licensed in the United Kingdom to carry goods by road between the territory of the latter and the remaining twenty-seven Member States
  or from the territory of the United Kingdom to the territory of the United Kingdom transiting one or more Member States
  . In order to ensure a proper equilibrium between the United Kingdom and the remaining Member States, the rights thus conferred should be conditional upon the conferral of equivalent rights and be subject to certain conditions ensuring fair competition.

Amendment 2

Proposal for a regulation

Article 2 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | ‘bilateral
  carriage’ means: |

Text proposed by the Commission

Amendment

(2)

‘bilateral
  carriage’ means:

| (2) | ‘authorised
  carriage’ means: |
| --- | --- |

(2)

‘authorised
  carriage’ means:

| | (a) | a laden journey undertaken by a vehicle
  the point of departure and the point of arrival of which are in the territory of the Union and in the territory of the United Kingdom respectively,
  with or without transit through one or more Member States or third countries; |
| --- | --- | --- |

(a)

a laden journey undertaken by a vehicle
  the point of departure and the point of arrival of which are in the territory of the Union and in the territory of the United Kingdom respectively,
  with or without transit through one or more Member States or third countries;

| | (a) | a laden journey undertaken by a vehicle
  from the territory of the Union to the territory of the United Kingdom or vice versa,
  with or without transit through one or more Member States or third countries; |
| --- | --- | --- |

(a)

a laden journey undertaken by a vehicle
  from the territory of the Union to the territory of the United Kingdom or vice versa,
  with or without transit through one or more Member States or third countries;

| | (b) | an unladen
  journey
  in conjunction with the carriage referred to in point (a)
  . |
| --- | --- | --- |

(b)

an unladen
  journey
  in conjunction with the carriage referred to in point (a)
  .

| | (b) | a laden
  journey
  undertaken by a vehicle from the territory of the United Kingdom to the territory of the United Kingdom with transit through the territory of the Union; |
| --- | --- | --- |

(b)

a laden
  journey
  undertaken by a vehicle from the territory of the United Kingdom to the territory of the United Kingdom with transit through the territory of the Union;

| | (ba) | an unladen journey in conjunction with the carriage referred to in point (a) and (b); |
| --- | --- | --- |

(ba)

an unladen journey in conjunction with the carriage referred to in point (a) and (b);

Amendment 3

Proposal for a regulation

Article 2 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | ‘UK licence’ means a licence issued by the United Kingdom for the purposes of international carriage,
  including bilateral
  carriage; |

Text proposed by the Commission

Amendment

(5)

‘UK licence’ means a licence issued by the United Kingdom for the purposes of international carriage,
  including bilateral
  carriage;

| (5) | ‘UK licence’ means a licence issued by the United Kingdom for the purposes of international carriage,
  in respect of an authorised
  carriage; |
| --- | --- |

(5)

‘UK licence’ means a licence issued by the United Kingdom for the purposes of international carriage,
  in respect of an authorised
  carriage;

Amendment 4

Proposal for a regulation

Article 3 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Right to conduct
  bilateral
  carriage | Right to conduct
  authorised
  carriage |

Text proposed by the Commission

Amendment

Right to conduct
  bilateral
  carriage

Right to conduct
  authorised
  carriage

Amendment 5

Proposal for a regulation

Article 3 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   UK road haulage operators may, under the conditions laid down in this Regulation, conduct
  bilateral
  carriage. | 1.   UK road haulage operators may, under the conditions laid down in this Regulation, conduct
  authorised
  carriage. |

Text proposed by the Commission

Amendment

1.   UK road haulage operators may, under the conditions laid down in this Regulation, conduct
  bilateral
  carriage.

1.   UK road haulage operators may, under the conditions laid down in this Regulation, conduct
  authorised
  carriage.

Amendment 6

Amendment 6

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 2 — introductory part

Article 3 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   
  Bilateral
  carriage of the following kinds may be conducted by natural or legal persons established in the United Kingdom, without a UK licence within the meaning of Article 2(5) being required: | 2.   
  Authorised
  carriage of the following kinds may be conducted by natural or legal persons established in the United Kingdom, without a UK licence within the meaning of Article 2(5) being required: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   
  Bilateral
  carriage of the following kinds may be conducted by natural or legal persons established in the United Kingdom, without a UK licence within the meaning of Article 2(5) being required:

2.   
  Authorised
  carriage of the following kinds may be conducted by natural or legal persons established in the United Kingdom, without a UK licence within the meaning of Article 2(5) being required:

Amendment 7

Amendment 7

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1 — introductory part

Article 4 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| In the course of
  bilateral
  carriage in accordance with this Regulation, the following rules shall be complied with: | In the course of
  authorised
  carriage in accordance with this Regulation, the following rules shall be complied with: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In the course of
  bilateral
  carriage in accordance with this Regulation, the following rules shall be complied with:

bilateral

In the course of
  authorised
  carriage in accordance with this Regulation, the following rules shall be complied with:

authorised

Amendment 8

Amendment 8

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 2

Article 5 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where it determines that the rights granted by the United Kingdom to Union road haulage operators are not, de jure or de facto, equivalent to those granted to UK road haulage operators under this Regulation, or that those rights are not equally available to all Union road haulage operators, the Commission may, in order to restore equivalence, by means of delegated acts: | 2.   Where it determines that the rights granted by the United Kingdom to Union road haulage operators are not, de jure or de facto, equivalent to those granted to UK road haulage operators under this Regulation, or that those rights are not equally available to all Union road haulage operators, the Commission may, in order to restore equivalence, by means of delegated acts: |
| (a) | establish limits to the allowable capacity available to UK road haulage operators or to the number of journeys or to both; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Where it determines that the rights granted by the United Kingdom to Union road haulage operators are not, de jure or de facto, equivalent to those granted to UK road haulage operators under this Regulation, or that those rights are not equally available to all Union road haulage operators, the Commission may, in order to restore equivalence, by means of delegated acts:

2.   Where it determines that the rights granted by the United Kingdom to Union road haulage operators are not, de jure or de facto, equivalent to those granted to UK road haulage operators under this Regulation, or that those rights are not equally available to all Union road haulage operators, the Commission may, in order to restore equivalence, by means of delegated acts:

(a)

(a)

establish limits to the allowable capacity available to UK road haulage operators or to the number of journeys or to both;

| (a) | suspend the application
  of Article 3 (1) and (2)
  of this Regulation
  where no equivalent rights are granted to Union road haulage operators or where the rights granted are minimal
  ; |
| --- | --- |

(a)

(a)

suspend the application
  of Article 3 (1) and (2)
  of this Regulation
  where no equivalent rights are granted to Union road haulage operators or where the rights granted are minimal
  ;

of Article 3 (1) and (2)

where no equivalent rights are granted to Union road haulage operators or where the rights granted are minimal

| (b) | suspend the application of this Regulation; or |
| --- | --- |

(b)

(b)

suspend the application of this Regulation; or

| (b) | establish limits to the allowable capacity available to UK road haulage operators or to the number of journeys or to both; or |
| --- | --- |

(b)

(b)

establish limits to the allowable capacity available to UK road haulage operators or to the number of journeys or to both; or

| (c) | adopt other appropriate measures. |
| --- | --- |

(c)

adopt other appropriate measures.

| (c) | adopt other appropriate measures
  such as financial duties or operational restrictions
  . |
| --- | --- |

(c)

adopt other appropriate measures
  such as financial duties or operational restrictions
  .

such as financial duties or operational restrictions

Amendment 9

Amendment 9

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 2

Article 6 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where it determines that, as a result of any of the situations referred to in paragraph 3, the said conditions are appreciably less favourable than those enjoyed by UK road haulage operators, the Commission may, in order to remedy that situation, by means of delegated acts: | 2.   Where it determines that, as a result of any of the situations referred to in paragraph 3, the said conditions are appreciably less favourable than those enjoyed by UK road haulage operators, the Commission may, in order to remedy that situation, by means of delegated acts: |
| (a) | establish limits to the allowable capacity available to UK road haulage operators or to the number of journeys or to both; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Where it determines that, as a result of any of the situations referred to in paragraph 3, the said conditions are appreciably less favourable than those enjoyed by UK road haulage operators, the Commission may, in order to remedy that situation, by means of delegated acts:

2.   Where it determines that, as a result of any of the situations referred to in paragraph 3, the said conditions are appreciably less favourable than those enjoyed by UK road haulage operators, the Commission may, in order to remedy that situation, by means of delegated acts:

(a)

(a)

establish limits to the allowable capacity available to UK road haulage operators or to the number of journeys or to both;

| (a) | suspend the application
  of Article 3 (1) and (2)
  of this Regulation
  where no equivalent rights are granted to Union road haulage operators or where the rights granted are minimal
  ; |
| --- | --- |

(a)

(a)

suspend the application
  of Article 3 (1) and (2)
  of this Regulation
  where no equivalent rights are granted to Union road haulage operators or where the rights granted are minimal
  ;

of Article 3 (1) and (2)

where no equivalent rights are granted to Union road haulage operators or where the rights granted are minimal

| (b) | suspend the application of this Regulation; or |
| --- | --- |

(b)

(b)

suspend the application of this Regulation; or

| (b) | establish limits to the allowable capacity available to UK road haulage operators or to the number of journeys or to both; or |
| --- | --- |

(b)

(b)

establish limits to the allowable capacity available to UK road haulage operators or to the number of journeys or to both; or

| (c) | adopt other appropriate measures. |
| --- | --- |

(c)

adopt other appropriate measures.

| (c) | adopt other appropriate measures
  such as financial duties or operational restrictions
  . |
| --- | --- |

(c)

adopt other appropriate measures
  such as financial duties or operational restrictions
  .

such as financial duties or operational restrictions

---

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0063/2019).

1

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/564 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/564

---

P8_TA(2019)0106

Common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union ***I

Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on common rules ensuring basic air connectivity with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union (COM(2018)0893 — C8-0510/2018 — 2018/0433(COD)) (1)

(Ordinary legislative procedure: first reading)

(2020/C 449/59)

Amendment 1

Proposal for a regulation

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | In order to reflect its temporary character, the application of this Regulation should be limited to a short period of time,
  without prejudice to the possible negotiation and entry into force of a future agreement covering the provision of air services agreement between the Union and the United Kingdom. |

Text proposed by the Commission

Amendment

(5)

In order to reflect its temporary character, the application of this Regulation should be limited to a short period of time,
  without prejudice to the possible negotiation and entry into force of a future agreement covering the provision of air services agreement between the Union and the United Kingdom.

| (5) | In order to reflect its temporary character, the application of this Regulation should be limited to a short period of time.
  By... [please insert the date of entry into force of this Regulation], the Commission should be given a mandate to open negotiations with the United Kingdom on a comprehensive air transport agreement. |
| --- | --- |

(5)

In order to reflect its temporary character, the application of this Regulation should be limited to a short period of time.
  By... [please insert the date of entry into force of this Regulation], the Commission should be given a mandate to open negotiations with the United Kingdom on a comprehensive air transport agreement.

Amendment 2

Proposal for a regulation

Recital 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5a) | In order to maintain mutually beneficial levels of connectivity, cooperative marketing arrangements, like code-sharing, should be foreseen for both UK air carriers and EU 27 air carriers in line with the principle of reciprocity. |

Text proposed by the Commission

Amendment

(5a)

In order to maintain mutually beneficial levels of connectivity, cooperative marketing arrangements, like code-sharing, should be foreseen for both UK air carriers and EU 27 air carriers in line with the principle of reciprocity.

Amendment 3

Proposal for a regulation

Recital 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | In order
  to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the adoption of measures
  to guarantee a fair degree of reciprocity between the rights unilaterally granted by the Union and the United Kingdom to each other's air carriers, and to ensure that Union carriers can compete with United Kingdom carriers under fair conditions in the provision of air services.
  Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council . |

Text proposed by the Commission

Amendment

(6)

In order
  to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the adoption of measures
  to guarantee a fair degree of reciprocity between the rights unilaterally granted by the Union and the United Kingdom to each other's air carriers, and to ensure that Union carriers can compete with United Kingdom carriers under fair conditions in the provision of air services.
  Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council .

| (6) | In order to guarantee a fair degree of reciprocity between the rights unilaterally granted by the Union and the United Kingdom to each other's air carriers, and to ensure that Union carriers can compete with United Kingdom carriers under fair conditions in the provision of air services,
  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 restoring equivalence or remedying situations of unfair competition by appropriate measures. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making

   (1a)

  . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
| --- | --- |

(6)

In order to guarantee a fair degree of reciprocity between the rights unilaterally granted by the Union and the United Kingdom to each other's air carriers, and to ensure that Union carriers can compete with United Kingdom carriers under fair conditions in the provision of air services,
  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 restoring equivalence or remedying situations of unfair competition by appropriate measures. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making

   (1a)

  . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 4

Proposal for a regulation

Article 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 2a |
| | Temporary exemption from ownership requirement |
| | 1.
     
  The Commission may grant a temporary exemption from the ownership requirement laid down in point (f) of Article 4of Regulation (EC) No 1008/2008 at the request of an air carrier provided that the air carrier complies with all of the following conditions: |
| | (a) | it holds a valid operating licence in accordance with Regulation (EC) No 1008/2008 on the day before the first day of application of this Regulation referred to in Article 12(2); |

Text proposed by the Commission

Amendment

Article 2a

Temporary exemption from ownership requirement

1.
     
  The Commission may grant a temporary exemption from the ownership requirement laid down in point (f) of Article 4of Regulation (EC) No 1008/2008 at the request of an air carrier provided that the air carrier complies with all of the following conditions:

(a)

(a)

it holds a valid operating licence in accordance with Regulation (EC) No 1008/2008 on the day before the first day of application of this Regulation referred to in Article 12(2);

it holds a valid operating licence in accordance with Regulation (EC) No 1008/2008 on the day before the first day of application of this Regulation referred to in Article 12(2);

| (b) | the United Kingdom or nationals of the United Kingdom, or a combination of both, own less than 50 % of the undertaking; |
| --- | --- |

(b)

(b)

the United Kingdom or nationals of the United Kingdom, or a combination of both, own less than 50 % of the undertaking;

the United Kingdom or nationals of the United Kingdom, or a combination of both, own less than 50 % of the undertaking;

| (c) | Union Member States or nationals of Union Member States, or a combination of both, effectively control the undertaking, whether directly or indirectly through one or more intermediate undertakings; and |
| --- | --- |

(c)

(c)

Union Member States or nationals of Union Member States, or a combination of both, effectively control the undertaking, whether directly or indirectly through one or more intermediate undertakings; and

Union Member States or nationals of Union Member States, or a combination of both, effectively control the undertaking, whether directly or indirectly through one or more intermediate undertakings; and

| (d) | it presents credible plans to change its ownership structure in a shortest possible time to comply with the ownership requirement laid down in point (f) of Article 4 of Regulation (EC) No 1008/2008. |
| --- | --- |

(d)

(d)

it presents credible plans to change its ownership structure in a shortest possible time to comply with the ownership requirement laid down in point (f) of Article 4 of Regulation (EC) No 1008/2008.

it presents credible plans to change its ownership structure in a shortest possible time to comply with the ownership requirement laid down in point (f) of Article 4 of Regulation (EC) No 1008/2008.

2.
     
  The exemption referred to in paragraph 1 may be granted for a period not exceeding 30 March 2020 and shall not be renewable.

Amendment 5

Amendment 5

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point c

Article 3 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | perform scheduled and non-scheduled international air transport services for passengers, combination of passengers and cargo and all-cargo services between any pair of points of which one is situated in the territory of the United Kingdom and the other one is situated in the territory of the Union; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

perform scheduled and non-scheduled international air transport services for passengers, combination of passengers and cargo and all-cargo services between any pair of points of which one is situated in the territory of the United Kingdom and the other one is situated in the territory of the Union;

| (c) | perform scheduled and non-scheduled international air transport services,
  including code-sharing,
  for passengers, combination of passengers and cargo and all-cargo services between any pair of points of which one is situated in the territory of the United Kingdom and the other one is situated in the territory of the Union; |
| --- | --- |

(c)

perform scheduled and non-scheduled international air transport services,
  including code-sharing,
  for passengers, combination of passengers and cargo and all-cargo services between any pair of points of which one is situated in the territory of the United Kingdom and the other one is situated in the territory of the Union;

including code-sharing,

Amendment 6

Amendment 6

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 2

Article 3 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.
     
  Subject to Articles 4 and 5, in the provision of scheduled air transport services pursuant to this Regulation, the total seasonal capacity to be provided by UK air carriers for routes between the United Kingdom and each Member State shall not exceed the total number of frequencies operated by those carriers on those routes during respectively the IATA winter and summer seasons of the year of 2018. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.
     
  Subject to Articles 4 and 5, in the provision of scheduled air transport services pursuant to this Regulation, the total seasonal capacity to be provided by UK air carriers for routes between the United Kingdom and each Member State shall not exceed the total number of frequencies operated by those carriers on those routes during respectively the IATA winter and summer seasons of the year of 2018.

deleted

deleted

Amendment 7

Amendment 7

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 2 — introductory part

Article 4 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where the Commission determines that the rights granted by the United Kingdom to Union air carriers are not, de jure or de facto, equivalent to those granted to UK air carriers under this Regulation, or that those rights are not equally available to all Union carriers, it
  may
  , in order to restore equivalence,
  by means of implementing acts adopted in accordance with the procedure referred to in Article 25(2) of Regulation (EC) No 1008/2008: | 2.   Where the Commission determines that the rights granted by the United Kingdom to Union air carriers are not, de jure or de facto, equivalent to those granted to UK air carriers under this Regulation, or that those rights are not equally available to all Union carriers, it
  is empowered
  , in order to restore equivalence,
  to adopt delegated acts in accordance with Article 11 a to: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Where the Commission determines that the rights granted by the United Kingdom to Union air carriers are not, de jure or de facto, equivalent to those granted to UK air carriers under this Regulation, or that those rights are not equally available to all Union carriers, it
  may
  , in order to restore equivalence,
  by means of implementing acts adopted in accordance with the procedure referred to in Article 25(2) of Regulation (EC) No 1008/2008:

2.   Where the Commission determines that the rights granted by the United Kingdom to Union air carriers are not, de jure or de facto, equivalent to those granted to UK air carriers under this Regulation, or that those rights are not equally available to all Union carriers, it
  is empowered
  , in order to restore equivalence,
  to adopt delegated acts in accordance with Article 11 a to:

Amendment 8

Amendment 8

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 2 — point a

Article 4 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | adjust the capacity available to UK air carriers within the limit laid down in Article 3(2)
  and require the Member States to adapt the operating authorisations of UK air carriers, both existing and newly granted, accordingly; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

(a)

adjust the capacity available to UK air carriers within the limit laid down in Article 3(2)
  and require the Member States to adapt the operating authorisations of UK air carriers, both existing and newly granted, accordingly;

adjust the capacity available to UK air carriers within the limit laid down in Article 3(2)

| (a) | propose capacity capping for routes between the UK and each Member State
  and require the Member States to adapt the operating authorisations of UK air carriers, both existing and newly granted, accordingly; |
| --- | --- |

(a)

(a)

propose capacity capping for routes between the UK and each Member State
  and require the Member States to adapt the operating authorisations of UK air carriers, both existing and newly granted, accordingly;

propose capacity capping for routes between the UK and each Member State

Amendment 9

Amendment 9

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 2 — introductory part

Article 5 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where it determines that, as a result of any of the situations referred to in paragraph 3 of this Article, the said conditions are appreciably less favourable than those enjoyed by UK air carriers, the Commission
  may
  , in order to remedy that situation
  by means of implementing acts adopted in accordance with the procedure referred to in Article 25(2) of Regulation (EC) No 1008/2008: | 2.   Where it determines that, as a result of any of the situations referred to in paragraph 3 of this Article, the said conditions are appreciably less favourable than those enjoyed by UK air carriers, the Commission
  is empowered
  , in order to remedy that situation,
  to adopt delegated acts in accordance with Article 11a, to: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Where it determines that, as a result of any of the situations referred to in paragraph 3 of this Article, the said conditions are appreciably less favourable than those enjoyed by UK air carriers, the Commission
  may
  , in order to remedy that situation
  by means of implementing acts adopted in accordance with the procedure referred to in Article 25(2) of Regulation (EC) No 1008/2008:

2.   Where it determines that, as a result of any of the situations referred to in paragraph 3 of this Article, the said conditions are appreciably less favourable than those enjoyed by UK air carriers, the Commission
  is empowered
  , in order to remedy that situation,
  to adopt delegated acts in accordance with Article 11a, to:

Amendment 10

Amendment 10

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 2 — point a

Article 5 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | adjust the capacity available to UK air carriers within the limit laid down in Article 3(2)
  and require the Member States to adapt the operating authorisations of UK air carriers, both existing and newly granted, accordingly; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

adjust the capacity available to UK air carriers within the limit laid down in Article 3(2)
  and require the Member States to adapt the operating authorisations of UK air carriers, both existing and newly granted, accordingly;

adjust the capacity available to UK air carriers within the limit laid down in Article 3(2)

| (a) | propose capacity capping for routes between the United Kingdom and each Member State
  and require the Member States to adapt the operating authorisations of UK air carriers, both existing and newly granted, accordingly; |
| --- | --- |

(a)

propose capacity capping for routes between the United Kingdom and each Member State
  and require the Member States to adapt the operating authorisations of UK air carriers, both existing and newly granted, accordingly;

propose capacity capping for routes between the United Kingdom and each Member State

Amendment 11

Amendment 11

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 3 — introductory part

Article 5 — paragraph 3 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   
  Implementing acts under
  paragraph 2
  may be adopted
  to remedy the following situations: | 3.   
  The delegated acts referred to in
  paragraph 2
  shall in particular aim
  to remedy the following situations: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   
  Implementing acts under
  paragraph 2
  may be adopted
  to remedy the following situations:

3.   
  The delegated acts referred to in
  paragraph 2
  shall in particular aim
  to remedy the following situations:

Amendment 12

Amendment 12

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 3 — point d

Article 5 — paragraph 3 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | the application by the United Kingdom of standards in the protection of workers, safety, security or the environment which are inferior to those laid down in Union law or, in the absence of relevant provisions in Union law, inferior to those applied by all Member States or, in any event, inferior to relevant international standards; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

the application by the United Kingdom of standards in the protection of workers, safety, security or the environment which are inferior to those laid down in Union law or, in the absence of relevant provisions in Union law, inferior to those applied by all Member States or, in any event, inferior to relevant international standards;

| (d) | the application by the United Kingdom of standards in the protection of
  passengers rights
  , workers, safety, security or the environment which are inferior to those laid down in Union law or, in the absence of relevant provisions in Union law, inferior to those applied by all Member States or, in any event, inferior to relevant international standards; |
| --- | --- |

(d)

the application by the United Kingdom of standards in the protection of
  passengers rights
  , workers, safety, security or the environment which are inferior to those laid down in Union law or, in the absence of relevant provisions in Union law, inferior to those applied by all Member States or, in any event, inferior to relevant international standards;

passengers rights

Amendment 13

Amendment 13

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 4

Article 8 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The Member States shall inform the Commission and the other Member States of any decisions to refuse or revoke the operating authorisation of a UK air carrier pursuant to paragraphs 1 and 2. | 4.   The Member States shall inform the Commission and the other Member States of any decisions to refuse or revoke the operating authorisation of a UK air carrier pursuant to paragraphs 1 and 2
  , without undue delay. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The Member States shall inform the Commission and the other Member States of any decisions to refuse or revoke the operating authorisation of a UK air carrier pursuant to paragraphs 1 and 2.

4.   The Member States shall inform the Commission and the other Member States of any decisions to refuse or revoke the operating authorisation of a UK air carrier pursuant to paragraphs 1 and 2
  , without undue delay.

Amendment 14

Amendment 14

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1

Article 10 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Member States' competent authorities shall consult and cooperate with the competent authorities of the United Kingdom as necessary in order to ensure the implementation of this Regulation. | 1.   The
  Union and the
  Member States' competent authorities shall consult and cooperate with the competent authorities of the United Kingdom as necessary in order to ensure the implementation of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The Member States' competent authorities shall consult and cooperate with the competent authorities of the United Kingdom as necessary in order to ensure the implementation of this Regulation.

1.   The
  Union and the
  Member States' competent authorities shall consult and cooperate with the competent authorities of the United Kingdom as necessary in order to ensure the implementation of this Regulation.

Amendment 15

Amendment 15

Proposal for a regulation

Proposal for a regulation

Article 11

Article 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 11 | deleted |
| Committee | |
| The Commission shall be assisted by the committee set up in Article 25 of Regulation (EC) No 1008/2008. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 11

Article 11

deleted

deleted

Committee

Committee

The Commission shall be assisted by the committee set up in Article 25 of Regulation (EC) No 1008/2008.

The Commission shall be assisted by the committee set up in Article 25 of Regulation (EC) No 1008/2008.

Amendment 16

Amendment 16

Proposal for a regulation

Proposal for a regulation

Article 11 a (new)

Article 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 11a |
| | Exercise of 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 4 and 5 shall be conferred on the Commission for an indeterminate period of time from ... [date of entry into force of this Regulation]. |
| | 3.
     
  The delegation of power referred to in Articles 4 and 5 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
| | 4.
     
  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. |
| | 5.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. |
| | 6.
     
  A delegated act adopted pursuant to Articles 4 and 5 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 of the Council. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 11a

Article 11a

Exercise of delegation

Exercise of 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 4 and 5 shall be conferred on the Commission for an indeterminate period of time from ... [date of entry into force of this Regulation].

3.
     
  The delegation of power referred to in Articles 4 and 5 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.
     
  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.
     
  A delegated act adopted pursuant to Articles 4 and 5 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 of the Council.

Amendment 17

Amendment 17

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 4 — point a

Article 12 — paragraph 4 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the date on which
  an
  agreement between the Union and the United Kingdom governing the provision of air transport between them enters into force, or, as the case may be, is provisionally applied; or |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

the date on which
  an
  agreement between the Union and the United Kingdom governing the provision of air transport between them enters into force, or, as the case may be, is provisionally applied; or

an

| (a) | the date on which
  a comprehensive
  agreement between the Union and the United Kingdom governing the provision of air transport between them enters into force, or, as the case may be, is provisionally applied; or |
| --- | --- |

(a)

the date on which
  a comprehensive
  agreement between the Union and the United Kingdom governing the provision of air transport between them enters into force, or, as the case may be, is provisionally applied; or

a comprehensive

---

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0062/2019).

1

(1a)  

  OJ L 123, 12.5.2016, p. 1.

1a

OJ L 123, 12.5.2016, p. 1.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/571 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/571

---

P8_TA(2019)0107

Aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union ***I

Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on certain aspects of aviation safety with regard to the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union (COM(2018)0894 — C8-0514/2018 — 2018/0434(COD)) (1)

(Ordinary legislative procedure: first reading)

(2020/C 449/60)

Amendment 1

Proposal for a regulation

Article 1 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   In addition to the certificates listed in paragraph 2, this Regulation shall apply to the
  theoretical
  training modules referred to in Article 5. | 3.   In addition to the certificates listed in paragraph 2, this Regulation shall apply to the training modules referred to in Article 5. |

Text proposed by the Commission

Amendment

3.   In addition to the certificates listed in paragraph 2, this Regulation shall apply to the
  theoretical
  training modules referred to in Article 5.

3.   In addition to the certificates listed in paragraph 2, this Regulation shall apply to the training modules referred to in Article 5.

Amendment 2

Amendment 2

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1

Article 4 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The certificates referred to in Article 1(2)(b), concerning the use of products, parts and appliances shall remain valid
  , in order to allow for their continued use in or as aircraft. | The certificates referred to in Article 1(2)(b), concerning the use of products, parts and appliances shall remain valid. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The certificates referred to in Article 1(2)(b), concerning the use of products, parts and appliances shall remain valid
  , in order to allow for their continued use in or as aircraft.

, in order to allow for their continued use in or as aircraft.

The certificates referred to in Article 1(2)(b), concerning the use of products, parts and appliances shall remain valid.

Amendment 3

Amendment 3

Proposal for a regulation

Proposal for a regulation

Article 5 — title

Article 5 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Carryover of
  theoretical
  training modules | Carryover of training modules |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Carryover of
  theoretical
  training modules

theoretical

Carryover of training modules

Amendment 4

Amendment 4

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 1

Article 5 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| By way of derogation from Commission Regulation (EU) No 1178/2011 (1) and Commission Regulation (EU) No 1321/2014 (2), the competent authorities of the Member States or the Agency, as the case may be, shall take account of the examinations taken in training organisations subject to oversight by the competent authority of the United Kingdom prior to the date of application referred to in the second sub-paragraph of Article 10(2) of this Regulation, as if they had been taken with a training organisation subject to the oversight of the competent authority of a Member State. | By way of derogation from Commission Regulation (EU) No 1178/2011 (1) and Commission Regulation (EU) No 1321/2014 (2), the competent authorities of the Member States or the Agency, as the case may be, shall take account of the examinations taken in training organisations subject to oversight by the competent authority of the United Kingdom
  but which have not yet led to the issuance of the license
  prior to the date of application referred to in the second sub-paragraph of Article 10(2) of this Regulation, as if they had been taken with a training organisation subject to the oversight of the competent authority of a Member State. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

By way of derogation from Commission Regulation (EU) No 1178/2011 (1) and Commission Regulation (EU) No 1321/2014 (2), the competent authorities of the Member States or the Agency, as the case may be, shall take account of the examinations taken in training organisations subject to oversight by the competent authority of the United Kingdom prior to the date of application referred to in the second sub-paragraph of Article 10(2) of this Regulation, as if they had been taken with a training organisation subject to the oversight of the competent authority of a Member State.

1

2

By way of derogation from Commission Regulation (EU) No 1178/2011 (1) and Commission Regulation (EU) No 1321/2014 (2), the competent authorities of the Member States or the Agency, as the case may be, shall take account of the examinations taken in training organisations subject to oversight by the competent authority of the United Kingdom
  but which have not yet led to the issuance of the license
  prior to the date of application referred to in the second sub-paragraph of Article 10(2) of this Regulation, as if they had been taken with a training organisation subject to the oversight of the competent authority of a Member State.

1

2

but which have not yet led to the issuance of the license

Amendment 5

Amendment 5

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 2

Article 6 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   At the request of the Agency, the holders of the certificates referred to in
  Articles
  3 and 4, shall deliver copies of all audit reports, findings and corrective action plans relevant to the certificate, which have been issued during the three years previous to the request. Where such documents have not been delivered within the time limits stipulated by the Agency in its request, the Agency may withdraw the benefit acquired pursuant to Articles 3 or 4, as the case may be. | 2.   At the request of the Agency, the holders of the certificates referred to in
  Article
  3 and
  the issuers of certificates referred to in Article
  4, shall deliver copies of all audit reports, findings and corrective action plans relevant to the certificate, which have been issued during the three years previous to the request. Where such documents have not been delivered within the time limits stipulated by the Agency in its request, the Agency may withdraw the benefit acquired pursuant to Articles 3 or 4, as the case may be. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   At the request of the Agency, the holders of the certificates referred to in
  Articles
  3 and 4, shall deliver copies of all audit reports, findings and corrective action plans relevant to the certificate, which have been issued during the three years previous to the request. Where such documents have not been delivered within the time limits stipulated by the Agency in its request, the Agency may withdraw the benefit acquired pursuant to Articles 3 or 4, as the case may be.

2.   At the request of the Agency, the holders of the certificates referred to in
  Article
  3 and
  the issuers of certificates referred to in Article
  4, shall deliver copies of all audit reports, findings and corrective action plans relevant to the certificate, which have been issued during the three years previous to the request. Where such documents have not been delivered within the time limits stipulated by the Agency in its request, the Agency may withdraw the benefit acquired pursuant to Articles 3 or 4, as the case may be.

Amendment 6

Amendment 6

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 3

Article 6 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Holders of certificates referred to in
  Articles
  3 or 4 of this Regulation shall inform without delay the Agency of any actions by the authorities of the United Kingdom, which may conflict with their obligations under this Regulation or Regulation (EU) 2018/1139. | 3.   Holders of certificates referred to in
  Article
  3 or
  the issuers of certificates referred to in Article
  4 of this Regulation shall inform without delay the Agency of any actions by the authorities of the United Kingdom, which may conflict with their obligations under this Regulation or Regulation (EU) 2018/1139. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Holders of certificates referred to in
  Articles
  3 or 4 of this Regulation shall inform without delay the Agency of any actions by the authorities of the United Kingdom, which may conflict with their obligations under this Regulation or Regulation (EU) 2018/1139.

3.   Holders of certificates referred to in
  Article
  3 or
  the issuers of certificates referred to in Article
  4 of this Regulation shall inform without delay the Agency of any actions by the authorities of the United Kingdom, which may conflict with their obligations under this Regulation or Regulation (EU) 2018/1139.

Amendment 7

Amendment 7

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1

Article 7 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| For the purposes of this Regulation and for oversight of the holders of certificates referred to in Article 1(2) of this Regulation, the Agency shall act as the competent authority provided for third country entities under Regulation (EU) 2018/1139 and the implementing and delegated acts adopted by virtue of it, or under Regulation (EC) No 216/2008. | For the purposes of this Regulation and for oversight of the holders
  or issuers
  of certificates referred to in Article 1(2) of this Regulation, the Agency shall act as the competent authority provided for third country entities under Regulation (EU) 2018/1139 and the implementing and delegated acts adopted by virtue of it, or under Regulation (EC) No 216/2008. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For the purposes of this Regulation and for oversight of the holders of certificates referred to in Article 1(2) of this Regulation, the Agency shall act as the competent authority provided for third country entities under Regulation (EU) 2018/1139 and the implementing and delegated acts adopted by virtue of it, or under Regulation (EC) No 216/2008.

For the purposes of this Regulation and for oversight of the holders
  or issuers
  of certificates referred to in Article 1(2) of this Regulation, the Agency shall act as the competent authority provided for third country entities under Regulation (EU) 2018/1139 and the implementing and delegated acts adopted by virtue of it, or under Regulation (EC) No 216/2008.

or issuers

Amendment 8

Amendment 8

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1

Article 8 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Commission Regulation (EU) No 319/2014 (1) on the fees and charges levied by the European Aviation Safety Agency shall apply to legal and natural persons holding certificates referred to in Article 1(2) of this Regulation under the same conditions as to holders of corresponding certificates issued to third country legal or natural persons. | Commission Regulation (EU) No 319/2014 (1) on the fees and charges levied by the European Aviation Safety Agency shall apply to legal and natural persons holding
  or issuing
  certificates referred to in Article 1(2) of this Regulation under the same conditions as to holders of corresponding certificates issued to third country legal or natural persons. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Commission Regulation (EU) No 319/2014 (1) on the fees and charges levied by the European Aviation Safety Agency shall apply to legal and natural persons holding certificates referred to in Article 1(2) of this Regulation under the same conditions as to holders of corresponding certificates issued to third country legal or natural persons.

1

Commission Regulation (EU) No 319/2014 (1) on the fees and charges levied by the European Aviation Safety Agency shall apply to legal and natural persons holding
  or issuing
  certificates referred to in Article 1(2) of this Regulation under the same conditions as to holders of corresponding certificates issued to third country legal or natural persons.

1

or issuing

Amendment 9

Amendment 9

Proposal for a regulation

Proposal for a regulation

Annex — Section 2 — point 2.6 a (new)

Annex — Section 2 — point 2.6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2.6 | a Regulation (EU) No 1321/2014, Part-M, Subpart H, Points M.A.801 (b) 2, 3 and (c) (Certificates of release to service in respect of completion of maintenance). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.6

2.6

a Regulation (EU) No 1321/2014, Part-M, Subpart H, Points M.A.801 (b) 2, 3 and (c) (Certificates of release to service in respect of completion of maintenance).

---

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0061/2019).

1

(1)  Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council. OJ L 311, 25.11.2011, p. 1.

1

(2)  Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks. OJ L 362, 17.12.2014, p. 1.

2

(1)  Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council. OJ L 311, 25.11.2011, p. 1.

1

(2)  Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks. OJ L 362, 17.12.2014, p. 1.

2

(1)  Commission Regulation (EU) No 319/2014 of 27 March 2014 on the fees and charges levied by the European Aviation Safety Agency, and repealing Regulation (EC) No 593/2007. OJ L 95, 28.3.2014, p. 58.

1

(1)  Commission Regulation (EU) No 319/2014 of 27 March 2014 on the fees and charges levied by the European Aviation Safety Agency, and repealing Regulation (EC) No 593/2007. OJ L 95, 28.3.2014, p. 58.

1

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| 23.12.2020 | EN | Official Journal of the European Union | C 449/575 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/575

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P8_TA(2019)0108

GATS: necessary compensatory adjustments resulting from the accession of Czechia, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden to the EU ***

European Parliament legislative resolution of 13 February 2019 on the draft Council decision on the conclusion of the relevant Agreements under Article XXI of the General Agreement on Trade in Services with Argentina, Australia, Brazil, Canada, China, the Separate customs territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), Columbia, Cuba, Ecuador, Hong Kong China, India, Japan, Korea, New Zealand, the Philippines, Switzerland, and the United States, on the necessary compensatory adjustments resulting from the accession of Czechia, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden to the European Union (14020/2018 — C8-0509/2018 — 2018/0384(NLE))

(Consent)

(2020/C 449/61)

The European Parliament,

| — | having regard to the draft Council decision (14020/2018), |
| --- | --- |

—

having regard to the draft Council decision (14020/2018),

| — | having regard to the draft relevant Agreements under Article XXI of the General Agreement on Trade in Services with Argentina, Australia, Brazil, Canada, China, the Separate customs territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), Colombia, Cuba, Ecuador, Hong Kong China, India, Japan, Korea, New Zealand, the Philippines, Switzerland and the United States, on the necessary compensatory adjustments resulting from the accession of Czechia, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden to the European Union (14020/2018 ADD 1-17), |
| --- | --- |

—

having regard to the draft relevant Agreements under Article XXI of the General Agreement on Trade in Services with Argentina, Australia, Brazil, Canada, China, the Separate customs territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), Colombia, Cuba, Ecuador, Hong Kong China, India, Japan, Korea, New Zealand, the Philippines, Switzerland and the United States, on the necessary compensatory adjustments resulting from the accession of Czechia, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden to the European Union (14020/2018 ADD 1-17),

| — | having regard to the request for consent submitted by the Council in accordance with Article 91, Article 100(2), the first subparagraph of Article 207(4) and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C8-0509/2018), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 91, Article 100(2), the first subparagraph of Article 207(4) and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C8-0509/2018),

| — | having regard to Rules to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade (A8-0067/2019), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade (A8-0067/2019),

| 1. | Gives its consent to conclusion of the agreements; |
| --- | --- |

1.

| 2. | Instructs its President to forward its position to the Council and to the Commission. |
| --- | --- |

2.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/576 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/576

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P8_TA(2019)0109

Streamlining measures for advancing the realisation of the trans-European transport network ***I

European Parliament legislative resolution of 13 February 2019 on the proposal for a regulation of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network (COM(2018)0277 — C8-0192/2018 — 2018/0138(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/62)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2018)0277), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2018)0277),

| — | having regard to Article 294(2) and Article 172 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0192/2018), |
| --- | --- |

—

having regard to Article 294(2) and Article 172 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0192/2018),

| — | 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 opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Senate, the German Bundestag, the Irish Parliament and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Senate, the German Bundestag, the Irish Parliament and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 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 (A8-0015/2019), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Regional Development (A8-0015/2019),

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

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

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

3.

---

P8_TC1-COD(2018)0138

Position of the European Parliament adopted at first reading on 13 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council on streamlining measures for advancing the realisation of the trans-European transport network

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 172 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),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | Regulation (EU) No 1315/2013 of the European Parliament and of the Council (4) sets out a common framework for the creation of interoperable networks comprising a dual-level
  structure, in the Union, at the service of citizens,
  for the development of the internal market
  and for the social, economic and territorial cohesion of the Union
  . The trans-European transport networks (TEN-T) have a dual layer structure: the
  core network comprises those parts of the network which have the greatest strategic significance for the Union, and the
  comprehensive network ensures connectivity

  of between
  all regions
  in the Union.

  of the Union whereas The core network consists of those elements of the network which are of the highest strategic importance for the Union

  should serve as cross-border and multimodal accelerators for a single European transport and mobility area
  . Regulation (EU) No 1315/2013 defines binding completion targets for implementation, with the core network to be completed by 2030 and the comprehensive network by 2050.
  Furthermore, Regulation (EU) No 1315/2013 focuses on cross-border connections that will improve interoperability between the different modes of transport and contribute to the multimodal integration of Union transport, and should also take into account the development dynamics of the transport sector and of new technologies in the future. [Am. 1] |
| --- | --- |

(1)

Regulation (EU) No 1315/2013 of the European Parliament and of the Council (4) sets out a common framework for the creation of interoperable networks comprising a dual-level
  structure, in the Union, at the service of citizens,
  for the development of the internal market
  and for the social, economic and territorial cohesion of the Union
  . The trans-European transport networks (TEN-T) have a dual layer structure: the
  core network comprises those parts of the network which have the greatest strategic significance for the Union, and the
  comprehensive network ensures connectivity

  of between
  all regions
  in the Union.

  of the Union whereas The core network consists of those elements of the network which are of the highest strategic importance for the Union

  should serve as cross-border and multimodal accelerators for a single European transport and mobility area
  . Regulation (EU) No 1315/2013 defines binding completion targets for implementation, with the core network to be completed by 2030 and the comprehensive network by 2050.
  Furthermore, Regulation (EU) No 1315/2013 focuses on cross-border connections that will improve interoperability between the different modes of transport and contribute to the multimodal integration of Union transport, and should also take into account the development dynamics of the transport sector and of new technologies in the future. [Am. 1]

| (2) | Notwithstanding the necessity and binding timelines, experience has shown that many investments aiming to complete the TEN-T are confronted with
  multiple, slow, unclear and
  complex permit granting procedures, cross-border procurement procedures and other procedures. This situation jeopardises the
  on-time
  implementation of projects, and in many cases results in significant delays and increased costs, In order to address

  gives rise to uncertainty for project promoters and potential private investors, and can even lead to projects being abandoned in the middle of the process. Given
  these

  issues and make conditions, the
  synchronised TEN-T completion possible,

  of the TEN-T by the deadline set out in Regulation (EU) No 1315/2013 requires
  harmonised action is necessary at Union level.
  Moreover, Member States should decide on their national infrastructure plans in accordance with the TEN-T objectives. [Am. 2] |
| --- | --- |

(2)

Notwithstanding the necessity and binding timelines, experience has shown that many investments aiming to complete the TEN-T are confronted with
  multiple, slow, unclear and
  complex permit granting procedures, cross-border procurement procedures and other procedures. This situation jeopardises the
  on-time
  implementation of projects, and in many cases results in significant delays and increased costs, In order to address

  gives rise to uncertainty for project promoters and potential private investors, and can even lead to projects being abandoned in the middle of the process. Given
  these

  issues and make conditions, the
  synchronised TEN-T completion possible,

  of the TEN-T by the deadline set out in Regulation (EU) No 1315/2013 requires
  harmonised action is necessary at Union level.
  Moreover, Member States should decide on their national infrastructure plans in accordance with the TEN-T objectives. [Am. 2]

| (2a) | This Regulation applies only to Union projects which are recognised as projects of common interest under Regulation (EU) No 1315/2013 on the core network of the trans-European transport network. A Member State can also decide to broaden the scope to the comprehensive network. [Am. 3] |
| --- | --- |

(2a)

This Regulation applies only to Union projects which are recognised as projects of common interest under Regulation (EU) No 1315/2013 on the core network of the trans-European transport network. A Member State can also decide to broaden the scope to the comprehensive network. [Am. 3]

| (3) | In the legal frameworks

  systems
  of many Member States priority treatment is given to certain project categories based on their strategic importance for the economy

  Union
  . Priority treatment is characterised by shorter timelines, simultaneous
  and/or simplified
  procedures or limited timeframes
  for the completion of the permitting procedure or
  for appeals while ensuring that the objectives of other horizontal policies are also reached. When such a framework exists within

  rules on priority treatment exist in
  a national legal framework, it

  they
  should automatically apply to Union projects recognised as projects of common interest under Regulation (EU) No 1315/2013.
  Member States that do not have such rules on priority treatment should adopt them. [Am. 4] |
| --- | --- |

(3)

In the legal frameworks

  systems
  of many Member States priority treatment is given to certain project categories based on their strategic importance for the economy

  Union
  . Priority treatment is characterised by shorter timelines, simultaneous
  and/or simplified
  procedures or limited timeframes
  for the completion of the permitting procedure or
  for appeals while ensuring that the objectives of other horizontal policies are also reached. When such a framework exists within

  rules on priority treatment exist in
  a national legal framework, it

  they
  should automatically apply to Union projects recognised as projects of common interest under Regulation (EU) No 1315/2013.
  Member States that do not have such rules on priority treatment should adopt them. [Am. 4]

| (4) | In order to improve the effectiveness of the environmental assessments and streamline the decision-making process, where the obligation to carry out assessments related to environmental issues of core network projects arises simultaneously from Directive 2011/92/EU of the European Parliament and of the Council (5), as amended by Directive 2014/52/EU of the European Parliament and of the Council (6), and from other Union legislation such as Council Directive 92/43/EEC (7), Directives 2009/147/EC (8), 2000/60/EC (9), 2008/98/EC (10), 2010/75/EU (11) and 2012/18/EU (12) of the European Parliament and of the Council, and Commission Implementing Directive 2011/42/EU (13), Member States should ensure that a joint procedure fulfilling the requirements of these Directives is provided.
  Moreover, early scoping of environmental impacts and early discussion with the competent authority about the content of the environmental assessments may reduce delays during the permitting stage and generally improve the quality of assessments. [Am. 5] |
| --- | --- |

(4)

In order to improve the effectiveness of the environmental assessments and streamline the decision-making process, where the obligation to carry out assessments related to environmental issues of core network projects arises simultaneously from Directive 2011/92/EU of the European Parliament and of the Council (5), as amended by Directive 2014/52/EU of the European Parliament and of the Council (6), and from other Union legislation such as Council Directive 92/43/EEC (7), Directives 2009/147/EC (8), 2000/60/EC (9), 2008/98/EC (10), 2010/75/EU (11) and 2012/18/EU (12) of the European Parliament and of the Council, and Commission Implementing Directive 2011/42/EU (13), Member States should ensure that a joint procedure fulfilling the requirements of these Directives is provided.
  Moreover, early scoping of environmental impacts and early discussion with the competent authority about the content of the environmental assessments may reduce delays during the permitting stage and generally improve the quality of assessments. [Am. 5]

| (4a) | Given the large number of environmental assessments arising from various European Directives and national rules which are necessary for granting permits to projects of common interest in the TEN-T core network, the Union should put in place a common, simplified and centralised procedure which fulfils the requirements of those Directives in order to help achieve the objectives set out in this Regulation aimed at increasing the streamlining of measures. [Am. 6] |
| --- | --- |

(4a)

Given the large number of environmental assessments arising from various European Directives and national rules which are necessary for granting permits to projects of common interest in the TEN-T core network, the Union should put in place a common, simplified and centralised procedure which fulfils the requirements of those Directives in order to help achieve the objectives set out in this Regulation aimed at increasing the streamlining of measures. [Am. 6]

| (5) | Core network projects should be supported by integrated permit granting procedures to make clear management of the overall procedure possible and to provide a single entry point for investors. Member States should designate a 
  single
  competent authority in accordance with their national legal frameworks and administrative set-ups
  so that projects concerning the core network will benefit from the integration of permit granting procedures and having a single contact point for investors, thereby enabling clear and effective management of the comprehensive procedure. Where necessary, the single competent authority can delegate its responsibilities, obligations and tasks to another authority at the appropriate regional, local or other administrative level. [Am. 7] |
| --- | --- |

(5)

Core network projects should be supported by integrated permit granting procedures to make clear management of the overall procedure possible and to provide a single entry point for investors. Member States should designate a 
  single
  competent authority in accordance with their national legal frameworks and administrative set-ups
  so that projects concerning the core network will benefit from the integration of permit granting procedures and having a single contact point for investors, thereby enabling clear and effective management of the comprehensive procedure. Where necessary, the single competent authority can delegate its responsibilities, obligations and tasks to another authority at the appropriate regional, local or other administrative level. [Am. 7]

| (6) | The establishment of a single competent authority at national level integrating all permit granting procedures (one-stop shop) should reduce the complexity, improve the efficiency and
  coordination and
  increase the transparency
  and the speed
  of the procedures
  and of the adoption of the decisions.
  It should also enhance the cooperation between Member States where appropriate. The procedures should promote a real cooperation between investors and the single competent authority and should therefore allow for the scoping in the pre-application phase of the permit granting procedure. Such scoping should be integrated in the detailed application outline and follow the procedure set out in Article 5(2) of 2011/92/EU, as amended by Directive 2014/52/EU. [Am. 8] |
| --- | --- |

(6)

The establishment of a single competent authority at national level integrating all permit granting procedures (one-stop shop) should reduce the complexity, improve the efficiency and
  coordination and
  increase the transparency
  and the speed
  of the procedures
  and of the adoption of the decisions.
  It should also enhance the cooperation between Member States where appropriate. The procedures should promote a real cooperation between investors and the single competent authority and should therefore allow for the scoping in the pre-application phase of the permit granting procedure. Such scoping should be integrated in the detailed application outline and follow the procedure set out in Article 5(2) of 2011/92/EU, as amended by Directive 2014/52/EU. [Am. 8]

| (6a) | Where projects of common interest are considered to be Union priority projects, a joint competent authority agreed between the single competent authorities from two or more Member States or Member States and third countries could be established, in order fulfil the duties arising from this Regulation. [Am. 9] |
| --- | --- |

(6a)

Where projects of common interest are considered to be Union priority projects, a joint competent authority agreed between the single competent authorities from two or more Member States or Member States and third countries could be established, in order fulfil the duties arising from this Regulation. [Am. 9]

| (7) | The procedure set out by this Regulation should be without prejudice to the fulfilment of the requirements defined in the international and Union law, including provisions to protect the environment and human health. |
| --- | --- |

(7)

The procedure set out by this Regulation should be without prejudice to the fulfilment of the requirements defined in the international and Union law, including provisions to protect the environment and human health.

| (8) | Given the urgency to complete the TEN-T core network
  by 2030
  , the simplification of permit granting procedures should be accompanied by a time limit within which competent authorities responsible should make a comprehensive decision regarding the construction of the project. This time limit should stimulate

  ensure
  a more efficient handling of procedures and should, under no circumstances, compromise the Union's high standards for environmental protection
  , transparency,
  and public participation.
  Projects should be evaluated in terms of the project selection maturity criteria established by the Connecting Europe Facility. Compliance with the deadlines set out in this Regulation should be taken into account when carrying out such evaluations. [Am. 10] |
| --- | --- |

(8)

Given the urgency to complete the TEN-T core network
  by 2030
  , the simplification of permit granting procedures should be accompanied by a time limit within which competent authorities responsible should make a comprehensive decision regarding the construction of the project. This time limit should stimulate

  ensure
  a more efficient handling of procedures and should, under no circumstances, compromise the Union's high standards for environmental protection
  , transparency,
  and public participation.
  Projects should be evaluated in terms of the project selection maturity criteria established by the Connecting Europe Facility. Compliance with the deadlines set out in this Regulation should be taken into account when carrying out such evaluations. [Am. 10]

| (9) | Member States should endeavour to ensure that appeals challenging the substantive or procedural legality of a comprehensive decision are handled in the most efficient way possible. |
| --- | --- |

(9)

Member States should endeavour to ensure that appeals challenging the substantive or procedural legality of a comprehensive decision are handled in the most efficient way possible.

| (10) | Cross-border TEN-T infrastructure projects face particular challenges as regards the coordination of permit granting procedures. The European Coordinators
  referred to in Article 45 of Regulation (EU) No 1315/2013
  should be empowered to monitor these procedures and facilitate their synchronisation and completion
  to ensure compliance with the deadlines set by this Regulation
  . [Am. 11] |
| --- | --- |

(10)

Cross-border TEN-T infrastructure projects face particular challenges as regards the coordination of permit granting procedures. The European Coordinators
  referred to in Article 45 of Regulation (EU) No 1315/2013
  should be empowered to monitor these procedures and facilitate their synchronisation and completion
  to ensure compliance with the deadlines set by this Regulation
  . [Am. 11]

| (11) | Public procurement in cross-border projects of common interest should be conducted in accordance with the Treaty and Directives 2014/25/EU (14) and/or 2014/24/EU (15) of the European Parliament and of the Council. In order to ensure the efficient completion of the cross-border core network projects of common interest, public procurement carried out by a joint entity should be subject to a single national legislation. By way of derogation from the Union public procurement legislation, the applicable national rules should in principle be those of the Member State where the joint entity has its registered office. It should remain possible to define the applicable legislation in an intergovernmental agreement. |
| --- | --- |

(11)

Public procurement in cross-border projects of common interest should be conducted in accordance with the Treaty and Directives 2014/25/EU (14) and/or 2014/24/EU (15) of the European Parliament and of the Council. In order to ensure the efficient completion of the cross-border core network projects of common interest, public procurement carried out by a joint entity should be subject to a single national legislation. By way of derogation from the Union public procurement legislation, the applicable national rules should in principle be those of the Member State where the joint entity has its registered office. It should remain possible to define the applicable legislation in an intergovernmental agreement.

| (12) | The Commission is not systematically involved in the authorisation of individual projects. However, in some cases, certain aspects of the project preparation are subject to clearance at Union level. Where the Commission is involved in the procedures, it will give priority treatment to the Union projects of common interest and ensure certainty for project promoters. In some cases State aid approval might be required.
  Without prejudice to the deadlines set out in this Regulation and
  in line with the Best Practice Code for the conduct of State aid control procedures, Member States
  should be able to
  ask the Commission to deal with projects of common interest on the core network of the TEN-T they consider to be of priority with more predictable timelines under the case portfolio approach or the mutually agreed planning. [Am. 12] |
| --- | --- |

(12)

The Commission is not systematically involved in the authorisation of individual projects. However, in some cases, certain aspects of the project preparation are subject to clearance at Union level. Where the Commission is involved in the procedures, it will give priority treatment to the Union projects of common interest and ensure certainty for project promoters. In some cases State aid approval might be required.
  Without prejudice to the deadlines set out in this Regulation and
  in line with the Best Practice Code for the conduct of State aid control procedures, Member States
  should be able to
  ask the Commission to deal with projects of common interest on the core network of the TEN-T they consider to be of priority with more predictable timelines under the case portfolio approach or the mutually agreed planning. [Am. 12]

| (13) | The implementation of infrastructure projects on the TEN-T core network should be also supported by Commission guidelines that bring more clarity as regards the implementation of certain types of projects while respecting the Union acquis. For example the Action Plan for nature, people and the economy (16) foresees such guidance to bring more clarity in view of respecting the Birds and Habitats Directives. Direct support related to public procurement should be made available for projects of common interests to ensure the
  minimising of external costs and the
  best value for public money (17). Additionally, appropriate technical assistance should be made available under the mechanisms developed for the Multi-Annual Financial Framework 2021-2027, with the aim of providing financial support for TEN-T projects of common interest. [Am. 13] |
| --- | --- |

(13)

The implementation of infrastructure projects on the TEN-T core network should be also supported by Commission guidelines that bring more clarity as regards the implementation of certain types of projects while respecting the Union acquis. For example the Action Plan for nature, people and the economy (16) foresees such guidance to bring more clarity in view of respecting the Birds and Habitats Directives. Direct support related to public procurement should be made available for projects of common interests to ensure the
  minimising of external costs and the
  best value for public money (17). Additionally, appropriate technical assistance should be made available under the mechanisms developed for the Multi-Annual Financial Framework 2021-2027, with the aim of providing financial support for TEN-T projects of common interest. [Am. 13]

| (14) | Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can therefore, by reason of the need for coordination of those objectives, 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 Regulation does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(14)

Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can therefore, by reason of the need for coordination of those objectives, 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 Regulation does not go beyond what is necessary in order to achieve those objectives.

| (15) | For reasons of legal certainty, the administrative procedures which started prior to the entry into force of this Regulation should not be subject to the provisions of this Regulation
  , unless otherwise decided with the agreement of those concerned
  . [Am. 14] |
| --- | --- |

(15)

For reasons of legal certainty, the administrative procedures which started prior to the entry into force of this Regulation should not be subject to the provisions of this Regulation
  , unless otherwise decided with the agreement of those concerned
  . [Am. 14]

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

This Regulation sets out requirements applicable to the administrative procedures followed by the competent authorities of Member States in relation to the authorisation and implementation of all projects of common interest on the core network of the trans-European transport network
  relating to Regulation (EU) No 1315/2013, including the pre-selected projects listed in Part III of the Annex to the Regulation establishing the ‘Connecting Europe Facility’ 2021-2027
  . [Am. 15]

Member States may decide to extend the application of all provisions of this Regulation, as a block, to projects of common interest on the comprehensive network of the trans-European transport network. [Am. 16]

Article 2

Definitions

For the purposes of this Regulation, the definitions set out in Regulation (EU) No 1315/2013 shall apply. The following definitions shall also apply:

| (a) | ‘comprehensive decision’ means the decision or set of decisions taken by
  the single competent authority of
  a Member State
  , and where applicable, the joint competent
  authority or authorities

  , but
  not including courts or tribunals, that determines whether or not a project promoter is to be granted authorisation to build the transport infrastructure needed to complete a project without prejudice to any decision taken in the context of an administrative appeal procedure; [Am. 17] |
| --- | --- |

(a)

‘comprehensive decision’ means the decision or set of decisions taken by
  the single competent authority of
  a Member State
  , and where applicable, the joint competent
  authority or authorities

  , but
  not including courts or tribunals, that determines whether or not a project promoter is to be granted authorisation to build the transport infrastructure needed to complete a project without prejudice to any decision taken in the context of an administrative appeal procedure; [Am. 17]

| (b) | ‘permit granting procedures’ means every procedure that has to be followed or step that has to be taken before the
  competent
  authorities of a Member State, under Union or national law, before the project promoter can implement the project
  and starting from the date on which the acceptance of the file notification is signed by the single competent authority of the Member State
  ; [Am. 18] |
| --- | --- |

(b)

‘permit granting procedures’ means every procedure that has to be followed or step that has to be taken before the
  competent
  authorities of a Member State, under Union or national law, before the project promoter can implement the project
  and starting from the date on which the acceptance of the file notification is signed by the single competent authority of the Member State
  ; [Am. 18]

| (c) | ‘Project promoter’ means the applicant

  any natural person or public or private legal person applying
  for authorisation for a private project or the public authority which initiates

  to initiate
  a project"; [Am. 19] |
| --- | --- |

(c)

‘Project promoter’ means the applicant

  any natural person or public or private legal person applying
  for authorisation for a private project or the public authority which initiates

  to initiate
  a project"; [Am. 19]

| (d) | ‘single competent authority’ means the authority which the Member State designates
  , in accordance with its national law,
  as responsible for performing the duties arising from this Regulation; [Am. 20] |
| --- | --- |

(d)

‘single competent authority’ means the authority which the Member State designates
  , in accordance with its national law,
  as responsible for performing the duties arising from this Regulation; [Am. 20]

| (e) | ‘Cross-border project of common interest’ means a project of common interest according to Article 7 of Regulation (EU) No 1315/2013 covering a cross-border section as defined in point (m) Article 3 of that Regulation which is implemented by a joint entity; |
| --- | --- |

(e)

‘Cross-border project of common interest’ means a project of common interest according to Article 7 of Regulation (EU) No 1315/2013 covering a cross-border section as defined in point (m) Article 3 of that Regulation which is implemented by a joint entity;

| (ea) | ‘Joint competent authority’ means an authority established by mutual agreement between the single competent authorities from two or more Member States or from one or more Member States and one or more third countries which is in charge of facilitating the permit-granting procedures related to cross-border projects of common interest. [Am. 21] |
| --- | --- |

(ea)

‘Joint competent authority’ means an authority established by mutual agreement between the single competent authorities from two or more Member States or from one or more Member States and one or more third countries which is in charge of facilitating the permit-granting procedures related to cross-border projects of common interest. [Am. 21]

CHAPTER II

PERMIT GRANTING

Article 3

‘Priority status’ of projects of common interest

1.   Each project of common interest on the TEN-T core network
  , including the pre-selected sections in Part III of the Annex to the Regulation establishing the Connecting Europe Facility,
  shall be subject to an integrated permit granting procedure managed by a single competent authority designated by each Member State in accordance with Articles 5 and 6. [Am. 22]

2.   Where priority status exists under national law, projects of common interest shall be granted the status with the highest national significance possible, and be treated as such in permit granting procedures, where and in the manner such treatment is provided for in national legislation applicable to the corresponding types of transport infrastructure.

3.   To ensure efficient
  and effective
  administrative procedures related to projects of common interest, project promoters and all authorities concerned shall ensure that the most rapid treatment legally possible is given to these projects, including as regards the
  evaluation of the project-selection maturity criteria and the
  resources allocated. [Am. 23]

Article 4

Integration of permit granting procedures

1.   In order to meet the time limits set out in Article 6 and reduce the administrative burden related to the completion of projects of common interest, all the administrative

  permit granting
  procedures resulting from the applicable law, both

  including the relevant environmental assessments, both at
  national and of the Union
  level
  , shall be integrated and result in only one comprehensive decision
  , without prejudice to transparency, public participation, environmental and safety requirements under Union law
  . [Am. 24]

2.   
  Without prejudice to the deadlines set out in Article 6 of this Regulation,
  in the case of projects of common interest for which the obligation to carry out assessments of the effects on the environment arises simultaneously from Directive 2011/92/EU and other Union law, Member States shall ensure that joint procedures within the meaning of Article 2(3) of Directive 2011/92/EU are provided for. [Am. 25]

Article 5

Single competent permit granting authority

1.   By ... [one year after the date of entry into force of this Regulation]
  and in any event no later than 31 December 2020
  , each Member State shall designate one single competent authority which shall be responsible for facilitating the permit granting process including

  procedures necessary
  for making the comprehensive decision
  , in accordance with paragraph 3 of this Article
  . [Am. 26]

2.   The responsibility

  On the initiative
  of the single competent authority referred to in paragraph 1

  , its responsibilities, obligations
  and/or the tasks related to it, may

  as referred to in paragraph 1, may, with the agreement of the Member State,
  be delegated to, or

  and
  carried out by, another authority at the appropriate
  regional, local or other
  administrative level, per project of common interest or per particular category of projects of common interest,
  with the exception of the taking of the comprehensive decision referred to in paragraph 3 of this Article,
  under the following conditions: [Am. 27]

| (a) | only one
  competent
  authority is responsible per

  for each
  project of common interest; [Am. 28] |
| --- | --- |

(a)

only one
  competent
  authority is responsible per

  for each
  project of common interest; [Am. 28]

| (b) | the
  competent
  authority is the sole point of contact for the project promoter in the procedure leading to the comprehensive decision for a given project of common interest, and [Am. 29] |
| --- | --- |

(b)

the
  competent
  authority is the sole point of contact for the project promoter in the procedure leading to the comprehensive decision for a given project of common interest, and [Am. 29]

| (c) | the
  competent
  authority coordinates the submission of all relevant documents and information. [Am. 30] |
| --- | --- |

(c)

the
  competent
  authority coordinates the submission of all relevant documents and information. [Am. 30]

The single competent authority may retain the responsibility to establish time limits, without prejudice to the time limits set in accordance with Article 6.

3.   The single competent authority shall issue the comprehensive decision within the time limits specified in Article 6. It shall do so following joint procedures.

The comprehensive decision issued by the single competent authority shall be the sole legally binding decision resulting from the statutory permit granting procedure.
  Without prejudice to the deadlines set out in Article 6 of this Regulation,
  where other authorities are concerned by the project, they may give their opinion as input to the procedure, in accordance with national legislation. This opinion shall be taken into account by The single competent authority
  is required to take such opinions into account, particularly if they concern the requirements laid down in Directives 2014/52/EU and 92/43/EEC
  . [Am. 31]

4.   When taking the comprehensive decision, the single competent authority shall ensure that the relevant requirements under international and Union law are respected and shall duly justify its decision
  on the basis of the applicable legal provisions
  . [Am. 32]

5.   If

  Where
  a project of common interest requires decisions to be taken in two or more Member States
  , or in one or more Member States and one or more third countries
  , the respective competent authorities shall take all the necessary steps for efficient and effective cooperation and coordination among themselves
  , or may establish a joint competent authority, without prejudice to the deadlines set out in Article 6, in charge of facilitating the permit granting procedure
  . Without prejudice to obligations arising under applicable international and Union law, Member States shall endeavour to provide for joint procedures, particularly with regard to the assessment of environmental impacts. [Am. 33]

5a.
     
  To ensure effective implementation of this Regulation and in particular of its Article 6a, the single competent authority shall inform the Commission of the start date of the permit granting procedure and the comprehensive decision, as set out in Article 6. [Am. 34]

Article 6

Duration and implementation of the permit granting procedure

1.   The permit granting procedure shall consist of the pre-application phase and the phase of the assessment of the application and the decision-making by the single competent authority.

2.   The pre-application phase, covering the period from the start of the permit granting procedure to the submission of the complete application file to the single competent authority, shall in principle not exceed two years

  18 months
  . [Am. 35]

3.   In order to launch the permit granting procedure, the project promoter shall notify
  in writing
  the single competent authority of the Member States concerned
  or, where appropriate, the joint competent authority,
  about the project in writing, and shall include a detailed description of the project. No later than two months

  one month
  following the receipt of the above notification, the single competent authority shall either acknowledge

  accept
  it or, if it considers that the project is not mature enough to enter the permit granting procedure, reject the notification in writing. If the single competent authority decides to reject the notification, it shall justify its decision. The date of signature of the acknowledgement of the notification by the competent authority shall serve as the start of the permit granting procedure. If two or more Member States are concerned, the date of the acceptance of the last notification by the competent authority concerned shall serve as the date of the start of the permit granting procedure. [Am. 36]

4.   Within three

  two
  months of the start of the permit granting procedure, the single competent authority
  , or where appropriate, the joint competent authority
  , in close cooperation with the project promoter and other authorities concerned and taking into account the information submitted by the project promoter on the basis of the notification referred to in paragraph 3, shall establish and communicate to the project promoter a detailed application outline, containing: [Am. 37]

| (-a) | the competent authority, at the appropriate administrative level, in charge, in case of delegation by the single competent authority in accordance with Article 5(2); [Am. 38] |
| --- | --- |

(-a)

the competent authority, at the appropriate administrative level, in charge, in case of delegation by the single competent authority in accordance with Article 5(2); [Am. 38]

| (a) | the material scope and level of detail of information to be submitted by the project promoter, as part of the application file for the comprehensive decision; |
| --- | --- |

(a)

the material scope and level of detail of information to be submitted by the project promoter, as part of the application file for the comprehensive decision;

| (b) | a schedule for the permit granting process, identifying at least the following:






  (i) | the decisions, and

  permits,
  opinions
  and assessments
  to be obtained; [Am. 39] |
| --- | --- | --- |

(b)

a schedule for the permit granting process, identifying at least the following:

(i)

the decisions, and

  permits,
  opinions
  and assessments
  to be obtained; [Am. 39]

| (ii) | the authorities, stakeholders, and the public likely to be concerned
  and/or consulted
  ; [Am. 40] |
| --- | --- |

(ii)

the authorities, stakeholders, and the public likely to be concerned
  and/or consulted
  ; [Am. 40]

| (iii) | the individual stages of the procedure and their duration; |
| --- | --- |

(iii)

the individual stages of the procedure and their duration;

| (iv) | major milestones to be accomplished and their deadlines in view of the comprehensive decision to be taken
  , and the overall scheduled timeframe
  ; [Am. 41] |
| --- | --- |

(iv)

major milestones to be accomplished and their deadlines in view of the comprehensive decision to be taken
  , and the overall scheduled timeframe
  ; [Am. 41]

| (v) | the resources planned by the authorities and possible additional resource needs. |
| --- | --- |

(v)

the resources planned by the authorities and possible additional resource needs.

5.   In order to ensure that the application file is complete and of adequate quality, the project promoter shall seek the single competent authority's opinion on its application as early as possible during the pre-application procedure. The project promoter shall cooperate fully with the single competent authority to meet deadlines and comply with the detailed application outline as defined in paragraph 4.

6.   The project promoter shall submit the application file based on the detailed application outline within the period of 21

  15
  months from the receipt of that detailed application outline. After the expiry of that period, the detailed application outline is no longer considered applicable, unless the single competent authority decides
  , on its own initiative,
  to prolong that period
  by a maximum of 6 months
  , on the basis of a justified request from the project promoter. [Am. 42]

7.   At the latest within the period of two months from the date of submission of the complete application file, the competent authority shall acknowledge in writing the completeness of the application file and communicate it to the project promoter. The application file submitted by the project promoter shall be considered as being complete, unless, within the period of two months from the date of submission, the competent authority makes a request regarding missing information to be submitted by the project promoter. That request shall be limited, as regards the material scope and level of detail, to the elements identified in the detailed application outline. Any additional request for information shall only result from exceptional and unforeseen new circumstances and shall be duly justified by the single competent authority.

8.   The single competent authority shall assess the application and adopt a comprehensive
  binding
  decision within the period of one year

  6 months
  from the date of submission of the complete application file in accordance with paragraph 7
  , unless the single competent authority decides, on its own initiative, to extend this period, by a maximum of 3 months, substantiating its decision
  . Member States may set an earlier time-limit, where appropriate. [Am. 43]

9.   The time limits in the above provisions shall be without prejudice to obligations arising from Union and international legal acts, as well as to administrative appeal procedures and judicial remedies before a court or tribunal.

Article 6a

Permit granting procedure and financial assistance from the Union

1.
     
  In accordance with the procedure set out in Article 6 of this Regulation, the state of progress of the project shall be taken into account when evaluating projects according to the selection maturity criteria of projects set out in Article 13 of Regulation (EU) .../... [establishing the Connecting Europe Facility].

2.
     
  Delays occurring with regard to the stages and deadlines set out in Article 6 will justify an investigation of the state of progress of the project and a revision of the financial assistance received by the Union under the Connecting Europe Facility, as provided for in Article 17(1) of Regulation (EU) .../... [CEF] and might result in a reduction or the withdrawal of the financial assistance. [Am. 44]

Article 7

Coordination of cross-border permit granting procedure

1.   For projects that involve two or more Member States
  or one or more Member States and one or more third countries
  , the competent authorities of the Member States concerned shall align their timetables and agree on a joint schedule. [Am. 45]

1a.
     
  In such cases, in order to facilitate the permit granting procedure, single competent authorities from two or more Member States or one or more Member States and one or more third countries may, by mutual agreement, establish a joint competent authority, as provided for under Article 5(5). [Am. 46]

2.   The European Coordinator referred to in Article 45 of Regulation (EU) No 1315/2013 shall be empowered to follow the permit granting procedure for cross-border projects of common interest and to facilitate contacts
  and cooperation
  between the involved competent authorities
  or where appropriate, with the joint competent authority
  . [Am. 47]

3.   Without prejudice to the obligation to comply with the time limits under this Regulation, if the time-limit for the comprehensive decision is not observed, the
  single
  competent authority shall immediately inform
  the Commission, and where appropriate,
  the European Coordinator concerned about the measures taken or to be taken to conclude the permit granting procedure with the least possible delay. The
  Commission, and where appropriate, the
  European Coordinator may request the
  single
  competent authority to regularly report on progress achieved. [Am. 48]

CHAPTER III

PUBLIC PROCUREMENT

Article 8

Public Procurement in cross-border projects of common interest

1.   Public procurement in cross-border projects of common interest shall be conducted in accordance with the Treaty and Directives 2014/25/EU and/or 2014/24/EU.

2.   In case the procurement procedures are conducted by a joint entity set up by the participating Member States, that entity
  , together with its subsidiaries, where appropriate,
  shall apply the national provisions of one of those Member States and, by way of derogation from these Directives, those provisions shall be the provisions determined in accordance with point (a) of Article 57(5) of Directive 2014/25/EU or point (a) of Article 39(5) of Directive 2014/24/EU, as applicable, unless an agreement between the participating Member States provides otherwise. Such an agreement shall in any case provide for the application of a single national legislation in case of

  for
  the procurement procedures conducted by a joint entity
  and, where appropriate, its subsidiaries, across the whole of the project
  . [Am. 49]

CHAPTER IV

TECHNICAL ASSISTANCE

Article 9

Technical assistance

On

  At
  the request of a project promoter or Member State, in accordance with the relevant Union funding programmes and without prejudice to the Multi-Annual Financial Framework, the Union shall make available technical
  , advisory and financial
  assistance for the implementation of this Regulation and the facilitation of the implementation of projects of common interest
  at each stage of the process
  . [Am. 50]

CHAPTER V

FINAL PROVISIONS

Article 10

Transitional provisions

This Regulation shall not apply to the administrative procedures which started before the date of its entry into force.

Article 11

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.

However, Articles 4, 5, 6 and 7 shall apply in a given Member State from the date when the single competent authority has been designated by that Member State in accordance with Article 5(1).

The Commission will publish in the Official Journal a notice when those provisions become applicable in a Member State. [Am. 51]

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)  Opinion of 17 October 2018 (not yet published in the Official Journal).

1

(2)  Opinion of 7 February 2019 (not yet published in the Official Journal).

2

(3)  Position of the European Parliament of 13 February 2019 (not yet published in the Official Journal).

3

(4)  Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).

4

(5)  Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).

5

(6)  Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (OJ L 124, 25.4.2014, p. 1).

6

(7)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

7

(8)  Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

8

(9)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

9

(10)  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).

10

(11)  Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

11

(12)  Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ L 197, 24.7.2012, p. 1).

12

(13)  Commission Implementing Directive 2011/42/EU of 11 April 2011 amending Council Directive 91/414/EEC to include flutriafol as active substance and amending Commission Decision 2008/934/EC (OJ L 97, 12.4.2011, p. 42).

13

(14)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

14

(15)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

15

(16)  COM(2017)0198.

16

(17)  COM(2017)0573.

17

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/586 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/586

---

P8_TA(2019)0110

Insurance of motor vehicles ***I

Amendments adopted by the European Parliament on 13 February 2019 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/103/EC of the European Parliament and the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to ensure against such liability (COM(2018)0336 — C8-0211/2018 — 2018/0168(COD)) (1)

(Ordinary legislative procedure: first reading)

(2020/C 449/63)

Amendment 1

Proposal for a directive

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | Insurance against civil liability in respect of the use of motor vehicles (motor insurance) is of special importance for European citizens, whether they are policyholders or
  potential victims
  of an accident. It is also a major concern for insurance undertakings, as it constitutes an important segment of non-life insurance business in the Union. Motor insurance also has
  an
  impact on the free movement of persons, goods and vehicles. It should therefore be a key objective of the Union action in the field of financial services to reinforce and consolidate the internal market for motor insurance. |

Text proposed by the Commission

Amendment

(1)

Insurance against civil liability in respect of the use of motor vehicles (motor insurance) is of special importance for European citizens, whether they are policyholders or
  potential victims
  of an accident. It is also a major concern for insurance undertakings, as it constitutes an important segment of non-life insurance business in the Union. Motor insurance also has
  an
  impact on the free movement of persons, goods and vehicles. It should therefore be a key objective of the Union action in the field of financial services to reinforce and consolidate the internal market for motor insurance.

| (1) | Insurance against civil liability in respect of the use of motor vehicles (motor insurance) is of special importance for European citizens, whether they are policyholders or
  can potentially be injured parties as a result
  of an accident. It is also a major concern for insurance undertakings, as it constitutes an important segment of non-life insurance business in the Union. Motor insurance also has
  a significant
  impact on the free movement of persons, goods and vehicles
  , and hence on the internal market and the Schengen area
  . It should therefore be a key objective of the Union action in the field of financial services to reinforce and consolidate the internal market for motor insurance. |
| --- | --- |

(1)

Insurance against civil liability in respect of the use of motor vehicles (motor insurance) is of special importance for European citizens, whether they are policyholders or
  can potentially be injured parties as a result
  of an accident. It is also a major concern for insurance undertakings, as it constitutes an important segment of non-life insurance business in the Union. Motor insurance also has
  a significant
  impact on the free movement of persons, goods and vehicles
  , and hence on the internal market and the Schengen area
  . It should therefore be a key objective of the Union action in the field of financial services to reinforce and consolidate the internal market for motor insurance.

(If this amendment is adopted, further corresponding amendments should be drafted to the recitals of this amending act.)

Amendment 2

Proposal for a directive

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | The Commission has carried out an evaluation of the functioning of Directive 2009/103/EC of the European Parliament and of the Council (15), including its efficiency effectiveness and coherence with other Union policies. The conclusion of the evaluation was that Directive 2009/103/EC functions well on the whole, and does not need amendment in most aspects. However, four areas were identified where targeted amendments would be appropriate: compensation of
  victims of
  accidents in cases of insolvency of an insurance undertaking, minimum obligatory amounts of insurance cover, insurance checks of vehicles by Member States, and the use of policyholders’
  claims history
  statements by a new insurance undertaking. |

Text proposed by the Commission

Amendment

(2)

The Commission has carried out an evaluation of the functioning of Directive 2009/103/EC of the European Parliament and of the Council (15), including its efficiency effectiveness and coherence with other Union policies. The conclusion of the evaluation was that Directive 2009/103/EC functions well on the whole, and does not need amendment in most aspects. However, four areas were identified where targeted amendments would be appropriate: compensation of
  victims of
  accidents in cases of insolvency of an insurance undertaking, minimum obligatory amounts of insurance cover, insurance checks of vehicles by Member States, and the use of policyholders’
  claims history
  statements by a new insurance undertaking.

| (2) | The Commission has carried out an evaluation of the functioning of Directive 2009/103/EC of the European Parliament and of the Council (15), including its efficiency effectiveness and coherence with other Union policies. The conclusion of the evaluation was that Directive 2009/103/EC functions well on the whole, and does not need amendment in most aspects. However, four areas were identified where targeted amendments would be appropriate: compensation of
  parties injured in
  accidents in cases of insolvency of an insurance undertaking, minimum obligatory amounts of insurance cover, insurance checks of vehicles by Member States, and the use of policyholders’
  claims-history
  statements by a new insurance undertaking.
  In addition to these four areas, in order to better protect injured parties, new rules should be introduced on liability in case of an accident involving a trailer towed by a powered vehicle. |
| --- | --- |

(2)

The Commission has carried out an evaluation of the functioning of Directive 2009/103/EC of the European Parliament and of the Council (15), including its efficiency effectiveness and coherence with other Union policies. The conclusion of the evaluation was that Directive 2009/103/EC functions well on the whole, and does not need amendment in most aspects. However, four areas were identified where targeted amendments would be appropriate: compensation of
  parties injured in
  accidents in cases of insolvency of an insurance undertaking, minimum obligatory amounts of insurance cover, insurance checks of vehicles by Member States, and the use of policyholders’
  claims-history
  statements by a new insurance undertaking.
  In addition to these four areas, in order to better protect injured parties, new rules should be introduced on liability in case of an accident involving a trailer towed by a powered vehicle.

Amendment 3

Proposal for a directive

Recital 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a) | Some motor vehicles such as electric bicycles and segways are smaller and are therefore less likely to cause significant damage to persons or property than others. It would be disproportionate and not future proof to include them in the scope of Directive 2009/103/EC, as it would impose an obligation to have an expensive and excessive insurance cover for these vehicles. Such situation would also undermine the uptake of these vehicles and discourage innovation, although there is insufficient evidence that these vehicles could cause accidents resulting in injured parties at the same scale as other vehicles, such as cars or trucks. In line with the principles of subsidiarity and proportionality, requirements at Union level should cover those vehicles that have the potential to cause significant damage in a cross-border situation. It is therefore necessary to limit the scope of Directive 2009/103/EC to those vehicles for which the Union considers that there need to be safety and security requirements before those vehicles are placed on the market, i.e. the vehicles subject to an EU type-approval. |

Text proposed by the Commission

Amendment

(3a)

Some motor vehicles such as electric bicycles and segways are smaller and are therefore less likely to cause significant damage to persons or property than others. It would be disproportionate and not future proof to include them in the scope of Directive 2009/103/EC, as it would impose an obligation to have an expensive and excessive insurance cover for these vehicles. Such situation would also undermine the uptake of these vehicles and discourage innovation, although there is insufficient evidence that these vehicles could cause accidents resulting in injured parties at the same scale as other vehicles, such as cars or trucks. In line with the principles of subsidiarity and proportionality, requirements at Union level should cover those vehicles that have the potential to cause significant damage in a cross-border situation. It is therefore necessary to limit the scope of Directive 2009/103/EC to those vehicles for which the Union considers that there need to be safety and security requirements before those vehicles are placed on the market, i.e. the vehicles subject to an EU type-approval.

Amendment 4

Proposal for a directive

Recital 3 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3b) | However, it is important to allow Member States to decide at national level the appropriate level of protection of parties potentially injured by vehicles other than those subject to EU type-approval. Therefore, it is important that Member States are allowed to maintain or introduce new mandatory provisions covering the protection of users of these other types of vehicles in order to protect potential injured parties from a traffic accident. Where a Member State choses to require such insurance coverage in the form of compulsory insurance, it should take into account the likelihood that a vehicle might be used in a cross-border situation and the need for protection of potential injured parties in another Member State. |

Text proposed by the Commission

Amendment

(3b)

However, it is important to allow Member States to decide at national level the appropriate level of protection of parties potentially injured by vehicles other than those subject to EU type-approval. Therefore, it is important that Member States are allowed to maintain or introduce new mandatory provisions covering the protection of users of these other types of vehicles in order to protect potential injured parties from a traffic accident. Where a Member State choses to require such insurance coverage in the form of compulsory insurance, it should take into account the likelihood that a vehicle might be used in a cross-border situation and the need for protection of potential injured parties in another Member State.

Amendment 5

Proposal for a directive

Recital 3 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3c) | It is also appropriate to exclude from the scope of Directive 2009/103/EC vehicles intended exclusively for motorsports, as these vehicles are generally covered by other forms of liability insurance and not subject to compulsory motor insurance when they are solely used for a competition. Since the use of such vehicles is limited to a controlled track or space, the chance of an accident with unrelated vehicles or persons is also limited. However, it is important that Member States maintain or introduce new mandatory provisions to cover vehicles that participate in a motorsport event. |

Text proposed by the Commission

Amendment

(3c)

It is also appropriate to exclude from the scope of Directive 2009/103/EC vehicles intended exclusively for motorsports, as these vehicles are generally covered by other forms of liability insurance and not subject to compulsory motor insurance when they are solely used for a competition. Since the use of such vehicles is limited to a controlled track or space, the chance of an accident with unrelated vehicles or persons is also limited. However, it is important that Member States maintain or introduce new mandatory provisions to cover vehicles that participate in a motorsport event.

Amendment 6

Proposal for a directive

Recital 3 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3d) | This Directive strikes an appropriate balance between the public interest and the potential costs for public authorities, insurers and policy holders, with a view to ensuring that the measures proposed are cost-effective. |

Text proposed by the Commission

Amendment

(3d)

This Directive strikes an appropriate balance between the public interest and the potential costs for public authorities, insurers and policy holders, with a view to ensuring that the measures proposed are cost-effective.

Amendment 7

Proposal for a directive

Recital 3 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3e) | Use of a vehicle in traffic should include the use of a vehicle in circulation on public and private roadways. This could include all driveways, parking lots or any other equivalent areas on private terrain which are accessible by the general public. The use of a vehicle in a closed area, where no access is possible by the general public, should not be considered to be use of a vehicle in traffic. Nonetheless, when a vehicle is used in traffic at any point and is therefore subject to a compulsory insurance requirement, Member States should ensure that the vehicle is covered by an insurance policy that includes potential injured parties, during the period of the contract, regardless of whether the vehicle is used in traffic or not at the time of the accident, except where the vehicle is used in a motorsports event. Member States should be able to limit non-traffic related insurance cover where there is no reasonable expectation of cover, as is the case of a tractor involved in an accident of which the primary function, at that time, was not to serve as a means of transport, but to generate, as a machine for carrying out work, the motive power necessary to function. |

Text proposed by the Commission

Amendment

(3e)

Use of a vehicle in traffic should include the use of a vehicle in circulation on public and private roadways. This could include all driveways, parking lots or any other equivalent areas on private terrain which are accessible by the general public. The use of a vehicle in a closed area, where no access is possible by the general public, should not be considered to be use of a vehicle in traffic. Nonetheless, when a vehicle is used in traffic at any point and is therefore subject to a compulsory insurance requirement, Member States should ensure that the vehicle is covered by an insurance policy that includes potential injured parties, during the period of the contract, regardless of whether the vehicle is used in traffic or not at the time of the accident, except where the vehicle is used in a motorsports event. Member States should be able to limit non-traffic related insurance cover where there is no reasonable expectation of cover, as is the case of a tractor involved in an accident of which the primary function, at that time, was not to serve as a means of transport, but to generate, as a machine for carrying out work, the motive power necessary to function.

Amendment 8

Proposal for a directive

Recital 3 f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3f) | Use of a vehicle exclusively in non-traffic situations should be excluded from the scope of Directive 2009/103/EC. Moreover, Member States should not require insurance cover for vehicles which are permanently or temporarily de-registered due to their inability to be used as a means of transport, because, for example, they are in a museum, they are undergoing restoration or they have not been used for an extended period of time for another reason, such as seasonal use. |

Text proposed by the Commission

Amendment

(3f)

Use of a vehicle exclusively in non-traffic situations should be excluded from the scope of Directive 2009/103/EC. Moreover, Member States should not require insurance cover for vehicles which are permanently or temporarily de-registered due to their inability to be used as a means of transport, because, for example, they are in a museum, they are undergoing restoration or they have not been used for an extended period of time for another reason, such as seasonal use.

Amendment 9

Proposal for a directive

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | Member States currently
  should refrain
  from performing checks of insurance on vehicles normally based on the territory of another Member State and in respect of vehicles normally based in the territory of a third country entering their territory from the territory of another Member State. New technological developments allow for checking insurance of vehicles without stopping them and thus without interfering with the free movement of persons. It is therefore appropriate allow those checks of insurance on vehicles, only if they are non-discriminatory, necessary and proportionate, form part of a general system of checks on the national territory and do not require stopping of the vehicle. |

Text proposed by the Commission

Amendment

(4)

Member States currently
  should refrain
  from performing checks of insurance on vehicles normally based on the territory of another Member State and in respect of vehicles normally based in the territory of a third country entering their territory from the territory of another Member State. New technological developments allow for checking insurance of vehicles without stopping them and thus without interfering with the free movement of persons. It is therefore appropriate allow those checks of insurance on vehicles, only if they are non-discriminatory, necessary and proportionate, form part of a general system of checks on the national territory and do not require stopping of the vehicle.

| (4) | Member States
  are
  currently
  refraining
  from performing checks of insurance on vehicles normally based on the territory of another Member State and in respect of vehicles normally based in the territory of a third country entering their territory from the territory of another Member State. New technological developments
  , such as the technology allowing automatic number-plate recognition,
  allow for
  the discrete
  checking
  of
  insurance of vehicles without stopping them and thus without interfering with the free movement of persons. It is therefore appropriate
  to
  allow those checks of insurance on vehicles, only if they are non-discriminatory, necessary and proportionate, form part of a general system of checks on the national territory
  , which are carried out also in respect of vehicles based in the territory of the Member State performing the checks,
  do not require stopping of the vehicle
  and if they are carried out in full respect of the rights, freedoms and legitimate interests of the person concerned
  . |
| --- | --- |

(4)

Member States
  are
  currently
  refraining
  from performing checks of insurance on vehicles normally based on the territory of another Member State and in respect of vehicles normally based in the territory of a third country entering their territory from the territory of another Member State. New technological developments
  , such as the technology allowing automatic number-plate recognition,
  allow for
  the discrete
  checking
  of
  insurance of vehicles without stopping them and thus without interfering with the free movement of persons. It is therefore appropriate
  to
  allow those checks of insurance on vehicles, only if they are non-discriminatory, necessary and proportionate, form part of a general system of checks on the national territory
  , which are carried out also in respect of vehicles based in the territory of the Member State performing the checks,
  do not require stopping of the vehicle
  and if they are carried out in full respect of the rights, freedoms and legitimate interests of the person concerned
  .

Amendment 10

Proposal for a directive

Recital 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4a) | In order to enable such a system to function, there needs to be an exchange of information between Member States to allow motor insurance coverage checks even if a vehicle is registered in another Member State. This exchange of information, based on the existing EUCARIS system (the European Car and Driving License Information System), should be carried out in a non-discriminatory manner, as all vehicles should be subject to the same verification. The amendments introduced by this Directive will have a limited impact on public administrations since this exchange system already exists and is used to address traffic offences. |

Text proposed by the Commission

Amendment

(4a)

In order to enable such a system to function, there needs to be an exchange of information between Member States to allow motor insurance coverage checks even if a vehicle is registered in another Member State. This exchange of information, based on the existing EUCARIS system (the European Car and Driving License Information System), should be carried out in a non-discriminatory manner, as all vehicles should be subject to the same verification. The amendments introduced by this Directive will have a limited impact on public administrations since this exchange system already exists and is used to address traffic offences.

Amendment 11

Proposal for a directive

Recital 4 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4b) | Uninsured driving, i.e. use of a motor vehicle without a compulsory insurance cover against civil liability is an increasing problem within the Union. The cost resulting out of that uninsured driving has been estimated at € 870 million in claims in 2011 for the Union as a whole. It should be stressed that uninsured driving negatively affects a wide range of stakeholders including victims of accidents, insurers, guarantee funds and motor insurance policyholders. |

Text proposed by the Commission

Amendment

(4b)

Uninsured driving, i.e. use of a motor vehicle without a compulsory insurance cover against civil liability is an increasing problem within the Union. The cost resulting out of that uninsured driving has been estimated at € 870 million in claims in 2011 for the Union as a whole. It should be stressed that uninsured driving negatively affects a wide range of stakeholders including victims of accidents, insurers, guarantee funds and motor insurance policyholders.

Amendment 12

Proposal for a directive

Recital 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5a) | In line with those principles, Member States should not retain data longer than the period needed to verify whether a vehicle holds valid insurance coverage. When a vehicle is found to be covered, all data related to this verification should be erased. When a verification system is unable to determine if a vehicle is insured, that data should only be held for a maximum period of 30 days or until the valid insurance coverage of the vehicle has been demonstrated, whichever is shorter. For those vehicles which have been found not to be covered by a valid insurance coverage, it is reasonable to require that this data are retained until any administrative or judicial processes are completed and the vehicle is covered by a valid insurance policy. |

Text proposed by the Commission

Amendment

(5a)

In line with those principles, Member States should not retain data longer than the period needed to verify whether a vehicle holds valid insurance coverage. When a vehicle is found to be covered, all data related to this verification should be erased. When a verification system is unable to determine if a vehicle is insured, that data should only be held for a maximum period of 30 days or until the valid insurance coverage of the vehicle has been demonstrated, whichever is shorter. For those vehicles which have been found not to be covered by a valid insurance coverage, it is reasonable to require that this data are retained until any administrative or judicial processes are completed and the vehicle is covered by a valid insurance policy.

Amendment 13

Proposal for a directive

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | Effective and efficient protection of
  victims
  of traffic accidents requires that those
  victims
  are always reimbursed for their personal injuries or for damage to their property, irrespective of whether the insurance undertaking of the party liable is solvent or not. Member States should therefore set up or appoint a body that provides initial compensation for injured parties habitually residing within their territory, and which has the right to reclaim that compensation from the body set up or appointed for the same purpose in the Member State of establishment of the insurance undertaking which issued the policy of the vehicle of the liable party. However, to avoid parallel claims being introduced, victims of traffic incidents should not be allowed to present a claim for compensation with that body if they have already presented their claim
  or have taken legal action with the insurance undertaking concerned
  and that claim is still under consideration
  and that action is still pending
  . |

Text proposed by the Commission

Amendment

(7)

Effective and efficient protection of
  victims
  of traffic accidents requires that those
  victims
  are always reimbursed for their personal injuries or for damage to their property, irrespective of whether the insurance undertaking of the party liable is solvent or not. Member States should therefore set up or appoint a body that provides initial compensation for injured parties habitually residing within their territory, and which has the right to reclaim that compensation from the body set up or appointed for the same purpose in the Member State of establishment of the insurance undertaking which issued the policy of the vehicle of the liable party. However, to avoid parallel claims being introduced, victims of traffic incidents should not be allowed to present a claim for compensation with that body if they have already presented their claim
  or have taken legal action with the insurance undertaking concerned
  and that claim is still under consideration
  and that action is still pending
  .

| (7) | Effective and efficient protection of
  parties injured as a result
  of traffic accidents requires that those
  injured parties
  are always reimbursed
  the amounts due
  for their personal injuries or for damage to their property, irrespective of whether the insurance undertaking of the party liable is solvent or not. Member States should therefore set up or appoint a body that provides
  , without any delay,
  initial compensation
  , at least up to the limits of the insurance obligation referred to in Article 9(1) of Directive 2009/103/EC or the guarantee limits prescribed by the Member State, if higher,
  for injured parties habitually residing within their territory, and which has the right to reclaim that compensation from the body set up or appointed for the same purpose in the Member State of establishment of the insurance undertaking which issued the policy of the vehicle of the liable party. However, to avoid parallel claims being introduced, victims of traffic incidents should not be allowed to present a claim for compensation with that body if they have already presented their claim and that claim is still under consideration. |
| --- | --- |

(7)

Effective and efficient protection of
  parties injured as a result
  of traffic accidents requires that those
  injured parties
  are always reimbursed
  the amounts due
  for their personal injuries or for damage to their property, irrespective of whether the insurance undertaking of the party liable is solvent or not. Member States should therefore set up or appoint a body that provides
  , without any delay,
  initial compensation
  , at least up to the limits of the insurance obligation referred to in Article 9(1) of Directive 2009/103/EC or the guarantee limits prescribed by the Member State, if higher,
  for injured parties habitually residing within their territory, and which has the right to reclaim that compensation from the body set up or appointed for the same purpose in the Member State of establishment of the insurance undertaking which issued the policy of the vehicle of the liable party. However, to avoid parallel claims being introduced, victims of traffic incidents should not be allowed to present a claim for compensation with that body if they have already presented their claim and that claim is still under consideration.

Amendment 14

Proposal for a directive

Recital 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | Previous claims histories of policyholders who seek to conclude new insurance contracts with insurance undertakings should be easily authenticated in order to facilitate the recognition of such claims history when concluding a new insurance policy. In order to simplify the verification and authentication of
  claims history
  statements, it is important that the content and format of the statement of such claims histories are the same across all Member States. In addition, insurance undertakings that take into account
  claims history
  statements to determine motor insurance premiums should not discriminate on the basis of nationality or solely on the basis of the previous Member State of residence of the policyholder. To enable Member States to verify how insurance undertakings treat
  claims history
  statements, insurance undertakings should publish their policies in respect of their use of claims history when calculating premiums. |

Text proposed by the Commission

Amendment

(8)

Previous claims histories of policyholders who seek to conclude new insurance contracts with insurance undertakings should be easily authenticated in order to facilitate the recognition of such claims history when concluding a new insurance policy. In order to simplify the verification and authentication of
  claims history
  statements, it is important that the content and format of the statement of such claims histories are the same across all Member States. In addition, insurance undertakings that take into account
  claims history
  statements to determine motor insurance premiums should not discriminate on the basis of nationality or solely on the basis of the previous Member State of residence of the policyholder. To enable Member States to verify how insurance undertakings treat
  claims history
  statements, insurance undertakings should publish their policies in respect of their use of claims history when calculating premiums.

| (8) | Previous claims histories of policyholders who seek to conclude new insurance contracts with insurance undertakings should be easily authenticated in order to facilitate the recognition of such claims history when concluding a new insurance policy. In order to simplify the verification and authentication of
  claims-history
  statements, it is important that the content and format of the statement of such claims histories are the same across all Member States. In addition, insurance undertakings that take into account
  claims-history
  statements to determine motor insurance premiums should not discriminate on the basis of nationality or solely on the basis of the previous Member State of residence of the policyholder.
  Additionally, insurance undertakings should treat a statement from another Member State as equal to a domestic statement and apply any discounts available to an otherwise identical potential client and those discounts that are required by a Member State's national legislation. Member States should remain free to adopt national legislation on the ‘bonus-malus’ systems since such systems are national in nature, without any cross-border element, and therefore, under the principle of subsidiarity, decision-making with regard to those systems should remain with the Member States.
  To enable Member States to verify how insurance undertakings treat
  claims-history
  statements, insurance undertakings should publish their policies in respect of their use of claims history when calculating premiums. |
| --- | --- |

(8)

Previous claims histories of policyholders who seek to conclude new insurance contracts with insurance undertakings should be easily authenticated in order to facilitate the recognition of such claims history when concluding a new insurance policy. In order to simplify the verification and authentication of
  claims-history
  statements, it is important that the content and format of the statement of such claims histories are the same across all Member States. In addition, insurance undertakings that take into account
  claims-history
  statements to determine motor insurance premiums should not discriminate on the basis of nationality or solely on the basis of the previous Member State of residence of the policyholder.
  Additionally, insurance undertakings should treat a statement from another Member State as equal to a domestic statement and apply any discounts available to an otherwise identical potential client and those discounts that are required by a Member State's national legislation. Member States should remain free to adopt national legislation on the ‘bonus-malus’ systems since such systems are national in nature, without any cross-border element, and therefore, under the principle of subsidiarity, decision-making with regard to those systems should remain with the Member States.
  To enable Member States to verify how insurance undertakings treat
  claims-history
  statements, insurance undertakings should publish their policies in respect of their use of claims history when calculating premiums.

Amendment 15

Proposal for a directive

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission regarding the content and the form of the claims history statement. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council

   (20)

  . |

Text proposed by the Commission

Amendment

(9)

In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission regarding the content and the form of the claims history statement. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council

   (20)

  .

deleted

Amendment 16

Proposal for a directive

Recital 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9a) | In order to bring full effect to the use of claims-history statements when calculating premiums, Member States should encourage the participation of insurance undertakings in transparent price comparison tools. |

Text proposed by the Commission

Amendment

(9a)

In order to bring full effect to the use of claims-history statements when calculating premiums, Member States should encourage the participation of insurance undertakings in transparent price comparison tools.

Amendment 17

Proposal for a directive

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | To ensure that the minimum amounts stay in line with the evolving economic reality (and are not eroded over time) 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 adaptation of those minimum amounts
  of cover of motor third party liability insurance to reflect the evolving economic reality
  , as well as
  to define
  the procedural tasks and the procedural obligations of the bodies set up to provide compensation or entrusted the task of providing compensation pursuant to Article 10a with regard to the reimbursement. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making
  of 13 April 2016
  . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |

Text proposed by the Commission

Amendment

(10)

To ensure that the minimum amounts stay in line with the evolving economic reality (and are not eroded over time) 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 adaptation of those minimum amounts
  of cover of motor third party liability insurance to reflect the evolving economic reality
  , as well as
  to define
  the procedural tasks and the procedural obligations of the bodies set up to provide compensation or entrusted the task of providing compensation pursuant to Article 10a with regard to the reimbursement. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making
  of 13 April 2016
  . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

| (10) | 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 establishment of the content and the form of claims-history statements.
  To ensure that the minimum amounts
  of cover of motor civil liability insurance
  stay in line with the evolving economic reality (and are not eroded over time) 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 adaptation of those minimum amounts, as well as
  the definition of
  the procedural tasks and the procedural obligations of the bodies set up to provide compensation or entrusted
  with
  the task of providing compensation pursuant to Article 10a
  of Directive 2009/103/EC
  with regard to the reimbursement. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement
  of 13 April 2016
  on Better Law-Making (1a). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
| --- | --- |

(10)

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 establishment of the content and the form of claims-history statements.
  To ensure that the minimum amounts
  of cover of motor civil liability insurance
  stay in line with the evolving economic reality (and are not eroded over time) 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 adaptation of those minimum amounts, as well as
  the definition of
  the procedural tasks and the procedural obligations of the bodies set up to provide compensation or entrusted
  with
  the task of providing compensation pursuant to Article 10a
  of Directive 2009/103/EC
  with regard to the reimbursement. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement
  of 13 April 2016
  on Better Law-Making (1a). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 18

Proposal for a directive

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | As part of the evaluation of the functioning of
  the
  Directive, the European Commission should monitor the application of
  the
  Directive, taking into account the number of
  victims
  , the amount of outstanding claims due to delays in payments following cross-border insolvency cases, the level of minimum amounts of cover in Member States, the amount of claims due to uninsured driving relating to cross-border traffic and the number of complaints regarding
  claims history
  statements |

Text proposed by the Commission

Amendment

(11)

As part of the evaluation of the functioning of
  the
  Directive, the European Commission should monitor the application of
  the
  Directive, taking into account the number of
  victims
  , the amount of outstanding claims due to delays in payments following cross-border insolvency cases, the level of minimum amounts of cover in Member States, the amount of claims due to uninsured driving relating to cross-border traffic and the number of complaints regarding
  claims history
  statements

| (11) | As part of the evaluation of the functioning of Directive
  2009/103/EC
  , the European Commission should monitor the application of
  that
  Directive, taking into account the number of
  injured parties
  , the amount of outstanding claims due to delays in payments following cross-border insolvency cases, the level of minimum amounts of cover in Member States, the amount of claims due to uninsured driving relating to cross-border traffic and the number of complaints regarding
  claims-history
  statements
  . The Commission should also monitor and review Directive 2009/103/EC in light of technological developments, including the increased use of autonomous and semi-autonomous vehicles, to ensure that it continues to serve its purpose, which is to protect potential injured parties from accidents involving motor vehicles. It should also analyse the liability system of high-speed lightweight vehicles, and a potential Union-wide solution of a bonus-malus system. |
| --- | --- |

(11)

As part of the evaluation of the functioning of Directive
  2009/103/EC
  , the European Commission should monitor the application of
  that
  Directive, taking into account the number of
  injured parties
  , the amount of outstanding claims due to delays in payments following cross-border insolvency cases, the level of minimum amounts of cover in Member States, the amount of claims due to uninsured driving relating to cross-border traffic and the number of complaints regarding
  claims-history
  statements
  . The Commission should also monitor and review Directive 2009/103/EC in light of technological developments, including the increased use of autonomous and semi-autonomous vehicles, to ensure that it continues to serve its purpose, which is to protect potential injured parties from accidents involving motor vehicles. It should also analyse the liability system of high-speed lightweight vehicles, and a potential Union-wide solution of a bonus-malus system.

Amendment 19

Proposal for a directive

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | Since the objectives of this Directive, in particular to ensure an equal minimum protection of
  victims
  of traffic accidents across the Union
  and
  to ensure
  the
  protection
  of victims
  in case of insolvency of insurance undertakings, cannot be sufficiently achieved by the Member States but can rather, by reason of their effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty 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. |

Text proposed by the Commission

Amendment

(12)

Since the objectives of this Directive, in particular to ensure an equal minimum protection of
  victims
  of traffic accidents across the Union
  and
  to ensure
  the
  protection
  of victims
  in case of insolvency of insurance undertakings, cannot be sufficiently achieved by the Member States but can rather, by reason of their effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty 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.

| (12) | Since the objectives of this Directive, in particular to ensure an equal minimum protection of
  parties injured as a result
  of traffic accidents across the Union, to ensure
  their
  protection in case of insolvency of insurance undertakings
  and to ensure equal treatment in the authentication of claims-history statements by insurers for potential policy holders crossing internal Union borders
  cannot be sufficiently achieved by the Member States but can rather, by reason of their effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty 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. |
| --- | --- |

(12)

Since the objectives of this Directive, in particular to ensure an equal minimum protection of
  parties injured as a result
  of traffic accidents across the Union, to ensure
  their
  protection in case of insolvency of insurance undertakings
  and to ensure equal treatment in the authentication of claims-history statements by insurers for potential policy holders crossing internal Union borders
  cannot be sufficiently achieved by the Member States but can rather, by reason of their effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty 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.

Amendment 20

Proposal for a directive

Recital 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | In order to promote a consistent approach for parties injured as a result of incidents where a motor vehicle is used as a weapon to commit a violent crime or terrorist act, Member States should ensure that their compensation body set up or authorised in accordance with Article 10 of Directive 2009/103/EC handles any and all claims arising from such a crime or act. |

Text proposed by the Commission

Amendment

(13a)

In order to promote a consistent approach for parties injured as a result of incidents where a motor vehicle is used as a weapon to commit a violent crime or terrorist act, Member States should ensure that their compensation body set up or authorised in accordance with Article 10 of Directive 2009/103/EC handles any and all claims arising from such a crime or act.

Amendment 21

Proposal for a directive

Article 1 — paragraph 1 — point - 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-1) | The word ‘victim’ is replaced by ‘injured party’ and ‘victims’ is replaced by ‘injured parties’, throughout the Directive. |

Text proposed by the Commission

Amendment

(-1)

(Final exact wording of ‘injured party’ needs to be determined case by case, based on grammatical needs, and the adoption of this amendment would result in the creation of further corresponding amendments to the amended Directive.)

Amendment 22

Proposal for a directive

Article 1 — paragraph 1 — point 1

Directive 2009/103/EC

Article 1 — paragraph 1 — point 1a

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1a. | ‘use of a vehicle’ means any use of
  such
  vehicle
  , intended normally to serve as a means of transport,
  that is consistent with the
  normal
  function
  of that vehicle
  , irrespective of the vehicle's characteristics and irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion. |

Text proposed by the Commission

Amendment

1a.

‘use of a vehicle’ means any use of
  such
  vehicle
  , intended normally to serve as a means of transport,
  that is consistent with the
  normal
  function
  of that vehicle
  , irrespective of the vehicle's characteristics and irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion.

| 1a. | ‘use of a vehicle’ means any use of
  a
  vehicle
  in traffic
  that is consistent with the
  vehicle's
  function
  as a means of transport at the time of the accident
  , irrespective of the vehicle's characteristics and irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion; |
| --- | --- |

1a.

‘use of a vehicle’ means any use of
  a
  vehicle
  in traffic
  that is consistent with the
  vehicle's
  function
  as a means of transport at the time of the accident
  , irrespective of the vehicle's characteristics and irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion;

Amendment 23

Proposal for a directive

Article 1 — paragraph 1 — point 1 a (new)

Directive 2009/103/EC

Article 2 — paragraphs 1 a and 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1a) | In Article 2, the following paragraphs are added: |

Text proposed by the Commission

Amendment

(1a)

‘This Directive shall only apply to vehicles covered by Regulation (EU) 2018/858

   (*)

  , Regulation (EU) No 167/2013

   (**)

  or Regulation (EU) No 168/2013

   (***)

  .

This Directive shall not apply to vehicles that are intended exclusively for use in the context of participation in a competitive sport activity, or in related sport activities, within a closed area.

Amendment 24

Proposal for a directive

Article 1 — paragraph 1 — point 1 b (new)

Directive 2009/103/EC

Article 3 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1b) | In Article 3, the following paragraph is added: |

Text proposed by the Commission

Amendment

(1b)

‘Member States shall ensure that when a vehicle is required to hold insurance pursuant to the first paragraph, the insurance is also valid and covers injured parties in the case of accidents occurring:

| (a) | when the vehicle is in traffic and not being used in accordance with its primary function; and |
| --- | --- |

(a)

when the vehicle is in traffic and not being used in accordance with its primary function; and

| (b) | outside the use of the vehicle in traffic. |
| --- | --- |

(b)

outside the use of the vehicle in traffic.

Member States may adopt limitations on insurance coverage in respect of the use outside the use of the vehicle in traffic as referred to in point (b) of the fifth paragraph. This provision shall be used as an exception and only when necessary, where Member States consider that such coverage would go beyond what can be reasonably expected from a motor insurance. This provision may never be used to circumvent the principles and rules set out in this Directive.’

Amendment 25

Proposal for a directive

Article 1 — paragraph 1 — point 2

Directive 2009/103/EC

Article 4 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| However, they may carry out such checks on insurance provided that those checks are non-discriminatory, necessary and proportionate to achieve the end pursued, and | However, they may carry out such checks on insurance provided that those checks are non-discriminatory, necessary and proportionate to achieve the end pursued,
  respect the rights, freedoms and legitimate interests of the person concerned
  , and |

Text proposed by the Commission

Amendment

However, they may carry out such checks on insurance provided that those checks are non-discriminatory, necessary and proportionate to achieve the end pursued, and

However, they may carry out such checks on insurance provided that those checks are non-discriminatory, necessary and proportionate to achieve the end pursued,
  respect the rights, freedoms and legitimate interests of the person concerned
  , and

Amendment 26

Proposal for a directive

Article 1 — paragraph 1 — point 2

Directive 2009/103/EC

Article 4 — paragraph 1 — subparagraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | they form part of a general system of checks on the national territory and do not require the vehicle to stop. |

Text proposed by the Commission

Amendment

(b)

they form part of a general system of checks on the national territory and do not require the vehicle to stop.

| (b) | they form part of a general system of checks on the national territory
  which are carried out also in respect of vehicles normally based in the territory of the Member State carrying out the check,
  and do not require the vehicle to stop. |
| --- | --- |

(b)

they form part of a general system of checks on the national territory
  which are carried out also in respect of vehicles normally based in the territory of the Member State carrying out the check,
  and do not require the vehicle to stop.

Amendment 27

Proposal for a directive

Article 1 — paragraph 1 — point 2

Directive 2009/103/EC

Article 4 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  For the purposes of carrying out checks on insurance, as referred to in paragraph 1, a Member State shall grant other Member States access to the following national vehicle registration data, with the power to conduct automated searches thereon: |
| | (a) | data on whether a vehicle is covered by a compulsory insurance; |

Text proposed by the Commission

Amendment

1a.
     
  For the purposes of carrying out checks on insurance, as referred to in paragraph 1, a Member State shall grant other Member States access to the following national vehicle registration data, with the power to conduct automated searches thereon:

(a)

(a)

data on whether a vehicle is covered by a compulsory insurance;

data on whether a vehicle is covered by a compulsory insurance;

| (b) | data relating to owners or holders of the vehicle which is relevant to their insurance against civil liability subject to Article 3. |
| --- | --- |

(b)

(b)

data relating to owners or holders of the vehicle which is relevant to their insurance against civil liability subject to Article 3.

data relating to owners or holders of the vehicle which is relevant to their insurance against civil liability subject to Article 3.

Access to those data shall be granted through the Member States’ national contact points, as designated pursuant to Article 4(2) of Directive (EU) 2015/413

   (*1)

  .

Access to those data shall be granted through the Member States’ national contact points, as designated pursuant to Article 4(2) of Directive (EU) 2015/413

*1

.

Amendment 28

Amendment 28

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 2

Article 1 — paragraph 1 — point 2

Directive 2009/103/EC

Article 4 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1b.
     
  When conducting a search in the form of an outgoing request, the national contact point of the Member State carrying out an insurance check shall use a full registration number. Those searches shall be conducted in compliance with the procedures laid down in Chapter 3 of the Annex to Decision 2008/616/JHA

   (*2)

  . The Member State carrying out an insurance check shall use the data obtained in order to establish whether a vehicle is covered by a valid compulsory insurance subject to Article 3 of this Directive. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1b.
     
  When conducting a search in the form of an outgoing request, the national contact point of the Member State carrying out an insurance check shall use a full registration number. Those searches shall be conducted in compliance with the procedures laid down in Chapter 3 of the Annex to Decision 2008/616/JHA

   (*2)

  . The Member State carrying out an insurance check shall use the data obtained in order to establish whether a vehicle is covered by a valid compulsory insurance subject to Article 3 of this Directive.

Amendment 29

Amendment 29

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 2

Article 1 — paragraph 1 — point 2

Directive 2009/103/EC

Article 4 — paragraph 1 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1c.
     
  Member States shall ensure the security and protection of the data transmitted, as far as possible using existing software applications, such as the one referred to in Article 15 of Decision 2008/616/JHA, and amended versions of those software applications, in compliance with Chapter 3 of the Annex to Decision 2008/616/JHA. The amended versions of the software applications shall provide for both online real-time exchange mode and batch exchange mode, the latter allowing for the exchange of multiple requests or responses within one message. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1c.
     
  Member States shall ensure the security and protection of the data transmitted, as far as possible using existing software applications, such as the one referred to in Article 15 of Decision 2008/616/JHA, and amended versions of those software applications, in compliance with Chapter 3 of the Annex to Decision 2008/616/JHA. The amended versions of the software applications shall provide for both online real-time exchange mode and batch exchange mode, the latter allowing for the exchange of multiple requests or responses within one message.

Amendment 30

Amendment 30

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 2

Article 1 — paragraph 1 — point 2

Directive 2009/103/EC

Article 4 — paragraph 2 — subparagraphs 1 a, 1 b and 1 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The Member States shall, in particular, specify the precise purpose, refer to the relevant legal basis, comply with the relevant security requirements and respect the principles of necessity, proportionality, and purpose limitation, and shall set a proportionate data retention period. |
| | The personal data processed pursuant to this Article shall not be retained longer than necessary for the purpose of handling an insurance check. Those data shall be fully erased as soon as they are no longer necessary for that purpose. Where an insurance check shows that a vehicle is covered by a compulsory insurance subject to Article 3, the controller shall immediately erase those data. When a check is unable to determine if a vehicle is covered by a compulsory insurance subject to Article 3, the data shall be retained for a proportionate period of not more than 30 days or until the time necessary to determine the insurance coverage as existing, whichever is shorter. |
| | Where a Member State determines that a vehicle is travelling without compulsory insurance subject to Article 3, it may apply the penalties established in accordance with Article 27. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Member States shall, in particular, specify the precise purpose, refer to the relevant legal basis, comply with the relevant security requirements and respect the principles of necessity, proportionality, and purpose limitation, and shall set a proportionate data retention period.

The Member States shall, in particular, specify the precise purpose, refer to the relevant legal basis, comply with the relevant security requirements and respect the principles of necessity, proportionality, and purpose limitation, and shall set a proportionate data retention period.

The personal data processed pursuant to this Article shall not be retained longer than necessary for the purpose of handling an insurance check. Those data shall be fully erased as soon as they are no longer necessary for that purpose. Where an insurance check shows that a vehicle is covered by a compulsory insurance subject to Article 3, the controller shall immediately erase those data. When a check is unable to determine if a vehicle is covered by a compulsory insurance subject to Article 3, the data shall be retained for a proportionate period of not more than 30 days or until the time necessary to determine the insurance coverage as existing, whichever is shorter.

The personal data processed pursuant to this Article shall not be retained longer than necessary for the purpose of handling an insurance check. Those data shall be fully erased as soon as they are no longer necessary for that purpose. Where an insurance check shows that a vehicle is covered by a compulsory insurance subject to Article 3, the controller shall immediately erase those data. When a check is unable to determine if a vehicle is covered by a compulsory insurance subject to Article 3, the data shall be retained for a proportionate period of not more than 30 days or until the time necessary to determine the insurance coverage as existing, whichever is shorter.

Where a Member State determines that a vehicle is travelling without compulsory insurance subject to Article 3, it may apply the penalties established in accordance with Article 27.

Where a Member State determines that a vehicle is travelling without compulsory insurance subject to Article 3, it may apply the penalties established in accordance with Article 27.

Amendment 31

Amendment 31

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 3

Article 1 — paragraph 1 — point 3

Directive 2009/103/EC

Article 9 — paragraph 1 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | for personal injuries: EUR 6 070 000 per accident, irrespective of the number of
  victims
  , or EUR 1 220 000 per
  victim
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

for personal injuries: EUR 6 070 000 per accident, irrespective of the number of
  victims
  , or EUR 1 220 000 per
  victim
  ;

victims

victim

| (a) | for personal injuries: EUR 6 070 000 per accident, irrespective of the number of
  injured parties
  , or EUR 1 220 000 per
  injured party
  ; |
| --- | --- |

(a)

for personal injuries: EUR 6 070 000 per accident, irrespective of the number of
  injured parties
  , or EUR 1 220 000 per
  injured party
  ;

injured parties

injured party

Amendment 32

Amendment 32

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 3

Article 1 — paragraph 1 — point 3

Directive 2009/103/EC

Article 9 — paragraph 1 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | for
  damages
  to property, EUR 1 220 000 per
  claim
  , irrespective of the number of
  victims
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

for
  damages
  to property, EUR 1 220 000 per
  claim
  , irrespective of the number of
  victims
  .

damages

claim

victims

| (b) | for
  damage
  to property, EUR 1 220 000 per
  accident
  , irrespective of the number of
  injured parties
  . |
| --- | --- |

(b)

for
  damage
  to property, EUR 1 220 000 per
  accident
  , irrespective of the number of
  injured parties
  .

damage

accident

injured parties

Amendments 33

Amendments 33

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 3 a (new)

Article 1 — paragraph 1 — point 3 a (new)

Directive 2009/103/EC

Article 10 — paragraph 1 — subparagraph 1

| Present text | Amendment |
| --- | --- |
| | (3a) | In Article 10, the first subparagraph of paragraph 1 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3a)

(3a)

In Article 10, the first subparagraph of paragraph 1 is replaced by the following:

Each Member State shall set up or authorise a body with the task of providing compensation, at least up to the limits of the insurance obligation for damage to property or personal injuries caused by an unidentified vehicle or a vehicle for which the insurance obligation provided for in Article 3 has not been satisfied.

‘Each Member State shall set up or authorise a body with the task of providing compensation
  of
  at least up to the limits of the insurance obligation
  referred to in Article 9(1) or the guarantee limits prescribed by the Member State, if higher,
  for damage to property or personal injuries caused by an unidentified vehicle or a vehicle for which the insurance obligation provided for in Article 3 has not been satisfied
  , including with respect to incidents where a motor vehicle is used as a weapon to commit a violent crime or terrorist act
  .’

Amendment 34

Amendment 34

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 4

Article 1 — paragraph 1 — point 4

Directive 2009/103/EC

Article 10a

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 10a | Article 10a |
| Protection of injured parties in case of insolvency of an insurance undertaking
  or lack of cooperation of an insurance undertaking | Protection of injured parties in case of insolvency of an insurance undertaking |
| | -1.
     
  Member States shall take all measures necessary to ensure that injured parties have the right to claim compensation, at least up to the limits of the insurance obligation referred to in Article 9(1) or the guarantee limits prescribed by the Member State, if higher, for personal injuries or damage to property caused by a vehicle insured by an insurance undertaking in the following situations: |
| | (a) | the insurance undertaking is subject to bankruptcy proceedings; or |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 10a

Article 10a

Protection of injured parties in case of insolvency of an insurance undertaking
  or lack of cooperation of an insurance undertaking

or lack of cooperation of an insurance undertaking

Protection of injured parties in case of insolvency of an insurance undertaking

-1.
     
  Member States shall take all measures necessary to ensure that injured parties have the right to claim compensation, at least up to the limits of the insurance obligation referred to in Article 9(1) or the guarantee limits prescribed by the Member State, if higher, for personal injuries or damage to property caused by a vehicle insured by an insurance undertaking in the following situations:

(a)

(a)

the insurance undertaking is subject to bankruptcy proceedings; or

the insurance undertaking is subject to bankruptcy proceedings; or

| (b) | the insurance undertaking is subject to winding-up proceedings as defined in Article 268(d) of Directive 2009/138/EC of the European Parliament and of the Council

   (*)

  . |
| --- | --- |

(b)

(b)

the insurance undertaking is subject to winding-up proceedings as defined in Article 268(d) of Directive 2009/138/EC of the European Parliament and of the Council

   (*)

  .

the insurance undertaking is subject to winding-up proceedings as defined in Article 268(d) of Directive 2009/138/EC of the European Parliament and of the Council

*

.

1.   Member
  States
  shall set up or authorise a body to compensate injured parties habitually residing within their territory,
  at least up to the limits of the insurance obligation
  referred to in
  Article 9(1) for personal injuries or material damage, caused by a vehicle insured by an insurance undertaking in any of the following situations:

1.   
  Each
  Member
  State
  shall set up or authorise a body to compensate injured parties, habitually residing within their territory,
  in the situations
  referred to in
  paragraph - 1.

| (a) | the insurance undertaking is subject to bankruptcy proceedings; |
| --- | --- |

(a)

(a)

the insurance undertaking is subject to bankruptcy proceedings;

the insurance undertaking is subject to bankruptcy proceedings;

| (b) | the insurance undertaking is subject to a winding up procedure as defined in Article 268(d) of Directive 2009/138/EC

  of the European Parliament and of the Council
   (***); |
| --- | --- |

(b)

(b)

the insurance undertaking is subject to a winding up procedure as defined in Article 268(d) of Directive 2009/138/EC

  of the European Parliament and of the Council
   (***);

the insurance undertaking is subject to a winding up procedure as defined in Article 268(d) of Directive 2009/138/EC

of the European Parliament and of the Council

***

| (c) | the insurance undertaking or its claims representative has not provided a reasoned reply to the points made in a claim for compensation within three months after the date on which the injured party presented his or her claim to that insurance undertaking. |
| --- | --- |

(c)

(c)

the insurance undertaking or its claims representative has not provided a reasoned reply to the points made in a claim for compensation within three months after the date on which the injured party presented his or her claim to that insurance undertaking.

the insurance undertaking or its claims representative has not provided a reasoned reply to the points made in a claim for compensation within three months after the date on which the injured party presented his or her claim to that insurance undertaking.

2.
     
  Injured parties may not present a claim to the body referred to in paragraph 1 if they have presented a claim directly to or taken legal action directly against the insurance undertaking and such claim or legal action is still pending.

3.   The body referred to in paragraph 1 shall
  give a reply to the claim
  within
  two
  months
  after the date on
  which the injured party has
  presented
  his or her claim for compensation.

3.   
  The injured party may apply for compensation directly to the body referred to in paragraph 1. That body shall, on the basis of information provided at its request by the injured party, provide the injured party with a reasoned reply regarding the payment of any compensation within three months from the date when the injured party applies for compensation.

Where compensation is due,
  the body referred to in paragraph 1 shall within
  three
  months
  of communicating its reply, provide the full compensation to the injured party or, when compensation is in the form of agreed periodic payments, start such payments.

Where compensation is due,

three

of communicating its reply, provide the full compensation to the injured party or, when compensation is in the form of agreed periodic payments, start such payments.

When an injured party has filed a claim to an insurance undertaking or its claims representative, which before or during a claim became subject to the situations referred to in paragraph - 1, and that injured party has not yet received a reasoned reply from that insurance undertaking or its claims representative,
  the injured party
  shall be able to re-submit his or her claim for compensation to the body referred to in paragraph 1.
  .

When an injured party has filed a claim to an insurance undertaking or its claims representative, which before or during a claim became subject to the situations referred to in paragraph - 1, and that injured party has not yet received a reasoned reply from that insurance undertaking or its claims representative,

shall be able to re-submit his or her claim for compensation to the body referred to in paragraph 1.

4.   Where
  the injured party is resident in another Member State than the Member State in which
  the insurance undertaking
  referred to in paragraph 1 is established,
  the body referred to in paragraph 1
  and which has compensated that injured party in his or her Member State of residence,
  shall be entitled to claim reimbursement of the sum paid by way of compensation from the body referred to in paragraph 1 in the Member State in which the insurance undertaking
  which issued the policy of the liable party is established
  .

4.   Where the insurance undertaking
  received the authorisation in accordance with Article 14 of Directive 2009/138/EC in a Member State different from the Member State for which
  the body referred to in paragraph 1
  is competent, that body
  shall be entitled to claim reimbursement of the sum paid by way of compensation from the body referred to in paragraph 1 in the Member State in which the insurance undertaking
  received the authorisation
  .

5.   Paragraphs
  1
  to 4 are without prejudice to:

5.   Paragraphs
  -1
  to 4 are without prejudice to:

| (a) | the right of Member States to regard compensation paid by the body referred to in paragraph 1 as subsidiary or non-subsidiary; |
| --- | --- |

(a)

the right of Member States to regard compensation paid by the body referred to in paragraph 1 as subsidiary or non-subsidiary;

| (a) | the right of Member States to regard compensation paid by the body referred to in paragraph 1 as subsidiary or non-subsidiary; |
| --- | --- |

(a)

the right of Member States to regard compensation paid by the body referred to in paragraph 1 as subsidiary or non-subsidiary;

| (b) | the right of Member States to make provision for the settlement of claims in respect of the same accident between: |
| --- | --- |

(b)

the right of Member States to make provision for the settlement of claims in respect of the same accident between:

| (b) | the right of Member States to make provision for the settlement of claims in respect of the same accident between: |
| --- | --- |

(b)

the right of Member States to make provision for the settlement of claims in respect of the same accident between:

| | (i) | the body referred to in paragraph 1; |
| --- | --- | --- |

(i)

the body referred to in paragraph 1;

| | (i) | the body referred to in paragraph 1; |
| --- | --- | --- |

(i)

the body referred to in paragraph 1;

| | (ii) | the person or persons liable for the accident; |
| --- | --- | --- |

(ii)

the person or persons liable for the accident;

| | (ii) | the person or persons liable for the accident; |
| --- | --- | --- |

(ii)

the person or persons liable for the accident;

| | (iii) | other insurance undertakings or social security bodies required to compensate the injured party. |
| --- | --- | --- |

(iii)

other insurance undertakings or social security bodies required to compensate the injured party.

| | (iii) | other insurance undertakings or social security bodies required to compensate the injured party. |
| --- | --- | --- |

(iii)

other insurance undertakings or social security bodies required to compensate the injured party.

6.   Member States shall not allow the body referred to in paragraph 1 to make the payment of compensation subject to any requirements other than those laid down in this Directive
  and in
  particular not the requirement that the injured party should establish that the party liable is unable or refuses to pay.

6.   Member States shall not allow the body referred to in paragraph 1 to make the payment of compensation subject to any
  reduction or
  to any requirements other than those laid down in this Directive
  . In
  particular,
  Member States shall not allow the body referred to in paragraph 1 to make the payment of compensation subject to
  the requirement that the injured party establish that the party liable
  or the insurance undertaking
  is unable or refuses to pay.

7.   
  The Commission
  shall
  be empowered to adopt delegated acts in accordance with the procedure
  referred to in
  Article 28b in order to define the procedural tasks and the procedural
  obligations
  of the bodies set up or authorised pursuant to Article 10a with regard to the
  reimbursement.

7.   
  This Article
  shall
  take effect:

| (a) | after an agreement has been concluded between all the bodies
  referred to in
  paragraph 1, set up or authorised by the Member States, relating to their functions and
  obligations
  and the procedures for
  reimbursement; |
| --- | --- |

(a)

(a)

after an agreement has been concluded between all the bodies
  referred to in
  paragraph 1, set up or authorised by the Member States, relating to their functions and
  obligations
  and the procedures for
  reimbursement;

after an agreement has been concluded between all the bodies

paragraph 1, set up or authorised by the Member States, relating to their functions and

and the procedures for

| (b) | from a date to be fixed by the Commission once it has ascertained, in close cooperation with the Member States, that the agreement referred to in point (a) has been concluded
  ." |
| --- | --- |

(b)

(b)

from a date to be fixed by the Commission once it has ascertained, in close cooperation with the Member States, that the agreement referred to in point (a) has been concluded
  ."

from a date to be fixed by the Commission once it has ascertained, in close cooperation with the Member States, that the agreement referred to in point (a) has been concluded

7a
     
  . Injured parties referred to in Article 20(1) may, in the situations referred to in paragraph - 1, apply for compensation from the compensation body referred to in Article 24 in their Member State of residence.

7b.
     
  The injured party may apply for compensation directly to the compensation body which, on the basis of information provided at its request by the injured party, shall provide the injured party with a reasoned reply within three months of the date when the injured party applies for compensation.

Upon receipt of the claim, the compensation body shall inform the following persons or bodies that it has received a claim from the injured party:

Upon receipt of the claim, the compensation body shall inform the following persons or bodies that it has received a claim from the injured party:

| (a) | the insurance undertaking subject to bankruptcy or winding-up proceedings; |
| --- | --- |

(a)

(a)

the insurance undertaking subject to bankruptcy or winding-up proceedings;

the insurance undertaking subject to bankruptcy or winding-up proceedings;

| (b) | the liquidator appointed for that insurance undertaking, as defined in Article 268(f) of Directive 2009/138/EC; |
| --- | --- |

(b)

(b)

the liquidator appointed for that insurance undertaking, as defined in Article 268(f) of Directive 2009/138/EC;

the liquidator appointed for that insurance undertaking, as defined in Article 268(f) of Directive 2009/138/EC;

| (c) | the compensation body in the Member State where the accident occurred; and |
| --- | --- |

(c)

(c)

the compensation body in the Member State where the accident occurred; and

the compensation body in the Member State where the accident occurred; and

| (d) | the compensation body in the Member State where the insurance undertaking received the authorisation in accordance with Article 14 of Directive 2009/138/EC in case that Member State differs from the Member State where the accident occurred. |
| --- | --- |

(d)

(d)

the compensation body in the Member State where the insurance undertaking received the authorisation in accordance with Article 14 of Directive 2009/138/EC in case that Member State differs from the Member State where the accident occurred.

the compensation body in the Member State where the insurance undertaking received the authorisation in accordance with Article 14 of Directive 2009/138/EC in case that Member State differs from the Member State where the accident occurred.

7c.
     
  Upon receipt of the information referred to in paragraph 7b, the compensation body in the Member State where the accident occurred shall inform the compensation body in the injured party's Member State of residence whether the compensation by the body referred to in paragraph 1 is to be regarded as subsidiary or non-subsidiary. The compensation body in the injured party's Member State of residence shall take into account that information when providing compensation.

7d.
     
  The compensation body which has compensated the injured party in his or her Member State of residence shall be entitled to claim reimbursement of the sum paid by way of compensation from the compensation body in the Member State where the insurance undertaking received the authorisation in accordance with Article 14 of Directive 2009/138/EC.

7e.
     
  The latter body shall be subrogated to the injured party in his or her rights against the body referred to in paragraph 1 established in the Member State where the insurance undertaking received the authorisation in accordance with Article 14 of Directive 2009/138/EC in so far as the compensation body in the injured party's Member State of residence provided compensation for personal injuries or damage to property.

Each Member State shall be obliged to acknowledge this subrogation as provided for by any other Member state.

Each Member State shall be obliged to acknowledge this subrogation as provided for by any other Member state.

7f.
     
  The agreement between compensation bodies, referred to in Article 24(3), shall contain provisions relating to the compensation bodies' functions, obligations and procedures for reimbursement resulting from this Article.

7 g.
     
  In the absence of the agreement referred to in point (a) of paragraph 7 or in the absence of an amendment to the agreement under paragraph 7f by [two years after the entry into force of this amending Directive], the Commission shall be empowered to adopt delegated acts in accordance with the procedure referred to in Article 28b laying down the procedural tasks and the procedural obligations of the bodies set up or authorised pursuant to this Article with regard to the reimbursement, or amending the agreement under Article 24(3), or both, if necessary.

Amendment 35

Amendment 35

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 4 a (new)

Article 1 — paragraph 1 — point 4 a (new)

Directive 2009/103/EC

Article 15

| |
| --- |
| Present text | Amendment |
| | (4a) | Article 15 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(4a)

(4a)

Article 15 is replaced by the following:

Article 15

‘Article 15

Vehicles dispatched from one Member State to another

Vehicles dispatched from one Member State to another

1.   By way of derogation from
  the second indent of Article 2(d) of Directive 88/357/EEC,
  where a vehicle is dispatched from one Member State to another, the Member State where the risk is situated shall be considered to be the Member State of destination
  , immediately upon acceptance of delivery by the purchaser,
  for a period of 30 days, even
  though
  the vehicle has not formally been registered in the Member State of destination.

1.   By way of derogation from
  point (b) of Article 13, point 13 of Directive 2009/138/EC of the European Parliament and of the Council

   (*)

  ,
  where a vehicle is dispatched from one Member State to another, the Member State where the risk is situated shall be considered to be
  either the Member State of registration or, immediately upon acceptance of delivery by the purchaser,
  the Member State of destination, for a period of 30 days, even
  if
  the vehicle has not formally been registered in the Member State of destination.

2.   
  In the event that the vehicle is involved in an accident during the period mentioned in paragraph 1 of this Article while being uninsured, the body referred to in Article 10(1) in
  the Member State
  of destination shall be liable for the compensation provided for in Article 9
  .

2.   
  Member States shall take the necessary steps to ensure that insurance undertakings notify to the information centre of
  the Member State
  in which the vehicle is registered that they have issued an insurance policy for the use of the vehicle in question
  .

Amendment 36

Amendment 36

Proposal for a directive

Proposal for a directive

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

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

Directive 2009/103/EC

Article 15 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4b) | The following Article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(4b)

(4b)

The following Article is inserted:

‘Article 15a

Liability in case of an accident involving a trailer towed by a powered vehicle

In case of an accident caused by a set of vehicles consisting of a trailer towed by a powered vehicle, the injured party shall be compensated by the undertaking that insured the trailer, where:

| — | separate third party liabilities were taken out; and |
| --- | --- |

—

separate third party liabilities were taken out; and

| — | the trailer can be identified, but the powered vehicle that towed it cannot be identified. |
| --- | --- |

—

the trailer can be identified, but the powered vehicle that towed it cannot be identified.

The undertaking compensating the injured party in this case shall have a recourse to the undertaking that insured the towing powered vehicle if this is provided for under national law.’

Amendment 37

Amendment 37

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 5 — point b

Article 1 — paragraph 1 — point 5 — point b

Directive 2009/103/EC

Article 16 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall ensure that insurance undertakings
  or
  the bodies as referred to in the second subparagraph, when taking account of
  claims history
  statements issued by other insurance undertakings or other bodies as referred to in the second subparagraph, do not treat policyholders in a discriminatory manner or surcharge their premiums because of their nationality or solely on the basis of their previous Member State of residence. | Member States shall ensure that insurance undertakings
  and
  the bodies as referred to in the second subparagraph, when taking account of
  claims-history
  statements issued by other insurance undertakings or other bodies as referred to in the second subparagraph, do not treat policyholders in a discriminatory manner or surcharge their premiums because of their nationality or solely on the basis of their previous Member State of residence. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall ensure that insurance undertakings
  or
  the bodies as referred to in the second subparagraph, when taking account of
  claims history
  statements issued by other insurance undertakings or other bodies as referred to in the second subparagraph, do not treat policyholders in a discriminatory manner or surcharge their premiums because of their nationality or solely on the basis of their previous Member State of residence.

or

claims history

Member States shall ensure that insurance undertakings
  and
  the bodies as referred to in the second subparagraph, when taking account of
  claims-history
  statements issued by other insurance undertakings or other bodies as referred to in the second subparagraph, do not treat policyholders in a discriminatory manner or surcharge their premiums because of their nationality or solely on the basis of their previous Member State of residence.

and

claims-history

Amendment 38

Amendment 38

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 5 — point b

Article 1 — paragraph 1 — point 5 — point b

Directive 2009/103/EC

Article 16 –paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Member States shall ensure that where an insurance undertaking takes into account claims-history statements when determining premiums, it shall also take into account claims-history statements issued by insurance undertakings based in other Member States as equal to those issued by an insurance undertaking within the same Member State and shall apply, in accordance with national law, any statutory requirements as to premiums treatment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall ensure that where an insurance undertaking takes into account claims-history statements when determining premiums, it shall also take into account claims-history statements issued by insurance undertakings based in other Member States as equal to those issued by an insurance undertaking within the same Member State and shall apply, in accordance with national law, any statutory requirements as to premiums treatment.

Member States shall ensure that where an insurance undertaking takes into account claims-history statements when determining premiums, it shall also take into account claims-history statements issued by insurance undertakings based in other Member States as equal to those issued by an insurance undertaking within the same Member State and shall apply, in accordance with national law, any statutory requirements as to premiums treatment.

Amendment 39

Amendment 39

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 5 — point b

Article 1 — paragraph 1 — point 5 — point b

Directive 2009/103/EC

Article 16 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall ensure that insurance undertakings publish their policies in respect of their use of
  claims history
  statements when calculating premiums. | Without prejudice to the pricing policies of insurance undertakings,
  Member States shall ensure that insurance undertakings publish their policies in respect of their use of
  claims-history
  statements when calculating premiums. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall ensure that insurance undertakings publish their policies in respect of their use of
  claims history
  statements when calculating premiums.

claims history

Without prejudice to the pricing policies of insurance undertakings,
  Member States shall ensure that insurance undertakings publish their policies in respect of their use of
  claims-history
  statements when calculating premiums.

Without prejudice to the pricing policies of insurance undertakings,

claims-history

Amendment 40

Amendment 40

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 5 — point b

Article 1 — paragraph 1 — point 5 — point b

Directive 2009/103/EC

Article 16 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall be empowered to adopt
  implementing
  acts in accordance with Article
  28a(2) specifying
  the contents and form of the
  claims history
  statement referred to in the second
  subparagraph
  . That statement shall contain information about
  all of
  the following: | The Commission shall be empowered to adopt
  delegated
  acts in accordance with Article
  28b laying down
  the contents and form of the
  claims-history
  statement referred to in the second
  paragraph
  . That statement shall
  , as a minimum,
  contain information about the following: |
| (a) | the identity of the insurance undertaking issuing the
  claims history
  statement; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall be empowered to adopt
  implementing
  acts in accordance with Article
  28a(2) specifying
  the contents and form of the
  claims history
  statement referred to in the second
  subparagraph
  . That statement shall contain information about
  all of
  the following:

implementing

28a(2) specifying

claims history

subparagraph

all of

The Commission shall be empowered to adopt
  delegated
  acts in accordance with Article
  28b laying down
  the contents and form of the
  claims-history
  statement referred to in the second
  paragraph
  . That statement shall
  , as a minimum,
  contain information about the following:

delegated

28b laying down

claims-history

paragraph

, as a minimum,

(a)

the identity of the insurance undertaking issuing the
  claims history
  statement;

claims history

| (a) | the identity of the insurance undertaking issuing the
  claims-history
  statement; |
| --- | --- |

(a)

the identity of the insurance undertaking issuing the
  claims-history
  statement;

claims-history

| (b) | the identity of the policyholder; |
| --- | --- |

(b)

the identity of the policyholder;

| (b) | the identity of the policyholder
  , including date of birth, contact address and, where applicable, the number and date of issue of the driving licence
  ; |
| --- | --- |

(b)

the identity of the policyholder
  , including date of birth, contact address and, where applicable, the number and date of issue of the driving licence
  ;

, including date of birth, contact address and, where applicable, the number and date of issue of the driving licence

| (c) | the vehicle insured; |
| --- | --- |

(c)

the vehicle insured;

| (c) | the vehicle insured
  and its Vehicle Identification Number
  ; |
| --- | --- |

(c)

the vehicle insured
  and its Vehicle Identification Number
  ;

and its Vehicle Identification Number

| (d) | the
  period of cover
  of the vehicle
  insured: |
| --- | --- |

(d)

the
  period of cover
  of the vehicle
  insured:

period of cover

insured:

| (d) | the
  start date and date of termination of the insurance cover
  of the vehicle; |
| --- | --- |

(d)

the
  start date and date of termination of the insurance cover
  of the vehicle;

start date and date of termination of the insurance cover

| (e) | the number
  and value
  of
  the
  declared third party liability claims during the period covered by the
  claims history
  statement. |
| --- | --- |

(e)

the number
  and value
  of
  the
  declared third party liability claims during the period covered by the
  claims history
  statement.

and value

the

claims history

| (e) | the number of declared third party liability claims during the period covered by the
  claims-history
  statement
  in which the policyholder was at fault, including the date and nature of each claim, as regards damage to property or personal injury, and whether the claim is currently open or closed
  . |
| --- | --- |

(e)

the number of declared third party liability claims during the period covered by the
  claims-history
  statement
  in which the policyholder was at fault, including the date and nature of each claim, as regards damage to property or personal injury, and whether the claim is currently open or closed
  .

claims-history

in which the policyholder was at fault, including the date and nature of each claim, as regards damage to property or personal injury, and whether the claim is currently open or closed

Amendment 41

Amendment 41

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 5 — point b

Article 1 — paragraph 1 — point 5 — point b

Directive 2009/103/EC

Article 16 –paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The Commission shall consult with all relevant stakeholders before adopting those delegated acts and seek to reach a mutual agreement between stakeholders as to the content and the form of the claims-history statement. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall consult with all relevant stakeholders before adopting those delegated acts and seek to reach a mutual agreement between stakeholders as to the content and the form of the claims-history statement.

The Commission shall consult with all relevant stakeholders before adopting those delegated acts and seek to reach a mutual agreement between stakeholders as to the content and the form of the claims-history statement.

Amendment 42

Amendment 42

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 5 a (new)

Article 1 — paragraph 1 — point 5 a (new)

Directive 2009/103/EC

Article 16 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5a)
     
  The following Article is inserted: |
| | ‘Article 16a |
| | Price Comparison Tool |
| | 1.
     
  Member states shall ensure that consumers have access free of charge to at least one independent comparison tool, which enables them to compare and evaluate general prices and tariffs between providers of the compulsory insurance subject to Article 3, based on information provided by the consumers. |
| | 2.
     
  Providers of compulsory insurance shall provide competent authorities with all information requested for such a tool and shall ensure that this information is as accurate and updated as needed to ensure this accuracy. Such a tool may also include additional motor insurance coverage options beyond compulsory insurance under Article 3. |
| | 3.
     
  The comparison tool shall: |
| | (a) | be operationally independent from service providers, thereby ensuring that service providers are given equal treatment in search results; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5a)
     
  The following Article is inserted:

‘Article 16a

‘Article 16a

Price Comparison Tool

Price Comparison Tool

1.
     
  Member states shall ensure that consumers have access free of charge to at least one independent comparison tool, which enables them to compare and evaluate general prices and tariffs between providers of the compulsory insurance subject to Article 3, based on information provided by the consumers.

2.
     
  Providers of compulsory insurance shall provide competent authorities with all information requested for such a tool and shall ensure that this information is as accurate and updated as needed to ensure this accuracy. Such a tool may also include additional motor insurance coverage options beyond compulsory insurance under Article 3.

3.
     
  The comparison tool shall:

(a)

(a)

be operationally independent from service providers, thereby ensuring that service providers are given equal treatment in search results;

be operationally independent from service providers, thereby ensuring that service providers are given equal treatment in search results;

| (b) | clearly disclose their the owners and operators of the comparison tool; |
| --- | --- |

(b)

(b)

clearly disclose their the owners and operators of the comparison tool;

clearly disclose their the owners and operators of the comparison tool;

| (c) | set out clear, objective criteria on which the comparison is based; |
| --- | --- |

(c)

(c)

set out clear, objective criteria on which the comparison is based;

set out clear, objective criteria on which the comparison is based;

| (d) | use plain and unambiguous language; |
| --- | --- |

(d)

(d)

use plain and unambiguous language;

use plain and unambiguous language;

| (e) | provide accurate and up-to-date information and state the time of the last update; |
| --- | --- |

(e)

(e)

provide accurate and up-to-date information and state the time of the last update;

provide accurate and up-to-date information and state the time of the last update;

| (f) | be open to any provider of compulsory insurance making available the relevant information, and include a broad range of offers covering a significant part of the market and, where the information presented is not a complete overview of the market, a clear statement to that effect, before displaying results; |
| --- | --- |

(f)

(f)

be open to any provider of compulsory insurance making available the relevant information, and include a broad range of offers covering a significant part of the market and, where the information presented is not a complete overview of the market, a clear statement to that effect, before displaying results;

be open to any provider of compulsory insurance making available the relevant information, and include a broad range of offers covering a significant part of the market and, where the information presented is not a complete overview of the market, a clear statement to that effect, before displaying results;

| (g) | provide an effective procedure to report incorrect information. |
| --- | --- |

(g)

(g)

provide an effective procedure to report incorrect information.

provide an effective procedure to report incorrect information.

| (h) | include a statement that prices are based on the information provided and are not binding on insurance providers. |
| --- | --- |

(h)

(h)

include a statement that prices are based on the information provided and are not binding on insurance providers.

include a statement that prices are based on the information provided and are not binding on insurance providers.

4.
     
  Comparison tools fulfilling the requirements in points (a) to (h) of paragraph 3 shall, upon request by the provider of the tool, be certified by competent authorities.

5.
     
  The Commission shall be empowered to adopt a delegated act in accordance with the procedure referred to in Article 28b, supplementing this Directive by establishing the form and functions of such a comparison tool and the categories of information to be provided by insurance providers in light of the individualised nature of insurance policies.

6.
     
  Without prejudice to other Union legislation and in accordance with Article 27, Member States may provide for penalties, including fines, for comparison tool operators that mislead consumers or do not clearly disclose their ownership and whether they receive remuneration from any insurance provider.’

Amendment 43

Amendment 43

Proposal for a directive

Proposal for a directive

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

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

Directive 2009/103/EC

Article 18 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5b) | The following Article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5b)

(5b)

The following Article is inserted:

‘Article 18a

Access to accident reports

Member States shall ensure the right of the injured party to obtain a copy of the accident report from competent authorities in a timely manner. In accordance with national law, when a Member State is prevented from releasing the full accident report immediately, it shall provide to the injured party a redacted version until the full version becomes available. Any redactions to the text should be limited to those strictly necessary and required in order to comply with Union or national law.’

Amendment 44

Amendment 44

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 5 c (new) — point a (new)

Article 1 — paragraph 1 — point 5 c (new) — point a (new)

Directive 2009/103/EC

Article 23 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5c) | Article 23 is amended as follows: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5c)

(5c)

Article 23 is amended as follows:

| (a) | the following paragraph is inserted: |
| --- | --- |

(a)

(a)

the following paragraph is inserted:

the following paragraph is inserted:

| | ‘1a.
     
  Member States shall ensure that insurance undertakings are required to provide all necessary information required by the register referred to in point (a) of paragraph 1, including all registration numbers covered by an insurance policy issued by an undertaking. Member States shall also require insurance undertakings to inform the information centre when a policy becomes invalid before the policy expiration date or otherwise no longer covers a registered vehicle number.’; |
| --- | --- |

‘1a.
     
  Member States shall ensure that insurance undertakings are required to provide all necessary information required by the register referred to in point (a) of paragraph 1, including all registration numbers covered by an insurance policy issued by an undertaking. Member States shall also require insurance undertakings to inform the information centre when a policy becomes invalid before the policy expiration date or otherwise no longer covers a registered vehicle number.’;

Amendment 45

Amendment 45

Proposal for a directive

Proposal for a directive

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

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

Directive 2009/103/EC

Article 23 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (b) | the following paragraph is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

(b)

the following paragraph is inserted:

the following paragraph is inserted:

| | ‘5a.
     
  Member States shall ensure that the register referred to in point (a) of paragraph 1 is maintained and updated and is fully integrated into vehicle registration databases, and accessible to the national contact points under Directive (EU) 2015/413.’; |
| --- | --- |

‘5a.
     
  Member States shall ensure that the register referred to in point (a) of paragraph 1 is maintained and updated and is fully integrated into vehicle registration databases, and accessible to the national contact points under Directive (EU) 2015/413.’;

Amendment 46

Amendment 46

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 5 c (new) — point c (new)

Article 1 — paragraph 1 — point 5 c (new) — point c (new)

Directive 2009/103/EC

Article 23 — paragraph 6

| Present text | Amendment |
| --- | --- |
| | (c) | paragraph 6 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(c)

(c)

paragraph 6 is replaced by the following:

paragraph 6 is replaced by the following:

6.   The processing of personal data resulting from paragraphs 1 to
  5 must
  be carried out in accordance with
  national measures taken pursuant to Directive 95/46/EC
  .

| | ‘6.   The processing of personal data resulting from paragraphs 1 to
  5a shall
  be carried out in accordance with
  Regulation (EU) 2016/679
  .’. |
| --- | --- |

‘6.   The processing of personal data resulting from paragraphs 1 to
  5a shall
  be carried out in accordance with
  Regulation (EU) 2016/679
  .’.

Amendment 47

Amendment 47

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 5 d (new)

Article 1 — paragraph 1 — point 5 d (new)

Directive 2009/103/EC

Article 26 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5d) | The following Article 26a is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5d)

(5d)

The following Article 26a is inserted:

‘Article 26a

Compensation Bodies

1.
     
  Member States shall seek to ensure that the compensation bodies referred to in Articles 10, 10a and 24 are administrated as a single administrative unit covering all the functions of the different compensation bodies covered by this Directive.

2.
     
  Where a Member State does not administer these bodies as a single administrative unit, it shall notify the Commission and the other Member States of this fact and the reasons for its decision.’

Amendment 48

Amendment 48

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 5 e (new)

Article 1 — paragraph 1 — point 5 e (new)

Directive 2009/103/EC

Article 26 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5e) | The following Article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5e)

(5e)

The following Article is inserted:

‘Article 26b

‘Article 26b

Limitation period

Limitation period

1.
     
  Member States shall ensure that a limitation period of at least four years applies to actions under Articles 19 and 20(2) that relate to compensation for personal injury and damage to property resulting from a cross-border road traffic accident. The limitation period shall begin to run from the day on which the claimant became aware, or had reasonable grounds to become aware, of the extent of the injury, loss or damage, its cause and the identity of the person liable and the insurance undertaking covering this person against civil liability or the claims representative or compensation body responsible for providing compensation and against whom the claim is to be brought.

2.
     
  Member States shall ensure that where the national law applicable to the claim provides for a limitation period which is longer than four years, such longer limitation period shall apply.

3.
     
  Member States shall provide the Commission with up-to-date information on their national rules on the limitation in respect of damages caused by traffic accidents. The Commission shall make publicly available and accessible, in all official languages of the Union, a summary of the information communicated by Member States.’

Amendment 49

Amendment 49

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 5 f (new)

Article 1 — paragraph 1 — point 5 f (new)

Directive 2009/103/EC

Article 26 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5f) | The following Article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5f)

(5f)

The following Article is inserted:

‘Article 26c

‘Article 26c

Suspension of the limitation

Suspension of the limitation

1.
     
  Member States shall ensure that the limitation provided for in Article 26a is suspended during the period between submission by the claimant of his or her claim to:

| (a) | the insurance undertaking of the person who caused the accident or its claims representative referred to in Articles 21 and 22; or |
| --- | --- |

(a)

(a)

the insurance undertaking of the person who caused the accident or its claims representative referred to in Articles 21 and 22; or

the insurance undertaking of the person who caused the accident or its claims representative referred to in Articles 21 and 22; or

| (b) | the compensation body referred to in Articles 24 and 25, and the defendant’s rejection of the claim. |
| --- | --- |

(b)

(b)

the compensation body referred to in Articles 24 and 25, and the defendant’s rejection of the claim.

the compensation body referred to in Articles 24 and 25, and the defendant’s rejection of the claim.

2.
     
  Where the remaining part of the limitation period, once the period of suspension ends, is less than six months, Member States shall ensure that the claimant is granted a minimum period of six additional months to initiate court proceedings.

3.
     
  Member States shall ensure that, if a period expires on a Saturday, a Sunday or one of their public holidays, it shall be extended until the end of the first following working day.’

Amendment 50

Amendment 50

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 5 g (new)

Article 1 — paragraph 1 — point 5 g (new)

Directive 2009/103/EC

Article 26 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5 g) | The following Article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5 g)

(5 g)

The following Article is inserted:

‘Article 26d

‘Article 26d

Calculation of time limits

Calculation of time limits

Member States shall ensure that any period of time laid down by this Directive is calculated as follows:

Member States shall ensure that any period of time laid down by this Directive is calculated as follows:

| (a) | calculation shall start on the day following the day on which the relevant event occurred; |
| --- | --- |

(a)

(a)

calculation shall start on the day following the day on which the relevant event occurred;

calculation shall start on the day following the day on which the relevant event occurred;

| (b) | when a period is expressed in years, it shall expire in the relevant subsequent year in the month having the same name and on the day having the same number as the month and the day on which the said event occurred. If the relevant subsequent month has no day with the same number, the period shall expire on the last day of that month; |
| --- | --- |

(b)

(b)

when a period is expressed in years, it shall expire in the relevant subsequent year in the month having the same name and on the day having the same number as the month and the day on which the said event occurred. If the relevant subsequent month has no day with the same number, the period shall expire on the last day of that month;

when a period is expressed in years, it shall expire in the relevant subsequent year in the month having the same name and on the day having the same number as the month and the day on which the said event occurred. If the relevant subsequent month has no day with the same number, the period shall expire on the last day of that month;

| (c) | periods shall not be suspended during court recesses.’ |
| --- | --- |

(c)

(c)

periods shall not be suspended during court recesses.’

periods shall not be suspended during court recesses.’

Amendment 51

Amendment 51

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 6

Article 1 — paragraph 1 — point 6

Directive 2009/103/EC

Article 28a

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 28a | deleted |
| Committee procedure | |
| 1.
     
  The Commission shall be assisted by the European Insurance and Occupational Pensions Committee established by Commission Decision 2004/9/EC ****.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 4 of Regulation (EU) No 182/2011 shall apply. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 28a

Article 28a

deleted

deleted

Committee procedure

Committee procedure

1.
     
  The Commission shall be assisted by the European Insurance and Occupational Pensions Committee established by Commission Decision 2004/9/EC ****.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 4 of Regulation (EU) No 182/2011 shall apply.

Amendment 52

Amendment 52

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 6

Article 1 — paragraph 1 — point 6

Directive 2009/103/EC

Article 28b — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The power to adopt delegated acts referred to in
  Articles
  9(2)
  and 10a(7)
  shall be conferred on the Commission for an indeterminate period of time from
  the date referred to in Article 30
  . | 2.   The power to adopt delegated acts referred to in
  Article
  9(2) shall be conferred on the Commission for an indeterminate period of time from
  ... [the date of entry into force of this amending Directive]
  .
  The power to adopt delegated acts referred to in Articles 10a(7 g), the fifth paragraph of Article 16 and Article 16a(5) shall be conferred on the Commission for a period of five years from [the date of entry into force of this amending Directive]. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The power to adopt delegated acts referred to in
  Articles
  9(2)
  and 10a(7)
  shall be conferred on the Commission for an indeterminate period of time from
  the date referred to in Article 30
  .

2.   The power to adopt delegated acts referred to in
  Article
  9(2) shall be conferred on the Commission for an indeterminate period of time from
  ... [the date of entry into force of this amending Directive]
  .
  The power to adopt delegated acts referred to in Articles 10a(7 g), the fifth paragraph of Article 16 and Article 16a(5) shall be conferred on the Commission for a period of five years from [the date of entry into force of this amending Directive].

Amendment 53

Amendment 53

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 6

Article 1 — paragraph 1 — point 6

Directive 2009/103/EC

Article 28b — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   A delegated act adopted pursuant to
  Articles
  9(2)
  and 10a(7)
  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. | 5.   A delegated act adopted pursuant to
  Article
  9(2);
  Article 10a(7 g), the fifth paragraph of Article 16 and Article 16a(5)
  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 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

Text proposed by the Commission

Amendment

Amendment

5.   A delegated act adopted pursuant to
  Articles
  9(2)
  and 10a(7)
  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.

5.   A delegated act adopted pursuant to
  Article
  9(2);
  Article 10a(7 g), the fifth paragraph of Article 16 and Article 16a(5)
  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 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 54

Amendment 54

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 6

Article 1 — paragraph 1 — point 6

Directive 2009/103/EC

Article 28c

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 28c | Article 28c |
| Evaluation | Evaluation
  and review |
| No later than
  seven
  years after the date of transposition of this Directive,
  an evaluation of this Directive shall be carried out.
  The Commission shall
  communicate the conclusions of the evaluation accompanied by its observations
  to the European Parliament, the Council and the European Economic and Social Committee. | No later than
  five
  years after the date of transposition of this Directive, the Commission shall
  submit a report
  to the European Parliament,
  to
  the Council and
  to
  the European Economic and Social Committee
  evaluating the implementation of this Directive, in particular in respect of: |
| | (a) | its application with regard to technological developments, in particular with regard to autonomous and semi-autonomous vehicles; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 28c

Article 28c

Evaluation

Evaluation
  and review

and review

No later than
  seven
  years after the date of transposition of this Directive,
  an evaluation of this Directive shall be carried out.
  The Commission shall
  communicate the conclusions of the evaluation accompanied by its observations
  to the European Parliament, the Council and the European Economic and Social Committee.

seven

an evaluation of this Directive shall be carried out.

communicate the conclusions of the evaluation accompanied by its observations

No later than
  five
  years after the date of transposition of this Directive, the Commission shall
  submit a report
  to the European Parliament,
  to
  the Council and
  to
  the European Economic and Social Committee
  evaluating the implementation of this Directive, in particular in respect of:

five

submit a report

to

to

evaluating the implementation of this Directive, in particular in respect of:

(a)

(a)

its application with regard to technological developments, in particular with regard to autonomous and semi-autonomous vehicles;

its application with regard to technological developments, in particular with regard to autonomous and semi-autonomous vehicles;

| (b) | the adequacy of its scope, considering the accident risks posed by different motor vehicles, in view of likely changes in the market, in particular as regards high speed lightweight vehicles falling under the categories of vehicle referred to in Article 2, paragraph 2, point h), i), j), k) of Regulation (EU) No 168/2013, such as eBikes, segways or electric scooters, and whether the liability system it provides is likely to satisfy future needs; |
| --- | --- |

(b)

(b)

the adequacy of its scope, considering the accident risks posed by different motor vehicles, in view of likely changes in the market, in particular as regards high speed lightweight vehicles falling under the categories of vehicle referred to in Article 2, paragraph 2, point h), i), j), k) of Regulation (EU) No 168/2013, such as eBikes, segways or electric scooters, and whether the liability system it provides is likely to satisfy future needs;

the adequacy of its scope, considering the accident risks posed by different motor vehicles, in view of likely changes in the market, in particular as regards high speed lightweight vehicles falling under the categories of vehicle referred to in Article 2, paragraph 2, point h), i), j), k) of Regulation (EU) No 168/2013, such as eBikes, segways or electric scooters, and whether the liability system it provides is likely to satisfy future needs;

| (c) | the encouragement of insurance undertakings to include a bonus-malus system in their insurance contracts, including discounts by way of a ‘no claims bonus’, in which premiums are influenced by the policyholders’ claims-history statement. |
| --- | --- |

(c)

(c)

the encouragement of insurance undertakings to include a bonus-malus system in their insurance contracts, including discounts by way of a ‘no claims bonus’, in which premiums are influenced by the policyholders’ claims-history statement.

the encouragement of insurance undertakings to include a bonus-malus system in their insurance contracts, including discounts by way of a ‘no claims bonus’, in which premiums are influenced by the policyholders’ claims-history statement.

That report shall be accompanied by the observations of the Commission and, where appropriate, by a legislative proposal.

That report shall be accompanied by the observations of the Commission and, where appropriate, by a legislative proposal.

---

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0035/2019).

1

(15)  Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (OJ L 263, 7.10.2009, p. 11).

15

(15)  Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (OJ L 263, 7.10.2009, p. 11).

15

(20)  
  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).

20

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).

(1a)  

  OJ L 123, 12.5.2016, p. 1

  .

1a

OJ L 123, 12.5.2016, p. 1

(*)  
  Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).

*

Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).

(**)  
  Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1).

**

Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1).

(***)  
  Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52).’

***

Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52).’

(*1)  
  Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating cross-border exchange of information on road-safety-related traffic offences (OJ L 68, 13.3.2015, p. 9)

*1

Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating cross-border exchange of information on road-safety-related traffic offences (OJ L 68, 13.3.2015, p. 9)

(*2)  
  Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12).

*2

Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12).

(*)  
  Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).

*

Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).

(***)  
  Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).

***

Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).

(*)  
  Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).
  ’

*

Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).

---

Thursday 14 February 2019

| 23.12.2020 | EN | Official Journal of the European Union | C 449/619 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/619

---

P8_TA(2019)0118

Mechanism to resolve legal and administrative obstacles in a cross-border context ***I

European Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council on a mechanism to resolve legal and administrative obstacles in a cross-border context (COM(2018)0373 — C8-0228/2018 — 2018/0198(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/64)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2018)0373), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2018)0373),

| — | having regard to Article 294(2) and third paragraph of Article 175 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0228/2018), |
| --- | --- |

—

having regard to Article 294(2) and third paragraph of Article 175 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0228/2018),

| — | 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 19 September 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 19 September 2018 (1),

| — | having regard to the opinion of the Committee of the Regions of 5 December 2018 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 5 December 2018 (2),

| — | 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 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Development and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0414/2018), |
| --- | --- |

—

having regard to the report of the Committee on Regional Development and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0414/2018),

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

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

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

3.

---

(1)  OJ C 440, 6.12.2018, p. 124.

(2)  OJ C ...

---

P8_TC1-COD(2018)0198

Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on a mechanism to resolve legal and administrative obstacles in a cross-border context

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 the third paragraph of Article 175 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),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | The third paragraph of Article 175 of the Treaty on the Functioning of the European Union (TFEU) provides for specific actions to be decided upon outside the Funds which are the subject of the first paragraph of that Article, in order to achieve the objective of social and economic cohesion envisaged by the TFEU. The harmonious development of the entire Union territory and greater economic, social and territorial cohesion imply the strengthening of territorial cooperation. To this end it is appropriate to adopt the measures necessary to improve the implementation conditions for actions of territorial cooperation. |
| --- | --- |

(1)

The third paragraph of Article 175 of the Treaty on the Functioning of the European Union (TFEU) provides for specific actions to be decided upon outside the Funds which are the subject of the first paragraph of that Article, in order to achieve the objective of social and economic cohesion envisaged by the TFEU. The harmonious development of the entire Union territory and greater economic, social and territorial cohesion imply the strengthening of territorial cooperation. To this end it is appropriate to adopt the measures necessary to improve the implementation conditions for actions of territorial cooperation.

| (2) | Article 174 TFEU recognises the challenges faced by border regions and provides that the Union should pay particular attention to these regions, when developing and pursuing actions leading to the strengthening of the Union’s economic, social and territorial cohesion. Due to the increase in the number of land and maritime borders, the Union and its immediate neighbours in the European Free Trade Association (‘EFTA’) have 40 internal land borders. |
| --- | --- |

(2)

Article 174 TFEU recognises the challenges faced by border regions and provides that the Union should pay particular attention to these regions, when developing and pursuing actions leading to the strengthening of the Union’s economic, social and territorial cohesion. Due to the increase in the number of land and maritime borders, the Union and its immediate neighbours in the European Free Trade Association (‘EFTA’) have 40 internal land borders.

| (2a) | To improve the life of citizens in cross-border regions on maritime borders or in cross-border regions between the Member States and third countries, the application of this Regulation and the use of a mechanism to resolve legal and administrative obstacles should be extended to all border regions of the Union, while respecting Union law. [Am. 1] |
| --- | --- |

(2a)

To improve the life of citizens in cross-border regions on maritime borders or in cross-border regions between the Member States and third countries, the application of this Regulation and the use of a mechanism to resolve legal and administrative obstacles should be extended to all border regions of the Union, while respecting Union law. [Am. 1]

| (3) | In its Communication ‘Boosting growth and cohesion in EU border regions’ (4) (‘the Border Regions Communication’) the Commission sets out that over the past decades, the European integration process has helped internal border regions to transform from mainly peripheral areas into areas of growth and opportunities. The completion of the Single Market in 1992 has boosted Union productivity and reduced costs through the abolition of customs formalities, harmonisation or mutual recognition of technical rules and lower prices as a result of competition; intra-EU trade has increased by 15 % over 10 years; additional growth has been generated and around 2,5 million more jobs have been created. |
| --- | --- |

(3)

In its Communication ‘Boosting growth and cohesion in EU border regions’ (4) (‘the Border Regions Communication’) the Commission sets out that over the past decades, the European integration process has helped internal border regions to transform from mainly peripheral areas into areas of growth and opportunities. The completion of the Single Market in 1992 has boosted Union productivity and reduced costs through the abolition of customs formalities, harmonisation or mutual recognition of technical rules and lower prices as a result of competition; intra-EU trade has increased by 15 % over 10 years; additional growth has been generated and around 2,5 million more jobs have been created.

| (4) | The Border Regions Communication has also given evidence of the fact that there still exist a number of legal barriers in border regions, especially those related to health services, labour regulation, taxes, business development, and barriers linked to differences in administrative cultures and national legal frameworks. Neither European Territorial Cooperation funding nor the institutional support to cooperation by the European groupings of territorial cooperation (EGTCs) is sufficient alone to address the resolution of those barriers which constitute real obstacles to effective cooperation. |
| --- | --- |

(4)

The Border Regions Communication has also given evidence of the fact that there still exist a number of legal barriers in border regions, especially those related to health services, labour regulation, taxes, business development, and barriers linked to differences in administrative cultures and national legal frameworks. Neither European Territorial Cooperation funding nor the institutional support to cooperation by the European groupings of territorial cooperation (EGTCs) is sufficient alone to address the resolution of those barriers which constitute real obstacles to effective cooperation.

| (5) | Since 1990, programmes under the European Territorial Cooperation goal, better known as ‘Interreg’ (5) have supported cross-border cooperation programmes along Union border regions, including those with EFTA countries. It has financed thousands of projects and initiatives that have helped improve European integration. The main achievements of Interreg programmes include: increased trust, higher connectivity, improved environment, better health and economic growth. From people-to-people projects via infrastructure investments and support to institutional cooperation initiatives, Interreg has made a genuine difference to border regions and has contributed to their transformation. Interreg has also supported cooperation on certain maritime borders. However, legal obstacles are much less an issue for maritime border regions because of the physical impossibility to cross the border daily or several times per week for work, education and training, shopping, the use of facilities and services of general economic interest or a combination or for rapid emergency interventions. |
| --- | --- |

(5)

Since 1990, programmes under the European Territorial Cooperation goal, better known as ‘Interreg’ (5) have supported cross-border cooperation programmes along Union border regions, including those with EFTA countries. It has financed thousands of projects and initiatives that have helped improve European integration. The main achievements of Interreg programmes include: increased trust, higher connectivity, improved environment, better health and economic growth. From people-to-people projects via infrastructure investments and support to institutional cooperation initiatives, Interreg has made a genuine difference to border regions and has contributed to their transformation. Interreg has also supported cooperation on certain maritime borders. However, legal obstacles are much less an issue for maritime border regions because of the physical impossibility to cross the border daily or several times per week for work, education and training, shopping, the use of facilities and services of general economic interest or a combination or for rapid emergency interventions.

| (6) | Financial support by Interreg to cross-border cooperation has been complemented by the EGTCs, set up since 2006 under Regulation (EU) No 1082/2006 of the European Parliament and of the Council (6). However, pursuant to the first subparagraph of Article 7(4) of Regulation (EC) No 1082/2006, EGTCs cannot exercise regulatory powers to resolve legal and administrative obstacles in cross-border context. |
| --- | --- |

(6)

Financial support by Interreg to cross-border cooperation has been complemented by the EGTCs, set up since 2006 under Regulation (EU) No 1082/2006 of the European Parliament and of the Council (6). However, pursuant to the first subparagraph of Article 7(4) of Regulation (EC) No 1082/2006, EGTCs cannot exercise regulatory powers to resolve legal and administrative obstacles in cross-border context.

| (7) | In its Border Regions Communication, the Commission referred among other measures to an initiative started under the Luxembourg Presidency in 2015: A number of Member States are considering the merits of a new instrument to simplify cross-border projects by making it possible, on a voluntary basis and agreed by the competent authorities in charge, for the rules of one Member State to apply in the neighbouring Member State. This would apply to an individual project or action limited in time, located within a border region and initiated by local or regional authorities. |
| --- | --- |

(7)

In its Border Regions Communication, the Commission referred among other measures to an initiative started under the Luxembourg Presidency in 2015: A number of Member States are considering the merits of a new instrument to simplify cross-border projects by making it possible, on a voluntary basis and agreed by the competent authorities in charge, for the rules of one Member State to apply in the neighbouring Member State. This would apply to an individual project or action limited in time, located within a border region and initiated by local or regional authorities.

| (8) | Even though a number of effective mechanisms for cross-border cooperation already exist at inter-governmental, regional and local level in certain regions of the Union, they do not cover all border regions in the Union. In order to complement the existing systems, it is therefore necessary to set up a voluntary mechanism to resolve legal and administrative obstacles in all border regions (‘the Mechanism’)
  , but this does not prevent the creation of alternative comparable mechanisms according to specific needs at national, regional or local level
  . [Am. 2] |
| --- | --- |

(8)

Even though a number of effective mechanisms for cross-border cooperation already exist at inter-governmental, regional and local level in certain regions of the Union, they do not cover all border regions in the Union. In order to complement the existing systems, it is therefore necessary to set up a voluntary mechanism to resolve legal and administrative obstacles in all border regions (‘the Mechanism’)
  , but this does not prevent the creation of alternative comparable mechanisms according to specific needs at national, regional or local level
  . [Am. 2]

| (9) | In full respect of the constitutional and institutional set-up of the Member States, the use of the Mechanism should be

  is
  voluntary with regard to those border regions of a given Member State where another effective mechanism exists or could be set up with the neighbouring Member State. It should consist of two measures: the signature and the conclusion of a European Cross-Border Commitment (the ‘Commitment’) or the signature of a European Cross-Border Statement (the ‘Statement’).
  It should be possible for Member States to choose using an instrument which they consider to be more beneficial. [Am. 3] |
| --- | --- |

(9)

In full respect of the constitutional and institutional set-up of the Member States, the use of the Mechanism should be

  is
  voluntary with regard to those border regions of a given Member State where another effective mechanism exists or could be set up with the neighbouring Member State. It should consist of two measures: the signature and the conclusion of a European Cross-Border Commitment (the ‘Commitment’) or the signature of a European Cross-Border Statement (the ‘Statement’).
  It should be possible for Member States to choose using an instrument which they consider to be more beneficial. [Am. 3]

| (9a) | The competent authorities of the Member States, countries, entities or regions involved should adopt, in accordance with their constitutional and legally defined specific competencies, the proposed ad hoc legal solution before concluding and signing the Commitment or signing the Statement pursuant to this Regulation. [Am. 4] |
| --- | --- |

(9a)

The competent authorities of the Member States, countries, entities or regions involved should adopt, in accordance with their constitutional and legally defined specific competencies, the proposed ad hoc legal solution before concluding and signing the Commitment or signing the Statement pursuant to this Regulation. [Am. 4]

| (10) | The Commitment should be self-executing, meaning that pursuant to the conclusion of the Commitment certain legal provisions of one Member State are to be applied on the territory of the neighbouring Member State. It should also be acceptable that the Member States are to adopt a legislative act to allow for the conclusion of a Commitment, in order to prevent national legislation formally adopted by a legislative body from being derogated from by an authority other than that legislative body and in breach of legal clarity and transparency or both. |
| --- | --- |

(10)

The Commitment should be self-executing, meaning that pursuant to the conclusion of the Commitment certain legal provisions of one Member State are to be applied on the territory of the neighbouring Member State. It should also be acceptable that the Member States are to adopt a legislative act to allow for the conclusion of a Commitment, in order to prevent national legislation formally adopted by a legislative body from being derogated from by an authority other than that legislative body and in breach of legal clarity and transparency or both.

| (11) | The Statement would still require a legislative procedure in the Member State. The authority concluding the Statement should make a formal statement that it will trigger by a certain deadline the legislative procedure necessary to amend the normally applicable national law and to apply, by way of an explicit derogation, the law of a neighbouring Member State
  , in order to remove obstacles to the implementation of joint cross-border projects
  . [Am. 5] |
| --- | --- |

(11)

The Statement would still require a legislative procedure in the Member State. The authority concluding the Statement should make a formal statement that it will trigger by a certain deadline the legislative procedure necessary to amend the normally applicable national law and to apply, by way of an explicit derogation, the law of a neighbouring Member State
  , in order to remove obstacles to the implementation of joint cross-border projects
  . [Am. 5]

| (12) | Legal obstacles are predominantly felt by persons interacting on land borders,
  such as cross-border workers
  , because people cross borders on a daily or weekly basis. In order to concentrate the effect of this Regulation to the regions closest to the border and with the highest degree of integration and interaction between neighbouring Member States, this Regulation should apply to cross-border regions within the meaning of the territory covered by neighbouring land
  or maritime
  border regions in two or more Member States at NUTS level 3 regions (7). This should not prevent Member States from applying the Mechanism also to maritime and external borders other than those with EFTA countries
  , on a voluntary basis in relation to all parties concerned
  . [Am. 6] |
| --- | --- |

(12)

Legal obstacles are predominantly felt by persons interacting on land borders,
  such as cross-border workers
  , because people cross borders on a daily or weekly basis. In order to concentrate the effect of this Regulation to the regions closest to the border and with the highest degree of integration and interaction between neighbouring Member States, this Regulation should apply to cross-border regions within the meaning of the territory covered by neighbouring land
  or maritime
  border regions in two or more Member States at NUTS level 3 regions (7). This should not prevent Member States from applying the Mechanism also to maritime and external borders other than those with EFTA countries
  , on a voluntary basis in relation to all parties concerned
  . [Am. 6]

| (13) | In order to coordinate the tasks of different authorities which in some Member States will include national and regional legislative bodies, within a given Member State and between those of one or more neighbouring Member States, each Member State which opts for the Mechanism should be obliged to set up a national and, where applicable

  appropriate
  , regional Cross-border Coordination Points and define their tasks and competencies during the different steps of the Mechanism covering initiation, conclusion, implementation and monitoring of Commitments and Statements. [Am. 7] |
| --- | --- |

(13)

In order to coordinate the tasks of different authorities which in some Member States will include national and regional legislative bodies, within a given Member State and between those of one or more neighbouring Member States, each Member State which opts for the Mechanism should be obliged to set up a national and, where applicable

  appropriate
  , regional Cross-border Coordination Points and define their tasks and competencies during the different steps of the Mechanism covering initiation, conclusion, implementation and monitoring of Commitments and Statements. [Am. 7]

| (14) | The Commission should set up a coordination point at Union level, as announced in the Border Regions Communication. That coordination point should liaise with the different national and, where relevant, regional Cross-border Coordination Points. The Commission should set up and maintain a database on Commitments and Statements in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (8). |
| --- | --- |

(14)

The Commission should set up a coordination point at Union level, as announced in the Border Regions Communication. That coordination point should liaise with the different national and, where relevant, regional Cross-border Coordination Points. The Commission should set up and maintain a database on Commitments and Statements in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (8).

| (15) | This Regulation should set out the procedure to conclude a Commitment or Statement and describe in detail the different steps; preparation and submission of an initiative document, a preliminary analysis by the Member State which is to apply the legal provisions of the neighbouring Member State, preparation of the Commitment or Statement to be concluded and finally the conclusion procedure both for the Commitment and the Statement. The elements to be covered in the initiative document, the draft and final Commitments and Statements should also be set out in detail as well as the applicable deadlines. |
| --- | --- |

(15)

This Regulation should set out the procedure to conclude a Commitment or Statement and describe in detail the different steps; preparation and submission of an initiative document, a preliminary analysis by the Member State which is to apply the legal provisions of the neighbouring Member State, preparation of the Commitment or Statement to be concluded and finally the conclusion procedure both for the Commitment and the Statement. The elements to be covered in the initiative document, the draft and final Commitments and Statements should also be set out in detail as well as the applicable deadlines.

| (16) | More specifically, this Regulation should define who can be an initiator of a joint project. As the Mechanism should improve the implementation of joint cross-border projects, the first group should be bodies initiating or both initiating and implementing such joint project. The term project should be understood in a broad sense, covering both a specific item of infrastructure or a number of activities with regard to a certain territory or both. Secondly, a local or regional authority located in a given cross-border region or exercising public power in that cross-border region should be empowered to take the initiative to apply national law which constitutes an obstacle, but the amendment of or derogation from that law is outside their institutional competence. Thirdly, bodies set up for cross-border cooperation located in or covering at least partially a given cross-border region, including EGTCs, or similar bodies to organise cross-border development in a structured way should be initiator. Finally, bodies specialised in cross-border cooperation which may also be aware of effective resolutions found elsewhere in the Union for a comparable issue should also be enabled to start an initiative. In order to create synergy of bodies directly affected by the obstacle and those expert in cross-border cooperation in general, all groups may initiate the Mechanism jointly. |
| --- | --- |

(16)

More specifically, this Regulation should define who can be an initiator of a joint project. As the Mechanism should improve the implementation of joint cross-border projects, the first group should be bodies initiating or both initiating and implementing such joint project. The term project should be understood in a broad sense, covering both a specific item of infrastructure or a number of activities with regard to a certain territory or both. Secondly, a local or regional authority located in a given cross-border region or exercising public power in that cross-border region should be empowered to take the initiative to apply national law which constitutes an obstacle, but the amendment of or derogation from that law is outside their institutional competence. Thirdly, bodies set up for cross-border cooperation located in or covering at least partially a given cross-border region, including EGTCs, or similar bodies to organise cross-border development in a structured way should be initiator. Finally, bodies specialised in cross-border cooperation which may also be aware of effective resolutions found elsewhere in the Union for a comparable issue should also be enabled to start an initiative. In order to create synergy of bodies directly affected by the obstacle and those expert in cross-border cooperation in general, all groups may initiate the Mechanism jointly.

| (17) | The key actor in the Member States requested to conclude a Commitment or Statement should be the respective national or regional Cross-border Coordination Point which is to liaise with all competent authorities in its Member State and with its counterpart in the neighbouring Member State. It should also be clearly established that the Cross-border Coordination Point may decide whether a procedure leading to the conclusion of a Commitment or a Statement is to be launched or whether for one or more legal obstacles a resolution has already found which could be applied. On the other hand, it should also be established that the Member State the legal provisions of which are to be applied in the other Member State may refuse such application outside its territory. Any decision should be
  duly
  justified and communicated
  in due time to all the partners
  . [Am. 8] |
| --- | --- |

(17)

The key actor in the Member States requested to conclude a Commitment or Statement should be the respective national or regional Cross-border Coordination Point which is to liaise with all competent authorities in its Member State and with its counterpart in the neighbouring Member State. It should also be clearly established that the Cross-border Coordination Point may decide whether a procedure leading to the conclusion of a Commitment or a Statement is to be launched or whether for one or more legal obstacles a resolution has already found which could be applied. On the other hand, it should also be established that the Member State the legal provisions of which are to be applied in the other Member State may refuse such application outside its territory. Any decision should be
  duly
  justified and communicated
  in due time to all the partners
  . [Am. 8]

| (18) | This Regulation should establish detailed rules on the implementation, application and monitoring of Commitments and Statements to be concluded and signed. |
| --- | --- |

(18)

This Regulation should establish detailed rules on the implementation, application and monitoring of Commitments and Statements to be concluded and signed.

| (19) | The implementation of a self-executing Commitment should consist in the application of national provisions of another Member State
  when implementing joint projects
  . This should mean either the amendment of legally binding administrative acts already adopted in accordance with the normally applicable national law or, where this has not yet been done, the adoption of new administrative acts based on the legislation of another Member State
  within a deadline agreed by all the partners in order to be able to launch joint projects in due time
  . Where several authorities are each competent for different aspects of a complex legal obstacle, the Commitment should be accompanied by a timetable for each of these aspects. Respecting the subsidiarity principle, the adoption and transmission of those amended or new administrative acts should follow the national law on administrative procedures. [Am. 9] |
| --- | --- |

(19)

The implementation of a self-executing Commitment should consist in the application of national provisions of another Member State
  when implementing joint projects
  . This should mean either the amendment of legally binding administrative acts already adopted in accordance with the normally applicable national law or, where this has not yet been done, the adoption of new administrative acts based on the legislation of another Member State
  within a deadline agreed by all the partners in order to be able to launch joint projects in due time
  . Where several authorities are each competent for different aspects of a complex legal obstacle, the Commitment should be accompanied by a timetable for each of these aspects. Respecting the subsidiarity principle, the adoption and transmission of those amended or new administrative acts should follow the national law on administrative procedures. [Am. 9]

| (20) | The implementation of Statements should mainly consist in the preparation and submission of a legislative proposal to amend existing national law or to derogate from it. After adoption, those amendments or derogations should be made public and then also implemented like the Commitments by the amendment and adoption of legally binding administrative acts. |
| --- | --- |

(20)

The implementation of Statements should mainly consist in the preparation and submission of a legislative proposal to amend existing national law or to derogate from it. After adoption, those amendments or derogations should be made public and then also implemented like the Commitments by the amendment and adoption of legally binding administrative acts.

| (21) | Based on the legally binding acts, the respect for the obligations and rights of the addressees thereof should be monitored. Member States should be allowed to decide whether that monitoring is entrusted to the authorities of the Member State which transferred its legal provisions because those authorities are more familiar with those rules or whether that monitoring is entrusted to the authorities of the Member State where those provisions are applied because those authorities are more familiar with the remaining legal system of the committing Member States and the law governing the addressees. |
| --- | --- |

(21)

Based on the legally binding acts, the respect for the obligations and rights of the addressees thereof should be monitored. Member States should be allowed to decide whether that monitoring is entrusted to the authorities of the Member State which transferred its legal provisions because those authorities are more familiar with those rules or whether that monitoring is entrusted to the authorities of the Member State where those provisions are applied because those authorities are more familiar with the remaining legal system of the committing Member States and the law governing the addressees.

| (22) | The protection of persons resident in cross-border regions directly or indirectly affected by the application and monitoring of a Commitment and the amended legislation pursuant to a Statement, who consider themselves wronged by acts or omissions by the application should be clarified. Both for Commitment and Statement, the law of the neighbouring Member State would be applied in the committing Member State as incorporated into its own legislation and the legal protection should therefore be in the remit of the courts of the committing Member States even where persons have their legal residence in the transferring Member State. The same principle should apply for the legal redress against the Member State whose administrative act is challenged. However, a different approach should apply to legal redress against the monitoring of the application of the Commitment or Statement. Where an authority from the transferring Member State has accepted to monitor the application of the amended legal provisions of the committing Member State and can act with regard to persons resident in the cross-border area on behalf of the authorities of the committing Member State, but in its own name, the competent courts should be those of the Member State where those persons have their legal residence. On the other hand, where the competent transferring authority cannot act in its own name, but in the name of the competent committing authority, the competent courts should be those of the committing Member State, regardless of the legal residence of the person. |
| --- | --- |

(22)

The protection of persons resident in cross-border regions directly or indirectly affected by the application and monitoring of a Commitment and the amended legislation pursuant to a Statement, who consider themselves wronged by acts or omissions by the application should be clarified. Both for Commitment and Statement, the law of the neighbouring Member State would be applied in the committing Member State as incorporated into its own legislation and the legal protection should therefore be in the remit of the courts of the committing Member States even where persons have their legal residence in the transferring Member State. The same principle should apply for the legal redress against the Member State whose administrative act is challenged. However, a different approach should apply to legal redress against the monitoring of the application of the Commitment or Statement. Where an authority from the transferring Member State has accepted to monitor the application of the amended legal provisions of the committing Member State and can act with regard to persons resident in the cross-border area on behalf of the authorities of the committing Member State, but in its own name, the competent courts should be those of the Member State where those persons have their legal residence. On the other hand, where the competent transferring authority cannot act in its own name, but in the name of the competent committing authority, the competent courts should be those of the committing Member State, regardless of the legal residence of the person.

| (23) | This Regulation should set out rules on its implementation, the monitoring of its application and on the obligations of the Member States with regard to their national implementing rules. |
| --- | --- |

(23)

This Regulation should set out rules on its implementation, the monitoring of its application and on the obligations of the Member States with regard to their national implementing rules.

| (24) | In order to establish a database according to Article 8

  7
  , implementing powers should be conferred on the Commission to lay down rules on its running, on the protection of data and the model to be used when information on the implementation and on the use of the Mechanism is submitted by Cross-border Coordination Points. Those powers should be exercised in accordance with the advisory procedure under Regulation (EU) No 182/2011 of the European Parliament and of the Council (9). For practical and coordination purposes, the ‘Coordination Committee for the European Structural and Investment Funds’ should be the committee competent for the procedure of adoption of implementing acts. [Am. 10] |
| --- | --- |

(24)

In order to establish a database according to Article 8

  7
  , implementing powers should be conferred on the Commission to lay down rules on its running, on the protection of data and the model to be used when information on the implementation and on the use of the Mechanism is submitted by Cross-border Coordination Points. Those powers should be exercised in accordance with the advisory procedure under Regulation (EU) No 182/2011 of the European Parliament and of the Council (9). For practical and coordination purposes, the ‘Coordination Committee for the European Structural and Investment Funds’ should be the committee competent for the procedure of adoption of implementing acts. [Am. 10]

| (25) | The national implementing rules are to specify which border regions of a given Member State are covered by the Commitment or the Statement. Consequently, the Commission will be in a position to assess whether for the border which is not mentioned the Member State has opted for a different mechanism.
  [Am. 11] |
| --- | --- |

(25)

The national implementing rules are to specify which border regions of a given Member State are covered by the Commitment or the Statement. Consequently, the Commission will be in a position to assess whether for the border which is not mentioned the Member State has opted for a different mechanism.
  [Am. 11]

| (26) | This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data (Article 8), the right to education (Article 14), the freedom to choose an occupation and the right to engage in work (Article 15), in particular the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State, the freedom to conduct business (Article 16), access to social security and social assistance (Article 34), access to health care (Article 35), and access to services of general economic interest (Article 36)
  and a high level of environmental protection in accordance with the principle of sustainable development (Article 37)
  . [Am. 12] |
| --- | --- |

(26)

This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data (Article 8), the right to education (Article 14), the freedom to choose an occupation and the right to engage in work (Article 15), in particular the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State, the freedom to conduct business (Article 16), access to social security and social assistance (Article 34), access to health care (Article 35), and access to services of general economic interest (Article 36)
  and a high level of environmental protection in accordance with the principle of sustainable development (Article 37)
  . [Am. 12]

| (27) | The conditions for territorial cooperation should be created in accordance with the subsidiarity principle enshrined in Article 5(3) of the Treaty on European Union (TEU). Member States have undertaken individual, bilateral or even multilateral initiatives to resolve legal border obstacles. However, those mechanisms do not exist in all Member States or not for all borders of a given Member State. The financing instruments (mainly Interreg) and the legal instruments (mainly EGTCs) provided at Union level so far have not been sufficient to resolve legal border obstacles throughout the Union. The objectives of the proposed action can consequently not be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level. Further action by the Union legislator is therefore needed. |
| --- | --- |

(27)

The conditions for territorial cooperation should be created in accordance with the subsidiarity principle enshrined in Article 5(3) of the Treaty on European Union (TEU). Member States have undertaken individual, bilateral or even multilateral initiatives to resolve legal border obstacles. However, those mechanisms do not exist in all Member States or not for all borders of a given Member State. The financing instruments (mainly Interreg) and the legal instruments (mainly EGTCs) provided at Union level so far have not been sufficient to resolve legal border obstacles throughout the Union. The objectives of the proposed action can consequently not be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level. Further action by the Union legislator is therefore needed.

| (28) | In accordance with the principle of proportionality, as set out in Article 5(4) TEU, the content and form of Union action should not exceed what is necessary to achieve the objectives of the Treaties. The recourse to the specific Mechanism set up under this Regulation
  to resolve legal obstacles in cross-border regions
  is voluntary
  and in no way precludes the use of alternative comparable instruments
  . Where a Member State decides, on

  for
  a specific border

  joint project
  with one or more neighbouring Member States, to continue to resolve legal obstacles in a specific cross-border region under the effective mechanisms it has set up at national level or which it has set up formally or informally, together with one or more neighbouring Member States, the Mechanism set up under this Regulation does not need to be selected. Likewise, where a Member State decides, on

  for
  a specific border

  joint project
  with one or more neighbouring Member States, to join an existing effective mechanism set up formally or informally by one or more neighbouring Member States, provided that mechanism allows for accession, again
  , the Mechanism set up under this Regulation does not need to be selected. Finally, where a Member State decides together with one or more neighbouring Member States, to set up formally or informally a new effective mechanism to resolve legal obstacles hampering the implementation of a joint project in cross-border regions
  , the Mechanism set up under this Regulation does not need to be selected. This Regulation does therefore not go beyond what is necessary in order to achieve its objectives for those cross-border regions, for which Member States have no efficient mechanisms to resolve legal obstacles in place. [Am. 13] |
| --- | --- |

(28)

In accordance with the principle of proportionality, as set out in Article 5(4) TEU, the content and form of Union action should not exceed what is necessary to achieve the objectives of the Treaties. The recourse to the specific Mechanism set up under this Regulation
  to resolve legal obstacles in cross-border regions
  is voluntary
  and in no way precludes the use of alternative comparable instruments
  . Where a Member State decides, on

  for
  a specific border

  joint project
  with one or more neighbouring Member States, to continue to resolve legal obstacles in a specific cross-border region under the effective mechanisms it has set up at national level or which it has set up formally or informally, together with one or more neighbouring Member States, the Mechanism set up under this Regulation does not need to be selected. Likewise, where a Member State decides, on

  for
  a specific border

  joint project
  with one or more neighbouring Member States, to join an existing effective mechanism set up formally or informally by one or more neighbouring Member States, provided that mechanism allows for accession, again
  , the Mechanism set up under this Regulation does not need to be selected. Finally, where a Member State decides together with one or more neighbouring Member States, to set up formally or informally a new effective mechanism to resolve legal obstacles hampering the implementation of a joint project in cross-border regions
  , the Mechanism set up under this Regulation does not need to be selected. This Regulation does therefore not go beyond what is necessary in order to achieve its objectives for those cross-border regions, for which Member States have no efficient mechanisms to resolve legal obstacles in place. [Am. 13]

| (28a) | This Regulation should comply with the subsidiarity principle. It does not affect, by any means, the sovereignty of Member States nor contradict their constitutions. [Am. 14] |
| --- | --- |

(28a)

This Regulation should comply with the subsidiarity principle. It does not affect, by any means, the sovereignty of Member States nor contradict their constitutions. [Am. 14]

HAVE ADOPTED THIS REGULATION:

CHAPTER I

General provisions

Article 1

Subject matter

1.   This Regulation sets up a 
  voluntary
  mechanism to allow for the application in one Member State, with regard to
  a single joint project in
  a cross-border region, of the legal provisions from another Member State, where the application of the legal provisions of the former would constitute a

  one or more
  legal obstacle

  obstacles
  hampering the implementation of a joint Project (‘the Mechanism’). [Am. 15]

2.   The Mechanism shall consist of one of the following measures:

| (a) | the conclusion of a European Cross-Border Commitment, which is self-executing, |
| --- | --- |

(a)

the conclusion of a European Cross-Border Commitment, which is self-executing,

| (b) | the conclusion of a European Cross-Border Statement which would require a legislative procedure in the Member State. |
| --- | --- |

(b)

the conclusion of a European Cross-Border Statement which would require a legislative procedure in the Member State.

3.   This Regulation also lays down

| (a) | the organisation and tasks of Cross-border Coordination Points in the Member States, |
| --- | --- |

(a)

the organisation and tasks of Cross-border Coordination Points in the Member States,

| (b) | the coordinating role of the Commission with respect to the Mechanism, |
| --- | --- |

(b)

the coordinating role of the Commission with respect to the Mechanism,

| (c) | the legal protection of persons resident in a cross-border region
  or those who live there for a limited period
  with regard to the Mechanism. [Am. 16] |
| --- | --- |

(c)

the legal protection of persons resident in a cross-border region
  or those who live there for a limited period
  with regard to the Mechanism. [Am. 16]

Article 2

Scope

1.   This Regulation applies to cross-border regions as defined in point (1) of Article 3.

2.   Where a Member State comprises several territorial entities with legislative powers, this Regulation shall also apply to those territorial entities including their respective authorities or legal provisions.

Article 3

Definitions

For the purposes of this Regulation, the following definitions shall apply:

| (1) | ‘cross-border region’ means the territory covered by neighbouring land
  or maritime
  border regions in two or more Member States at NUTS level 3 regions; [Am. 17] |
| --- | --- |

(1)

‘cross-border region’ means the territory covered by neighbouring land
  or maritime
  border regions in two or more Member States at NUTS level 3 regions; [Am. 17]

| (2) | ‘joint project’ means any item of infrastructure with an impact in a given cross-border region or any service of general economic interest provided in a given cross-border region
  , regardless of whether this impact appears on both sides of the border or only on one side thereof
  ; [Am. 18] |
| --- | --- |

(2)

‘joint project’ means any item of infrastructure with an impact in a given cross-border region or any service of general economic interest provided in a given cross-border region
  , regardless of whether this impact appears on both sides of the border or only on one side thereof
  ; [Am. 18]

| (3) | ‘legal provision’ means any legal or administrative provision, rule or administrative practice applicable to a joint project, regardless whether adopted or implemented by a legislative or executive body; |
| --- | --- |

(3)

‘legal provision’ means any legal or administrative provision, rule or administrative practice applicable to a joint project, regardless whether adopted or implemented by a legislative or executive body;

| (4) | ‘legal obstacle’ means any legal provision with regard to the planning, development, staffing, financing or functioning of a joint project that obstructs the inherent potential of a border region when interacting across the border; |
| --- | --- |

(4)

‘legal obstacle’ means any legal provision with regard to the planning, development, staffing, financing or functioning of a joint project that obstructs the inherent potential of a border region when interacting across the border;

| (5) | ‘initiator’ means the actor who identifies the

  one or more
  legal obstacle

  obstacles
  and triggers the Mechanism by submitting an initiative document; [Am. 19] |
| --- | --- |

(5)

‘initiator’ means the actor who identifies the

  one or more
  legal obstacle

  obstacles
  and triggers the Mechanism by submitting an initiative document; [Am. 19]

| (6) | ‘initiative document’ means the document prepared by one or more initiators to trigger the Mechanism; |
| --- | --- |

(6)

‘initiative document’ means the document prepared by one or more initiators to trigger the Mechanism;

| (7) | ‘committing Member State’ means the Member State on the territory of which one or more legal provisions from a transferring Member State will apply under a given European Cross-border Commitment (the ‘Commitment’) or European Cross-border Statement (the ‘Statement’) or where, in the absence of an appropriate legal provision, an ad hoc legal resolution will be established; |
| --- | --- |

(7)

‘committing Member State’ means the Member State on the territory of which one or more legal provisions from a transferring Member State will apply under a given European Cross-border Commitment (the ‘Commitment’) or European Cross-border Statement (the ‘Statement’) or where, in the absence of an appropriate legal provision, an ad hoc legal resolution will be established;

| (8) | ‘transferring Member State’ means the Member State whose legal provisions will apply in the committing Member State under a given Commitment or Statement; |
| --- | --- |

(8)

‘transferring Member State’ means the Member State whose legal provisions will apply in the committing Member State under a given Commitment or Statement;

| (9) | ‘competent committing authority’ means the authority in the committing Member State competent to accept the application of the legal provisions of the transferring Member State on its territory under a given Commitment or, in the case of a Statement, to commit itself to starting the legislative procedure needed for a derogation from its domestic legal provisions; |
| --- | --- |

(9)

‘competent committing authority’ means the authority in the committing Member State competent to accept the application of the legal provisions of the transferring Member State on its territory under a given Commitment or, in the case of a Statement, to commit itself to starting the legislative procedure needed for a derogation from its domestic legal provisions;

| (10) | ‘competent transferring authority’ means the authority in the transferring Member State competent for the adoption of the legal provisions which will apply in the committing Member State and for its application on its own territory or for both; |
| --- | --- |

(10)

‘competent transferring authority’ means the authority in the transferring Member State competent for the adoption of the legal provisions which will apply in the committing Member State and for its application on its own territory or for both;

| (11) | ‘area of application’ means the area in the committing Member State where the legal provision of the transferring Member State or an ad hoc legal resolution shall apply. |
| --- | --- |

(11)

‘area of application’ means the area in the committing Member State where the legal provision of the transferring Member State or an ad hoc legal resolution shall apply.

Article 4

Member States' options for resolving legal obstacles

1.   Member State shall either

  States may
  opt for the Mechanism or opt for existing

  other
  ways to resolve legal obstacles hampering the implementation of a joint project in cross-border regions on a specific border with one or more neighbouring Member States. [Am. 20]

2.   A Member State may also decide, with regard to a specific border

  joint project in cross-border regions,
  with one or more neighbouring Member States, to join an existing effective way set up formally or informally by one or more neighbouring Member States
  or shall apply the Mechanism in respect of the Statement
  . [Am. 21]

3.   Member States may also use

  apply
  the Mechanism in cross-border regions on maritime borders or

  to a joint project
  in
  a
  cross-border regions

  region
  between one or more Member States and one or more third countries or one or more overseas countries and territories
  on a voluntary basis in relation to all parties concerned
  . [Am. 22]

4.   Member States shall inform the Commission about any decision taken under this Article.

Article 5

Cross-border Coordination Points

1.   Where a

  Each
  Member State opts for the Mechanism, it shall establish
  or designate
  one or more Cross-border Coordination Points in one of the following ways: [Am. 23]

| (a) | designate, at national or regional level or at both levels, a Cross-border Coordination Point as a separate body; |
| --- | --- |

(a)

designate, at national or regional level or at both levels, a Cross-border Coordination Point as a separate body;

| (b) | set up a Cross-border Coordination Point within an existing authority or body, at national or regional level; |
| --- | --- |

(b)

set up a Cross-border Coordination Point within an existing authority or body, at national or regional level;

| (c) | entrust an appropriate authority or body with the additional tasks as national or regional Cross-border Coordination Point. |
| --- | --- |

(c)

entrust an appropriate authority or body with the additional tasks as national or regional Cross-border Coordination Point.

2.   Committing Member States and transferring Member States shall also determine:

| (a) | whether it is the Cross-border Coordination Point or a competent committing/transferring authority which may conclude and sign a Commitment and decide the applicable national law will be derogated from the date of the entry into force of that Commitment; or |
| --- | --- |

(a)

whether it is the Cross-border Coordination Point or a competent committing/transferring authority which may conclude and sign a Commitment and decide the applicable national law will be derogated from the date of the entry into force of that Commitment; or

| (b) | whether it is the Cross-border Coordination Point or a competent committing/transferring authority which may sign a Statement and state formally therein that the competent committing authority will do the necessary as to legislative or other acts be taken by the competent legislative bodies in that Member State by a given deadline. |
| --- | --- |

(b)

whether it is the Cross-border Coordination Point or a competent committing/transferring authority which may sign a Statement and state formally therein that the competent committing authority will do the necessary as to legislative or other acts be taken by the competent legislative bodies in that Member State by a given deadline.

3.   The Member States shall inform the Commission of the designated Cross-border Coordination Points by the date of the start of application of this Regulation.

Article 6

Tasks of Cross-border Coordination Points

1.   Each Cross-border Coordination Point shall have at least the following tasks:

| (a) | implement the procedure set out in Articles 10 and 11; |
| --- | --- |

(a)

implement the procedure set out in Articles 10 and 11;

| (b) | coordinate the preparation, signature, implementation and monitoring for all Commitments and Statements concerning the territory of its Member State; |
| --- | --- |

(b)

coordinate the preparation, signature, implementation and monitoring for all Commitments and Statements concerning the territory of its Member State;

| (c) | build up and maintain a database covering all Cross-border Coordination Points concerning the territory of its Member State; |
| --- | --- |

(c)

build up and maintain a database covering all Cross-border Coordination Points concerning the territory of its Member State;

| (d) | liaise, where they exist, with the Cross-border Coordination Points in the neighbouring Member State or States and with the Cross-border Coordination Points in other territorial entities with legislative powers of its own Member State or another Member State; [Am. 24] |
| --- | --- |

(d)

liaise, where they exist, with the Cross-border Coordination Points in the neighbouring Member State or States and with the Cross-border Coordination Points in other territorial entities with legislative powers of its own Member State or another Member State; [Am. 24]

| (e) | liaise with the Commission; |
| --- | --- |

(e)

liaise with the Commission;

| (f) | support the Commission as regards its database on Statements and Commitments. |
| --- | --- |

(f)

support the Commission as regards its database on Statements and Commitments.

2.   Each Member State or each territorial entity with legislative powers in that Member State may decide to entrust the respective Cross-border Coordination Point also with the following tasks:

| (a) | where applicable, to conclude Commitments or Statements pursuant to Articles 16(2) and 17(2); |
| --- | --- |

(a)

where applicable, to conclude Commitments or Statements pursuant to Articles 16(2) and 17(2);

| (b) | upon request from a given initiator, support that initiator by, among other things, identifying the competent committing authority in the same Member State or the competent transferring authority in another Member State; |
| --- | --- |

(b)

upon request from a given initiator, support that initiator by, among other things, identifying the competent committing authority in the same Member State or the competent transferring authority in another Member State;

| (c) | upon request from a given competent committing authority located in another Member State without its own Cross-border Coordination point, perform the preliminary analysis of an initiative document; [Am. 25] |
| --- | --- |

(c)

upon request from a given competent committing authority located in another Member State without its own Cross-border Coordination point, perform the preliminary analysis of an initiative document; [Am. 25]

| (d) | monitor the implementation of all Commitments and Statements concerning the territory of its Member State; |
| --- | --- |

(d)

monitor the implementation of all Commitments and Statements concerning the territory of its Member State;

| (e) | remind the competent committing authority to comply with the deadlines established by in a given Commitment or Statement and request a reply within a given deadline; |
| --- | --- |

(e)

remind the competent committing authority to comply with the deadlines established by in a given Commitment or Statement and request a reply within a given deadline;

| (f) | inform the authority supervising the competent committing authority on any missed deadlines as established in a given Commitment or Statement. |
| --- | --- |

(f)

inform the authority supervising the competent committing authority on any missed deadlines as established in a given Commitment or Statement.

3.   Where at least one among several legal obstacles concerns an issue of legislative competence at national level, the national Cross-border Coordination Point shall assume the tasks set out in Articles 9 to 17 and coordinate with the relevant regional Cross-border Coordination Point or Points in the same Member State, unless the Member State has decided that the tasks set out in Articles 14 to 17 are entrusted to a competent committing authority at national level.

4.   Where none of the legal obstacles concerns an issue of legislative competence at national level, the competent regional Cross-border Coordination Point shall assume the tasks set out in Articles 9 to 17 and coordinate, with the other regional Cross-border Coordination Point or Points in the same Member States, in the cases where more than one territorial entity is concerned by the joint project, unless the Member State has decided that the tasks set out in Articles 14 to 17 are entrusted to a national Cross-border Coordination Point. That competent regional Cross-border Coordination Point shall keep the national Cross-border Coordination Point informed about any Commitment or Statement procedure.

Article 7

Coordination tasks of the Commission

1.   The Commission shall fulfil the following coordination tasks:

| (a) | liaise with the Cross-border Coordination Points; |
| --- | --- |

(a)

liaise with the Cross-border Coordination Points;

| (b) | create,
  publish and keep an up-dated list

  database
  of all national and regional Cross-border Coordination Points; [Am. 26] |
| --- | --- |

(b)

create,
  publish and keep an up-dated list

  database
  of all national and regional Cross-border Coordination Points; [Am. 26]

| (c) | set up and maintain a database on all Commitments and Statements. |
| --- | --- |

(c)

set up and maintain a database on all Commitments and Statements.

1a.
     
  The Commission shall prepare a supporting communication strategy with the aim of:

| (a) | promoting the exchange of best practices; |
| --- | --- |

(a)

promoting the exchange of best practices;

| (b) | providing practical information and interpretation of the subject area and the thematic focus of this Regulation; and |
| --- | --- |

(b)

providing practical information and interpretation of the subject area and the thematic focus of this Regulation; and

| (c) | clarifying the precise procedure for concluding a Commitment or Statement. [Am. 27] |
| --- | --- |

(c)

clarifying the precise procedure for concluding a Commitment or Statement. [Am. 27]

2.   The Commission shall adopt an implementing act with regard to the functioning of the database referred to in point (c) of paragraph 1 and the forms to be used when information on the implementation and on the use of the Mechanism is submitted by Cross-border Coordination Points. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 23(2).

CHAPTER II

Procedure for concluding and signing a Commitment or for signing a Statement

Article 8

Preparation and submission of the initiative document

1.   The initiator shall identify the

  one or more
  legal obstacle

  obstacles
  with regard to the planning, development, staffing, financing or functioning of a joint project. [Am. 28]

2.   The initiator shall be one of the following:

| (a) | the public or private body responsible for initiating or both initiating and implementing a joint project; |
| --- | --- |

(a)

the public or private body responsible for initiating or both initiating and implementing a joint project;

| (b) | one or more local or regional authorities located in a given cross-border region or exercising public power in that cross-border region; |
| --- | --- |

(b)

one or more local or regional authorities located in a given cross-border region or exercising public power in that cross-border region;

| (c) | a body with or without legal personality set up for cross-border cooperation located in or covering at least partially a given cross-border region, including European groupings of territorial cooperation under Regulation (EC) No 1082/2006, Euroregions, Euregios and similar bodies; |
| --- | --- |

(c)

a body with or without legal personality set up for cross-border cooperation located in or covering at least partially a given cross-border region, including European groupings of territorial cooperation under Regulation (EC) No 1082/2006, Euroregions, Euregios and similar bodies;

| (d) | an organisation set up on behalf of cross-border regions with the aim to promote the interests of cross-border territories and to facilitate the networking of players and the sharing of experiences, such as the Association of European Border Regions, the Mission Opérationnelle Transfrontalière or the Central European Service for Cross-border Initiatives; or |
| --- | --- |

(d)

an organisation set up on behalf of cross-border regions with the aim to promote the interests of cross-border territories and to facilitate the networking of players and the sharing of experiences, such as the Association of European Border Regions, the Mission Opérationnelle Transfrontalière or the Central European Service for Cross-border Initiatives; or

| (e) | several of the entities referred to in points (a) to (d) jointly. |
| --- | --- |

(e)

several of the entities referred to in points (a) to (d) jointly.

3.   The initiator shall prepare an initiative document drafted in accordance with Article 9.

4.   The initiator shall submit the initiative document to the competent Cross-border Coordination Point of the committing Member State and send a copy to the competent Cross-border Coordination Point of the transferring Member State.

Article 9

Content of the initiative document

1.   The initiative document shall include at least the following elements:

| (a) | a description of the joint project and of its context, of the

  one or more
  corresponding legal obstacle

  obstacles
  in the committing Member State as well as of the rationale for resolving the

  one or more
  legal obstacle

  obstacles
  ; [Am. 29] |
| --- | --- |

(a)

a description of the joint project and of its context, of the

  one or more
  corresponding legal obstacle

  obstacles
  in the committing Member State as well as of the rationale for resolving the

  one or more
  legal obstacle

  obstacles
  ; [Am. 29]

| (b) | a list of the specific legal provisions of the transferring Member State resolving the

  one or more
  legal obstacle

  obstacles
  or, where no appropriate legal provision exists, a proposal for an ad hoc legal resolution; [Am. 30] |
| --- | --- |

(b)

a list of the specific legal provisions of the transferring Member State resolving the

  one or more
  legal obstacle

  obstacles
  or, where no appropriate legal provision exists, a proposal for an ad hoc legal resolution; [Am. 30]

| (c) | a justification for the area of application; |
| --- | --- |

(c)

a justification for the area of application;

| (d) | the foreseeable duration or, where duly justified, its unlimited duration; |
| --- | --- |

(d)

the foreseeable duration or, where duly justified, its unlimited duration;

| (e) | a list of the competent committing authority or authorities; |
| --- | --- |

(e)

a list of the competent committing authority or authorities;

| (f) | a list of the competent transferring authority or authorities. |
| --- | --- |

(f)

a list of the competent transferring authority or authorities.

2.   The area of application shall be limited to the minimum necessary for the effective implementation of the joint project.

Article 10

Preliminary analysis of the initiative document by the committing
  and transferring
  Member State
  or States [Am. 31]

1.   The competent Cross-border Coordination Point
  of the committing Member State
  shall analyse the initiative document. It shall liaise with all competent committing authorities and with the national or, where relevant, other regional Cross-border Coordination Points in the committing Member State and with the national Cross-border Coordination Point in the transferring Member State. [Am. 32]

1a.
     
  Within three months of receipt of an initiative document, the competent Cross-border Coordination Point of the transferring Member State shall send its preliminary reaction to the competent Cross-border Coordination Point of the committing Member State. [Am. 33]

2.   Within three

  six
  months after receipt of the initiative document the competent Cross-border Coordination Point
  of the committing Member State
  shall take one or more of the following actions, to be transmitted to the initiator in writing: [Am. 34]

| (a) | inform the initiator that the initiative document was prepared in accordance with Article 9 and is therefore admissible; |
| --- | --- |

(a)

inform the initiator that the initiative document was prepared in accordance with Article 9 and is therefore admissible;

| (b) | request, if necessary, the submission of a revised initiative document or of additional specific information while setting out why and in which aspect the initiative document is not considered sufficient; |
| --- | --- |

(b)

request, if necessary, the submission of a revised initiative document or of additional specific information while setting out why and in which aspect the initiative document is not considered sufficient;

| (c) | inform the initiator about its assessment that there is no legal obstacle while setting out the reasons and also referring to the means of legal redress against that decision under the law of the committing Member State; |
| --- | --- |

(c)

inform the initiator about its assessment that there is no legal obstacle while setting out the reasons and also referring to the means of legal redress against that decision under the law of the committing Member State;

| (d) | inform the initiator about its assessment that the

  one or more
  legal obstacle consists

  obstacles consist
  in one of the cases listed in Article 12(4) and describe the commitment of the competent committing authority, to change or adapt that legal obstacle; [Am. 35] |
| --- | --- |

(d)

inform the initiator about its assessment that the

  one or more
  legal obstacle consists

  obstacles consist
  in one of the cases listed in Article 12(4) and describe the commitment of the competent committing authority, to change or adapt that legal obstacle; [Am. 35]

| (e) | inform the initiator about its assessment that the

  one or more
  legal obstacle consists

  obstacles consist
  in one of the situations under Article 12(4) while setting out its reasons to refuse to change or adapt that legal obstacle and referring to the means of legal redress against that decision under the law of the committing Member State; [Am. 36] |
| --- | --- |

(e)

inform the initiator about its assessment that the

  one or more
  legal obstacle consists

  obstacles consist
  in one of the situations under Article 12(4) while setting out its reasons to refuse to change or adapt that legal obstacle and referring to the means of legal redress against that decision under the law of the committing Member State; [Am. 36]

| (f) | commit itself towards the initiator to find a resolution to the legal obstacle or obstacles within six months, either by signing a Commitment with the Cross-border Coordination point of the transferring Member State or with the competent transferring authority, as designated by the transferring Member State, or by proposing an ad hoc legal resolution within the legal framework of the committing Member State; |
| --- | --- |

(f)

commit itself towards the initiator to find a resolution to the legal obstacle or obstacles within six months, either by signing a Commitment with the Cross-border Coordination point of the transferring Member State or with the competent transferring authority, as designated by the transferring Member State, or by proposing an ad hoc legal resolution within the legal framework of the committing Member State;

| (fa) | redirect the initiator to opt for an existing mechanism as referred to in Article 4(2) to resolve one or more legal obstacles hampering the implementation of the joint project or to directly transmit the initiative document to the competent body under the corresponding mechanism; [Am. 37] |
| --- | --- |

(fa)

redirect the initiator to opt for an existing mechanism as referred to in Article 4(2) to resolve one or more legal obstacles hampering the implementation of the joint project or to directly transmit the initiative document to the competent body under the corresponding mechanism; [Am. 37]

| (fb) | inform the initiator that one or more of the Member States concerned have decided not to resolve one or more of the legal obstacles identified by the initiator while setting out the reasons for that decision in writing. [Am. 38] |
| --- | --- |

(fb)

inform the initiator that one or more of the Member States concerned have decided not to resolve one or more of the legal obstacles identified by the initiator while setting out the reasons for that decision in writing. [Am. 38]

3.   In duly justified cases, the competent committing authority may extend the deadline referred to in point (f) of paragraph 2 once, by a maximum of six months and shall inform the initiator and the transferring Member State accordingly, while setting out the reasons in writing.

Article 11

Preliminary analysis of the initiative document by the transferring Member State

Upon receipt of an initiative document, the competent Cross-border Coordination Point of the transferring Member State shall also carry out the tasks listed in Article 10(2) and may send its preliminary reaction to the competent Cross-border Coordination Point of the committing Member State.
  [Am. 39]

Article 12

Follow-up on the preliminary analysis of the initiative document

1.   Where the competent Cross-border Coordination Point of the committing Member State requests a revised initiative document or additional specific information, it shall analyse the revised initiative document or the additional specific information or both and take, within three

  six
  months after receipt thereof, the actions as if the initiative document was submitted for the first time. [Am. 40]

2.   Where the competent Cross-border Coordination Point of the committing Member State considers that the revised initiative document is still not prepared in accordance with Article 10 or that the additional specific information is still not sufficient, it shall, within three

  six
  months after receipt of the revised initiative document, inform the initiator in writing about its decision to end the procedure. This decision shall be duly justified. [Am. 41]

3.   Where the analysis by the competent Cross-border Coordination Point of the committing Member State or the competent committing authority concludes that the

  one or more
  legal obstacle

  obstacles
  described in the initiative document are based on a misunderstanding or misinterpretation of the relevant legislation or on the lack of sufficient information about the relevant legislation, the procedure ends by informing the initiator about the assessment that there is no legal obstacle. [Am. 42]

4.   Where the

  one or more
  legal obstacle

  obstacles
  consist only in an administrative provision, rule or administrative practice of the committing Member State or in an administrative provision, rule or administrative practice clearly distinct from a provision adopted under a legislative procedure and can therefore be changed or adapted without a legislative procedure, the competent committing authority shall inform the initiator in writing its refusal or willingness to change or adapt the relevant administrative provision, rule or administrative practice within eight months. [Am. 43]

5.   In duly justified cases, the competent committing authority may extend the deadline referred to in paragraph 4 once by a maximum of eight months and shall inform the initiator and the transferring Member State accordingly, while setting out the reasons in writing.

Article 13

Preparation of the draft Commitment or Statement

The Cross-border Coordination Point or the competent committing authority of the committing Member State shall draw up a draft Commitment or a draft Statement in accordance with Article 14, based on the initiative document.

Article 14

Content of the draft Commitment and draft Statement

1.   The draft Commitment shall include at least the following elements:

| (a) | the description of the joint project and of its context, of the

  one or more
  corresponding legal obstacle

  obstacles
  as well as of the rationale for resolving the

  one or more
  legal obstacle

  obstacles
  ; [Am. 44] |
| --- | --- |

(a)

the description of the joint project and of its context, of the

  one or more
  corresponding legal obstacle

  obstacles
  as well as of the rationale for resolving the

  one or more
  legal obstacle

  obstacles
  ; [Am. 44]

| (b) | the list of the specific legal provision or provisions constituting the

  one or more
  legal obstacle

  obstacles
  and which shall therefore not apply to the joint project; [Am. 45] |
| --- | --- |

(b)

the list of the specific legal provision or provisions constituting the

  one or more
  legal obstacle

  obstacles
  and which shall therefore not apply to the joint project; [Am. 45]

| (c) | the area of application; |
| --- | --- |

(c)

the area of application;

| (d) | the duration of the application and a justification for that duration; |
| --- | --- |

(d)

the duration of the application and a justification for that duration;

| (e) | the competent committing authority or authorities; |
| --- | --- |

(e)

the competent committing authority or authorities;

| (f) | the specific legal provision of the transferring Member State which shall apply to the joint project; |
| --- | --- |

(f)

the specific legal provision of the transferring Member State which shall apply to the joint project;

| (g) | the proposal of the ad hoc legal resolution, where no appropriate legal provision exists in the legal framework of the transferring Member State; |
| --- | --- |

(g)

the proposal of the ad hoc legal resolution, where no appropriate legal provision exists in the legal framework of the transferring Member State;

| (h) | the competent transferring authority or authorities; |
| --- | --- |

(h)

the competent transferring authority or authorities;

| (i) | the authority or authorities from the committing Member State competent for the implementation and monitoring; |
| --- | --- |

(i)

the authority or authorities from the committing Member State competent for the implementation and monitoring;

| (j) | the authority or authorities from the transferring Member State which are proposed to be designated jointly for the implementation and monitoring; |
| --- | --- |

(j)

the authority or authorities from the transferring Member State which are proposed to be designated jointly for the implementation and monitoring;

| (k) | the date of its entry into force. |
| --- | --- |

(k)

the date of its entry into force.

The date of entry into force referred to in point (k) shall be either the date when the last of the two Cross-border Coordination Points or competent authorities have signed or the date when it has been notified to the initiator.

2.   In addition to the elements listed in paragraph 1, the draft Commitment shall also include a date of application which may be

| (a) | set at the same date as its entry into force; |
| --- | --- |

(a)

set at the same date as its entry into force;

| (b) | set with retroactive effect; |
| --- | --- |

(b)

set with retroactive effect;

| (c) | deferred to a date in the future. |
| --- | --- |

(c)

deferred to a date in the future.

3.   In addition to the elements listed in paragraph 1, the draft Statement shall also include a formal statement of the date or dates by which each competent committing authority shall submit a formal proposal to the respective legislative body in order to amend the national legal provisions accordingly.

The date referred to in the first subparagraph shall not be later than twelve months after the conclusion of the Statement.

Article 15

Transmission of the draft Commitment or draft Statement

1.   Where the competent committing authority has prepared the draft Commitment or draft Statement, it shall transmit this draft to the competent Cross-border Coordination Point of the committing Member State:

| (a) | within a maximum of three

  six
  months after having transmitted information under Article 10(2) or Article 12(1) and (2); [Am. 46] |
| --- | --- |

(a)

within a maximum of three

  six
  months after having transmitted information under Article 10(2) or Article 12(1) and (2); [Am. 46]

| (b) | within a maximum of eight months pursuant to Article 12(4) and (5). |
| --- | --- |

(b)

within a maximum of eight months pursuant to Article 12(4) and (5).

2.   Where the competent Cross-border Coordination Point of the committing Member State has prepared the draft Commitment or draft Statement or where it has received it from the competent committing authority it shall transmit this draft to the competent Cross-border Coordination Point of the transferring Member State within the periods referred to in point (a) or (b) of paragraph 1.

3.   In both cases, a copy shall also be sent for information to the initiator.

Article 16

Tasks of the transferring Member State in concluding and signing the Commitment or in signing the Statement

1.   The competent Cross-border Coordination Point of the transferring Member State shall examine the draft Commitment or draft Statement received pursuant to Article 15 and, within a maximum of three

  six
  months after receipt of the draft and after consulting the competent transferring authorities, take one or more of the following actions: [Am. 47]

| (a) | agree with the draft Commitment or draft Statement, sign two original copies and send one back to the competent Cross-border Coordination Point of the committing Member State; |
| --- | --- |

(a)

agree with the draft Commitment or draft Statement, sign two original copies and send one back to the competent Cross-border Coordination Point of the committing Member State;

| (b) | agree with the draft Commitment or draft Statement, after correcting or supplementing the information referred to in points (f) and (h) of Article 14(1), sign two original copies of the revised draft Commitment or draft Statement and send one back to the competent Cross-border Coordination Point of the committing Member State; |
| --- | --- |

(b)

agree with the draft Commitment or draft Statement, after correcting or supplementing the information referred to in points (f) and (h) of Article 14(1), sign two original copies of the revised draft Commitment or draft Statement and send one back to the competent Cross-border Coordination Point of the committing Member State;

| (c) | refuse to sign the draft Commitment or draft Statement and transmit a detailed justification to the competent Cross-border Coordination Point of the committing Member State; |
| --- | --- |

(c)

refuse to sign the draft Commitment or draft Statement and transmit a detailed justification to the competent Cross-border Coordination Point of the committing Member State;

| (d) | refuse to sign the draft Commitment or draft Statement and send back an amended draft as regards the information referred to in points (c), (d) and, where relevant, (g) of Article 14(1), as well as for the draft Commitment the information referred to under Article 14(2), with a justification for the amendments to the competent Cross-border Coordination Point of the committing Member State. |
| --- | --- |

(d)

refuse to sign the draft Commitment or draft Statement and send back an amended draft as regards the information referred to in points (c), (d) and, where relevant, (g) of Article 14(1), as well as for the draft Commitment the information referred to under Article 14(2), with a justification for the amendments to the competent Cross-border Coordination Point of the committing Member State.

2.   In Member States where the competent transferring authority shall sign a Commitment or Statement, the competent Cross-border Coordination Point of the transferring Member State shall send, in accordance with points (a) and (b) of paragraph 1,
  one of
  the two original copies signed by the competent transferring authority
  to the competent Cross-border Coordination Point of the committing Member State
  . [Am. 48]

3.   Where the transferring Member State agrees in accordance with point (a) or (b) of paragraph 1 to sign a Commitment or a Statement, it shall, in addition, explicitly confirm or refuse that the competent authority or authorities which are proposed to be designated jointly for the implementation and monitoring of the Commitment or the Statement pursuant to point (j) of Article 14(1) shall assume those tasks to be carried out in the area of application.

Article 17

Tasks of the committing Member State in concluding and signing the Commitment or in signing the Statement

1.   The competent Cross-border Coordination Point of the committing Member State shall examine the reply transmitted by the competent Cross-border Coordination Point of the transferring Member State and take, within a maximum of one month

  three months
  after its receipt one or more of the following actions, to be transmitted to the competent transferring authority in writing: [Am. 49]

| (a) | in the case of point (a) of paragraph 2

  Article 16(1)
  , finalise the Commitment or the Statement, sign two

  three
  original copies and send one back to the competent Cross-border Coordination Point of the transferring Member State for signature; [Am. 50] |
| --- | --- |

(a)

in the case of point (a) of paragraph 2

  Article 16(1)
  , finalise the Commitment or the Statement, sign two

  three
  original copies and send one back to the competent Cross-border Coordination Point of the transferring Member State for signature; [Am. 50]

| (b) | in the case of point (b) of paragraph 2

  Article 16(1)
  , amend the Commitment or the Statement as regards the information in the draft Commitment or the draft Statement covered by points (f) and (h) of Article 14(1) accordingly, finalise the Commitment or Statement, sign two

  three
  original copies and send one back to the competent Cross-border Coordination Point of the transferring Member State for signature; [Am. 51] |
| --- | --- |

(b)

in the case of point (b) of paragraph 2

  Article 16(1)
  , amend the Commitment or the Statement as regards the information in the draft Commitment or the draft Statement covered by points (f) and (h) of Article 14(1) accordingly, finalise the Commitment or Statement, sign two

  three
  original copies and send one back to the competent Cross-border Coordination Point of the transferring Member State for signature; [Am. 51]

| (c) | in the case of point (c) of paragraph 2

  Article 16(1)
  , inform the initiator and the Commission, while adding the justification as set out by the competent transferring authority; [Am. 52] |
| --- | --- |

(c)

in the case of point (c) of paragraph 2

  Article 16(1)
  , inform the initiator and the Commission, while adding the justification as set out by the competent transferring authority; [Am. 52]

| (d) | in the case of point (d) of paragraph 2

  Article 16(1)
  , consider the amendments and either proceed as under point (b) of this paragraph or relaunch a second procedure

  proceed as
  under Article 9

  point (c) of this paragraph
  setting out why some or all of the amendments could not be accepted by the competent committing authority. [Am. 53] |
| --- | --- |

(d)

in the case of point (d) of paragraph 2

  Article 16(1)
  , consider the amendments and either proceed as under point (b) of this paragraph or relaunch a second procedure

  proceed as
  under Article 9

  point (c) of this paragraph
  setting out why some or all of the amendments could not be accepted by the competent committing authority. [Am. 53]

2.   Upon receipt of the Commitment or the Statement, as also signed by the competent Cross-border Coordination Point or competent transferring authority in the cases of point (a) or (b) of paragraph 1 or, where the competent Cross-border Coordination Point of the transferring Member State has reacted positively under the second procedure of point (d) of paragraph 1, the competent Cross-border Coordination Point of the committing Member State shall: [Am. 54]

| (a) | transmit the final Commitment or Statement to the initiator; |
| --- | --- |

(a)

transmit the final Commitment or Statement to the initiator;

| (b) | transmit the second original copy to the competent Cross-border Coordination Point of the transferring Member State; |
| --- | --- |

(b)

transmit the second original copy to the competent Cross-border Coordination Point of the transferring Member State;

| (c) | send a copy to all competent committing authorities; |
| --- | --- |

(c)

send a copy to all competent committing authorities;

| (d) | send a copy to the coordination point at Union level; and |
| --- | --- |

(d)

send a copy to the coordination point at Union level; and

| (e) | request the competent service in the committing Member State responsible for official publications to publish the Commitment or the Statement. |
| --- | --- |

(e)

request the competent service in the committing Member State responsible for official publications to publish the Commitment or the Statement.

CHAPTER III

Implementation and monitoring of Commitments and Statements

Article 18

Implementation of the Commitment

1.   The information referred to under point (c) of Article 17(2) and sent to all competent committing authorities concerned, shall be accompanied by a timetable, by which each of those authorities shall, where relevant, amend any administrative act adopted under the applicable law with regard to the joint project and adopt any administrative act necessary to apply the Commitment to the joint project in order to apply to it the legal provision of the transferring Member State or an ad hoc legal resolution.

2.   A copy of the timetable shall be sent to the national and, where relevant, regional Cross-border Coordination Point of the committing Member State.

3.   Any administrative act referred to in paragraph 1 shall be adopted and notified to the initiator, in particular to the public or private body responsible for initiating or both initiating and implementing a joint project, in accordance with the national law applicable to such administrative acts.

4.   Once all administrative acts with regard to a given joint project are adopted, the Cross-border Coordination Point of the committing Member State shall inform the Cross-border Coordination Point of the transferring Member State and the coordination point at Union level.

5.   The Cross-border Coordination Point of the transferring Member State shall inform, where relevant, the competent transferring authorities.

Article 19

Implementation of the Statement

1.   Each competent committing authority listed in a Statement under Article 14(3) shall submit by the respective date fixed in the signed Statement a formal proposal to the respective legislative body in order to amend the national legal provisions accordingly.

2.   In case the respective date fixed in the signed Statement cannot be respected, in particular in view of upcoming elections for the competent legislative body, the competent committing authority shall inform in writing the initiator as well as the competent Cross-border Coordination Point of both the committing and the transferring Member States.

3.   Once a formal proposal has been submitted to the respective legislative body, the respective competent committing authority shall up-date in writing the initiator as well as the competent Cross-border Coordination Point of both the committing and the transferring Member States about the monitoring in the respective legislative body, and this every six months after the date of formal submission.

4.   Upon entry into force of the amending legislative act or its publication in the official Gazette or both, each competent committing authority shall amend any administrative act adopted under the applicable national law with regard to the joint project and adopt any administrative act necessary to apply the amended legal provisions to the joint project.

5.   Any administrative act as referred to in paragraph 4 shall be adopted and notified to the initiator, in particular where this initiator is a public or private body responsible for initiating or both initiating and implementing a joint project, in accordance with the national law applicable to such administrative acts.

6.   Once all administrative acts with regard to a given joint project are adopted, the Cross-border Coordination Point of the committing Member State shall inform the Cross-border Coordination Point of the transferring Member State and the coordination point at Union level.

7.   The Cross-border Coordination Point of the transferring Member State shall, where relevant, inform the competent transferring authorities.

Article 20

Monitoring of Commitments and Statements

1.   Based on the administrative acts referred to in Articles 18(1) and 19(4), the committing and transferring Member States shall decide whether the monitoring of the application of a Commitment or of the amended national legislation pursuant to a Statement shall be entrusted to the authorities of the transferring Member State, in particular due to their expertise with the legal provisions transferred, or to the authorities of the committing Member State.

2.   Where the monitoring of the application of the transferred legal provisions is entrusted to the authorities of the transferring Member State, the committing Member State shall decide, in agreement with transferring Member States, whether the authorities of the transferring Member State shall act with regard to the addressees of the monitoring tasks on behalf and in the name of the authorities of the committing Member State or on behalf, but in their own name.

CHAPTER IV

Legal protection against the application and monitoring of Commitments and Statements

Article 21

Legal protection against the application of a Commitment or Statement

1.   Any person resident in the territory covered by a Commitment or Statement or, although not resident in that territory, being user of a service of general economic interest provided in that territory (‘person resident in the cross-border region’), who considers itself wronged by the acts or omissions by the application, pursuant to a Commitment or a Statement, of a legal provision of a transferring Member State shall be entitled to seek legal redress before the courts of the committing Member State.

2.   However, the competent courts for legal redress against any administrative acts adopted under Article 18(3) and 19(5) shall be exclusively the courts of the Member State whose authorities issued the administrative act.

3.   Nothing in this Regulation shall deprive persons from exercising their national constitutional rights of appeal against authorities which are parties of a Commitment in respect of:

| (a) | administrative decisions in respect of activities which are being carried out pursuant to a Commitment; |
| --- | --- |

(a)

administrative decisions in respect of activities which are being carried out pursuant to a Commitment;

| (b) | access to services in their own language; and |
| --- | --- |

(b)

access to services in their own language; and

| (c) | access to information. |
| --- | --- |

(c)

access to information.

In these cases the competent courts shall be those of the Member State under whose constitution the rights of appeal arise.

Article 22

Legal protection against the monitoring of Commitments or Statements

1.   Where the competent transferring authority has accepted to monitor the application of the legal provisions of the transferring Member State in the relevant area and can act in its own name towards persons resident in the cross-border region of the committing Member State, the competent courts for legal redress against any action or omission by that authority shall be the courts of the Member State where those persons have their legal residence.

2.   Where the competent transferring authority has accepted to monitor the application of the legal provisions of the committing Member State on the territory of the committing Member State, but cannot act on its own name towards persons resident in the cross-border region, the competent courts for legal redress against any action or omission by that authority shall be only the courts of the committing Member State, including for persons having their legal residence in the transferring Member State.

CHAPTER V

Final provisions

Article 23

Committee procedure

1.   The Commission shall be assisted by the Coordination Committee for the European Structural and Investment Funds established by Article 108(1) of Regulation (EU) No .../... [new CPR]. 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.

Article 24

Implementing provisions in the Member States

1.   Member States shall make such provisions as are appropriate to ensure the effective application of this Regulation

2.   By ... [date of application of this Regulation], Member States shall inform the Commission accordingly of any provisions adopted under paragraph 1.

3.   The Commission shall render public the information received from the Member States.

Article 25

Reporting

1.
     By dd mm yyyy [i.e. the first day of the month following the date of entry into force of this Regulation + five


  three

  years], the Commission shall present a report to the European Parliament, the Council and the Committee of the Regions assessing the application of this Regulation based on indicators on its effectiveness, efficiency, relevance, European added value and scope for simplification.

2.
     
  In the report referred to in paragraph 1, the Commission shall make particular reference to this Regulation’s geographical and thematic scope as defined in points (1) and (2) of Article 3 respectively.

3.
     
  Before the report is prepared, the Commission shall carry out a public consultation with the various actors involved, including local and regional authorities and civil society organisations. [Am. 55]

Article 26

Entry into force and application

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

It shall apply from ... [the first day of the month following the date of entry into force of this Regulation + one year].

However, Article 24 shall apply from ... [the first day of the month following the date of entry into force of this Regulation].

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 440, 6.12.2018, p. 124.

1

(2)  OJ C ...

2

(3)  Position of the European Parliament of 14 February 2019.

3

(4)  Communication from the Commission to the Council and the European Parliament ‘Boosting growth and cohesion in EU border regions’ — COM(2017)0534, 20.9.2017.

4

(5)  Five programming periods of Interreg have succeeded each other: INTERREG I (1990-1993), INTERREG II (1994-1999), INTERREG III (2000-2006), INTERREG IV (2007-2013) and INTERREG V (2014-2020).

5

(6)  Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) (OJ L 210, 31.7.2006, p. 19).

6

(7)  Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).

7

(8)  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 (OJ L 8, 12.1.2001, p. 1).

8

(9)  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).

9

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/637 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/637

---

P8_TA(2019)0119

Draft Agreement on Cooperation between Eurojust and Georgia *

European Parliament legislative resolution of 14 February 2019 on the draft Council implementing decision approving the conclusion by Eurojust of the Agreement on Cooperation between Eurojust and Georgia (13483/2018 — C8-0484/2018 — 2018/0813(CNS))

(Consultation)

(2020/C 449/65)

The European Parliament,

| — | having regard to the Council draft (13483/2018), |
| --- | --- |

—

having regard to the Council draft (13483/2018),

| — | having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0484/2018), |
| --- | --- |

—

having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0484/2018),

| — | having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (1), and in particular Article 26a(2) thereof, |
| --- | --- |

—

having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (1), and in particular Article 26a(2) thereof,

| — | having regard to Rule 78c of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 78c 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 (A8-0065/2019), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Legal Affairs (A8-0065/2019),

| 1. | Approves the Council draft; |
| --- | --- |

1.

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

| 3. | Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament; |
| --- | --- |

3.

| 4. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

4.

---

(1)  OJ L 63, 6.3.2002, p. 1.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/638 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/638

---

P8_TA(2019)0120

Health technology assessment ***I

European Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council on health technology assessment and amending Directive 2011/24/EU (COM(2018)0051 — C8-0024/2018 — 2018/0018(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/66)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2018)0051), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2018)0051),

| — | 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 (C8-0024/2018), |
| --- | --- |

—

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 (C8-0024/2018),

| — | having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

| — | 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 opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, the German Bundestag, the French Senate and the Polish Sejm, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, the German Bundestag, the French Senate and the Polish Sejm, 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 2018 (1) |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 23 May 2018 (1)

| — | having regard to Rules 59 and 39 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 59 and 39 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 and the Committee on the Internal Market and Consumer Protection (A8-0289/2018), |
| --- | --- |

—

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 and the Committee on the Internal Market and Consumer Protection (A8-0289/2018),

| 1. | Adopts its position at first reading hereinafter set out (2); |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

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

3.

---

(1)  OJ C 283, 10.8.2018, p. 28.

(2)  This position corresponds to the amendments adopted on 3 October 2018 (Texts adopted, P8_TA(2018)0369).

---

P8_TC1-COD(2018)0018

Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on health technology assessment and amending Directive 2011/24/EU

(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

  Articles 114 and 168(4)
  thereof, [Am. 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 (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | The development of health technologies is a key driver of economic growth and innovation in the Union. It forms

  key to achieving the high level of health protection that health policies must ensure, for the benefit of all citizens. Health technologies are an innovative sector of the economy which form
  part of an overall market for healthcare expenditure that accounts for 10 % of EU gross domestic product. Health technologies encompass medicinal products, medical devices and medical procedures, as well as measures for disease prevention, diagnosis or treatment. [Am. 2] |
| --- | --- |

(1)

The development of health technologies is a key driver of economic growth and innovation in the Union. It forms

  key to achieving the high level of health protection that health policies must ensure, for the benefit of all citizens. Health technologies are an innovative sector of the economy which form
  part of an overall market for healthcare expenditure that accounts for 10 % of EU gross domestic product. Health technologies encompass medicinal products, medical devices and medical procedures, as well as measures for disease prevention, diagnosis or treatment. [Am. 2]

| (1a) | Expenditure on medicines stood at 1,41 % of GDP in 2014 and accounted for 17,1 % of overall health expenditure, of which it is a major component. Health expenditure in the Union amounts to 10 % of GDP, i.e. EUR 1 300 000 million per annum, EUR 220 000 million of which is pharmaceutical expenditure and EUR 110 000 million expenditure on medical devices. [Am. 3] |
| --- | --- |

(1a)

Expenditure on medicines stood at 1,41 % of GDP in 2014 and accounted for 17,1 % of overall health expenditure, of which it is a major component. Health expenditure in the Union amounts to 10 % of GDP, i.e. EUR 1 300 000 million per annum, EUR 220 000 million of which is pharmaceutical expenditure and EUR 110 000 million expenditure on medical devices. [Am. 3]

| (1b) | The Council conclusions of 16 June 2016 and the European Parliament resolution of 2 March 2017 on EU options for improving access to medicines
   (4)

  highlighted that there are many barriers to access to medicine and innovative technologies in the Union, with the main barriers being the lack of new treatments for certain diseases and the high price of medicines, which in many cases do not have added therapeutic value. [Am. 4] |
| --- | --- |

(1b)

The Council conclusions of 16 June 2016 and the European Parliament resolution of 2 March 2017 on EU options for improving access to medicines
   (4)

  highlighted that there are many barriers to access to medicine and innovative technologies in the Union, with the main barriers being the lack of new treatments for certain diseases and the high price of medicines, which in many cases do not have added therapeutic value. [Am. 4]

| (1c) | Marketing authorisations for medicinal products are granted by the European Medicines Agency on the basis of the principles of safety and efficacy. Normally the national health technology assessment agencies assess comparative effectiveness, because marketing authorisations are not accompanied by a comparative effectiveness study. [Am. 5] |
| --- | --- |

(1c)

Marketing authorisations for medicinal products are granted by the European Medicines Agency on the basis of the principles of safety and efficacy. Normally the national health technology assessment agencies assess comparative effectiveness, because marketing authorisations are not accompanied by a comparative effectiveness study. [Am. 5]

| (2) | Health Technology Assessment (HTA) is an

  a scientific
  evidence-based process that allows competent authorities to determine the relative effectiveness of new or existing technologies. HTA focuses specifically on the added
  therapeutic
  value of a health technology in comparison with other new or existing health technologies. [Am. 6] |
| --- | --- |

(2)

Health Technology Assessment (HTA) is an

  a scientific
  evidence-based process that allows competent authorities to determine the relative effectiveness of new or existing technologies. HTA focuses specifically on the added
  therapeutic
  value of a health technology in comparison with other new or existing health technologies. [Am. 6]

| (2a) | As the World Health Organization (WHO) stated at the 67th World Health Assembly in May 2014, HTA has to be a tool in support of universal health coverage. [Am. 7] |
| --- | --- |

(2a)

As the World Health Organization (WHO) stated at the 67th World Health Assembly in May 2014, HTA has to be a tool in support of universal health coverage. [Am. 7]

| (2b) | HTA should be instrumental in promoting innovation which offers the best outcomes for patients and society as a whole and is a necessary tool for ensuring the proper application and use of health technologies. [Am. 8] |
| --- | --- |

(2b)

HTA should be instrumental in promoting innovation which offers the best outcomes for patients and society as a whole and is a necessary tool for ensuring the proper application and use of health technologies. [Am. 8]

| (3) | HTA covers both clinical and non-clinical aspects of a health technology. The EU co-funded joint actions on HTA (EUnetHTA Joint Actions) have identified nine domains by reference to which health technologies are assessed. Of these nine domains,
  (which form the ‘HTA Core model’)
  four are clinical and five are non-clinical. The four clinical domains of assessment concern the identification of a health problem and current technology, the examination of the technical characteristics of the technology under assessment, its relative safety, and its relative clinical effectiveness. The five non-clinical assessment domains concern cost and economic evaluation of a technology, its ethical, organisational, social, and legal aspects. The clinical domains are therefore more suited to joint assessment at EU-level on their scientific evidence base, while the assessment of non-clinical domains tends to be more closely related to national and regional contexts and approaches. [Am. 9] |
| --- | --- |

(3)

HTA covers both clinical and non-clinical aspects of a health technology. The EU co-funded joint actions on HTA (EUnetHTA Joint Actions) have identified nine domains by reference to which health technologies are assessed. Of these nine domains,
  (which form the ‘HTA Core model’)
  four are clinical and five are non-clinical. The four clinical domains of assessment concern the identification of a health problem and current technology, the examination of the technical characteristics of the technology under assessment, its relative safety, and its relative clinical effectiveness. The five non-clinical assessment domains concern cost and economic evaluation of a technology, its ethical, organisational, social, and legal aspects. The clinical domains are therefore more suited to joint assessment at EU-level on their scientific evidence base, while the assessment of non-clinical domains tends to be more closely related to national and regional contexts and approaches. [Am. 9]

| (3a) | Health professionals, patients and health institutions need to know whether or not a new health technology represents an improvement on existing health technologies, in terms of benefits and risks. Joint clinical assessments therefore aim to identify the added therapeutic value of new or existing health technologies in comparison with other new or existing health technologies, by undertaking a comparative assessment based on comparative trials against the current best proven intervention (‘standard treatment’) or against the current most common treatment where no such standard treatment exists. [Am. 10] |
| --- | --- |

(3a)

Health professionals, patients and health institutions need to know whether or not a new health technology represents an improvement on existing health technologies, in terms of benefits and risks. Joint clinical assessments therefore aim to identify the added therapeutic value of new or existing health technologies in comparison with other new or existing health technologies, by undertaking a comparative assessment based on comparative trials against the current best proven intervention (‘standard treatment’) or against the current most common treatment where no such standard treatment exists. [Am. 10]

| (4) | HTA is an important tool for promoting high-quality innovation, steering research towards addressing the unmet diagnostic, therapeutic or procedural needs of healthcare systems as well as steering clinical and social priorities. HTA can also improve scientific evidence used to inform clinical decision-making, efficiency in use of resources, the sustainability of health systems, patient access to these health technologies, and the competitiveness of the sector through greater predictability and more efficient research. Member States use
  the outcome of HTA is used

  to augment the scientific evidence that informs decisions to introduce health technologies into their systems, i.e.
  to inform decisions concerning the allocation of budgetary

  on how to allocate
  resources in the field of health, for example, in relation to establishing the pricing or reimbursement levels of health technologies. HTA can therefore assist Member States in creating and maintaining sustainable healthcare systems and to stimulate innovation that delivers better outcomes for patients. [Am. 11] |
| --- | --- |

(4)

HTA is an important tool for promoting high-quality innovation, steering research towards addressing the unmet diagnostic, therapeutic or procedural needs of healthcare systems as well as steering clinical and social priorities. HTA can also improve scientific evidence used to inform clinical decision-making, efficiency in use of resources, the sustainability of health systems, patient access to these health technologies, and the competitiveness of the sector through greater predictability and more efficient research. Member States use
  the outcome of HTA is used

  to augment the scientific evidence that informs decisions to introduce health technologies into their systems, i.e.
  to inform decisions concerning the allocation of budgetary

  on how to allocate
  resources in the field of health, for example, in relation to establishing the pricing or reimbursement levels of health technologies. HTA can therefore assist Member States in creating and maintaining sustainable healthcare systems and to stimulate innovation that delivers better outcomes for patients. [Am. 11]

| (4a) | Cooperation in the field of HTA can also play a role throughout the health technology cycle: in the early developmental stage through ‘horizon scanning’ in order to pinpoint technologies that will have a major impact; in the early dialogue and scientific advisory stages; in better study design to ensure greater research efficiency; and in the core stages of the overall assessment, once the technology is already established. Finally, HTA can help in decision-making on divestment in cases where a technology becomes obsolete and unsuitable compared to better alternative options that are available. Greater collaboration between Member States in the field of HTA should also help improve and harmonise standards of care as well as diagnostic and new-born screening practices across the Union. [Am. 12] |
| --- | --- |

(4a)

Cooperation in the field of HTA can also play a role throughout the health technology cycle: in the early developmental stage through ‘horizon scanning’ in order to pinpoint technologies that will have a major impact; in the early dialogue and scientific advisory stages; in better study design to ensure greater research efficiency; and in the core stages of the overall assessment, once the technology is already established. Finally, HTA can help in decision-making on divestment in cases where a technology becomes obsolete and unsuitable compared to better alternative options that are available. Greater collaboration between Member States in the field of HTA should also help improve and harmonise standards of care as well as diagnostic and new-born screening practices across the Union. [Am. 12]

| (4b) | Cooperation in the field of HTA can extend beyond pharmaceutical products and medical devices. It can also cover areas such as diagnostics used to supplement treatment, surgical procedures, prevention, screening and health promotion programmes, information and communications technology (ICT) tools, health-care organisation plans and integrated care processes. Different demands are involved in assessing different technologies, depending on their specific features, meaning that a cohesive approach which can cater for these different technologies is needed in the field of HTA. Moreover, in specific areas such as treatments for rare diseases, paediatric medicines, precision medicine and advanced therapies, the added value of cooperation at Union level is likely to be even greater. [Am. 13] |
| --- | --- |

(4b)

Cooperation in the field of HTA can extend beyond pharmaceutical products and medical devices. It can also cover areas such as diagnostics used to supplement treatment, surgical procedures, prevention, screening and health promotion programmes, information and communications technology (ICT) tools, health-care organisation plans and integrated care processes. Different demands are involved in assessing different technologies, depending on their specific features, meaning that a cohesive approach which can cater for these different technologies is needed in the field of HTA. Moreover, in specific areas such as treatments for rare diseases, paediatric medicines, precision medicine and advanced therapies, the added value of cooperation at Union level is likely to be even greater. [Am. 13]

| (5) | The carrying out of parallel assessments by multiple Member States and divergences between national laws, regulations and administrative provisions on the processes and methodologies of assessment can result in health technology developers being confronted with multiple and divergent

  a duplication of
  requests for data. It can also lead to both duplications and variations in outcomes that
  could
  increase the financial and administrative burdens that act as a barrier to the free movement of the health technologies concerned and the smooth functioning of the internal market.
  In some justified cases where the specificities of the national and regional healthcare systems and priorities need to be taken into account, a complementary assessment on certain aspects might be necessary. However, assessments that are not relevant for decisions in certain Member States could delay the implementation of innovative technologies and thus access of patients to beneficial innovative treatments. [Am. 14] |
| --- | --- |

(5)

The carrying out of parallel assessments by multiple Member States and divergences between national laws, regulations and administrative provisions on the processes and methodologies of assessment can result in health technology developers being confronted with multiple and divergent

  a duplication of
  requests for data. It can also lead to both duplications and variations in outcomes that
  could
  increase the financial and administrative burdens that act as a barrier to the free movement of the health technologies concerned and the smooth functioning of the internal market.
  In some justified cases where the specificities of the national and regional healthcare systems and priorities need to be taken into account, a complementary assessment on certain aspects might be necessary. However, assessments that are not relevant for decisions in certain Member States could delay the implementation of innovative technologies and thus access of patients to beneficial innovative treatments. [Am. 14]

| (6) | While Member States have carried out some joint assessments within the framework of the EU co-funded joint actions. the production of output has been inefficient, relying on project-based cooperation in the absence of a sustainable model of cooperation. Use of the results of the

  Those assessments were carried out in three stages, under Article 15 of Directive 2011/24/EU of the European Parliament and of the Council
   (5)

  , and through three
  joint actions, including their joint clinical assessments, at Member State-level has remained low, meaning that the duplication of

  each with specific objectives and a specific budget: EUnetHTA 1, 2010 to 2012 (EUR 6 million); EUnetHTA 2, 2012 to 2015 (EUR 9,5 million); and EUnetHTA 3, launched in June 2016 with an end date of 2020 (EUR 20 million). Given the timescales for those actions and in the interests of continuity, this Regulation establishes a more sustainable way of ensuring the continuation of the
  joint assessments
  . The main outcomes of the cooperation to date include the ‘HTA Core Model’ assessment model, which provides a framework for HTA reports; a database for sharing projects that are planned, ongoing or recently published by individual agencies (POP database); a data- and knowledge base for the storage of information and the stage reached in the assessment of promising technologies, or
  on the same health technology by HTA authorities and bodies in different Member States within identical or similar timeframes has not been sufficiently addressed

  request for supplementary studies arising from the HTA; and a set of methodological guides and support tools for HTA agencies, including guidelines for adapting reports from one country to another
  . [Am. 15] |
| --- | --- |

(6)

While Member States have carried out some joint assessments within the framework of the EU co-funded joint actions. the production of output has been inefficient, relying on project-based cooperation in the absence of a sustainable model of cooperation. Use of the results of the

  Those assessments were carried out in three stages, under Article 15 of Directive 2011/24/EU of the European Parliament and of the Council
   (5)

  , and through three
  joint actions, including their joint clinical assessments, at Member State-level has remained low, meaning that the duplication of

  each with specific objectives and a specific budget: EUnetHTA 1, 2010 to 2012 (EUR 6 million); EUnetHTA 2, 2012 to 2015 (EUR 9,5 million); and EUnetHTA 3, launched in June 2016 with an end date of 2020 (EUR 20 million). Given the timescales for those actions and in the interests of continuity, this Regulation establishes a more sustainable way of ensuring the continuation of the
  joint assessments
  . The main outcomes of the cooperation to date include the ‘HTA Core Model’ assessment model, which provides a framework for HTA reports; a database for sharing projects that are planned, ongoing or recently published by individual agencies (POP database); a data- and knowledge base for the storage of information and the stage reached in the assessment of promising technologies, or
  on the same health technology by HTA authorities and bodies in different Member States within identical or similar timeframes has not been sufficiently addressed

  request for supplementary studies arising from the HTA; and a set of methodological guides and support tools for HTA agencies, including guidelines for adapting reports from one country to another
  . [Am. 15]

| (6a) | However, within the joint actions, the production of output has been inefficient and, in the absence of a sustainable model of cooperation, relying on project-based cooperation. Use of the results of the joint actions, including their joint clinical assessments, at Member State-level has remained low, meaning that the duplication of assessments on the same health technology by HTA authorities and bodies in different Member States within identical or similar timeframes has not been sufficiently addressed. [Am. 16] |
| --- | --- |

(6a)

However, within the joint actions, the production of output has been inefficient and, in the absence of a sustainable model of cooperation, relying on project-based cooperation. Use of the results of the joint actions, including their joint clinical assessments, at Member State-level has remained low, meaning that the duplication of assessments on the same health technology by HTA authorities and bodies in different Member States within identical or similar timeframes has not been sufficiently addressed. [Am. 16]

| (7) | The Council In its Conclusions of December 2014
  on innovation for the benefit of patients
   (6)

  , the Council
  acknowledged the key role of health technology assessment and

  as a health policy tool to support evidence-based, sustainable and equitable choices in health care and health technologies for the benefit of patients. The Council further
  called on the Commission to continue to support cooperation in a sustainable manner
  , and asked for joint work between Member States on HTA to be enhanced and for opportunities for cooperation on exchange of information between competent bodies to be explored
  .
  In addition, in its Conclusions of December 2015 on personalised medicine for patients, the Council invited Member States and the Commission to strengthen HTA methodologies applicable to personalised medicine, and the Council Conclusions of June 2016 on strengthening the balance in the pharmaceutical systems in the European Union and its Member States provided further evidence that Member States see clear added value in cooperation on HTA. The joint report of October 2016 of the Commission's DG for Economic and Financial Affairs and the Economic Policy Committee further called for enhanced European cooperation on HTA
  . [Am. 17] |
| --- | --- |

(7)

The Council In its Conclusions of December 2014
  on innovation for the benefit of patients
   (6)

  , the Council
  acknowledged the key role of health technology assessment and

  as a health policy tool to support evidence-based, sustainable and equitable choices in health care and health technologies for the benefit of patients. The Council further
  called on the Commission to continue to support cooperation in a sustainable manner
  , and asked for joint work between Member States on HTA to be enhanced and for opportunities for cooperation on exchange of information between competent bodies to be explored
  .
  In addition, in its Conclusions of December 2015 on personalised medicine for patients, the Council invited Member States and the Commission to strengthen HTA methodologies applicable to personalised medicine, and the Council Conclusions of June 2016 on strengthening the balance in the pharmaceutical systems in the European Union and its Member States provided further evidence that Member States see clear added value in cooperation on HTA. The joint report of October 2016 of the Commission's DG for Economic and Financial Affairs and the Economic Policy Committee further called for enhanced European cooperation on HTA
  . [Am. 17]

| (8) | The European Parliament, in its resolution of 2 March 2017 (7) on EU options for improving access to medicines called on the Commission to propose legislation on a European system for health technology assessment as soon as possible and to harmonise transparent health technology assessment criteria in order to assess the added therapeutic value of medicines

  and relative effectiveness of health technologies compared with the best available alternative that takes into account the level of innovation and benefit for patients
  . [Am. 18] |
| --- | --- |

(8)

The European Parliament, in its resolution of 2 March 2017 (7) on EU options for improving access to medicines called on the Commission to propose legislation on a European system for health technology assessment as soon as possible and to harmonise transparent health technology assessment criteria in order to assess the added therapeutic value of medicines

  and relative effectiveness of health technologies compared with the best available alternative that takes into account the level of innovation and benefit for patients
  . [Am. 18]

| (9) | In its 2015 Communication on upgrading the single market, (8) the Commission declared its intention to introduce an initiative on HTA to increase coordination in order to avoid multiple assessments of a product in different Member States and improve the functioning of the Single Market for health technologies. |
| --- | --- |

(9)

In its 2015 Communication on upgrading the single market, (8) the Commission declared its intention to introduce an initiative on HTA to increase coordination in order to avoid multiple assessments of a product in different Member States and improve the functioning of the Single Market for health technologies.

| (10) | In order to ensure a better functioning of the internal market and contribute to a high level of human health protection it is appropriate to approximate the rules on carrying out clinical assessments at national level and clinical assessments of certain health technologies at Union level, and which also support the continuation of voluntary cooperation between Member States on certain aspects of HTA.
  That approximation should guarantee the highest quality standards and be aligned to best available practice. It should not stimulate a convergence towards the lowest common denominator nor force HTA bodies with more expertise and higher standards to accept lower requirements. It should rather lead to an improvement of the HTA capacity and quality at the national and regional level. [Am. 19] |
| --- | --- |

(10)

In order to ensure a better functioning of the internal market and contribute to a high level of human health protection it is appropriate to approximate the rules on carrying out clinical assessments at national level and clinical assessments of certain health technologies at Union level, and which also support the continuation of voluntary cooperation between Member States on certain aspects of HTA.
  That approximation should guarantee the highest quality standards and be aligned to best available practice. It should not stimulate a convergence towards the lowest common denominator nor force HTA bodies with more expertise and higher standards to accept lower requirements. It should rather lead to an improvement of the HTA capacity and quality at the national and regional level. [Am. 19]

| (11) | In accordance with Article 168(7) of the Treaty on the Functioning of the European Union (TFEU), the Member States remain responsible for the organisation and delivery of their healthcare. As such, it is appropriate to limit the scope of Union rules to those aspects of HTA that relate to the clinical assessment of a health technology., and in particular, to ensure that the

  The joint clinical
  assessment conclusions are confined to findings relating

  provided for by this Regulation constitutes a scientific analysis of the relative effects of health technology on efficacy, safety and effectiveness, commonly referred to as clinical outcomes, that is evaluated in relation
  to the comparative effectiveness of a health technology

  indicators currently deemed appropriate and chosen groups or subgroups of patients, taking into account the HTA Core Model criteria. It will include consideration of the degree of certainty on the relative outcomes, based on the available evidence
  . The outcome of such
  joint clinical
  assessments should not therefore affect the discretion of Member States in relation to subsequent decisions on pricing and reimbursement of health technologies, including the fixing of criteria for such pricing and reimbursement which may depend on both clinical and non-clinical considerations, and which remain solely a matter of national competence.
  The assessment conducted by each Member State as part of its national appraisal therefore falls outside the scope of this Regulation. [Am. 20] |
| --- | --- |

(11)

In accordance with Article 168(7) of the Treaty on the Functioning of the European Union (TFEU), the Member States remain responsible for the organisation and delivery of their healthcare. As such, it is appropriate to limit the scope of Union rules to those aspects of HTA that relate to the clinical assessment of a health technology., and in particular, to ensure that the

  The joint clinical
  assessment conclusions are confined to findings relating

  provided for by this Regulation constitutes a scientific analysis of the relative effects of health technology on efficacy, safety and effectiveness, commonly referred to as clinical outcomes, that is evaluated in relation
  to the comparative effectiveness of a health technology

  indicators currently deemed appropriate and chosen groups or subgroups of patients, taking into account the HTA Core Model criteria. It will include consideration of the degree of certainty on the relative outcomes, based on the available evidence
  . The outcome of such
  joint clinical
  assessments should not therefore affect the discretion of Member States in relation to subsequent decisions on pricing and reimbursement of health technologies, including the fixing of criteria for such pricing and reimbursement which may depend on both clinical and non-clinical considerations, and which remain solely a matter of national competence.
  The assessment conducted by each Member State as part of its national appraisal therefore falls outside the scope of this Regulation. [Am. 20]

| (12) | In order to ensure a wide application of harmonised rules
  and to foster collaboration among Member States
  on clinical aspects of HTA and enable pooling of expertise and resources across HTA bodies
  , thereby reducing waste and ineffectiveness in healthcare
  , it is appropriate to require joint clinical assessments to be carried out for all medicinal products undergoing the central marketing authorisation procedure provided for under Regulation (EC) No 726/2004 of the European Parliament and of the Council (9), which incorporate a new active substance, and where those medicinal products are subsequently authorised for a new therapeutic indication. Joint clinical assessments should also be carried out on certain medical devices within the meaning of Regulation (EU) 2017/745 of the European Parliament and of the Council (10)
  which are in the highest risk classes and for which the relevant expert panels have provided their opinions or views. A selection of medical devices for joint clinical assessment should be made based on specific criteria

  , given the need for greater
  clinical
  evidence concerning all of those new health technologies
  . [Am. 21] |
| --- | --- |

(12)

In order to ensure a wide application of harmonised rules
  and to foster collaboration among Member States
  on clinical aspects of HTA and enable pooling of expertise and resources across HTA bodies
  , thereby reducing waste and ineffectiveness in healthcare
  , it is appropriate to require joint clinical assessments to be carried out for all medicinal products undergoing the central marketing authorisation procedure provided for under Regulation (EC) No 726/2004 of the European Parliament and of the Council (9), which incorporate a new active substance, and where those medicinal products are subsequently authorised for a new therapeutic indication. Joint clinical assessments should also be carried out on certain medical devices within the meaning of Regulation (EU) 2017/745 of the European Parliament and of the Council (10)
  which are in the highest risk classes and for which the relevant expert panels have provided their opinions or views. A selection of medical devices for joint clinical assessment should be made based on specific criteria

  , given the need for greater
  clinical
  evidence concerning all of those new health technologies
  . [Am. 21]

| (13) | In order to ensure that joint clinical assessments carried out on health technologies remain accurate, and relevant
  , of high quality and based on the best scientific evidence available at any given time
  , it is appropriate to establish conditions

  a flexible, regulated procedure
  for the updating of assessments, in particular where

  when new evidence or
  additional data
  becomes
  available subsequent to the initial assessment has the potential to

  and such new evidence or additional data may augment the scientific evidence and thus
  increase the accuracy

  quality
  of the assessment. [Am. 22] |
| --- | --- |

(13)

In order to ensure that joint clinical assessments carried out on health technologies remain accurate, and relevant
  , of high quality and based on the best scientific evidence available at any given time
  , it is appropriate to establish conditions

  a flexible, regulated procedure
  for the updating of assessments, in particular where

  when new evidence or
  additional data
  becomes
  available subsequent to the initial assessment has the potential to

  and such new evidence or additional data may augment the scientific evidence and thus
  increase the accuracy

  quality
  of the assessment. [Am. 22]

| (14) | A coordination group composed of representatives from Member States' health technology assessment authorities and bodies should be established with responsibility
  and proven expertise
  for overseeing the carrying out of joint clinical assessments and other joint work
  within the scope of this Regulation. [Am. 23] |
| --- | --- |

(14)

A coordination group composed of representatives from Member States' health technology assessment authorities and bodies should be established with responsibility
  and proven expertise
  for overseeing the carrying out of joint clinical assessments and other joint work
  within the scope of this Regulation. [Am. 23]

| (15) | In order to ensure a Member-State led approach to joint clinical assessments and scientific consultations, Member States should designate national
  or regional
  HTA authorities and bodies which inform decision-making
  to conduct such assessments,
  as members of the Coordination Group. The designated authorities and bodies should ensure an appropriately high level of representation in the Coordination Group and technical expertise in its sub-groups, taking into account the need to provide

  possibility of providing
  expertise on the HTA of medicinal products and medical devices.
  The organisational structure should respect the distinctive mandates of the sub-groups conducting the joint clinical assessments and the joint scientific consultations. Any conflict of interest should be avoided. [Am. 24] |
| --- | --- |

(15)

In order to ensure a Member-State led approach to joint clinical assessments and scientific consultations, Member States should designate national
  or regional
  HTA authorities and bodies which inform decision-making
  to conduct such assessments,
  as members of the Coordination Group. The designated authorities and bodies should ensure an appropriately high level of representation in the Coordination Group and technical expertise in its sub-groups, taking into account the need to provide

  possibility of providing
  expertise on the HTA of medicinal products and medical devices.
  The organisational structure should respect the distinctive mandates of the sub-groups conducting the joint clinical assessments and the joint scientific consultations. Any conflict of interest should be avoided. [Am. 24]

| (15a) | Transparency and public awareness of the process is essential. All clinical data being evaluated should have therefore the highest level of transparency and public awareness in order to gain confidence in the system. In case there is confidential data for commercial reasons, the confidentiality needs to be clearly defined and justified and the confidential data well delimitated and protected. [Am. 25] |
| --- | --- |

(15a)

Transparency and public awareness of the process is essential. All clinical data being evaluated should have therefore the highest level of transparency and public awareness in order to gain confidence in the system. In case there is confidential data for commercial reasons, the confidentiality needs to be clearly defined and justified and the confidential data well delimitated and protected. [Am. 25]

| (16) | In order that the harmonised procedures fulfil their internal market objective
  and reach their aim of improving innovation and the quality of clinical evidence,
  Member States should be required to take full account of the results of joint clinical assessments and not repeat those assessments

  them
  .
  According to national needs, Member States should have the right to complement the joint clinical assessments with additional clinical evidence and analyses to account for differences in comparators or the national specific treatment setting. Such complementary clinical assessments should be duly justified and proportionate and should be notified to the Commission and the Coordination Group. In addition,
  compliance with this obligation does not prevent Member States from carrying out non-clinical assessments on the same health technology, or from drawing conclusions on the
  clinical
  added value of the technologies concerned as part of national appraisal processes which may consider clinical as well as
  the
  non-clinical data and criteria
  specific to the Member State concerned, at national and/or regional level
  . It also does not prevent Member States from forming their own recommendations or decisions on pricing or reimbursement. [Am. 26] |
| --- | --- |

(16)

In order that the harmonised procedures fulfil their internal market objective
  and reach their aim of improving innovation and the quality of clinical evidence,
  Member States should be required to take full account of the results of joint clinical assessments and not repeat those assessments

  them
  .
  According to national needs, Member States should have the right to complement the joint clinical assessments with additional clinical evidence and analyses to account for differences in comparators or the national specific treatment setting. Such complementary clinical assessments should be duly justified and proportionate and should be notified to the Commission and the Coordination Group. In addition,
  compliance with this obligation does not prevent Member States from carrying out non-clinical assessments on the same health technology, or from drawing conclusions on the
  clinical
  added value of the technologies concerned as part of national appraisal processes which may consider clinical as well as
  the
  non-clinical data and criteria
  specific to the Member State concerned, at national and/or regional level
  . It also does not prevent Member States from forming their own recommendations or decisions on pricing or reimbursement. [Am. 26]

| (16a) | In order for the clinical assessment to be used for the purposes of the national reimbursement decision, it should ideally concern the population for which the drug would be reimbursed in a given Member State. [Am. 27] |
| --- | --- |

(16a)

In order for the clinical assessment to be used for the purposes of the national reimbursement decision, it should ideally concern the population for which the drug would be reimbursed in a given Member State. [Am. 27]

| (17) | The time-frame for joint clinical assessments for medicinal products should, in as far as possible, be fixed by reference to the time-frame applicable to the completion of the central marketing authorisation procedure provided for under Regulation (EC) No 726/2004. Such coordination should ensure clinical assessments can effectively facilitate market access and contribute to the timely availability of innovative technologies for patients. As a rule, the process should be completed by the time of the publication of the Commission decision granting marketing authorisation.
  [Am. 28] |
| --- | --- |

(17)

The time-frame for joint clinical assessments for medicinal products should, in as far as possible, be fixed by reference to the time-frame applicable to the completion of the central marketing authorisation procedure provided for under Regulation (EC) No 726/2004. Such coordination should ensure clinical assessments can effectively facilitate market access and contribute to the timely availability of innovative technologies for patients. As a rule, the process should be completed by the time of the publication of the Commission decision granting marketing authorisation.
  [Am. 28]

| (17a) | The joint scientific consultation, when addressing orphan medicinal products, has to ensure that any new approach should not result in unnecessary delays for the orphan medicinal products assessment compared to the current situation and taking into account the pragmatic approach undergone through the EUnetHTA. [Am. 29] |
| --- | --- |

(17a)

The joint scientific consultation, when addressing orphan medicinal products, has to ensure that any new approach should not result in unnecessary delays for the orphan medicinal products assessment compared to the current situation and taking into account the pragmatic approach undergone through the EUnetHTA. [Am. 29]

| (18) | The establishment of a time-frame for the joint clinical assessments for medical devices

  health technologies
  should take into account the highly decentralised market access pathway

  time-frames set out in Regulation (EC) No 726/2004 for completing the centralised procedure for authorising medicines and the CE conformity marking
  for medical devices and

  provided for in Regulation (EU) 2017/745 and the CE conformity marking for in vitro diagnostic medical devices provided for in Regulation (EU) 2017/746 of the European Parliament and of the Council
   (11)

  . In any event, those assessments must take into account
  the availability of appropriate
  scientific
  evidence data

  and supporting data in the quantity
  required to carry out a joint clinical assessment, As the required evidence may only become available after a medical device has been placed on the market and in order to allow for the selection of medical devices for joint clinical assessment at an appropriate time, it and should be possible for assessments of such devices to take place following market launch of medical devices

  in a time-frame as close as possible to their marketing authorisation, in the case of medicines, and, in any case, without unjustified and unnecessary delay. [Am. 30] |
| --- | --- |

(18)

The establishment of a time-frame for the joint clinical assessments for medical devices

  health technologies
  should take into account the highly decentralised market access pathway

  time-frames set out in Regulation (EC) No 726/2004 for completing the centralised procedure for authorising medicines and the CE conformity marking
  for medical devices and

  provided for in Regulation (EU) 2017/745 and the CE conformity marking for in vitro diagnostic medical devices provided for in Regulation (EU) 2017/746 of the European Parliament and of the Council
   (11)

  . In any event, those assessments must take into account
  the availability of appropriate
  scientific
  evidence data

  and supporting data in the quantity
  required to carry out a joint clinical assessment, As the required evidence may only become available after a medical device has been placed on the market and in order to allow for the selection of medical devices for joint clinical assessment at an appropriate time, it and should be possible for assessments of such devices to take place following market launch of medical devices

  in a time-frame as close as possible to their marketing authorisation, in the case of medicines, and, in any case, without unjustified and unnecessary delay. [Am. 30]

| (19) | In all cases

  any event
  the joint work carried out under this Regulation, in particular the joint clinical assessments, should produce high quality and timely results, and not delay or interfere

  without delaying or interfering
  with the CE marking of medical devices or market access of health technologies. This work should be separate and distinct from regulatory assessments of the safety, quality, efficacy or performance of health technologies carried out pursuant to other Union legislation and have no bearing on decisions taken in accordance with other Union legislation. [Am. 31] |
| --- | --- |

(19)

In all cases

  any event
  the joint work carried out under this Regulation, in particular the joint clinical assessments, should produce high quality and timely results, and not delay or interfere

  without delaying or interfering
  with the CE marking of medical devices or market access of health technologies. This work should be separate and distinct from regulatory assessments of the safety, quality, efficacy or performance of health technologies carried out pursuant to other Union legislation and have no bearing on decisions taken in accordance with other Union legislation. [Am. 31]

| (19a) | HTA work covered under this Regulation should be separate and distinct from regulatory assessments of the safety and efficacy of health technologies carried out pursuant to other Union legislative acts and should have no bearing on other aspects falling outside the scope of this Regulation adopted in accordance with other Union legislative acts. [Am. 32] |
| --- | --- |

(19a)

HTA work covered under this Regulation should be separate and distinct from regulatory assessments of the safety and efficacy of health technologies carried out pursuant to other Union legislative acts and should have no bearing on other aspects falling outside the scope of this Regulation adopted in accordance with other Union legislative acts. [Am. 32]

| (19b) | In the case of orphan medicinal products, the joint report should not re-assess the criteria of the orphan designation. However, assessors and co-assessors should have full access to the data used by the authorities responsible for granting the marketing authorisation of a medicinal product, as well as the possibility of using or generating additional relevant data for the purpose of assessing a medicinal product in the context of a joint clinical assessment. [Am. 33] |
| --- | --- |

(19b)

In the case of orphan medicinal products, the joint report should not re-assess the criteria of the orphan designation. However, assessors and co-assessors should have full access to the data used by the authorities responsible for granting the marketing authorisation of a medicinal product, as well as the possibility of using or generating additional relevant data for the purpose of assessing a medicinal product in the context of a joint clinical assessment. [Am. 33]

| (19c) | Regulation (EU) 2017/745 concerning medical devices and Regulation (EU) 2017/746 concerning in vitro diagnostic medical devices provide for the authorisation of such devices on the basis of the principles of transparency and safety and not on efficacy. However, the gradual increase in the supply of medical devices to address clinical conditions has heralded a paradigm shift towards a new model in which the market is highly fragmented, innovation is chiefly incremental and clinical evidence is lacking, which means that closer cooperation and more frequent exchanges of information between assessment bodies are needed. It is therefore necessary to move towards a centralised authorisation system that assesses devices on the basis of safety, efficacy and quality. It is also one of the areas in which Member States are calling for greater collaboration via a future European HTA. Currently 20 Member States, together with Norway, have HTA systems for medical devices in place and 12 Member States, together with Norway, have established guidelines and are engaging in initial dialogues. EUnetHTA has been conducting high-quality evaluations of the relative efficacy of medical devices based on a methodology that can be taken as a benchmark for this Regulation. [Am. 34] |
| --- | --- |

(19c)

Regulation (EU) 2017/745 concerning medical devices and Regulation (EU) 2017/746 concerning in vitro diagnostic medical devices provide for the authorisation of such devices on the basis of the principles of transparency and safety and not on efficacy. However, the gradual increase in the supply of medical devices to address clinical conditions has heralded a paradigm shift towards a new model in which the market is highly fragmented, innovation is chiefly incremental and clinical evidence is lacking, which means that closer cooperation and more frequent exchanges of information between assessment bodies are needed. It is therefore necessary to move towards a centralised authorisation system that assesses devices on the basis of safety, efficacy and quality. It is also one of the areas in which Member States are calling for greater collaboration via a future European HTA. Currently 20 Member States, together with Norway, have HTA systems for medical devices in place and 12 Member States, together with Norway, have established guidelines and are engaging in initial dialogues. EUnetHTA has been conducting high-quality evaluations of the relative efficacy of medical devices based on a methodology that can be taken as a benchmark for this Regulation. [Am. 34]

| (20) | In order to facilitate effective participation by Health technology developers in joint clinical assessments, such developers should, in appropriate cases, be afforded an opportunity to engage in

  can conduct
  joint scientific consultations with the Coordination Group
  or working groups set up for this purpose and composed of professionals from national or regional assessment bodies
  to obtain guidance on the
  clinical needs of research and the optimal design of studies to obtain the best possible
  evidence and data that is likely to be required for the purposes of clinical assessment

  maximise research efficiency
  . Given the preliminary nature of the consultation, any guidance offered should not bind either the health technology developers or HTA authorities and bodies. [Am. 35] |
| --- | --- |

(20)

In order to facilitate effective participation by Health technology developers in joint clinical assessments, such developers should, in appropriate cases, be afforded an opportunity to engage in

  can conduct
  joint scientific consultations with the Coordination Group
  or working groups set up for this purpose and composed of professionals from national or regional assessment bodies
  to obtain guidance on the
  clinical needs of research and the optimal design of studies to obtain the best possible
  evidence and data that is likely to be required for the purposes of clinical assessment

  maximise research efficiency
  . Given the preliminary nature of the consultation, any guidance offered should not bind either the health technology developers or HTA authorities and bodies. [Am. 35]

| (20a) | Joint scientific consultations should concern the clinical study design, the determination of best comparators based on the best medical practice in the interest of patients. The consultation process should be transparent. [Am. 36] |
| --- | --- |

(20a)

Joint scientific consultations should concern the clinical study design, the determination of best comparators based on the best medical practice in the interest of patients. The consultation process should be transparent. [Am. 36]

| (21) | Joint clinical assessments and Joint scientific consultations
  could
  necessitate the sharing of
  commercially
  confidential information between health technology developers and HTA authorities and bodies. In order to ensure the protection of such information, information provided to the Coordination Group in the framework of assessments and consultations should only be disclosed to a third party after a confidentiality agreement has been concluded. In addition, it is necessary for any information made public about the results of joint scientific consultations to be presented in an anonymised format with the redaction of any information of a commercially sensitive nature. [Am. 37] |
| --- | --- |

(21)

Joint clinical assessments and Joint scientific consultations
  could
  necessitate the sharing of
  commercially
  confidential information between health technology developers and HTA authorities and bodies. In order to ensure the protection of such information, information provided to the Coordination Group in the framework of assessments and consultations should only be disclosed to a third party after a confidentiality agreement has been concluded. In addition, it is necessary for any information made public about the results of joint scientific consultations to be presented in an anonymised format with the redaction of any information of a commercially sensitive nature. [Am. 37]

| (21a) | Joint clinical assessments necessitate all available clinical data and publicly available scientific evidence from health technology developers. The clinical data employed, the studies, the methodology and the clinical results used should be made public. The highest possible level of public openness in scientific data and assessments will allow progress to be made in biomedical research and ensure the highest possible level of confidence in the system. Where commercially sensitive data is shared, the confidentiality of such data should be protected by presenting it in an anonymised format with the redaction of reports before publication, preserving the public interest. [Am. 38] |
| --- | --- |

(21a)

Joint clinical assessments necessitate all available clinical data and publicly available scientific evidence from health technology developers. The clinical data employed, the studies, the methodology and the clinical results used should be made public. The highest possible level of public openness in scientific data and assessments will allow progress to be made in biomedical research and ensure the highest possible level of confidence in the system. Where commercially sensitive data is shared, the confidentiality of such data should be protected by presenting it in an anonymised format with the redaction of reports before publication, preserving the public interest. [Am. 38]

| (21b) | According to the European Ombudsman, where information in a document has implications for the health of individuals (such as information on the efficacy of a medicine), the public interest in disclosure of that information will generally defeat any claim of commercial sensitivity. Public health should always prevail over commercial interests. [Am. 39] |
| --- | --- |

(21b)

According to the European Ombudsman, where information in a document has implications for the health of individuals (such as information on the efficacy of a medicine), the public interest in disclosure of that information will generally defeat any claim of commercial sensitivity. Public health should always prevail over commercial interests. [Am. 39]

| (22) | In order to ensure the efficient use of available resources, it is appropriate to provide for ‘horizon scanning’, to allow the early identification of emerging health technologies that are likely to have the most impact on patients, public health and healthcare systems
  , as well as to steer research strategically
  . Such scanning should facilitate the prioritisation of technologies that are to be selected
  by the Coordination Group
  for joint clinical assessment. [Am. 40] |
| --- | --- |

(22)

In order to ensure the efficient use of available resources, it is appropriate to provide for ‘horizon scanning’, to allow the early identification of emerging health technologies that are likely to have the most impact on patients, public health and healthcare systems
  , as well as to steer research strategically
  . Such scanning should facilitate the prioritisation of technologies that are to be selected
  by the Coordination Group
  for joint clinical assessment. [Am. 40]

| (23) | The Union should continue to support voluntary cooperation on HTA between Member States in
  other
  areas such as in the development and implementation of vaccination programmes, and capacity building of national HTA systems. Such voluntary cooperation should also facilitate synergies with initiatives under the digital single market strategy in relevant digital and data-driven areas of health and care with a view to the provision of additional real world evidence relevant for HTA. [Am. 41] |
| --- | --- |

(23)

The Union should continue to support voluntary cooperation on HTA between Member States in
  other
  areas such as in the development and implementation of vaccination programmes, and capacity building of national HTA systems. Such voluntary cooperation should also facilitate synergies with initiatives under the digital single market strategy in relevant digital and data-driven areas of health and care with a view to the provision of additional real world evidence relevant for HTA. [Am. 41]

| (24) | In order to ensure the inclusiveness and transparency of the joint work, the Coordination Group should engage and consult widely with interested parties and stakeholders. However, In order to preserve the integrity

  objectivity, transparency and quality
  of the joint work, rules should be developed to ensure the independence,
  public openness
  and impartiality of the joint work and ensure that such consultation does not give rise to any conflicts of interest. [Am. 42] |
| --- | --- |

(24)

In order to ensure the inclusiveness and transparency of the joint work, the Coordination Group should engage and consult widely with interested parties and stakeholders. However, In order to preserve the integrity

  objectivity, transparency and quality
  of the joint work, rules should be developed to ensure the independence,
  public openness
  and impartiality of the joint work and ensure that such consultation does not give rise to any conflicts of interest. [Am. 42]

| (24a) | Dialogue between the Coordination Group and patient organisations, consumer organisations, health non-governmental organisations, health experts and professionals should be ensured, especially through a stakeholder network, with a guarantee of the independence, transparency and impartiality of the decisions taken. [Am. 43] |
| --- | --- |

(24a)

Dialogue between the Coordination Group and patient organisations, consumer organisations, health non-governmental organisations, health experts and professionals should be ensured, especially through a stakeholder network, with a guarantee of the independence, transparency and impartiality of the decisions taken. [Am. 43]

| (24b) | In order to ensure efficient decision-making and facilitate access to medicines, an appropriated cooperation between decision-makers at key stages of the medicines’ life-cycle is important. [Am. 44] |
| --- | --- |

(24b)

In order to ensure efficient decision-making and facilitate access to medicines, an appropriated cooperation between decision-makers at key stages of the medicines’ life-cycle is important. [Am. 44]

| (25) | In order to ensure a uniform approach to the joint work provided for in this Regulation, implementing powers

  the Coordination Group, composed of national and/or regional authorities and bodies responsible for health technology assessment, with proven capacity, independence and impartiality,
  should be conferred on

  draw up the methodology for ensuring high quality of work as a whole.
  The Commission to establish

  should endorse, by means of implementing acts, that methodology and
  a common procedural and methodological framework for clinical assessments, procedures for joint clinical assessments and procedures for joint scientific consultations. Where appropriate
  , and in justified cases
  , distinct rules should be developed for medicinal products and medical devices. In the development of such rules, the Commission should take into account the results of the work already undertaken in the EUnetHTA Joint Actions, It should also take into account

  and in particular the methodological guidelines and evidence submission templates,
  initiatives on HTA funded through the Horizon 2020 research programme, as well as regional initiatives on HTA such as the Beneluxa and Valletta Declaration initiatives
  should be taken into account
  . Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (12). [Am. 45] |
| --- | --- |

(25)

In order to ensure a uniform approach to the joint work provided for in this Regulation, implementing powers

  the Coordination Group, composed of national and/or regional authorities and bodies responsible for health technology assessment, with proven capacity, independence and impartiality,
  should be conferred on

  draw up the methodology for ensuring high quality of work as a whole.
  The Commission to establish

  should endorse, by means of implementing acts, that methodology and
  a common procedural and methodological framework for clinical assessments, procedures for joint clinical assessments and procedures for joint scientific consultations. Where appropriate
  , and in justified cases
  , distinct rules should be developed for medicinal products and medical devices. In the development of such rules, the Commission should take into account the results of the work already undertaken in the EUnetHTA Joint Actions, It should also take into account

  and in particular the methodological guidelines and evidence submission templates,
  initiatives on HTA funded through the Horizon 2020 research programme, as well as regional initiatives on HTA such as the Beneluxa and Valletta Declaration initiatives
  should be taken into account
  . Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (12). [Am. 45]

| (25a) | The methodological framework, in accordance with the Declaration of Helsinki, should guarantee high quality and high clinical evidence by choosing the most appropriate benchmarks. It should be based on high standards of quality, the best available scientific evidence, stemming primarily from double-blind randomised clinical trials, meta-analysis and systematic reviews; and should take into account clinical criteria that are useful, relevant, tangible, concrete and tailored to suit the given clinical situation, with preference given to end points. The documentation to be provided by the applicant should relate to the most up-to-date and public data. [Am. 46] |
| --- | --- |

(25a)

The methodological framework, in accordance with the Declaration of Helsinki, should guarantee high quality and high clinical evidence by choosing the most appropriate benchmarks. It should be based on high standards of quality, the best available scientific evidence, stemming primarily from double-blind randomised clinical trials, meta-analysis and systematic reviews; and should take into account clinical criteria that are useful, relevant, tangible, concrete and tailored to suit the given clinical situation, with preference given to end points. The documentation to be provided by the applicant should relate to the most up-to-date and public data. [Am. 46]

| (25b) | Any specificities in the methodology, such as for vaccines, should be justified and adapted to very specific circumstances, should have the same scientific rigour and the same scientific standards, and should never be to the detriment of the quality of health technologies or clinical evidence. [Am. 47] |
| --- | --- |

(25b)

Any specificities in the methodology, such as for vaccines, should be justified and adapted to very specific circumstances, should have the same scientific rigour and the same scientific standards, and should never be to the detriment of the quality of health technologies or clinical evidence. [Am. 47]

| (25c) | The Commission should provide administrative support for the joint work of the Coordination Group, which, after consultation with the stakeholders, should submit the final report on this work. [Am. 48] |
| --- | --- |

(25c)

The Commission should provide administrative support for the joint work of the Coordination Group, which, after consultation with the stakeholders, should submit the final report on this work. [Am. 48]

| (26) | In order to ensure that this Regulation is fully operational and to adapt it to technical and scientific development, 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 contents of documents to be submitted, reports, and summary reports of

  should adopt implementing acts on procedural rules for the joint
  clinical assessments, the contents of documents for requests, and reports of joint scientific consultations, and the rules for selecting stakeholders. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. (13)
  In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should be granted access to meetings of Commission expert groups dealing with the preparation of delegated acts.
  [Am. 49] |
| --- | --- |

(26)

In order to ensure that this Regulation is fully operational and to adapt it to technical and scientific development, 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 contents of documents to be submitted, reports, and summary reports of

  should adopt implementing acts on procedural rules for the joint
  clinical assessments, the contents of documents for requests, and reports of joint scientific consultations, and the rules for selecting stakeholders. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. (13)
  In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should be granted access to meetings of Commission expert groups dealing with the preparation of delegated acts.
  [Am. 49]

| (27) | In order to ensure that sufficient resources are available for the joint work
  and stable administrative support
  provided for under this Regulation, the Union should provide

  ensure stable and permanent public
  funding
  under the Multiannual Financial Framework
  for the joint work and voluntary cooperation, and

  as well as
  for the support framework to support these activities. The funding should cover the costs of producing joint clinical assessment and joint scientific consultation reports. Member States should also have the possibility to second national experts to the Commission in order to support the secretariat of the Coordination Group.
  The Commission should establish a system of charges for health technology developers requesting both joint scientific consultations and joint clinical assessments for research on unmet medical needs. Under no event can those fees be used to fund the joint work provided for in this Regulation. [Am. 50] |
| --- | --- |

(27)

In order to ensure that sufficient resources are available for the joint work
  and stable administrative support
  provided for under this Regulation, the Union should provide

  ensure stable and permanent public
  funding
  under the Multiannual Financial Framework
  for the joint work and voluntary cooperation, and

  as well as
  for the support framework to support these activities. The funding should cover the costs of producing joint clinical assessment and joint scientific consultation reports. Member States should also have the possibility to second national experts to the Commission in order to support the secretariat of the Coordination Group.
  The Commission should establish a system of charges for health technology developers requesting both joint scientific consultations and joint clinical assessments for research on unmet medical needs. Under no event can those fees be used to fund the joint work provided for in this Regulation. [Am. 50]

| (28) | In order to facilitate the joint work and the exchange of information between Member States on HTA, provision should be made for the establishment of an IT platform that contains appropriate databases and secure channels for communication
  , as well as all information on the procedure, methodology, training and interests of assessors of and participants in the stakeholder network, and the reports and results of the joint work, which should be made public
  . The Commission should also ensure a link between the IT platform and other data infrastructures relevant for the purposes of HTA such as registries of real world data. [Am. 51] |
| --- | --- |

(28)

In order to facilitate the joint work and the exchange of information between Member States on HTA, provision should be made for the establishment of an IT platform that contains appropriate databases and secure channels for communication
  , as well as all information on the procedure, methodology, training and interests of assessors of and participants in the stakeholder network, and the reports and results of the joint work, which should be made public
  . The Commission should also ensure a link between the IT platform and other data infrastructures relevant for the purposes of HTA such as registries of real world data. [Am. 51]

| (28a) | Cooperation should be based on the principle of good governance, which encompasses transparency, objectivity, independent experience and fair procedures. Trust is a precondition for successful cooperation and can only be achieved if all stakeholders make genuine commitments and if there is access to high-quality experience, capacity-building and the highest quality of execution. [Am. 52] |
| --- | --- |

(28a)

Cooperation should be based on the principle of good governance, which encompasses transparency, objectivity, independent experience and fair procedures. Trust is a precondition for successful cooperation and can only be achieved if all stakeholders make genuine commitments and if there is access to high-quality experience, capacity-building and the highest quality of execution. [Am. 52]

| (28b) | Since there is currently no commonly agreed definition of what constitutes high-quality innovation or added therapeutic value, the Union should adopt definitions of these terms with the agreement or consensus of all parties. [Am. 53] |
| --- | --- |

(28b)

Since there is currently no commonly agreed definition of what constitutes high-quality innovation or added therapeutic value, the Union should adopt definitions of these terms with the agreement or consensus of all parties. [Am. 53]

| (29) | In order to ensure the smooth establishment and operation of Union-level joint assessments, as well as to safeguard their quality, it is appropriate to provide for a transitional period allowing a progressive expansion of the number of joint assessments carried out annually. The number of assessments to be carried out should be determined with due regard for the resources available and the number of Member States participating with a view to reaching full capacity by the end of the transitional period. The establishment of such a transitional period should also afford Member States an opportunity to fully align their national systems with the framework for joint work in terms of resource allocation, timing, and prioritisation of assessments. |
| --- | --- |

(29)

In order to ensure the smooth establishment and operation of Union-level joint assessments, as well as to safeguard their quality, it is appropriate to provide for a transitional period allowing a progressive expansion of the number of joint assessments carried out annually. The number of assessments to be carried out should be determined with due regard for the resources available and the number of Member States participating with a view to reaching full capacity by the end of the transitional period. The establishment of such a transitional period should also afford Member States an opportunity to fully align their national systems with the framework for joint work in terms of resource allocation, timing, and prioritisation of assessments.

| (30) | During the transitional period, participation in joint clinical assessments and joint scientific consultations should not be mandatory for Member States. This should not affect the obligation of Member States to apply harmonised rules to clinical assessments carried out at a national level.

  Moreover,
  during the transitional period, Member States not participating in the joint work may at any time decide to participate. In order to ensure a stable and smooth organisation of the joint work and the functioning of the internal market, Members States which are already participating should not be allowed to withdraw from the framework for joint work.
  Clinical assessments which have started in Member States before the application of this Regulation should be continued, unless Member States decide to stop them. [Am. 54] |
| --- | --- |

(30)

During the transitional period, participation in joint clinical assessments and joint scientific consultations should not be mandatory for Member States. This should not affect the obligation of Member States to apply harmonised rules to clinical assessments carried out at a national level.

  Moreover,
  during the transitional period, Member States not participating in the joint work may at any time decide to participate. In order to ensure a stable and smooth organisation of the joint work and the functioning of the internal market, Members States which are already participating should not be allowed to withdraw from the framework for joint work.
  Clinical assessments which have started in Member States before the application of this Regulation should be continued, unless Member States decide to stop them. [Am. 54]

| (31) | In order to ensure that the support framework continues to be as efficient and cost-effective as possible

  After the transitional period and before the harmonised system for HTA established under this Regulation becomes mandatory
  , the Commission should
  submit an impact assessment
  report on the implementation

  whole
  of the provisions on

  procedure that has been introduced. That impact assessment report should evaluate, among other criteria, the progress made in relation to patients access to new health technologies and the functioning of the internal market, the impact on the quality of innovation and on the sustainability of health systems, as well as the appropriateness of
  the scope of the joint clinical assessments and on the functioning of the support framework. no later than two years after the end of the transitional period. The report may in particular consider whether there is a need to move this support framework to a Union agency and introduce a fee-paying mechanism through which health technology developers would also contribute to the financing of the joint work. [Am. 55] |
| --- | --- |

(31)

In order to ensure that the support framework continues to be as efficient and cost-effective as possible

  After the transitional period and before the harmonised system for HTA established under this Regulation becomes mandatory
  , the Commission should
  submit an impact assessment
  report on the implementation

  whole
  of the provisions on

  procedure that has been introduced. That impact assessment report should evaluate, among other criteria, the progress made in relation to patients access to new health technologies and the functioning of the internal market, the impact on the quality of innovation and on the sustainability of health systems, as well as the appropriateness of
  the scope of the joint clinical assessments and on the functioning of the support framework. no later than two years after the end of the transitional period. The report may in particular consider whether there is a need to move this support framework to a Union agency and introduce a fee-paying mechanism through which health technology developers would also contribute to the financing of the joint work. [Am. 55]

| (32) | The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making of 13 April 2016, that evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and EU added value and should be supported by a monitoring programme.
  The results of that evaluation should also be communicated to the European Parliament and Council. [Am. 56] |
| --- | --- |

(32)

The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making of 13 April 2016, that evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and EU added value and should be supported by a monitoring programme.
  The results of that evaluation should also be communicated to the European Parliament and Council. [Am. 56]

| (33) | Directive 2011/24/EU provides that the Union is to support and facilitate cooperation and the exchange of scientific information among Member States within a voluntary network connecting national authorities or bodies responsible for health technology assessment designated by the Member States. As those matters are governed by this Regulation, Directive 2011/24/EU should be amended accordingly. |
| --- | --- |

(33)

Directive 2011/24/EU provides that the Union is to support and facilitate cooperation and the exchange of scientific information among Member States within a voluntary network connecting national authorities or bodies responsible for health technology assessment designated by the Member States. As those matters are governed by this Regulation, Directive 2011/24/EU should be amended accordingly.

| (34) | Since the objectives of this Regulation, namely to approximate the rules of the Member States on carrying out clinical assessments at national level and establish a framework of mandatory joint clinical assessments of certain

  of the
  health technologies at Union level

  falling under the scope of this Regulation
  , cannot be sufficiently achieved by the Member States
  alone
  but can rather, by reason of their scale and effects, be better achieved at Union-level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective, [Am. 57] |
| --- | --- |

(34)

Since the objectives of this Regulation, namely to approximate the rules of the Member States on carrying out clinical assessments at national level and establish a framework of mandatory joint clinical assessments of certain

  of the
  health technologies at Union level

  falling under the scope of this Regulation
  , cannot be sufficiently achieved by the Member States
  alone
  but can rather, by reason of their scale and effects, be better achieved at Union-level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective, [Am. 57]

HAVE ADOPTED THIS REGULATION:

Chapter I

General Provisions

Article 1

Subject Matter

1.   
  Taking into account the results of the work already undertaken in the EUnetHTA Joint Actions,
  this Regulation establishes: [Am. 58]

| (a) | a support framework and procedures for cooperation on
  the clinical assessment of
  health technology assessment at Union level; [Am. 59] |
| --- | --- |

(a)

a support framework and procedures for cooperation on
  the clinical assessment of
  health technology assessment at Union level; [Am. 59]

| (b) | common rules

  methodologies
  for the clinical assessment of health technologies. [Am. 60] |
| --- | --- |

(b)

common rules

  methodologies
  for the clinical assessment of health technologies. [Am. 60]

2.   This Regulation shall not affect the rights and obligations of Member States with regard to the organisation and delivery of health services and medical care and the allocation of resources assigned to them.
  Furthermore, this Regulation shall not interfere with the exclusive national competence of Member States for national pricing or reimbursement decisions. [Am. 61]

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

| (a) | ‘medicinal product’ means a medicinal product for human use as defined in Directive 2001/83/EC of the European Parliament and of the Council (14); |
| --- | --- |

(a)

‘medicinal product’ means a medicinal product for human use as defined in Directive 2001/83/EC of the European Parliament and of the Council (14);

| (b) | ‘medical device’ means a medical device as defined in Regulation (EU) 2017/745; |
| --- | --- |

(b)

‘medical device’ means a medical device as defined in Regulation (EU) 2017/745;

| (ba) | ‘in vitro diagnostic medical device’ means an in vitro diagnostic medical device as defined in Regulation (EU) 2017/746; [Am. 62] |
| --- | --- |

(ba)

‘in vitro diagnostic medical device’ means an in vitro diagnostic medical device as defined in Regulation (EU) 2017/746; [Am. 62]

| (bb) | ‘assessment of a medical device’ means the assessment of a method composed of more than one medical device or a method composed of a medical device and a defined care chain of other treatments; [Am. 63] |
| --- | --- |

(bb)

‘assessment of a medical device’ means the assessment of a method composed of more than one medical device or a method composed of a medical device and a defined care chain of other treatments; [Am. 63]

| (c) | ‘health technology’ means a health technology as defined in Directive 2011/24/EU; |
| --- | --- |

(c)

‘health technology’ means a health technology as defined in Directive 2011/24/EU;

| (d) | ‘health technology assessment’ means a multidisciplinary comparative assessment process, based on clinical and non-clinical assessment domains, which compiles and evaluates the available evidence about the clinical and non-clinical issues related to the use of a health technology; |
| --- | --- |

(d)

‘health technology assessment’ means a multidisciplinary comparative assessment process, based on clinical and non-clinical assessment domains, which compiles and evaluates the available evidence about the clinical and non-clinical issues related to the use of a health technology;

| (e) | ‘
  joint
  clinical assessment’ means a compilation and evaluation of the available

  the systematic collection of
  scientific evidence on a

  information and its comparative evaluation and a synthesis of these procedures, the comparison of the
  health technology in comparison

  question
  with one or more other health technologies
  or existing procedures, constituting a benchmark for a particular clinical indication and,
  based on
  the best available clinical scientific evidence and on patient relevant clinical criteria, taking into account
  the following clinical domains of health technology assessment: the description of the health problem addressed by the health technology and the current use of other health technologies
  or procedures
  addressing that health problem, the description and technical characterisation of the health technology, the relative clinical effectiveness, and the relative safety of the health technology; [Am. 64] |
| --- | --- |

(e)

‘
  joint
  clinical assessment’ means a compilation and evaluation of the available

  the systematic collection of
  scientific evidence on a

  information and its comparative evaluation and a synthesis of these procedures, the comparison of the
  health technology in comparison

  question
  with one or more other health technologies
  or existing procedures, constituting a benchmark for a particular clinical indication and,
  based on
  the best available clinical scientific evidence and on patient relevant clinical criteria, taking into account
  the following clinical domains of health technology assessment: the description of the health problem addressed by the health technology and the current use of other health technologies
  or procedures
  addressing that health problem, the description and technical characterisation of the health technology, the relative clinical effectiveness, and the relative safety of the health technology; [Am. 64]

| (f) | ‘non-clinical assessment’ means the part of a health technology assessment based on the following non-clinical domains of health technology assessment: the cost and economic evaluation of a health technology, and ethical, organisational, social, and legal aspects related to its use; |
| --- | --- |

(f)

‘non-clinical assessment’ means the part of a health technology assessment based on the following non-clinical domains of health technology assessment: the cost and economic evaluation of a health technology, and ethical, organisational, social, and legal aspects related to its use;

| (g) | ‘collaborative assessment’ means a clinical assessment of a medical device carried out at Union level by a number of interested health technology assessment authorities and bodies participating on a voluntary basis; |
| --- | --- |

(g)

‘collaborative assessment’ means a clinical assessment of a medical device carried out at Union level by a number of interested health technology assessment authorities and bodies participating on a voluntary basis;

| (ga) | ‘appraisal’ means drawing conclusions on the added value of the technologies concerned as part of national appraisal processes which may consider clinical as well as non-clinical data and criteria in the national care context; [Am. 65] |
| --- | --- |

(ga)

‘appraisal’ means drawing conclusions on the added value of the technologies concerned as part of national appraisal processes which may consider clinical as well as non-clinical data and criteria in the national care context; [Am. 65]

| (gb) | ‘patient-relevant health outcomes’ means data that captures or predicts mortality, morbidity, health-related quality of life and adverse events. [Am. 202] |
| --- | --- |

(gb)

‘patient-relevant health outcomes’ means data that captures or predicts mortality, morbidity, health-related quality of life and adverse events. [Am. 202]

Article 3

The Member State Coordination Group on Health Technology Assessment

1.   The Member State Coordination Group on Health Technology Assessment (the ‘Coordination Group’) is hereby established.

2.   Member States shall designate their national
  or regional
  authorities and bodies responsible for health technology assessment as members

  at national level as members
  of the Coordination Group and its sub-groups and inform the Commission thereof and of any subsequent changes. Member States may designate more than one authority or body responsible for health technology assessment as members of the Coordination Group and one or more of its sub-groups. [Am. 66]

3.   The Coordination Group shall act by consensus, or, where necessary, vote by simple

  qualified
  majority. There shall be one vote per Member State.

Procedures undertaken by the Coordination Group shall be transparent with meeting minutes and votes documented and made publicly available, including any dissensions. [Am. 203]

4.   Meetings of the Coordination Group shall be co-chaired by the Commission
  , without the right to vote,
  and a co-chair elected from

  annually from among
  the members of the group for a set term to be determined in its rules of procedure

  on a rotating basis. Co-chairs shall perform purely administrative functions
  . [Am. 68]

5.   Members of the Coordination Group
  , being national or regional assessment authorities or bodies,
  shall appoint their representatives in the Coordination Group and the sub-groups in which they are members, on an ad-hoc or permanent basis. and inform

  . Member States may terminate such appointments where it is warranted by the requirements of the appointment. However, in view of the workload, the composition of sub-groups, or the specific knowledge required, there may be more than one expert assessor for each Member State, without prejudice to the principle that, for the purposes of decision-taking, each Member State shall have one vote only. The appointments shall take into account the expertise necessary in order to achieve the objectives of the sub-group. The European Parliament, the Council and
  the Commission of their

  , shall be informed of all appointments and possible terminations of
  appointment. and any subsequent changes. [Am. 69]

6.   
  In order to ensure high quality of work,
  members of the Coordination Group, and their appointed representatives shall
  be drawn from national or regional health technology assessment agencies or bodies responsible for that field.

  respect the principles of independence,

Members serving in the Coordination Group, and experts and assessors in general, shall not have financial interests in any type of health technology developer industry or insurance company that may affect their
  impartiality., and

  They shall undertake to act independently and in the public interest and shall make an annual declaration of interests. Those declarations of interests shall be recorded on the IT platform referred to in Article 27 and shall made accessible to the public.

At every meeting, members of the Coordination Group shall declare any specific interest that may be considered to adversely affect their independence in relation to agenda items. When a conflict of interest arises, the member of the Coordination Group concerned shall withdraw from the meeting whilst the relevant items of the agenda are being dealt with. The procedural rules for conflicts of interest shall be laid down in accordance with point (a)(iiia) of Article 22(1).

In order to ensure transparency and public awareness of the process and to promote confidence in the system, all clinical data being evaluated shall have the highest level of transparency and public communication. Where data is confidential for commercial reasons, its
  confidentiality
  shall be clearly defined and justified and the confidential data shall be well delimitated and protected
  . [Am. 70]

7.   The Commission shall publish a

  an up-to-date
  list of the designated members of the Coordination Group and its sub-groups
  and other experts, together with their qualifications and areas of expertise and their annual declaration of interest,
  on the IT platform referred to in Article 27.

The information referred to in the first subparagraph shall be updated by the Commission annually and whenever considered necessary in the light of possible new circumstances. Those updates shall be publicly accessible. [Am. 71]

8.   The Coordination Group shall:

| (a) | adopt rules of procedure for the conduct of its meetings and update them where necessary; |
| --- | --- |

(a)

adopt rules of procedure for the conduct of its meetings and update them where necessary;

| (b) | coordinate and approve the work of its sub-groups; |
| --- | --- |

(b)

coordinate and approve the work of its sub-groups;

| (c) | ensure cooperation

  cooperate
  with relevant Union level

  Union-level
  bodies to facilitate additional evidence generation necessary for its work; [Am. 72] |
| --- | --- |

(c)

ensure cooperation

  cooperate
  with relevant Union level

  Union-level
  bodies to facilitate additional evidence generation necessary for its work; [Am. 72]

| (d) | ensure appropriate involvement of

  consultation of relevant
  stakeholders in

  and experts when pursuing
  its work
  . Such consultations shall be documented, including publicly available declarations of interest from the stakeholders consulted and shall be incorporated in the final joint assessment report
  ; [Am. 73] |
| --- | --- |

(d)

ensure appropriate involvement of

  consultation of relevant
  stakeholders in

  and experts when pursuing
  its work
  . Such consultations shall be documented, including publicly available declarations of interest from the stakeholders consulted and shall be incorporated in the final joint assessment report
  ; [Am. 73]

| (e) | establish sub-groups for the following:






  (i) | joint clinical assessments; |
| --- | --- | --- |

(e)

establish sub-groups for the following:

(i)

joint clinical assessments;

| (ii) | joint scientific consultations; |
| --- | --- |

(ii)

joint scientific consultations;

| (iii) | identification of emerging health technologies; |
| --- | --- |

(iii)

identification of emerging health technologies;

| (iv) | voluntary cooperation; |
| --- | --- |

(iv)

voluntary cooperation;

| (v) | preparation of the annual work programmes and annual reports, and updates of the common rules and working documents. |
| --- | --- |

(v)

preparation of the annual work programmes and annual reports, and updates of the common rules and working documents.

9.   The Coordination Group may meet in different configurations for the following categories of health technology: medicinal products, medical devices, and other health technologies.

10.   The Coordination Group may establish separate sub-groups for the following categories of health technology: medicinal products, medical devices, and other health technologies.

10a.
     
  The rules of procedure of the Coordination Group and its sub-groups, the agendas for their meetings, the decisions adopted, and the details of votes and explanations of votes, including minority opinions, shall, in any event, be accessible to the public. [Am. 74]

Article 4

Annual Work Programme and Annual Report

1.   The sub-group designated in accordance with Article 3(8)(e) shall prepare an annual work programme for approval by the Coordination Group by 31 December of each year.

2.   The annual work programme shall set out the joint work to be carried out in the calendar year following its approval, covering:

| (a) | the planned number of joint clinical assessments and the types of health technologies to be assessed; |
| --- | --- |

(a)

the planned number of joint clinical assessments and the types of health technologies to be assessed;

| (b) | the planned number of joint scientific consultations; |
| --- | --- |

(b)

the planned number of joint scientific consultations;

| (c) | voluntary cooperation. |
| --- | --- |

(c)

voluntary cooperation.

Points (a), (b) and (c) of the first subparagraph shall be determined according to the extent of their impact on patients, public health or health care systems. [Am. 75]

3.   In the preparation of the annual work programme, the designated sub-group shall:

| (a) | have regard to the annual study on emerging health technologies referred to in Article 18; |
| --- | --- |

(a)

have regard to the annual study on emerging health technologies referred to in Article 18;

| (b) | take into account the resources available to the Coordination Group for the joint work; |
| --- | --- |

(b)

take into account the resources available to the Coordination Group for the joint work;

| (c) | consult the Commission
  and the stakeholder network, at annual meetings under Article 26,
  on the draft annual work programme and take into account its opinion

  their comments
  . [Am. 76] |
| --- | --- |

(c)

consult the Commission
  and the stakeholder network, at annual meetings under Article 26,
  on the draft annual work programme and take into account its opinion

  their comments
  . [Am. 76]

4.   The designated sub-group shall prepare an annual report for approval by the Coordination Group by 28 February of each year.

5.   The annual report shall provide information on the joint work carried out in the calendar year preceding its approval.

5a.
     
  Both the annual report and the annual work programme shall be published on the IT platform referred to in Article 27. [Am. 77]

Chapter II

Chapter II

Joint Work on Health Technology Assessment at Union Level

Joint Work on Health Technology Assessment at Union Level

SECTION 1

SECTION 1

JOINT CLINICAL ASSESSMENTS

JOINT CLINICAL ASSESSMENTS

Article 5

Scope of Joint Clinical Assessments

1.   The Coordination Group shall carry out joint clinical assessments on:

| (a) | medicinal products subject to the authorisation procedure provided for in Regulation (EC) No 726/2004, including where an amendment has been made to the Commission Decision to grant a marketing authorisation based on a change in the therapeutic indication or indications for which the original authorisation was granted, with the exception of medicinal products authorised under Articles 10 and 10a of Directive 2001/83/EC; |
| --- | --- |

(a)

medicinal products subject to the authorisation procedure provided for in Regulation (EC) No 726/2004, including where an amendment has been made to the Commission Decision to grant a marketing authorisation based on a change in the therapeutic indication or indications for which the original authorisation was granted, with the exception of medicinal products authorised under Articles 10 and 10a of Directive 2001/83/EC;

| (aa) | other medicinal products not subject to the authorisation procedure provided for in Regulation (EC) No 726/2004 where the health technology developer has opted for the centralised authorisation procedure, provided that the medicinal products in question constitute a major technical, scientific or therapeutic innovation, or their authorisation is in the interest of public health; [Am. 78] |
| --- | --- |

(aa)

other medicinal products not subject to the authorisation procedure provided for in Regulation (EC) No 726/2004 where the health technology developer has opted for the centralised authorisation procedure, provided that the medicinal products in question constitute a major technical, scientific or therapeutic innovation, or their authorisation is in the interest of public health; [Am. 78]

| (b) | medical devices classified as class IIb and III pursuant to Article 51 of Regulation (EU) 2017/745 for which the relevant expert panels have provided a scientific opinion in the framework of the clinical evaluation consultation procedure pursuant to Article 54 of that Regulation
  and considered to be a significant innovation and with potential significant impact on public health or health care systems; [Am. 79] |
| --- | --- |

(b)

medical devices classified as class IIb and III pursuant to Article 51 of Regulation (EU) 2017/745 for which the relevant expert panels have provided a scientific opinion in the framework of the clinical evaluation consultation procedure pursuant to Article 54 of that Regulation
  and considered to be a significant innovation and with potential significant impact on public health or health care systems; [Am. 79]

| (c) | in vitro diagnostic medical devices classified as class D pursuant to Article 47 of Regulation (EU) 2017/746 for which the relevant expert panels have provided their views in the framework of the procedure pursuant to Article 48(6) of that Regulation
  and considered to be a significant innovation and with potential significant impact on public health or health care systems. [Am. 80] |
| --- | --- |

(c)

in vitro diagnostic medical devices classified as class D pursuant to Article 47 of Regulation (EU) 2017/746 for which the relevant expert panels have provided their views in the framework of the procedure pursuant to Article 48(6) of that Regulation
  and considered to be a significant innovation and with potential significant impact on public health or health care systems. [Am. 80]

2.   The Coordination Group shall select the medical devices referred to in paragraph 1 points (b) and (c) for joint clinical assessment based on the following criteria:

| (a) | unmet medical needs; |
| --- | --- |

(a)

unmet medical needs;

| (b) | potential impact on patients, public health, or healthcare systems; |
| --- | --- |

(b)

potential impact on patients, public health, or healthcare systems;

| (c) | significant cross-border dimension; |
| --- | --- |

(c)

significant cross-border dimension;

| (d) | major Union-wide added value; |
| --- | --- |

(d)

major Union-wide added value;

| (e) | the available resources; |
| --- | --- |

(e)

the available resources;

| (ea) | the need for greater clinical evidence; [Am. 81] |
| --- | --- |

(ea)

the need for greater clinical evidence; [Am. 81]

| (eb) | at the request of the health technology developer. [Am. 82] |
| --- | --- |

(eb)

at the request of the health technology developer. [Am. 82]

Article 6

Preparation of Joint Clinical Assessment Reports

1.   The Coordination Group shall initiate joint clinical assessments of health technologies on the basis of its annual work programme by designating a sub-group to oversee the preparation of the joint clinical assessment report on behalf of the Coordination Group.

The joint clinical assessment report shall be accompanied by a summary report, and

  which shall contain at least the clinical data compared, the end-points, the comparators, the methodology, the clinical evidence used, and conclusions as regards efficacy, safety, and relative efficacy, the limits of the assessment, diverging views, a summary of the consultations carried out, and the observations made.
  They shall be prepared in accordance with the requirements in this

  laid down by the Coordination Group and shall be made public, regardless of the report’s conclusions.

For medicinal products referred to
  in
  point (a) of
  Article and the requirements established pursuant to Articles 11, 22, and 23

  5(1), the joint clinical assessment report shall be adopted by the Coordination Group within 80-100 days in order to ensure compliance with timelines for pricing and reimbursement set out in Council Directive 89/105/EEC
   (15)
  . [Am. 83]

2.   The designated sub-group shall request relevant

  the
  health technology developers

  developer
  to submit
  all available up-to-date
  documentation containing the information, data and evidence

  studies, including both negative and positive results, that is
  necessary for the joint clinical assessment.
  That documentation shall include the available data from all tests performed and from all the studies in which the technology was used, both of which are of paramount importance to ensure that assessments are of high quality.

For medicinal products referred to in point (a) of Article 5(1), the documentation shall at least include:

| (a) | the submission file; |
| --- | --- |

(a)

the submission file;

| (b) | an indication of the marketing authorisation status; |
| --- | --- |

(b)

an indication of the marketing authorisation status;

| (c) | if available, the European public assessment report (EPAR), including the Summary of Product Characteristics (SPC); the European Medicines Agency shall provide the relevant adopted scientific assessment reports to the Coordination Group; |
| --- | --- |

(c)

if available, the European public assessment report (EPAR), including the Summary of Product Characteristics (SPC); the European Medicines Agency shall provide the relevant adopted scientific assessment reports to the Coordination Group;

| (d) | where applicable, the results of additional studies requested by the Coordination Group and available to the health technology developer; |
| --- | --- |

(d)

where applicable, the results of additional studies requested by the Coordination Group and available to the health technology developer;

| (e) | where applicable and if available to the health technology developer, already available HTA reports on the health technology concerned; |
| --- | --- |

(e)

where applicable and if available to the health technology developer, already available HTA reports on the health technology concerned;

| (f) | information on studies and study registries available to the health technology developer. |
| --- | --- |

(f)

information on studies and study registries available to the health technology developer.

Health technology developers shall be obliged to submit all of the requested data.

Assessors may also access public databases and sources of clinical information, such as patient registries, databases or European Reference Networks, where such access is deemed necessary to complement the information provided by the developer and to perform a more accurate clinical assessment of the health technology. The reproducibility of the assessment implies that such information shall be made public.

The relationship between evaluators and health technology developers shall be independent and impartial. Developers of health technologies may be consulted but shall not actively participate in the evaluation process. [Am. 84]

2a.
     
  The Coordination Group may justifiably consider, in the case of orphan medicines, that there is no substantive reason or additional evidence to support further clinical analysis beyond the significant benefit assessment already carried by the European Medicines Agency. [Am. 85]

3.   The designated sub-group shall appoint, from among its members, an assessor and a co-assessor to conduct the joint clinical assessment.
  The assessor and a co-assessor shall be different from those previously appointed under Article 13(3) except in exceptional and justified situations where the necessary specific expertise is not available, and subject to approval of the Coordination Group.
  The appointments shall take into account the scientific expertise necessary for the assessment. [Am. 86]

4.   The assessor, with the assistance of the co-assessor, shall prepare the draft joint clinical assessment report and the summary report.

5.   The conclusions of the joint clinical assessment report shall be limited to the following

  include
  : [Am. 87]

| (a) | an analysis of the relative effects

  effectiveness and safety
  of the health technology being assessed on the patient-relevant health outcomes

  in terms of the clinical end-points relevant to the clinical entity and patient group
  chosen for the assessment
  , including mortality, morbidity and quality of life, and compared to one or more comparator treatments to be determined by the Coordination Group
  ; [Am. 88] |
| --- | --- |

(a)

an analysis of the relative effects

  effectiveness and safety
  of the health technology being assessed on the patient-relevant health outcomes

  in terms of the clinical end-points relevant to the clinical entity and patient group
  chosen for the assessment
  , including mortality, morbidity and quality of life, and compared to one or more comparator treatments to be determined by the Coordination Group
  ; [Am. 88]

| (b) | the degree of certainty on the relative effects based on the
  best
  available
  clinical
  evidence
  and compared to the best standard therapies
  .
  The assessment shall be based on the clinical end-points established in accordance with international standards of evidence-based medicine, in particular with regard to improving the state of health, shortening the duration of the disease, prolonging survival, reducing side effects or improving the quality of life. Reference shall also be made to subgroup-specific differences. [Am. 89] |
| --- | --- |

(b)

the degree of certainty on the relative effects based on the
  best
  available
  clinical
  evidence
  and compared to the best standard therapies
  .
  The assessment shall be based on the clinical end-points established in accordance with international standards of evidence-based medicine, in particular with regard to improving the state of health, shortening the duration of the disease, prolonging survival, reducing side effects or improving the quality of life. Reference shall also be made to subgroup-specific differences. [Am. 89]

The conclusions shall not include an appraisal.

The assessor and the co-assessor shall make sure that the choice of relevant patient groups is representative of the participating Member States in order to enable them to take appropriate decisions on funding these technologies from national health budgets. [Am. 90]

6.   Where, at any stage in the preparation of the draft joint clinical assessment report, the assessor considers that additional evidence from the submitting health technology developer is necessary in order to complete the report, it may request the designated sub-group to suspend the time period set for the preparation of the report and to request additional evidence from the health technology developer. Having consulted the health technology developer on the time needed to prepare the necessary additional evidence, the request from the assessor shall specify the number of working days for which the preparation shall be suspended.
  Where new clinical data become available during the process, the health technology developer concerned shall also proactively communicate this new information to the assessor. [Am. 205]

7.   The members of the designated sub-group
  or the Coordination Group, in a minimum period of 30 working days,
  shall provide their comments during the preparation of the draft joint clinical assessment report and the summary report. The Commission may also provide comments.
  [Am. 92]

8.   The assessor shall provide the draft joint clinical assessment report and the summary report to the submitting health technology developer and set a time-frame in which the developer may submit

  for
  comments. [Am. 93]

9.   The designated sub-group shall ensure that stakeholders, including Patients
  , consumer organisations, health professionals, NGOs, other health technology developer associations
  and clinical experts, are given an opportunity to provide

  may submit
  comments during the preparation of the draft joint clinical assessment report and the summary report and set

  within
  a time-frame in which they may submit comments

  set by the designated sub-group.

The Commission shall make public the declarations of interest of all consulted stakeholders in the IT platform referred to in Article 27. [Am. 94]

10.   Following receipt and consideration of any comments provided in accordance with paragraphs 7, 8, and 9, the assessor, with the assistance of the co-assessor, shall finalise the draft joint clinical assessment report and summary report, and submit those reports to the designated sub-group and to the Commission

  Coordination Group
  for comments.
  The Commission shall publish all comments, which shall be duly answered, on the IT platform referred to in Article 27. [Am. 95]

11.   The assessor, with the assistance of the co-assessor, shall take into account the comments of the designated sub-group and the Commission

  Coordination Group
  and submit a final draft joint clinical assessment report and the summary report to the Coordination Group for
  a final
  approval. [Am. 96]

12.   The Coordination Group shall approve the final joint clinical assessment report and summary report, wherever possible by consensus or, where necessary, by a simple

  qualified
  majority of Member States.

Diverging positions and the grounds on which those positions are based shall be recorded in the final report.

The final report shall include a sensitivity analysis if there is one or more of the following elements:

| (a) | different opinions on the studies to be excluded on the grounds of severe bias; |
| --- | --- |

(a)

different opinions on the studies to be excluded on the grounds of severe bias;

| (b) | diverging positions if studies shall be excluded as they do not reflect the up-to-date technological development; or |
| --- | --- |

(b)

diverging positions if studies shall be excluded as they do not reflect the up-to-date technological development; or

| (c) | controversies as to the definition of irrelevance thresholds regarding patient-relevant endpoints. |
| --- | --- |

(c)

controversies as to the definition of irrelevance thresholds regarding patient-relevant endpoints.

The choice of the one or more comparators and patient-relevant endpoints shall be medically justified and documented in the final report.

The final report shall also include the results of the joint scientific consultation carried out in accordance with Article 13. The scientific consultation reports shall be made public upon completion of the joint clinical assessments. [Am. 206]

13.   The assessor shall ensure the removal of any information of a commercially sensitive nature from

  that
  the approved joint clinical assessment report and the summary report
  contain the clinical information which is the subject of the assessment and set out the methodology and studies used
  .
  The assessor shall consult the developer on the report before its publication. The developer shall have 10 working days to notify the assessor about any information it considers to be confidential and to justify its commercially sensitive nature. As a last resort, the assessor and the co-assessor shall decide as to whether the developer’s claim of confidentiality is justified. [Am. 98]

14.   The Coordination Group shall provide the approved joint clinical assessment report and the summary report to the submitting health technology developer and the Commission
  , which shall include both reports on the IT platform
  . [Am. 99]

14a.
     
  Upon receipt of the approved joint clinical assessment report and summary report, the submitting health technology developer may notify its objections in writing to the Coordination Group and the Commission within seven working days. In such a case, the developer shall provide detailed grounds for its objections. The Coordination Group shall evaluate the objections within seven working days and shall revise the report, as necessary.

The Coordination Group shall approve and submit the final joint clinical assessment report, the summary report and an explanatory document setting out how the objections of the submitting health technology developer and the Commission were addressed. [Am. 100]

14b.
     
  The joint clinical assessment report and the summary report shall be ready in not less than 80 days and not more than 100 days, except in justified cases where, owing to clinical necessity, the process needs to be accelerated or delayed respectively. [Am. 101]

14c.
     
  Where the submitting health technology developer withdraws the application for a marketing authorisation, giving reasons, or where the European Medicines Agency terminates an assessment, the Coordination Group shall be informed so that it terminates the joint clinical assessment procedure. The Commission shall publish the reasons for withdrawal of the application or termination of the assessment on the IT platform referred to in Article 27. [Am. 102]

Article 7

The List of Assessed Health Technologies

1.   Where The Commission considers that the approved joint clinical assessment report and summary report comply with the substantive and procedural requirements laid down in this Regulation, it shall include the name of the health technology which has been the subject of the approved report and
  the approved
  summary report
  , regardless of whether or not it has been adopted
  , in a list of technologies having undergone joint clinical assessment (the ‘List of Assessed Health Technologies’ or the ‘List’) at the latest 30 days after receipt of the approved report and summary report from the Coordination Group. [Am. 103]

2.   Where, within 30 days of receipt of the approved joint clinical assessment report and the summary report, the Commission concludes that the approved joint clinical assessment report and summary report do not comply with the substantive and procedural

  procedural legal
  requirements laid down in this Regulation, it shall inform the Coordination Group of the reasons for its conclusions and request it to review the report and summary report

  of the assessment, giving reasons
  . [Am. 104]

3.   The designated sub-group shall consider the conclusions referred to in paragraph 2 and invite the health technology developer to submit comments by a specified deadline. The designated sub-group shall review the joint clinical assessment report and summary report taking into account the comments provided by the health technology developer. The assessor, with the assistance of the co-assessor, shall modify the joint clinical assessment report and summary report accordingly and submit them to the Coordination Group. Article 6, paragraphs 12 to 14 shall apply

  Commission, from a procedural point of view, prior to a final opinion. [Am. 105]

4.   Following the submission of the modified approved joint clinical assessment report and summary report, and where the Commission considers that the modified approved joint clinical assessment report and summary report comply with the substantive and procedural requirements laid down in this Regulation, it shall include the name of the health technology which has been the subject of the report and summary report, in the List of Assessed Health Technologies.
  [Am. 106]

5.   If the Commission concludes that the modified approved joint clinical assessment report and summary report do not comply with the substantive and procedural requirements laid down in this Regulation, it shall decline to include the name of the health technology
  which is the subject of the assessment shall be included
  in the List
  , together with the summary report of the assessment and the Commission’s comments, and all of which shall be published on the IT platform referred to in Article 27
  . The Commission shall inform the Coordination Group thereof, setting out the reasons for the non-inclusion

  negative report
  . The obligations laid down in Article 8 shall not apply with respect to the health technology concerned. The Coordination Group shall inform the submitting health technology developer accordingly and include summary information on those reports in its annual report. [Am. 107]

6.   For those health technologies included on the List of Assessed Health Technologies, the Commission shall publish
  , on the IT platform referred to in Article 27,
  the approved joint clinical assessment report and summary report on the IT platform referred to in Article 27

  as well as all the comments by stakeholders and interim reports,
  and make them available to the submitting health technology developer at the latest 10 working days following their inclusion in the List. [Am. 108]

Article 8

Use of Joint Clinical Assessment Reports at Member State Level

1.   
  For the health technologies included on the List of Assessed Health Technologies or in respect of which a joint clinical assessment has been initiated,
  Member States shall: [Am. 109]

| (a) | not carry out a clinical assessment or an equivalent assessment process on a health technology included in the List of Assessed Health Technologies or for which a

  use the
  joint clinical assessment has been initiated

  reports in their health technology assessments at Member State level
  ; [Am. 110] |
| --- | --- |

(a)

not carry out a clinical assessment or an equivalent assessment process on a health technology included in the List of Assessed Health Technologies or for which a

  use the
  joint clinical assessment has been initiated

  reports in their health technology assessments at Member State level
  ; [Am. 110]

| (b) | apply

  not duplicate the
  joint clinical assessment reports, in their health technology assessments at Member State level. [Am. 111] |
| --- | --- |

(b)

apply

  not duplicate the
  joint clinical assessment reports, in their health technology assessments at Member State level. [Am. 111]

1a.
     
  The requirement set out in point (b) of paragraph 1 shall not prevent Member States or regions from carrying out assessments on the added clinical value of the technologies concerned as part of national or regional appraisal processes which may consider clinical as well as non-clinical data and evidence specific to the Member State concerned which were not included in the joint clinical assessment and which are necessary to complete the health technology assessment or the overall pricing and reimbursement process.

Such complementary assessments may compare the technology concerned against a comparator which represents the best available and evidence-based standard of care in the Member State concerned and which, despite that Member State's request during the scoping phase, was not included in the joint clinical assessment. They may also assess the technology in a care context specific to the Member State concerned, based on its clinical practice, or the setting chosen for reimbursement.

Any such measure shall be justified, necessary and proportionate to achieving this aim, shall not duplicate work done at Union level and shall not unduly delay patient access to those technologies.

Member States shall notify the Commission and the Coordination Group of their intention to complement the joint clinical assessment together with a justification for doing so. [Am. 112]

2.   Member States shall notify the Commission of the outcome of a health technology assessment on a health technology which has been subject to a joint clinical assessment within 30 days from its completion. That notification shall be accompanied by

  submit
  information on how the conclusions of the joint clinical assessment report have been applied in the overall health technology assessment. The Commission shall facilitate the exchange of this information between Member States through the IT platform referred to in Article 27
  , on how account has been taken of the joint clinical assessment report in the health technology assessment at Member State level as well as other clinical data and additional evidence taken into account so that the Commission may facilitate the exchange of this information among Member States
  . [Am. 113]

Article 9

Updates of Joint Clinical Assessments

1.   The Coordination Group shall carry out updates of joint clinical assessments where:

| (a) | the Commission Decision to grant the marketing authorisation of a medicinal product referred to in Article 5(1)(a) was conditional on the fulfilment of additional post-authorisation requirements; |
| --- | --- |

(a)

the Commission Decision to grant the marketing authorisation of a medicinal product referred to in Article 5(1)(a) was conditional on the fulfilment of additional post-authorisation requirements;

| (b) | the initial joint clinical assessment report specified the need for an update once additional evidence for further assessment is available
  within the deadline set in that report; [Am. 114] |
| --- | --- |

(b)

the initial joint clinical assessment report specified the need for an update once additional evidence for further assessment is available
  within the deadline set in that report; [Am. 114]

| (ba) | at the request of a Member State or a health technology developer that considers that there is new clinical evidence; [Am. 115] |
| --- | --- |

(ba)

at the request of a Member State or a health technology developer that considers that there is new clinical evidence; [Am. 115]

| (bb) | five years after the assessment, significant new clinical evidence exist, or earlier when new evidence or clinical data emerges. [Am. 116] |
| --- | --- |

(bb)

five years after the assessment, significant new clinical evidence exist, or earlier when new evidence or clinical data emerges. [Am. 116]

1a.
     
  In the cases referred to under points (a), (b), (ba) and (bb) of the first subparagraph, the technology developer shall submit the additional information. In the event of a failure to do so, the earlier joint assessment would no longer fall within the scope of Article 8.

The ‘EVIDENT’ database shall be maintained to gather clinical evidence as it arises from the real-life use of health technology and to monitor the results in terms of health. [Am. 117]

2.   The Coordination Group may carry out updates of joint clinical assessments where requested by one or more of its members.

Updates of joint clinical assessments are requested when new information has been published or made available which was not available at the time of the initial joint report. When an update of the joint clinical assessment report is requested, the member who proposed it can update the joint clinical assessment report and propose it for adoption by other Member States by mutual recognition. When updating the joint clinical assessment report, the Member State shall apply the methods and standards as laid down by the Coordination Group.

Where Member States cannot agree on an update, the case is referred to the Coordination Group. The Coordination Group shall decide whether to carry out an update based on the new information.

When an update is approved by mutual recognition or after the Coordination Group’s decision, the joint clinical assessment report is considered updated. [Am. 118]

3.   Updates shall be carried out in accordance with the procedural rules established pursuant to Article 11(1)(d).

Article 10

Transitional Arrangements for Joint Clinical Assessments

During the transitional period referred to in Article 33(1):

| (a) | the Coordination Group shall:






  (i) | base the annual number of planned joint clinical assessments on the number of Member States participating and the resources available to it; |
| --- | --- | --- |

(a)

the Coordination Group shall:

(i)

base the annual number of planned joint clinical assessments on the number of Member States participating and the resources available to it;

| (ii) | select medicinal products referred to in Article 5(1)(a) for joint clinical assessment based on the selection criteria referred to in Article 5(2). |
| --- | --- |

(ii)

select medicinal products referred to in Article 5(1)(a) for joint clinical assessment based on the selection criteria referred to in Article 5(2).

| (b) | members of the Coordination Group from Member States not participating in joint clinical assessments shall not:






  (i) | be appointed as assessors or co-assessors; |
| --- | --- | --- |

(b)

members of the Coordination Group from Member States not participating in joint clinical assessments shall not:

(i)

be appointed as assessors or co-assessors;

| (ii) | comment on the draft joint clinical assessment reports and summary reports; |
| --- | --- |

(ii)

comment on the draft joint clinical assessment reports and summary reports;

| (iii) | take part in the approval process of the final joint clinical assessment reports and summary reports; |
| --- | --- |

(iii)

take part in the approval process of the final joint clinical assessment reports and summary reports;

| (iv) | take part in the preparation and approval process on the parts of the annual work programmes on joint clinical assessments; |
| --- | --- |

(iv)

take part in the preparation and approval process on the parts of the annual work programmes on joint clinical assessments;

| (v) | be subject to the obligations set out in Article 8 as regards the health technologies which have undergone joint clinical assessment. |
| --- | --- |

(v)

be subject to the obligations set out in Article 8 as regards the health technologies which have undergone joint clinical assessment.

Article 11

Adoption of Detailed Procedural Rules for Joint Clinical Assessments

1.   The Commission shall
  in accordance with this Regulation,
  develop, by means of implementing acts, procedural rules for: [Am. 119]

| (a) | submissions of information, data and evidence by health technology developers;
  [Am. 120] |
| --- | --- |

(a)

submissions of information, data and evidence by health technology developers;
  [Am. 120]

| (b) | the appointment of assessors and co-assessors; |
| --- | --- |

(b)

the appointment of assessors and co-assessors;

| (c) | determining the detailed procedural steps and their timing, and the overall duration of joint clinical assessments; [Am. 121] |
| --- | --- |

(c)

determining the detailed procedural steps and their timing, and the overall duration of joint clinical assessments; [Am. 121]

| (d) | updates of joint clinical assessments; |
| --- | --- |

(d)

updates of joint clinical assessments;

| (e) | cooperation with the European Medicines Agency on the preparation and update of joint clinical assessments of medicinal products; |
| --- | --- |

(e)

cooperation with the European Medicines Agency on the preparation and update of joint clinical assessments of medicinal products;

| (f) | cooperation with the notified bodies and expert panels on the preparation and update of joint clinical assessments of medical devices. [Am. 122] |
| --- | --- |

(f)

cooperation with the notified bodies and expert panels on the preparation and update of joint clinical assessments of medical devices. [Am. 122]

2.   Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 30(2).

SECTION 2

SECTION 2

JOINT SCIENTIFIC CONSULTATIONS

JOINT SCIENTIFIC CONSULTATIONS

Article 12

Requests for Joint Scientific Consultations

1.   Health technology developers may request a joint scientific consultation with the Coordination Group for the purposes of obtaining scientific advice concerning data and evidence likely to be required as part of a joint

  the
  clinical assessment

  aspects for the optimal design of scientific studies and research to obtain the best scientific evidence, improve predictability, align research priorities and enhance the quality and efficiency of said research, in order to obtain the best evidence
  . [Am. 123]

Health technology developers of medicinal products may request that the joint scientific consultation takes place in parallel with the process of receiving scientific advice from the European Medicines Agency pursuant to Article 57(1)(n) of Regulation (EC) No 726/2004. In such a case, it shall make that request at the time of submitting an application for scientific advice to the European Medicines Agency.

2.   In considering the request for joint scientific consultation, the Coordination Group shall take into account the following criteria:

| (a) | the likelihood that the health technology under development will be the subject of a joint clinical assessment in accordance with Article 5(1); |
| --- | --- |

(a)

the likelihood that the health technology under development will be the subject of a joint clinical assessment in accordance with Article 5(1);

| (b) | unmet medical needs; |
| --- | --- |

(b)

unmet medical needs;

| (c) | potential impact on patients, public health, or healthcare systems; |
| --- | --- |

(c)

potential impact on patients, public health, or healthcare systems;

| (d) | significant cross-border dimension; |
| --- | --- |

(d)

significant cross-border dimension;

| (e) | major Union-wide added value; |
| --- | --- |

(e)

major Union-wide added value;

| (f) | the available resources; |
| --- | --- |

(f)

the available resources;

| (fa) | Union clinical research priorities. [Am. 124] |
| --- | --- |

(fa)

Union clinical research priorities. [Am. 124]

3.   Within 15 working days after receipt of the request, the Coordination Group shall inform the requesting health technology developer whether or not it will engage in the joint scientific consultation. Where the Coordination Group refuses the request, it shall inform the health technology developer thereof and explain the reasons having regard to the criteria laid down in paragraph 2.

Joint scientific consultations shall not prejudice the objectivity and independence of joint technological assessments nor its results or conclusions. The assessor and co-assessor appointed to carry them out pursuant to Article 13(3) shall not be the same as the assessor and co-assessor appointed pursuant to Article 6(3) for the joint technological assessment.

The subject and the summarised substance of the consultations shall be published on the IT platform referred to in Article 27. [Am. 125]

Article 13

Preparation of Joint Scientific Consultation Reports

  procedure [Am. 126]

1.   Following the acceptance of a request for a joint scientific consultation in accordance with Article 12 and on the basis of its annual work programme, the Coordination Group shall designate a sub-group to oversee the preparation of the joint scientific consultation report on behalf of the Coordination Group.

The joint scientific consultation report shall be prepared in accordance with the requirements in this Article and in accordance with the procedural rules

  procedure
  and documentation established pursuant to Articles 16 and 17. [Am. 127]

2.   The designated sub-group shall request the health technology developer to submit the
  available and up-to-date
  documentation containing the

  all stages of
  information
  processing
  , data and evidence

  studies
  necessary for the joint scientific consultation
  , such as available data from all tests performed and from all the studies in which the technology was used
  .
  A tailored clinical assessment pathway may be developed for orphan medicinal products due to the limited number of patients enrolled in clinical trials and/or the lack of a comparator. All that information shall be made publicly available, upon completion of the joint clinical assessments.

The designated sub-group and the health technology developer concerned shall hold a joint meeting based on the documentation described in first subparagraph. [Am. 128]

3.   The designated sub-group shall appoint from among its members, an assessor and a co-assessor, with responsibility for conducting the joint scientific consultation
  , who shall not be the same as the assessor and a co-assessor to be appointed pursuant to Article 6(3)
  . The appointments shall take into account the scientific expertise necessary for the assessment. [Am. 129]

4.   The assessor, with the assistance of the co-assessor, shall prepare the draft joint scientific consultation report.

5.   Where, at any stage in the preparation of the draft joint scientific consultation report, the assessor considers that additional evidence from a health technology developer is necessary in order to complete the report, it may request the designated sub-group to suspend the time period set for the preparation of the report and to request the additional evidence from the health technology developer. Having consulted the health technology developer on the time needed to prepare the necessary additional evidence, the request from the assessor shall specify the number of working days for which the preparation shall be suspended.

6.   The members of the designated sub-group shall provide their comments during the preparation of the draft joint scientific consultation report.

7.   The assessor shall provide the draft joint scientific consultation report
  , and provide it
  to the submitting health technology developer and set

  for comments, setting
  a time-frame in which the developer may submit comments

  for those comments
  . [Am. 130]

8.   The designated sub-group shall ensure that stakeholders, including

  health technology developer,
  patients
  , health professionals
  and clinical experts are given an opportunity to provide

  may submit
  comments during the preparation of the draft joint scientific consultation. report and set a time-frame in which they may submit comments.
  [Am. 131]

9.   Following receipt and consideration of any
  information and
  comments provided in accordance with paragraphs
  2,
  6, 7 and 8, the assessor, with the assistance of the co-assessor, shall finalise the draft joint scientific consultation report and submit the draft report to the designated sub-group for comments.
  All comments, which shall be public and answered when required, shall be published on the IT platform referred to in Article 27, following finalisation of the joint clinical assessment. The published comments shall include stakeholders comments and any differences of opinion expressed by members of the sub-group in the course of the procedure. [Am. 132]

10.   Where the joint scientific consultation is carried out in parallel with scientific advice given by the European Medicines Agency, the assessor shall seek to coordinate with the Agency as regards the consistency of the conclusions of the joint scientific consultation report with those of the scientific advice

  the time-frame
  . [Am. 133]

11.   The assessor, with the assistance of the co-assessor, shall take into account the comments of the members of the designated sub-group and submit the final draft joint scientific consultation report to the Coordination Group.

12.   The Coordination Group shall approve the final joint scientific consultation report, wherever possible by consensus or, where necessary, by a simple

  qualified
  majority of Member States, at the latest 100 days following the start of the preparation of the report referred to in paragraph 4. [Am. 207]

Article 14

Joint Scientific Consultation Reports

1.   The Coordination Group shall communicate the approved joint scientific consultation report to the requesting health technology developer at the latest 10 working days following its approval.

2.   The Coordination Group shall include anonymised summary information on the joint scientific consultations in its annual reports and the IT platform referred to in Article 27.
  That information shall include the subject of the consultations and the comments.

The scientific consultation reports shall be made public upon completion of the joint clinical assessments. [Am. 135]

3.   Member States shall not carry out a scientific consultation or an equivalent consultation on a health technology
  referred to in Article 5
  for which a joint scientific consultation has been initiated
  , unless additional clinical data and evidence were not taken into account and such data and evidence are considered necessary. Such national

  and where the contents of the request are the same as those covered by the joint scientific consultation

  consultations shall be submitted to the Commission for publication on the IT platform referred to in Article 27
  . [Am. 136]

Article 15

Transitional Arrangements for Joint Scientific Consultations

During the transitional period referred to in Article 33(1):

| (a) | the Coordination Group shall base the annual number of planned joint scientific consultations on the number of Member States participating and the resources available to it; |
| --- | --- |

(a)

the Coordination Group shall base the annual number of planned joint scientific consultations on the number of Member States participating and the resources available to it;

| (b) | members of the Coordination Group from Member States not participating in joint scientific consultations shall not:






  (i) | be appointed as assessors or co-assessors; |
| --- | --- | --- |

(b)

members of the Coordination Group from Member States not participating in joint scientific consultations shall not:

(i)

be appointed as assessors or co-assessors;

| (ii) | comment on the draft joint scientific consultation reports; |
| --- | --- |

(ii)

comment on the draft joint scientific consultation reports;

| (iii) | take part in the approval process of the final joint scientific consultation reports; |
| --- | --- |

(iii)

take part in the approval process of the final joint scientific consultation reports;

| (iv) | take part in the preparation and approval process on the parts of the annual work programmes on joint scientific consultations. |
| --- | --- |

(iv)

take part in the preparation and approval process on the parts of the annual work programmes on joint scientific consultations.

Article 16

Adoption of Detailed Procedural Rules for Joint Scientific Consultations

1.   The Commission shall develop, by means of implementing acts, procedural rules for:

| (a) | submissions of requests from health technology developers; and their involvement in the preparation of joint scientific consultation reports;
  [Am. 137]; |
| --- | --- |

(a)

submissions of requests from health technology developers; and their involvement in the preparation of joint scientific consultation reports;
  [Am. 137];

| (b) | the appointment of assessors and co-assessors; |
| --- | --- |

(b)

the appointment of assessors and co-assessors;

| (c) | determining the detailed procedural steps and their timing; |
| --- | --- |

(c)

determining the detailed procedural steps and their timing;

| (d) | the consultation of

  submission of comments by
  patients,
  health professionals, patient associations, social partners, non-governmental organisations,
  clinical experts and other relevant stakeholders; [Am. 138] |
| --- | --- |

(d)

the consultation of

  submission of comments by
  patients,
  health professionals, patient associations, social partners, non-governmental organisations,
  clinical experts and other relevant stakeholders; [Am. 138]

| (e) | cooperation with the European Medicines Agency on joint scientific consultations on medicinal products where a health technology developer requests the consultation to be carried out in parallel with a process for scientific advice from the Agency; |
| --- | --- |

(e)

cooperation with the European Medicines Agency on joint scientific consultations on medicinal products where a health technology developer requests the consultation to be carried out in parallel with a process for scientific advice from the Agency;

| (f) | cooperation with the expert panels referred to in Article 106(1) of Regulation (EU) 2017/745 on the joint scientific consultations on medical devices. |
| --- | --- |

(f)

cooperation with the expert panels referred to in Article 106(1) of Regulation (EU) 2017/745 on the joint scientific consultations on medical devices.

2.   Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 30(2).

Article 17

Documentation and Rules for Selecting Stakeholders for Joint Scientific Consultations

The Commission shall be empowered to adopt delegated

  implementing
  acts in accordance with Article 31

  Articles 30 and 32
  concerning: [Am. 139]

| (a) | the contents of

  procedure for
  : [Am. 140]







  (i) | requests from health technology developers for joint scientific consultations; |
| --- | --- | --- |

(a)

the contents of

  procedure for
  : [Am. 140]

(i)

requests from health technology developers for joint scientific consultations;

| (ii) | dossiers of information, data and evidence to be submitted by health technology developers for joint scientific consultations; |
| --- | --- |

(ii)

dossiers of information, data and evidence to be submitted by health technology developers for joint scientific consultations;

| (iii) | joint scientific consultation reports; |
| --- | --- |

(iii)

joint scientific consultation reports;

| (iiia) | stakeholder involvement for the purpose of this section, including rules on conflict of interest. Declarations of interest shall be made publicly available for all stakeholders and experts consulted. Stakeholders and experts with a conflict of interest shall not participate in the process. [Am. 141] |
| --- | --- |

(iiia)

stakeholder involvement for the purpose of this section, including rules on conflict of interest. Declarations of interest shall be made publicly available for all stakeholders and experts consulted. Stakeholders and experts with a conflict of interest shall not participate in the process. [Am. 141]

| (b) | the rules for determining the stakeholders to be consulted for the purpose of this Section.
  [Am. 142] |
| --- | --- |

(b)

the rules for determining the stakeholders to be consulted for the purpose of this Section.
  [Am. 142]

SECTION 3

SECTION 3

EMERGING HEALTH TECHNOLOGIES

EMERGING HEALTH TECHNOLOGIES

Article 18

Identification of Emerging Health Technologies

1.   The Coordination Group shall annually prepare a study on emerging health technologies expected to have a major impact on patients, public health or healthcare systems.

2.   In the preparation of the study, the Coordination Group shall consult:

| (a) | health technology developers; |
| --- | --- |

(a)

health technology developers;

| (b) | patient
  and consumer
  organisations
  and health professionals at its annual meeting
  ; [Am. 143] |
| --- | --- |

(b)

patient
  and consumer
  organisations
  and health professionals at its annual meeting
  ; [Am. 143]

| (c) | clinical experts; |
| --- | --- |

(c)

clinical experts;

| (d) | the European Medicines Agency including on the pre-notification of medicinal products prior to marketing authorisation applications; |
| --- | --- |

(d)

the European Medicines Agency including on the pre-notification of medicinal products prior to marketing authorisation applications;

| (e) | the Medical Devices Coordination Group established in Article 103 of Regulation (EU) 2017/745. |
| --- | --- |

(e)

the Medical Devices Coordination Group established in Article 103 of Regulation (EU) 2017/745.

2a.
     
  When preparing the study, the Coordination Group shall ensure that commercially confidential information provided by the health technology developer is adequately protected. To that end, the Coordination Group shall give the health technology developer an opportunity to submit comments with respect to the contents of the study and shall take due account of those comments. [Am. 144]

3.   The conclusions of the study shall be summarised in the Coordination Group's annual report and shall be taken into account in the preparation of its annual work programmes.

SECTION 4

SECTION 4

VOLUNTARY COOPERATION ON HEALTH TECHNOLOGY ASSESSMENT

VOLUNTARY COOPERATION ON HEALTH TECHNOLOGY ASSESSMENT

Article 19

Voluntary Cooperation

1.   The Commission shall support
  any further
  cooperation and the exchange of scientific information among Member States on
  the following issues
  : [Am. 145]

| (a) | non-clinical assessments on health technologies; |
| --- | --- |

(a)

non-clinical assessments on health technologies;

| (b) | collaborative assessments on medical devices; |
| --- | --- |

(b)

collaborative assessments on medical devices;

| (c) | health technology assessments on health technologies other than medicinal products or medical devices; |
| --- | --- |

(c)

health technology assessments on health technologies other than medicinal products or medical devices;

| (d) | the provision of additional evidence necessary to support health technology assessments; |
| --- | --- |

(d)

the provision of additional evidence necessary to support health technology assessments;

| (da) | clinical assessments of medicinal products and medical devices carried out by Member States; [Am. 146] |
| --- | --- |

(da)

clinical assessments of medicinal products and medical devices carried out by Member States; [Am. 146]

| (db) | measures relating to compassionate use in clinical practice in order to improve the evidence basis and to create a register for this purpose; [Am. 147] |
| --- | --- |

(db)

measures relating to compassionate use in clinical practice in order to improve the evidence basis and to create a register for this purpose; [Am. 147]

| (dc) | the development of best medical practice guides based on scientific evidence; [Am. 148] |
| --- | --- |

(dc)

the development of best medical practice guides based on scientific evidence; [Am. 148]

| (dd) | disinvestment in obsolete technologies; [Am. 149] |
| --- | --- |

(dd)

disinvestment in obsolete technologies; [Am. 149]

| (de) | the tightening of the rules on clinical evidence generation and its monitoring. [Am. 150] |
| --- | --- |

(de)

the tightening of the rules on clinical evidence generation and its monitoring. [Am. 150]

2.   The Coordination Group shall be used to facilitate the cooperation referred to in paragraph 1.

3.   The cooperation referred to in paragraph 1 points (b), and (c)

  (c), (db) and (de)
  may be carried out using the procedural rules established in accordance with Article 11 and the common rules established in accordance with Articles 22 and 23. [Am. 151]

4.   The cooperation referred to in paragraph 1 shall be included in the annual work programmes of the Coordination Group and the results of the cooperation shall be included in its annual reports and the IT platform referred to in Article 27.

Chapter III

Chapter III

Rules for Clinical Assessments

Rules for Clinical Assessments

Article 20

Harmonised Rules for Clinical Assessments

1.
     The common procedural rules and methodology established in accordance with Article 22 and the requirements established in accordance with Article 23 shall apply to:

| (a) | joint clinical assessments carried out in accordance with Chapter II. |
| --- | --- |

(a)

joint clinical assessments carried out in accordance with Chapter II.

| (b) | clinical assessments of medicinal products and medical devices carried out by Member States.
  [Am. 152] |
| --- | --- |

(b)

clinical assessments of medicinal products and medical devices carried out by Member States.
  [Am. 152]

1a.
     
  Where relevant and appropriate, Member States shall be encouraged to apply the common procedural rules and methodology referred to in this Regulation for the clinical assessment of medicinal products and medical devices not falling within the scope of this Regulation and carried out by Member States at national level. [Am. 153]

Article 21

Clinical Assessment Reports

1.   Where a clinical assessment is carried out by a Member State, that Member State shall provide the Commission with the clinical assessment report and summary report at the latest 30 working days after the completion of the health technology assessment.

2.   The Commission shall publish the summary reports referred to in paragraph 1 in the IT platform referred to in Article 27 and make the clinical assessment reports available to other Member States through that IT platform.

Article 22

Common Procedural Rules and Methodology

1.   
  Taking into account the results of the work already undertaken in the EUnetHTA Joint Actions, and after consulting all relevant stakeholders,
  the Commission shall adopt implementing acts concerning: [Am. 154]

| (a) | procedural rules for:






  (i) | ensuring that health technology authorities and bodies

  the members of the Coordination Group
  carry out clinical assessments in an independent and transparent manner, free from conflicts of interest
  , in accordance with Article 3(6) and (7)
  ; [Am. 155] |
| --- | --- | --- |

(a)

procedural rules for:

(i)

ensuring that health technology authorities and bodies

  the members of the Coordination Group
  carry out clinical assessments in an independent and transparent manner, free from conflicts of interest
  , in accordance with Article 3(6) and (7)
  ; [Am. 155]

| (ii) | the mechanisms for the interaction between health technology bodies and health technology developers during clinical assessments
  , subject to the provisions of the previous articles
  ; [Am. 156] |
| --- | --- |

(ii)

the mechanisms for the interaction between health technology bodies and health technology developers during clinical assessments
  , subject to the provisions of the previous articles
  ; [Am. 156]

| (iii) | the consultation

  comments
  of patients
  , health professionals, consumer organisations
  , clinical experts, and other stakeholders in clinical assessments
  and the duly justified replies, subject to the provisions of the previous articles
  ; [Am. 157] |
| --- | --- |

(iii)

the consultation

  comments
  of patients
  , health professionals, consumer organisations
  , clinical experts, and other stakeholders in clinical assessments
  and the duly justified replies, subject to the provisions of the previous articles
  ; [Am. 157]

| (iiia) | addressing potential conflicts of interest; [Am. 158] |
| --- | --- |

(iiia)

addressing potential conflicts of interest; [Am. 158]

| (iiib) | ensuring that the assessment of medical devices is able to take place at the appropriate point in time after market launch, allowing for the use of clinical effectiveness data, including real world data. The appropriate time point shall be identified in cooperation with relevant stakeholders. [Am. 159] |
| --- | --- |

(iiib)

ensuring that the assessment of medical devices is able to take place at the appropriate point in time after market launch, allowing for the use of clinical effectiveness data, including real world data. The appropriate time point shall be identified in cooperation with relevant stakeholders. [Am. 159]

| (b) | methodologies used to formulate the contents and design of clinical assessments

  in order to guarantee the quality of the process, a penalty mechanism in the event of non-compliance by the technology developer with the requirements concerning the available information to be provided
  . [Am. 160] |
| --- | --- |

(b)

methodologies used to formulate the contents and design of clinical assessments

  in order to guarantee the quality of the process, a penalty mechanism in the event of non-compliance by the technology developer with the requirements concerning the available information to be provided
  . [Am. 160]

1a.
     
  Within [6 months] from the date of entry into force of this Regulation, the Coordination Group shall draw up a draft implementing regulation concerning the methodologies to be consistently used to carry out joint clinical assessments and consultations and shall define the content of those assessments and consultations. The methodologies shall be developed on the basis of the existing EUnetHTA methodological guidelines and evidence submission templates. In any case, the methodologies shall comply with the following criteria:

| (a) | the methodologies are based on high standards of quality, the best available scientific evidence, stemming, where practically feasible and ethically justifiable, primarily from double-blind randomised clinical trials, meta-analysis and systematic reviews; |
| --- | --- |

(a)

the methodologies are based on high standards of quality, the best available scientific evidence, stemming, where practically feasible and ethically justifiable, primarily from double-blind randomised clinical trials, meta-analysis and systematic reviews;

| (b) | the assessments of relative effectiveness are based on end-points which are relevant to the patient with useful, relevant, tangible and specific criteria suited to the clinical situation concerned; |
| --- | --- |

(b)

the assessments of relative effectiveness are based on end-points which are relevant to the patient with useful, relevant, tangible and specific criteria suited to the clinical situation concerned;

| (c) | the methodologies take into account the specificities of new procedures and certain types of medicinal products with less clinical evidence available at the time of the marketing authorisation (such as orphan medicinal products or conditional marketing authorisations). However, any such lack of evidence does not prevent the generation of additional evidence required to be post monitored and which may require post-assessment and shall not affect patients security or scientific quality; |
| --- | --- |

(c)

the methodologies take into account the specificities of new procedures and certain types of medicinal products with less clinical evidence available at the time of the marketing authorisation (such as orphan medicinal products or conditional marketing authorisations). However, any such lack of evidence does not prevent the generation of additional evidence required to be post monitored and which may require post-assessment and shall not affect patients security or scientific quality;

| (d) | the comparators are the reference comparators for the clinical entity concerned and the best and/or most commonly used technological or process based comparator; |
| --- | --- |

(d)

the comparators are the reference comparators for the clinical entity concerned and the best and/or most commonly used technological or process based comparator;

| (e) | for medicinal products, the technology developers, for the purpose of clinical assessment, provide the coordination group with the dossier in eCTD format submitted to the European Medicines Agency for centralised authorisation. That dossier shall include the clinical study report; |
| --- | --- |

(e)

for medicinal products, the technology developers, for the purpose of clinical assessment, provide the coordination group with the dossier in eCTD format submitted to the European Medicines Agency for centralised authorisation. That dossier shall include the clinical study report;

| (f) | the information to be provided by the health technology developer relates to the most up-to-date and public data. Failure to comply with that requirement may trigger a penalty mechanism; |
| --- | --- |

(f)

the information to be provided by the health technology developer relates to the most up-to-date and public data. Failure to comply with that requirement may trigger a penalty mechanism;

| (g) | clinical trials are the studies par excellence in the biomedical field, so the use of another type of study, for example, epidemiological studies, may be carried out in exceptional cases and shall be fully justified; |
| --- | --- |

(g)

clinical trials are the studies par excellence in the biomedical field, so the use of another type of study, for example, epidemiological studies, may be carried out in exceptional cases and shall be fully justified;

| (h) | common methods as well as data requirements and outcome measures take into account the specificities of medical devices and in vitro diagnostic medical devices; |
| --- | --- |

(h)

common methods as well as data requirements and outcome measures take into account the specificities of medical devices and in vitro diagnostic medical devices;

| (i) | regarding vaccines, the methodology takes into account the lifelong effect of a vaccine through an appropriate time horizon of the analyses; indirect effects such as herd immunity; and elements independent from the vaccine as such, for example coverage rates linked to programmes; |
| --- | --- |

(i)

regarding vaccines, the methodology takes into account the lifelong effect of a vaccine through an appropriate time horizon of the analyses; indirect effects such as herd immunity; and elements independent from the vaccine as such, for example coverage rates linked to programmes;

| (j) | where practically feasible and ethically justifiable, the health technology developer conducts at least one randomised controlled clinical trial, comparing its health technology in terms of clinically relevant outcomes with an active comparator considered among the best current proven intervention at the time the trial was designed (standard treatment), or the most common intervention when no standard treatment exists. The technology developer shall provide the data and results of conducted comparative trials in the documentation dossier submitted for the joint clinical assessment. |
| --- | --- |

(j)

where practically feasible and ethically justifiable, the health technology developer conducts at least one randomised controlled clinical trial, comparing its health technology in terms of clinically relevant outcomes with an active comparator considered among the best current proven intervention at the time the trial was designed (standard treatment), or the most common intervention when no standard treatment exists. The technology developer shall provide the data and results of conducted comparative trials in the documentation dossier submitted for the joint clinical assessment.

In the case of a medical device, the methodology shall be adapted to its characteristics and specificities, taking as a basis the methodology already developed by EUnetHTA.

The Coordination Group shall submit the draft implementing regulation to the Commission for endorsement.

Within [3 months] of receipt of the draft measure, the Commission shall decide whether to endorse it by means of an implementing act adopted in accordance with the examination procedure referred to in Article 30(2).

Where the Commission intends not to endorse a draft measure or to endorse it in part or where it proposes amendments, it shall send the draft back to the Coordination Group, setting out the reasons. Within a period of [6 weeks], the Coordination Group may amend the draft measure on the basis of the Commission’s indications and proposed amendments, and resubmit it to the Commission.

If, on the expiry of the [6-week period], the Coordination Group has not submitted an amended draft measure, or has submitted a draft measure that is not amended in a way consistent with the Commission’s proposed amendments, the Commission may adopt the implementing regulation with the amendments it considers relevant or reject it.

In the event that the Coordination Group does not submit a draft measure to the Commission within the time limit in accordance with [paragraph 1], the Commission may adopt the implementing regulation without a draft having been submitted from the Coordination Group. [Am. 208/rev]

2.   Implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 30(2).

Article 23

Contents of Submission and Report Documents and Rules for Selecting Stakeholders

The Commission shall be empowered to adopt delegated acts in accordance with

  Coordination Group, following the same procedure set up in point (a) of
  Article 31 concerning

  2(1) shall establish
  : [Am. 162]

| (a) | the contents

  format and templates
  of: [Am. 163]







  (i) | dossiers of information, data and evidence to be provided by health technology developers for clinical assessments; |
| --- | --- | --- |

(a)

the contents

  format and templates
  of: [Am. 163]

(i)

dossiers of information, data and evidence to be provided by health technology developers for clinical assessments;

| (ii) | clinical assessment reports; |
| --- | --- |

(ii)

clinical assessment reports;

| (iii) | summary clinical assessment reports. |
| --- | --- |

(iii)

summary clinical assessment reports.

| (b) | the rules for determining the stakeholders to be consulted for the purposes of Section 1 of Chapter II and of this Chapter
  , notwithstanding Article 26
  . [Am. 164] |
| --- | --- |

(b)

the rules for determining the stakeholders to be consulted for the purposes of Section 1 of Chapter II and of this Chapter
  , notwithstanding Article 26
  . [Am. 164]

Chapter IV

Chapter IV

Support Framework

Support Framework

Article 24

Union Funding [Am. 165]

1.   The financing of the work of the Coordination Group and its sub-groups and activities in support of that work involving its cooperation with the Commission, with the European Medicines Agency, and with the stakeholder network referred to in Article 26 shall be ensured by the Union. The Union's financial assistance to the activities under this Regulation shall be implemented in accordance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (16).

2.   The funding referred to in paragraph 1 shall include funding for the participation of Member States' designated health technology authorities and bodies in support of the work on joint clinical assessments and joint scientific consultations. Assessor and co-assessors shall be entitled to a special allowance compensating them for their work on joint clinical assessments and joint scientific consultations in accordance with internal Commission provisions.

2a.
     
  The Union shall ensure stable and permanent public funding for the joint work on HTA that shall be conducted without the direct or indirect funding by developers of health technologies. [Am. 166]

2b.
     
  The Commission may establish a system of charges for health technology developers requesting both joint scientific consultations and joint clinical assessments which it shall use to finance research regarding unmet medical needs or clinical priorities. Such a system of charges shall under no circumstances used to finance activities under this Regulation. [Am. 167]

Article 25

Commission Support for the Coordination Group

The Commission shall support the work of the Coordination Group. In particular the Commission shall:

| (a) | host on its premises and co-chair
  – with the right to speak, but not to vote –
  the meetings of the Coordination Group; [Am. 168] |
| --- | --- |

(a)

host on its premises and co-chair
  – with the right to speak, but not to vote –
  the meetings of the Coordination Group; [Am. 168]

| (b) | provide the secretariat for the Coordination Group and provide administrative, scientific and IT support; [Am. 169] |
| --- | --- |

(b)

provide the secretariat for the Coordination Group and provide administrative, scientific and IT support; [Am. 169]

| (c) | publish on the IT platform referred to in Article 27 the Coordination Group's annual work programmes, annual reports, summary minutes of its meetings, and reports and summary reports of joint clinical assessments; |
| --- | --- |

(c)

publish on the IT platform referred to in Article 27 the Coordination Group's annual work programmes, annual reports, summary minutes of its meetings, and reports and summary reports of joint clinical assessments;

| (d) | verify that the work of the Coordination Group is carried out in an independent and transparent manner
  , in accordance with the established rules of procedure
  ; [Am. 170] |
| --- | --- |

(d)

verify that the work of the Coordination Group is carried out in an independent and transparent manner
  , in accordance with the established rules of procedure
  ; [Am. 170]

| (e) | facilitate cooperation with the European Medicines Agency on the joint work on medicinal products including the sharing of confidential information; |
| --- | --- |

(e)

facilitate cooperation with the European Medicines Agency on the joint work on medicinal products including the sharing of confidential information;

| (f) | facilitate cooperation with the relevant Union level bodies on the joint work on medical devices including the sharing of confidential information. [Am. 171] |
| --- | --- |

(f)

facilitate cooperation with the relevant Union level bodies on the joint work on medical devices including the sharing of confidential information. [Am. 171]

Article 26

Stakeholder Network

1.   The Commission shall establish a stakeholder network through an open call for applications and a selection of suitable stakeholder organisations based on selection criteria established in the open call for applications
  , such as legitimacy, representation, transparency and accountability
  .

The organisations to be addressed by the open call for applications shall be patient associations, consumer organisations, non-governmental organisations in the field of health, health technology developers and health professionals.

Best practices in preventing conflict of interest shall apply to the selection of members of the stakeholder network.

The European Parliament shall have two representatives in the stakeholder network. [Am. 172]

2.   The Commission shall publish the list of stakeholder organisations included in the stakeholder network.
  Stakeholders shall not have conflict of interest and their declarations of interests shall be published in the IT platform. [Am. 173]

3.   The Commission shall organise ad-hoc meetings

  a meeting
  between the stakeholder network and the Coordination Group
  at least once a year
  in order to
  promote a constructive dialogue. The roles of the stakeholder network shall include
  : [Am. 174]

| (a) | update stakeholders

  exchange of information
  on the work of the
  Coordination
  group
  and the assessment process
  ; [Am. 175] |
| --- | --- |

(a)

update stakeholders

  exchange of information
  on the work of the
  Coordination
  group
  and the assessment process
  ; [Am. 175]

| (b) | provide for an exchange of information on the work of the Coordination Group

  participation in seminars or workshops or specific actions on particular aspects
  ; [Am. 176] |
| --- | --- |

(b)

provide for an exchange of information on the work of the Coordination Group

  participation in seminars or workshops or specific actions on particular aspects
  ; [Am. 176]

| (ba) | supporting access to real-life experiences on diseases and their management and on the actual use of health technologies, in the interests of a better understanding of the value which stakeholders attach to the scientific evidence provided during the assessment process; [Am. 177] |
| --- | --- |

(ba)

supporting access to real-life experiences on diseases and their management and on the actual use of health technologies, in the interests of a better understanding of the value which stakeholders attach to the scientific evidence provided during the assessment process; [Am. 177]

| (bb) | contributing to more focused and efficient communication with and between stakeholders in order to support their role in the safe and rational use of health technologies; [Am. 178] |
| --- | --- |

(bb)

contributing to more focused and efficient communication with and between stakeholders in order to support their role in the safe and rational use of health technologies; [Am. 178]

| (bc) | drawing up a list of priorities for medical research; [Am. 179] |
| --- | --- |

(bc)

drawing up a list of priorities for medical research; [Am. 179]

| (bd) | seeking input into the annual work programme and the annual study prepared by the Coordination Group. [Am. 180] |
| --- | --- |

(bd)

seeking input into the annual work programme and the annual study prepared by the Coordination Group. [Am. 180]

The interests and the founding documents of the stakeholders, as well as a summary of annual meetings and possible activities, shall be published on the IT platform referred to in Article 27. [Am. 181]

4.   On the request of the Coordination Group, the Commission shall invite patients
  , health professionals
  and clinical experts nominated by the stakeholder network to attend meetings of the Coordination Group as observers. [Am. 182]

5.   On the request of the Coordination Group, the stakeholder network shall support the Coordination Group in the identification of patient and clinical expertise for the work of its sub-groups.

Article 27

IT Platform

1.   
  Building on the work already undertaken by the EUnetHTA Joint Actions,
  the Commission shall develop and maintain an IT platform containing information on: [Am. 183]

| (a) | planned, on-going, and completed joint clinical assessments and Member State health technology assessments; |
| --- | --- |

(a)

planned, on-going, and completed joint clinical assessments and Member State health technology assessments;

| (b) | joint scientific consultations; |
| --- | --- |

(b)

joint scientific consultations;

| (c) | studies on the identification of emerging health technologies; |
| --- | --- |

(c)

studies on the identification of emerging health technologies;

| (d) | results of the voluntary cooperation between Member States; |
| --- | --- |

(d)

results of the voluntary cooperation between Member States;

| (da) | a list of members of the Coordination Group, its sub-groups and other experts, together with their declaration of financial interests; [Am. 184] |
| --- | --- |

(da)

a list of members of the Coordination Group, its sub-groups and other experts, together with their declaration of financial interests; [Am. 184]

| (db) | all information whose publication is required under this Regulation; [Am. 185] |
| --- | --- |

(db)

all information whose publication is required under this Regulation; [Am. 185]

| (dc) | final joint clinical assessment reports and summary reports in a lay-friendly format in all official languages of the European Union; [Am. 186] |
| --- | --- |

(dc)

final joint clinical assessment reports and summary reports in a lay-friendly format in all official languages of the European Union; [Am. 186]

| (dd) | a list of organisations included in the stakeholder network. [Am. 187] |
| --- | --- |

(dd)

a list of organisations included in the stakeholder network. [Am. 187]

2.   The Commission shall ensure appropriate levels of

  public
  access to the information contained in the IT platform. for Member State bodies, members of the stakeholder network, and the general public.
  [Am. 188]

Article 28

Implementation Report

  Evaluation report on the transitional period [Am. 189]

No later than two years after

  At
  the end of the transitional period referred to in Article 33(1)

  33 and before the harmonised system for health technology assessment established under this Regulation becomes mandatory
  , the Commission shall
  submit an impact assessment
  report on the implementation

  whole
  of the provisions on

  procedure that has been introduced, which shall evaluate, among other criteria, the progress made in relation to patient access to new health technologies and the functioning of the internal market, the impact on the quality of innovation, such as the development of innovative medicinal products in areas of unmet need, on the sustainability of health systems, the HTA quality and the capacity at the national and regional level, as well as the appropriateness of
  the scope of the joint clinical assessments and on the functioning of the support framework referred to in this Chapter. [Am. 190]

Chapter V

Chapter V

Final Provisions

Final Provisions

Article 29

Evaluation and Monitoring

1.   No later than five years after the publication of the report referred to in Article 28, the Commission shall carry out an evaluation of this Regulation, and report on its conclusions.

2.   By ... [one year after the date of application] at the latest, the Commission shall establish a programme for monitoring the implementation of this Regulation. The monitoring programme shall set out the means by which and the intervals at which the data and other necessary evidence will be collected. The monitoring programme shall specify the action to be taken by the Commission and by the Member States in collecting and analysing the data and other evidence.

3.   The annual reports of the Coordination Group shall be used as part of the monitoring programme.

Article 30

Committee Procedure

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

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

Article 31

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 17 and 23 shall be conferred on the Commission for an indeterminate period of time from ...

  [insert date of entry into force of this Regulation
  ].

3.   The delegation of power referred to in Articles 17 and 23 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

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

6.   A delegated act adopted pursuant to Articles 17 and 23 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.
  [Am. 191]

Article 32

Preparation of Implementing and Delegated Acts [Am. 192]

1.   The Commission shall adopt the implementing and delegated acts referred to in Articles 11, 16, 17
  and
  22, and 23, at the latest by the date of application of this Regulation. [Am. 193]

2.   When preparing those implementing and delegated acts, the Commission shall take into account the distinctive characteristics of the medicinal product and medical device sectors
  , and shall consider the work already undertaken in the EUnetHTA Joint Actions
  . [Am. 194]

Article 33

Transitional Provisions

1.   Member States may delay their participation in the system of joint clinical assessments and joint scientific consultations referred to in sections 1 and 2 of Chapter II until ... [3

  4
  years after the date of application]
  for medicinal products referred to in points (a) and (aa) of Article 5(1), and until ... [7 years after the date of application] for medical devices referred in Article point (b) of Article 5(1) and for in vitro diagnostic medical devices referred in point (c) of Article 5(1). [Am. 195]

2.   Member States shall notify the Commission where they intend to make use of the transitional period set out in paragraph 1 at the latest one year before the date of application of this Regulation.

3.   Member States which have delayed their participation in accordance with paragraph 1 may begin participating with effect from the next financial year after having notified the Commission at least three months before the beginning of that financial year.

Article 34

Safeguard Clause

1.   Member States may carry out a clinical assessment using means other than the rules provided for in Chapter III of this Regulation,
  on the grounds set out in Article 8(1a), and
  on grounds related to the need to protect public health in the Member State concerned and provided the measure is justified, necessary and proportionate as regards achieving that aim. [Am. 196]

2.   Member States shall notify the Commission
  and the Coordination Group
  of their intention to carry out a clinical assessment using other means together with the justifications for doing so. [Am. 197]

2a.
     
  The Coordination Group may assess whether the request fulfils the grounds referred to in paragraph 1, and may submit its conclusions to the Commission. [Am. 198]

3.   The Commission shall, within three months of the date of receiving the notification provided for in paragraph 2, approve or reject the planned assessment after having verified whether or not it complies with the requirements referred to in paragraph 1 and whether or not it is a means of arbitrary discrimination or a disguised restriction on trade between Member States. In the absence of a decision by the Commission by the end of the three month period, the planned clinical assessment shall be deemed to be approved.
  The Commission’s decision shall be published on the IT platform referred to in Article 27. [Am. 199]

Article 35

Amendment of Directive 2011/24/EU

1.   Article 15 of Directive 2011/24/EU is deleted.

2.   References to the deleted Article shall be construed as references to this Regulation.

Article 36

Entry into Force and Date of Application

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

2.   It shall apply from ... [3 years after date of entry into force].

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 283, 10.8.2018, p. 28.

1

(2)  OJ C ...

2

(3)  Position of the European Parliament of 14 February 2019.

3

(4)  

  OJ C 263, 25.7.2018, p. 4.

4

OJ C 263, 25.7.2018, p. 4.

(5)  
  Directive 2011/24/EU of 9 March 2011 of the European Parliament and of the Council on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45).

5

Directive 2011/24/EU of 9 March 2011 of the European Parliament and of the Council on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45).

(6)  

  OJ C 438, 6.12.2014, p. 12.

6

OJ C 438, 6.12.2014, p. 12.

(7)  European Parliament resolution of 2 March 2017 on EU options for improving access to medicines — 2016/2057(INI).

7

(8)  COM(2015)0550, p. 19.

8

(9)  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).

9

(10)  Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1).

10

(11)  
  Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU
  (

  OJ L 117, 5.5.2017, p. 176).

11

Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU

OJ L 117, 5.5.2017, p. 176).

(12)  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).

12

(13)  Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).

13

Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).

(14)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).

14

(15)  
  Council Directive 89/105/EEC of 21 December 1988 relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of national health insurance systems (OJ L 40, 11.2.1989, p. 8)
  .

15

Council Directive 89/105/EEC of 21 December 1988 relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of national health insurance systems (OJ L 40, 11.2.1989, p. 8)

(16)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

16

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/673 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/673

---

P8_TA(2019)0121

Framework for screening of foreign direct investments into the European Union ***I

European Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council establishing a framework for screening of foreign direct investments into the European Union (COM(2017)0487 — C8-0309/2017 — 2017/0224(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/67)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2017)0487), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2017)0487),

| — | having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0309/2017), |
| --- | --- |

—

having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0309/2017),

| — | 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 19 April 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 19 April 2018 (1),

| — | having regard to the opinion of the Committee of the Regions of 23 March 2018 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 23 March 2018 (2),

| — | having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 5 December 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 5 December 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on International Trade and the opinions of the Committee on Industry, Research and Energy, the Committee on Foreign Affairs and the Committee on Economic and Monetary Affairs (A8-0198/2018), |
| --- | --- |

—

having regard to the report of the Committee on International Trade and the opinions of the Committee on Industry, Research and Energy, the Committee on Foreign Affairs and the Committee on Economic and Monetary Affairs (A8-0198/2018),

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

1.

| 2. | Takes note of the statement by the Commission annexed to this resolution, which will be published in the L series of the Official Journal of the European Union together with the final legislative act; |
| --- | --- |

2.

| 3. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

3.

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

4.

---

(1)  OJ C 262, 25.7.2018, p. 94.

(2)  OJ C 247, 13.7.2018, p. 28.

---

P8_TC1-COD(2017)0224

Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council establishing a framework for the screening of foreign direct investments into the Union

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/452.)

---

ANNEX TO THE LEGISLATIVE RESOLUTION

COMMISSION STATEMENT

Following the request of the European Parliament, the European Commission undertakes to:

| — | share with the European Parliament the standardised forms which the European Commission will prepare to facilitate compliance of Member States with the annual reporting obligations under Article 5 of the Regulation once they are finalised, and |
| --- | --- |

—

share with the European Parliament the standardised forms which the European Commission will prepare to facilitate compliance of Member States with the annual reporting obligations under Article 5 of the Regulation once they are finalised, and

| — | share with the European Parliament such standardised forms each year, in parallel to presenting the annual report to the European Parliament and to the Council, in accordance with Article 5(3) of the Regulation. |
| --- | --- |

—

share with the European Parliament such standardised forms each year, in parallel to presenting the annual report to the European Parliament and to the Council, in accordance with Article 5(3) of the Regulation.

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/676 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/676

---

P8_TA(2019)0122

Interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union ***I

European Parliament legislative resolution of 14 February 2019 on the proposal for a Directive of the European Parliament and of the Council on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union (recast) (COM(2017)0280 — C8-0173/2017 — 2017/0128(COD))

(Ordinary legislative procedure — recast)

(2020/C 449/68)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2017)0280), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2017)0280),

| — | having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0173/2017), |
| --- | --- |

—

having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0173/2017),

| — | 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 18 October 2017 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 18 October 2017 (1),

| — | after consulting the Committee of the Regions, |
| --- | --- |

—

after consulting the Committee of the Regions,

| — | 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 24 July 2017 from the Committee on Legal Affairs to the Committee on Transport and Tourism in accordance with Rule 104(3) of its Rules of Procedure, |
| --- | --- |

—

having regard to the letter of 24 July 2017 from the Committee on Legal Affairs to the Committee on Transport and Tourism in accordance with Rule 104(3) of its Rules of Procedure,

| — | having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 28 November 2018 to approve Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 28 November 2018 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 104 and 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 104 and 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0199/2018), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0199/2018),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal, and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance; |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal, and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

| 1. | 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.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

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

3.

---

(1)  OJ C 81, 2.3.2018, p. 181.

(2)  OJ C 77, 28.3.2002, p. 1.

---

P8_TC1-COD(2017)0128

Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Directive (EU) 2019/... of the European Parliament and of the Council on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union (recast)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2019/520.)

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/678 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/678

---

P8_TA(2019)0123

Mutual recognition of goods lawfully marketed in another Member State ***I

European Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council on the mutual recognition of goods lawfully marketed in another Member State (COM(2017)0796 — C8-0005/2018 — 2017/0354(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/69)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2017)0796), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2017)0796),

| — | 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 (C8-0005/2018), |
| --- | --- |

—

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 (C8-0005/2018),

| — | 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 23 May 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 23 May 2018 (1),

| — | having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 28 November 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 28 November 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection (A8-0274/2018), |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection (A8-0274/2018),

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

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

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

3.

---

(1)  OJ C 283, 10.8.2018, p. 19.

---

P8_TC1-COD(2017)0354

Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council on the mutual recognition of goods lawfully marketed in another Member State and repealing Regulation (EC) No 764/2008

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/515.)

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/679 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/679

---

P8_TA(2019)0124

Charges on cross-border payments in the Union and currency conversion charges ***I

European Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 924/2009 as regards certain charges on cross-border payments in the Union and currency conversion charges (COM(2018)0163 — C8-0129/2018 — 2018/0076(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/70)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2018)0163), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2018)0163),

| — | 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 (C8-0129/2018), |
| --- | --- |

—

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 (C8-0129/2018),

| — | 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 31 August 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Central Bank of 31 August 2018 (1),

| — | having regard to the opinion of the European Economic and Social Committee of 11 July 2018 (2), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 11 July 2018 (2),

| — | having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 19 December 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 19 December 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A8-0360/2018), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A8-0360/2018),

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

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

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

3.

---

(1)  OJ C 382, 23.10.2018, p. 7.

(2)  OJ C 367, 10.10.2018, p. 28.

---

P8_TC1-COD(2018)0076

Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) 2019/... of the European Parliament and of the Council amending Regulation (EC) No 924/2009 as regards certain charges on cross-border payments in the Union and currency conversion charges

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/518.)

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/680 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/680

---

P8_TA(2019)0125

Common rules for access to the international market for coach and bus services ***I

European Parliament legislative resolution of 14 February 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services (COM(2017)0647 — C8-0396/2017 — 2017/0288(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/71)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2017)0647), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2017)0647),

| — | having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0396/2017), |
| --- | --- |

—

having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0396/2017),

| — | 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 Irish Houses of the Oireachtas, 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 Irish Houses of the Oireachtas, 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 19 April 2018 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 19 April 2018 (1),

| — | having regard to the opinion of the Committee of the Regions (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions (2),

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Transport and Tourism (A8-0032/2019), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism (A8-0032/2019),

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

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

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

3.

---

(1)  OJ C 262, 25.7.2018, p. 47.

(2)  OJ C 387, 25.10.2018, p. 70.

---

P8_TC1-COD(2017)0288

Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council amending Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services

(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 91(1) 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),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | The application of Regulation (EC) No 1073/2009 of the European Parliament and of the Council (4) has revealed that
  some
  operators in national markets are facing
  unjustified
  obstacles to the development of inter-urban coach services
  of benefit to passengers
  . Moreover, road passenger transport services have not kept pace with the evolving needs of citizens in terms of availability and quality and sustainable transport modes continue to have a low modal share. As a consequence, certain groups of citizens are placed at a disadvantage in terms of availability of passenger transport services, and there are more road accidents, emissions, and congestion
  and increased infrastructure costs
  due to greater use of cars. [Am. 1] |
| --- | --- |

(1)

The application of Regulation (EC) No 1073/2009 of the European Parliament and of the Council (4) has revealed that
  some
  operators in national markets are facing
  unjustified
  obstacles to the development of inter-urban coach services
  of benefit to passengers
  . Moreover, road passenger transport services have not kept pace with the evolving needs of citizens in terms of availability and quality and sustainable transport modes continue to have a low modal share. As a consequence, certain groups of citizens are placed at a disadvantage in terms of availability of passenger transport services, and there are more road accidents, emissions, and congestion
  and increased infrastructure costs
  due to greater use of cars. [Am. 1]

| (2) | To ensure a coherent framework for the inter-urban carriage of passengers by regular coach and bus services throughout the Union, Regulation (EC) No 1073/2009 should apply to all inter-urban carriage by regular services. The scope of that Regulation should therefore be extended
  , but should not be applied to urban or suburban centres or conurbations and should be without prejudice to the provisions of Regulation (EC) No 1370/2007 of the European Parliament and of the Council
   (5). [Am. 2] |
| --- | --- |

(2)

To ensure a coherent framework for the inter-urban carriage of passengers by regular coach and bus services throughout the Union, Regulation (EC) No 1073/2009 should apply to all inter-urban carriage by regular services. The scope of that Regulation should therefore be extended
  , but should not be applied to urban or suburban centres or conurbations and should be without prejudice to the provisions of Regulation (EC) No 1370/2007 of the European Parliament and of the Council
   (5). [Am. 2]

| (3) | Each Member State
  should
  designate
  an independent and impartial regulatory body, should be designated in each Member State

  with the task of issuing binding opinions,
  to ensure the proper functioning of the road passenger transport market. That body may also be responsible for other regulated sectors such as rail, energy or telecommunications. [Am. 3] |
| --- | --- |

(3)

Each Member State
  should
  designate
  an independent and impartial regulatory body, should be designated in each Member State

  with the task of issuing binding opinions,
  to ensure the proper functioning of the road passenger transport market. That body may also be responsible for other regulated sectors such as rail, energy or telecommunications. [Am. 3]

| (4) | Commercial regular service operations should not compromise the economic equilibrium of existing
  or granted
  public service contracts
  in accordance with Regulation (EC) No 1370/2007
  . For this reason, the regulatory body should be able to carry out an objective economic analysis
  and should have the authority, where appropriate, to propose measures necessary
  to ensure that this is the case.
  Commercial regular service operations should not compete with transport providers who have been granted exclusive rights to provide certain public passenger transport services in return for the discharge of public service obligations within the framework of a public service contract. [Am. 4] |
| --- | --- |

(4)

Commercial regular service operations should not compromise the economic equilibrium of existing
  or granted
  public service contracts
  in accordance with Regulation (EC) No 1370/2007
  . For this reason, the regulatory body should be able to carry out an objective economic analysis
  and should have the authority, where appropriate, to propose measures necessary
  to ensure that this is the case.
  Commercial regular service operations should not compete with transport providers who have been granted exclusive rights to provide certain public passenger transport services in return for the discharge of public service obligations within the framework of a public service contract. [Am. 4]

| (5) | The operation of
  regular services in the form of cabotage operations should be conditional on the possession of a Community licence
  and the use of a smart tachograph in accordance with Chapter II of Regulation (EU) No 165/2014 of the European Parliament and of the Council
   (6). In order to facilitate effective controls of those services by enforcement authorities, the rules regarding the issuing of Community licences should be clarified
  and the Internal Market Information System (IMI) module developed for the sending of posting declarations and electronic applications, enabling the inspectors carrying out the roadside checks to have direct real-time access to data and information contained in the European Register of Road Transport Undertakings (ERRU) and in the IMI and so as to ensure that social contributions are actually paid for posted bus drivers. [Am. 5] |
| --- | --- |

(5)

The operation of
  regular services in the form of cabotage operations should be conditional on the possession of a Community licence
  and the use of a smart tachograph in accordance with Chapter II of Regulation (EU) No 165/2014 of the European Parliament and of the Council
   (6). In order to facilitate effective controls of those services by enforcement authorities, the rules regarding the issuing of Community licences should be clarified
  and the Internal Market Information System (IMI) module developed for the sending of posting declarations and electronic applications, enabling the inspectors carrying out the roadside checks to have direct real-time access to data and information contained in the European Register of Road Transport Undertakings (ERRU) and in the IMI and so as to ensure that social contributions are actually paid for posted bus drivers. [Am. 5]

| (6) | In order to ensure fair competition in the market, operators of regular services should be provided with access rights to terminals in the Union on fair, equitable, non-discriminatory and transparent terms.
  The operation of a terminal should be approved by a national authority, which should verify which requirements are necessary and which must be fulfilled.
  Appeals against decisions rejecting or limiting access should be lodged with the regulatory body.
  Member States might exclude terminals that are owned and used solely by the terminal operator for its own road passenger transport services. [Am. 6] |
| --- | --- |

(6)

In order to ensure fair competition in the market, operators of regular services should be provided with access rights to terminals in the Union on fair, equitable, non-discriminatory and transparent terms.
  The operation of a terminal should be approved by a national authority, which should verify which requirements are necessary and which must be fulfilled.
  Appeals against decisions rejecting or limiting access should be lodged with the regulatory body.
  Member States might exclude terminals that are owned and used solely by the terminal operator for its own road passenger transport services. [Am. 6]

| (7) | While maintaining authorisation for regular services, certain rules regarding the authorisation procedure should be adapted. |
| --- | --- |

(7)

While maintaining authorisation for regular services, certain rules regarding the authorisation procedure should be adapted.

| (8) | Authorisation for both national and international regular services should be subject to an authorisation procedure. Authorisation should be granted, unless there are specific grounds for refusal attributable to the applicant, or the service would compromise the economic equilibrium of a public service contract. A distance threshold
  , determined by the Member States, which should in any event not exceed 100 kilometres journey distance,
  should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts. In the case of routes already served by more than one public service contract, it should be possible to increase that threshold.
  [Am. 7] |
| --- | --- |

(8)

Authorisation for both national and international regular services should be subject to an authorisation procedure. Authorisation should be granted, unless there are specific grounds for refusal attributable to the applicant, or the service would compromise the economic equilibrium of a public service contract. A distance threshold
  , determined by the Member States, which should in any event not exceed 100 kilometres journey distance,
  should be introduced to ensure that commercial regular service operations do not compromise the economic equilibrium of existing public service contracts. In the case of routes already served by more than one public service contract, it should be possible to increase that threshold.
  [Am. 7]

| (9) | Non-resident carriers should be able to operate national regular services under the same conditions as resident carriers
  , as long as they have complied with road transport or other relevant provisions of national, Union and international law
  . [Am. 8] |
| --- | --- |

(9)

Non-resident carriers should be able to operate national regular services under the same conditions as resident carriers
  , as long as they have complied with road transport or other relevant provisions of national, Union and international law
  . [Am. 8]

| (10) | Administrative formalities should be reduced as much as

  where
  possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of Regulation (EC) No 1073/2009. The journey form constitutes an unnecessary administrative burden and should therefore be abolished.
  [Am. 9] |
| --- | --- |

(10)

Administrative formalities should be reduced as much as

  where
  possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of Regulation (EC) No 1073/2009. The journey form constitutes an unnecessary administrative burden and should therefore be abolished.
  [Am. 9]

| (11) | Local excursions are an authorised cabotage operation and are covered by the general rules on cabotage. The article on local excursions should therefore be deleted.
  [Am. 10] |
| --- | --- |

(11)

Local excursions are an authorised cabotage operation and are covered by the general rules on cabotage. The article on local excursions should therefore be deleted.
  [Am. 10]

| (12) | In view of the importance of effective enforcement of Regulation (EC) No 1073/2009, the rules on inspections at the roadside and in undertakings should be amended to include cabotage operations. |
| --- | --- |

(12)

In view of the importance of effective enforcement of Regulation (EC) No 1073/2009, the rules on inspections at the roadside and in undertakings should be amended to include cabotage operations.

| (13) | Insofar as this Regulation harmonises the rules in national markets for regular coach and bus services and access to terminals, its objectives, namely the promotion of inter-urban mobility and the increase of the modal share of sustainable passenger transport modes, cannot be sufficiently achieved by the Member States. Therefore, the Union may adopt measures, in line 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 Regulation does not go beyond what is necessary to achieve the objectives pursued. |
| --- | --- |

(13)

Insofar as this Regulation harmonises the rules in national markets for regular coach and bus services and access to terminals, its objectives, namely the promotion of inter-urban mobility and the increase of the modal share of sustainable passenger transport modes, cannot be sufficiently achieved by the Member States. Therefore, the Union may adopt measures, in line 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 Regulation does not go beyond what is necessary to achieve the objectives pursued.

| (14) | In order to take into account market developments and technical 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 to amend Annexes I and II to Regulation (EC) No 1073/2009, and to supplement that Regulation with rules concerning the format of certificates for own-account transport operations, the format of applications for authorisations and authorisations themselves, the procedure and criteria to be followed to determine if a proposed service would compromise the economic equilibrium of a public service contract, and the reporting obligations of Member States. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in line with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (7). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as the Member States’ experts, and the European Parliament and the Council experts should systematically have access to the Commission’s expert group meetings dealing with the preparation of delegated acts. [Am. 11] |
| --- | --- |

(14)

In order to take into account market developments and technical 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 to amend Annexes I and II to Regulation (EC) No 1073/2009, and to supplement that Regulation with rules concerning the format of certificates for own-account transport operations, the format of applications for authorisations and authorisations themselves, the procedure and criteria to be followed to determine if a proposed service would compromise the economic equilibrium of a public service contract, and the reporting obligations of Member States. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in line with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (7). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as the Member States’ experts, and the European Parliament and the Council experts should systematically have access to the Commission’s expert group meetings dealing with the preparation of delegated acts. [Am. 11]

| (15) | Regulation (EC) No 1073/2009 should therefore be amended accordingly, |
| --- | --- |

(15)

Regulation (EC) No 1073/2009 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1073/2009 is amended as follows:

| (1) | in Article 1, paragraph 4 is replaced by the following:

  ‘4.   This Regulation shall apply to national
  interurban
  road passenger services for hire or reward operated by a non-resident carrier as provided for in Chapter V
  , and shall be without prejudice to the provisions of Regulation (EC) No 1370/2007
  .’; [Am. 12] |
| --- | --- |

(1)

in Article 1, paragraph 4 is replaced by the following:

‘4.   This Regulation shall apply to national
  interurban
  road passenger services for hire or reward operated by a non-resident carrier as provided for in Chapter V
  , and shall be without prejudice to the provisions of Regulation (EC) No 1370/2007
  .’; [Am. 12]

| (2) | Article 2 is amended as follows:






  (a) | point 2 is replaced by the following:

  ‘2.   “regular services” means services which provide for the carriage of passengers at specified intervals along specified routes, either without intermediate stopping points or with passengers being picked up and set down at predetermined stopping points;’; |
| --- | --- | --- |

(2)

Article 2 is amended as follows:

(a)

point 2 is replaced by the following:

‘2.   “regular services” means services which provide for the carriage of passengers at specified intervals along specified routes, either without intermediate stopping points or with passengers being picked up and set down at predetermined stopping points;’;

| (b) | point 7 is replaced by the following:



  ‘7.   “cabotage operation” means a national road passenger transport service operated for hire or reward in a host Member State;’;
  [Am. 83] |
| --- | --- |

(b)

(b)

point 7 is replaced by the following:

point 7 is replaced by the following:

‘7.   “cabotage operation” means a national road passenger transport service operated for hire or reward in a host Member State;’;
  [Am. 83]

| (c) | the following points 9 to 11b are added:






  ‘9. | “terminal” means any

  an authorised
  facility with a minimum area of 600m2, which provides a parking place that is used by coaches and buses for the setting down or picking up

  alighting or boarding
  of passengers; [Am. 13] |
| --- | --- | --- |

(c)

the following points 9 to 11b are added:

‘9.

“terminal” means any

an authorised

with a minimum area of 600m2,

setting down or picking up

alighting or boarding

[Am. 13]

| 10. | “terminal operator” means any entity
  in a Member State
  responsible for
  the management of
  a terminal
  , which meets professional competence and financial capacity requirements
  ; [Am. 14] |
| --- | --- |

10.

“terminal operator” means any entity
  in a Member State

the management of

, which meets professional competence and financial capacity requirements

[Am. 14]

| 11. | “viable alternative” means another terminal which is economically acceptable to the carrier
  and provides comparable infrastructure and connectivity to the terminal originally applied for, allows passengers access to other forms of public transport,
  and allows
  the carrier
  to operate the passenger service concerned
  in a similar manner to the terminal originally applied for; [Am. 15] |
| --- | --- |

11.

“viable alternative” means another terminal which is economically acceptable to the carrier
  and provides comparable infrastructure and connectivity to the terminal originally applied for, allows passengers access to other forms of public transport,

the carrier

in a similar manner to the terminal originally applied for;

| 11a. | “public service contract” means one or more legally binding acts confirming the agreement between a competent authority and a public service operator to entrust to that public service operator the management and operation of public passenger transport services subject to public service obligations; depending on the law of the Member State, the contract may also consist of a decision adopted by the competent authority taking the form of an individual legislative or regulatory act, or containing conditions under which the competent authority itself provides the services or entrusts the provision of such services to an internal operator; [Am. 16] |
| --- | --- |

11a.

11a.

“public service contract” means one or more legally binding acts confirming the agreement between a competent authority and a public service operator to entrust to that public service operator the management and operation of public passenger transport services subject to public service obligations; depending on the law of the Member State, the contract may also consist of a decision adopted by the competent authority taking the form of an individual legislative or regulatory act, or containing conditions under which the competent authority itself provides the services or entrusts the provision of such services to an internal operator;

| 11b. | “alternative route” means a route between the same starting point and destination taken by an existing regular service that can be used instead.’; [Am. 17] |
| --- | --- |

11b.

11b.

“alternative route” means a route between the same starting point and destination taken by an existing regular service that can be used instead.’;

| (3) | the following Article is inserted before Chapter II:

  ‘Article 3a
  Regulatory body

  1.   Each

  The competent authorities in each
  Member State shall designate a single national
  public
  regulatory body for the road passenger transport sector. That body shall be an impartial authority which is, in organisational, functional, hierarchical and decision making terms, legally distinct
  , transparent
  and independent from any other public or private entity. It shall be independent from any competent authority involved in the award of a public service contract. [Am. 18]

  The regulatory body may be
  an existing body which is
  responsible for other regulated sectors

  services
  . [Am. 19]



  2.   The regulatory body for the road passenger transport sector shall have the necessary organisational capacity in terms of human
  , financial
  and other resources
  to fulfil its duties
  , which shall be proportionate to the importance of that sector in the Member State concerned. [Am. 20]





  2a.
     
  Without prejudice to the powers of the national competition authorities, the regulatory body shall have the power to monitor the competitive situation in the domestic market for regular passenger transport services by road, with a view to preventing discrimination or the abuse of a dominant position in the market, including through sub-contracting. Its opinions shall be binding. [Am. 21]



  3.   The regulatory body shall perform the following tasks:






  (a) | carry out economic analyses of whether a proposed new service would compromise the economic equilibrium of a public service contract; |
| --- | --- | --- |

(3)

the following Article is inserted before Chapter II:

‘Article 3a

Regulatory body

1.   Each

  The competent authorities in each
  Member State shall designate a single national
  public
  regulatory body for the road passenger transport sector. That body shall be an impartial authority which is, in organisational, functional, hierarchical and decision making terms, legally distinct
  , transparent
  and independent from any other public or private entity. It shall be independent from any competent authority involved in the award of a public service contract. [Am. 18]

The regulatory body may be
  an existing body which is
  responsible for other regulated sectors

  services
  . [Am. 19]

2.   The regulatory body for the road passenger transport sector shall have the necessary organisational capacity in terms of human
  , financial
  and other resources
  to fulfil its duties
  , which shall be proportionate to the importance of that sector in the Member State concerned. [Am. 20]

2a.
     
  Without prejudice to the powers of the national competition authorities, the regulatory body shall have the power to monitor the competitive situation in the domestic market for regular passenger transport services by road, with a view to preventing discrimination or the abuse of a dominant position in the market, including through sub-contracting. Its opinions shall be binding. [Am. 21]

3.   The regulatory body shall perform the following tasks:

(a)

carry out economic analyses of whether a proposed new service would compromise the economic equilibrium of a public service contract;

| (b) | collect and provide information on access to terminals
  with an aim of ensuring that access to the terminals for service operators is granted under fair, equitable, non-discriminatory and transparent conditions
  ; and
  [Am. 22] |
| --- | --- |

(b)

collect and provide information on access to terminals
  with an aim of ensuring that access to the terminals for service operators is granted under fair, equitable, non-discriminatory and transparent conditions
  ; and
  [Am. 22]

| (c) | decide on appeals against decisions of terminal operators.
  ; and [Am. 23] |
| --- | --- |

(c)

decide on appeals against decisions of terminal operators.
  ; and [Am. 23]

| (ca) | create a publicly accessible electronic register, listing all authorised national and international regular services. [Am. 24] |
| --- | --- |

(ca)

create a publicly accessible electronic register, listing all authorised national and international regular services. [Am. 24]

4.   The regulatory body may, in exercising its tasks, request relevant information from the

  other
  competent authorities, terminal operators, applicants for authorisation and any third party involved within the territory of the Member State concerned. [Am. 25]

Information requested shall be supplied within a reasonable period set by the regulatory body, and not exceeding

  which shall not exceed
  one month. In
  duly
  justified cases, the regulatory body may extend the time limit for submission of information by a maximum of two weeks. The regulatory body shall be able to enforce requests for information by means of penalties which are effective, proportionate and dissuasive. [Am. 26]

5.   Member States shall ensure that decisions taken by the regulatory body are subject to
  prompt
  judicial review. That review may have suspensive effect only when the immediate effect of the regulatory body’s decision may cause irretrievable or manifestly excessive damages for the appellant. This provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law of the Member State concerned. [Am. 27]

6.   Decisions taken by the regulatory body shall be made public
  within two weeks of their adoption
  .’; [Am. 28]

| (4) | Article 4 is amended as follows:






  (a) | paragraph 1 is replaced with the following:

  ‘1.   International carriage of passengers and cabotage operations by coach and bus shall be carried out subject to possession of a Community licence issued by the competent authorities of the Member State of establishment.’; |
| --- | --- | --- |

(4)

Article 4 is amended as follows:

(a)

paragraph 1 is replaced with the following:

‘1.   International carriage of passengers and cabotage operations by coach and bus shall be carried out subject to possession of a Community licence issued by the competent authorities of the Member State of establishment.’;

| (b) | in paragraph 2, the third subparagraph is replaced by the following:
  ‘The Commission is empowered to adopt delegated acts in accordance with Article 26 amending Annexes I and II in order to adapt them to technical progress.’; |
| --- | --- |

(b)

in paragraph 2, the third subparagraph is replaced by the following:

‘The Commission is empowered to adopt delegated acts in accordance with Article 26 amending Annexes I and II in order to adapt them to technical progress.’;

| (5) | Article 5 is amended as follows:






  (a) | in paragraph 3, the fifth subparagraph is deleted; |
| --- | --- | --- |

(5)

Article 5 is amended as follows:

(a)

in paragraph 3, the fifth subparagraph is deleted;

| (b) | in paragraph 5, the third subparagraph is replaced by the following:
  ‘The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the format of the certificates.’; |
| --- | --- |

(b)

in paragraph 5, the third subparagraph is replaced by the following:

‘The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the format of the certificates.’;

| (6) | the following Article is inserted:

  ‘Article 5a
  Access to terminals

  1.   Terminal operators shall grant carriers the right to access terminals for the purpose of operating regular services including any facilities or services provided in that terminal under fair, equitable, non-discriminatory and transparent conditions.




  1a.
     
  Where terminal operators grant access, bus and coach operators shall comply with the terminal’s existing terms and conditions. [Am. 29]



  2.   Terminal operators shall endeavour to accommodate all requests for access in order to ensure optimum use of terminals.
  Requests for access
  to terminals
  may be refused only on the

  duly justified
  grounds of lack of capacity
  considerations, repeated failure to pay fees, duly documented serious and repeated infringements by the road transport operator, or other national provisions, provided they are consistently applied and do not discriminate either against particular carriers seeking access to a terminal, or their associated business models. If a request is refused, the terminal operator shall also communicate its decision to the regulatory authority. [Am. 30]

  Where a terminal operator refuses a request for access, it shall

  is encouraged to
  indicate any

  best
  viable alternatives
  of which it is aware
  . [Am. 31]



  3.   Terminal operators shall publish at least the following information in two or more official

  the respective national
  languages
  and one other official language
  of the Union: [Am. 32]







  (a) | a list of all services provided, and the prices for those services; |
| --- | --- | --- |

(6)

the following Article is inserted:

‘Article 5a

Access to terminals

1.   Terminal operators shall grant carriers the right to access terminals for the purpose of operating regular services including any facilities or services provided in that terminal under fair, equitable, non-discriminatory and transparent conditions.

1a.
     
  Where terminal operators grant access, bus and coach operators shall comply with the terminal’s existing terms and conditions. [Am. 29]

2.   Terminal operators shall endeavour to accommodate all requests for access in order to ensure optimum use of terminals.

Requests for access
  to terminals
  may be refused only on the

  duly justified
  grounds of lack of capacity
  considerations, repeated failure to pay fees, duly documented serious and repeated infringements by the road transport operator, or other national provisions, provided they are consistently applied and do not discriminate either against particular carriers seeking access to a terminal, or their associated business models. If a request is refused, the terminal operator shall also communicate its decision to the regulatory authority. [Am. 30]

Where a terminal operator refuses a request for access, it shall

  is encouraged to
  indicate any

  best
  viable alternatives
  of which it is aware
  . [Am. 31]

3.   Terminal operators shall publish at least the following information in two or more official

  the respective national
  languages
  and one other official language
  of the Union: [Am. 32]

(a)

a list of all services provided, and the prices for those services;

| (aa) | a list of all existing infrastructure and technical specifications of the terminal; [Am. 33] |
| --- | --- |

(aa)

a list of all existing infrastructure and technical specifications of the terminal; [Am. 33]

| (b) | the rules for scheduling the allocation of capacity; |
| --- | --- |

(b)

the rules for scheduling the allocation of capacity;

| (c) | the current timetable and capacity allocation. |
| --- | --- |

(c)

the current timetable and capacity allocation.

That information shall be made available free of charge in electronic format by the terminal operator and the regulatory body on request, and where they have websites, on those websites.

The information shall be kept up to date and amended as necessary.’;

3a.
     
  Member States may exclude terminals that are owned and used solely by the terminal operator for its own road passenger transport services from the application of this Article. When considering an application for exclusion, regulatory bodies shall take into account the availability of viable alternatives.”; [Am. 34]

| (7) | the following Article is inserted:

  ‘Article 5b
  Procedure for granting access to terminals

  1.   A carrier seeking access to a terminal shall submit an application to the terminal operator.



  2.   If access cannot be granted as requested in the application, the terminal operator shall initiate consultations with all interested carriers with a view to accommodating the application.
  [Am. 35]



  3.   The terminal operator shall take a decision on any application for access to a terminal within two months

  without delay and no later than one month
  of the date of submission of the application by the carrier. Decisions on

  Where
  access
  is refused, the terminal operator
  shall state the reasons on which they are based

  justify its decision
  . [Am. 36]



  4.   Applicants may appeal against decisions by terminal operators. Appeals shall be lodged with the regulatory body.


  5.   Where the regulatory body hears an appeal against a decision by a terminal operator, it shall adopt a reasoned decision within a fixed timeframe and, in any case within three weeks from receipt of all relevant information.
  The decision of the regulatory body on the appeal shall be binding
  , subject to national law provisions regarding judicial review
  . The regulatory body shall be able to enforce it by means of penalties which are effective, proportionate and dissuasive. [Am. 37]

  The decision shall be subject to judicial review only.’; |
| --- | --- |

(7)

the following Article is inserted:

‘Article 5b

Procedure for granting access to terminals

1.   A carrier seeking access to a terminal shall submit an application to the terminal operator.

2.   If access cannot be granted as requested in the application, the terminal operator shall initiate consultations with all interested carriers with a view to accommodating the application.
  [Am. 35]

3.   The terminal operator shall take a decision on any application for access to a terminal within two months

  without delay and no later than one month
  of the date of submission of the application by the carrier. Decisions on

  Where
  access
  is refused, the terminal operator
  shall state the reasons on which they are based

  justify its decision
  . [Am. 36]

4.   Applicants may appeal against decisions by terminal operators. Appeals shall be lodged with the regulatory body.

5.   Where the regulatory body hears an appeal against a decision by a terminal operator, it shall adopt a reasoned decision within a fixed timeframe and, in any case within three weeks from receipt of all relevant information.

The decision of the regulatory body on the appeal shall be binding
  , subject to national law provisions regarding judicial review
  . The regulatory body shall be able to enforce it by means of penalties which are effective, proportionate and dissuasive. [Am. 37]

The decision shall be subject to judicial review only.’;

| (8) | Article 6 is amended as follows:






  (a) | in paragraph 1, the first sentence of the first subparagraph is replaced by the following:
  ‘Authorisations shall be issued in the name of the carrier, in paper or electronic format and shall be non-transferable.’; |
| --- | --- | --- |

(8)

Article 6 is amended as follows:

(a)

in paragraph 1, the first sentence of the first subparagraph is replaced by the following:

‘Authorisations shall be issued in the name of the carrier, in paper or electronic format and shall be non-transferable.’;

| (b) | paragraph 4 is replaced by the following:

  ‘4.   The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the format of the authorisations.’; |
| --- | --- |

(b)

paragraph 4 is replaced by the following:

‘4.   The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the format of the authorisations.’;

| (9) | Article 7 is amended as follows:






  (a) | paragraphs 1 and 2 are replaced by the following:

  ‘1.   Applications for authorisation of regular services shall be submitted to the authorising authority in paper or electronic format.


  2.   The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the format of the applications.’; |
| --- | --- | --- |

(9)

Article 7 is amended as follows:

(a)

paragraphs 1 and 2 are replaced by the following:

‘1.   Applications for authorisation of regular services shall be submitted to the authorising authority in paper or electronic format.

2.   The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the format of the applications.’;

| (10) | Article 8 is replaced by the following:

  ‘Article 8


  Procedures for
  authorisation, procedure

  suspension and withdrawal of authorisation
  for the international carriage of passengers over a distance of less than

  up to
  100 kilometres as the crow flies

  journey distance [Am. 38]


  1.   Authorisations shall be issued in agreement with the competent authorities of all the Member States in whose territories passengers are picked up or set down and are carried over distances of less than

  defined by each Member State, up to
  100 kilometres as the crow flies

  journey distance
  . The authorising authority shall send a copy of the application, together with copies of any other relevant documentation, within two weeks of receipt of the application to such competent authorities with a request for their agreement. At the same time, the authorising authority shall forward those documents to the competent authorities of other Member States whose territories are crossed, for information. [Am. 39]



  2.   The competent authorities of the Member States whose agreement has been requested shall notify the authorising authority of their decision within three

  two
  months. The time limit shall be calculated from the date of receipt of the request for agreement which is demonstrated by the acknowledgement of receipt. If the competent authorities of the Member States whose agreement has been requested do not agree, they shall state the reasons. [Am. 40]

  If the competent authorities of the Member States whose agreement has been requested do not reply within the time limit laid down in the first subparagraph, they shall be deemed to have given their agreement.


  3.   The authorising authority shall take a decision on the application within four

  three
  months of the date of submission of the application by the carrier. [Am. 41]




  4.   Authorisation shall be granted unless refusal can be justified on one or more of the
  objective
  grounds
  related to the public interest
  listed in points (a) to (d) of Article 8c(2). [Am. 42]






  4a.

     
  In the event that an international regular bus and coach service has compromised the economic equilibrium of a public service contract, due to exceptional reasons which could not have been foreseen at the time of granting the authorisation and which lay not in the responsibility of the owner of the public service contract, the Member State concerned may, with the agreement of the Commission, suspend or withdraw the authorisation to provide the service, after having given six months’ notice to the carrier. The carrier shall have the possibility to appeal such decision. [Am. 43]



  5.   If one of the competent authorities does not agree to the authorisation, the matter may be referred to the Commission within two months following receipt of its reply.


  6.   After having consulted the Member States of the competent authorities which disagreed, the Commission shall, within four

  no later than two
  months from receipt of the communication from the authorising authority, take a decision. The decision shall take effect 30 days after its notification to the
  competent authorities in the
  Member States concerned. [Am. 44]



  7.   The Commission decision shall apply until such time as the Member States reach an agreement and the authorising authority adopts a decision on the application.”; |
| --- | --- |

(10)

Article 8 is replaced by the following:

‘Article 8

Procedures for
  authorisation, procedure

  suspension and withdrawal of authorisation
  for the international carriage of passengers over a distance of less than

  up to
  100 kilometres as the crow flies

  journey distance [Am. 38]

1.   Authorisations shall be issued in agreement with the competent authorities of all the Member States in whose territories passengers are picked up or set down and are carried over distances of less than

  defined by each Member State, up to
  100 kilometres as the crow flies

  journey distance
  . The authorising authority shall send a copy of the application, together with copies of any other relevant documentation, within two weeks of receipt of the application to such competent authorities with a request for their agreement. At the same time, the authorising authority shall forward those documents to the competent authorities of other Member States whose territories are crossed, for information. [Am. 39]

2.   The competent authorities of the Member States whose agreement has been requested shall notify the authorising authority of their decision within three

  two
  months. The time limit shall be calculated from the date of receipt of the request for agreement which is demonstrated by the acknowledgement of receipt. If the competent authorities of the Member States whose agreement has been requested do not agree, they shall state the reasons. [Am. 40]

If the competent authorities of the Member States whose agreement has been requested do not reply within the time limit laid down in the first subparagraph, they shall be deemed to have given their agreement.

3.   The authorising authority shall take a decision on the application within four

  three
  months of the date of submission of the application by the carrier. [Am. 41]

4.   Authorisation shall be granted unless refusal can be justified on one or more of the
  objective
  grounds
  related to the public interest
  listed in points (a) to (d) of Article 8c(2). [Am. 42]

4a.

     
  In the event that an international regular bus and coach service has compromised the economic equilibrium of a public service contract, due to exceptional reasons which could not have been foreseen at the time of granting the authorisation and which lay not in the responsibility of the owner of the public service contract, the Member State concerned may, with the agreement of the Commission, suspend or withdraw the authorisation to provide the service, after having given six months’ notice to the carrier. The carrier shall have the possibility to appeal such decision. [Am. 43]

5.   If one of the competent authorities does not agree to the authorisation, the matter may be referred to the Commission within two months following receipt of its reply.

6.   After having consulted the Member States of the competent authorities which disagreed, the Commission shall, within four

  no later than two
  months from receipt of the communication from the authorising authority, take a decision. The decision shall take effect 30 days after its notification to the
  competent authorities in the
  Member States concerned. [Am. 44]

7.   The Commission decision shall apply until such time as the Member States reach an agreement and the authorising authority adopts a decision on the application.”;

| (11) | the following Articles are inserted:

  ‘Article 8a

  Authorisation procedure

  Procedures for authorisation, suspension and withdrawal of authorisation
  for the international carriage of passengers over a distance of
  over
  100 kilometres or more as the crow flies

  journey distance [Am. 45]


  1.   The authorising authority shall take a decision on the application within

  without delay and no later than
  two months of the date of submission of the application by the carrier. [Am. 46]



  2.   Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (c)

  (ca)
  of Article 8c(2). [Am. 47]



  3.   The authorising authority shall forward to the competent authorities of all Member States in whose territories passengers are picked up or set down, as well as to the competent authorities of Member States whose territories are crossed without passengers being picked up or set down,

  boarding or alighting
  a copy of the application, together with copies of any other relevant documentation, and its assessment
  within two weeks of receipt of the application, with a request for their agreement. The authorising authority shall also forward the relevant documents to the competent authorities of the Member States whose territories are crossed without passengers boarding or alighting
  , for information. [Am. 48]





  3a.
     
  If one of the competent authorities of the Member States in whose territories passengers are boarding or alighting does not agree to the authorisation for one of the reasons set out in paragraph 2, authorisation may not be granted, but the matter may be referred to the Commission within one month of receipt of its reply. [Am. 49]





  3b.
     
  After having consulted the Member States of the competent authorities which disagreed, the Commission shall, within four months of receipt of the communication from the authorising authority, take a decision. The decision shall take effect 30 days after its notification to the Member States concerned. [Am. 50]





  3c.
     
  The Commission decision shall apply until such time as the Member States reach an agreement and the authorising authority adopts a decision on the application. [Am. 51]




  Article 8b
  Authorisation procedure for national regular services

  1.   The authorising authority shall take a decision on the application within

  no later than
  two months of the date of submission of the application by the carrier. This may be extended to four

  three
  months where an analysis is requested in accordance with point (d) of Article 8c(2). [Am. 52]



  2.   Authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (c)

  (ca)
  of Article 8c(2) and, if the service is carrying passengers over a distance of less

  up to, but no more
  than 100 kilometres as the crow flies

  journey distance
  , in point (d) of Article 8c(2). [Am. 53]




  3.   The distance referred to in paragraph 2 may be increased to 120 kilometres if the regular service to be introduced will serve a point of departure and a destination which are already served by more than one public service contract.
  [Am. 54]




  Article 8c
  Decisions of authorising authorities

  1.   Following the procedure laid down in Articles 8, 8a or 8b, the authorising authority shall grant the authorisation, grant the authorisation with limitations or reject the application. The authorising authority shall inform all the competent authorities referred to in Article 8(1) of its decision.


  2.   Decisions rejecting an application, or granting authorisation with limitations
  , or suspending or withdrawing authorisation
  shall state the reasons on which they are based
  and, where applicable, take into account the analyses of the regulatory body. The applicant or the carrier operating the service concerned shall have the possibility to appeal the decisions of the authorising authority
  . [Am. 55]


  Authorisation shall

  The application for authorisation may
  be granted unless rejection can be justified

  rejected only
  on one or more of the following grounds: [Am. 56]







  (a) | the applicant is unable to provide the service which is the subject of the application with equipment directly available to it; |
| --- | --- | --- |

(11)

the following Articles are inserted:

‘Article 8a

Authorisation procedure

  Procedures for authorisation, suspension and withdrawal of authorisation
  for the international carriage of passengers over a distance of
  over
  100 kilometres or more as the crow flies

  journey distance [Am. 45]

1.   The authorising authority shall take a decision on the application within

  without delay and no later than
  two months of the date of submission of the application by the carrier. [Am. 46]

2.   Authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (c)

  (ca)
  of Article 8c(2). [Am. 47]

3.   The authorising authority shall forward to the competent authorities of all Member States in whose territories passengers are picked up or set down, as well as to the competent authorities of Member States whose territories are crossed without passengers being picked up or set down,

  boarding or alighting
  a copy of the application, together with copies of any other relevant documentation, and its assessment
  within two weeks of receipt of the application, with a request for their agreement. The authorising authority shall also forward the relevant documents to the competent authorities of the Member States whose territories are crossed without passengers boarding or alighting
  , for information. [Am. 48]

3a.
     
  If one of the competent authorities of the Member States in whose territories passengers are boarding or alighting does not agree to the authorisation for one of the reasons set out in paragraph 2, authorisation may not be granted, but the matter may be referred to the Commission within one month of receipt of its reply. [Am. 49]

3b.
     
  After having consulted the Member States of the competent authorities which disagreed, the Commission shall, within four months of receipt of the communication from the authorising authority, take a decision. The decision shall take effect 30 days after its notification to the Member States concerned. [Am. 50]

3c.
     
  The Commission decision shall apply until such time as the Member States reach an agreement and the authorising authority adopts a decision on the application. [Am. 51]

Article 8b

Authorisation procedure for national regular services

1.   The authorising authority shall take a decision on the application within

  no later than
  two months of the date of submission of the application by the carrier. This may be extended to four

  three
  months where an analysis is requested in accordance with point (d) of Article 8c(2). [Am. 52]

2.   Authorisations for national regular services shall be granted unless refusal can be justified on one or more of the grounds listed in points (a) to (c)

  (ca)
  of Article 8c(2) and, if the service is carrying passengers over a distance of less

  up to, but no more
  than 100 kilometres as the crow flies

  journey distance
  , in point (d) of Article 8c(2). [Am. 53]

3.   The distance referred to in paragraph 2 may be increased to 120 kilometres if the regular service to be introduced will serve a point of departure and a destination which are already served by more than one public service contract.
  [Am. 54]

Article 8c

Decisions of authorising authorities

1.   Following the procedure laid down in Articles 8, 8a or 8b, the authorising authority shall grant the authorisation, grant the authorisation with limitations or reject the application. The authorising authority shall inform all the competent authorities referred to in Article 8(1) of its decision.

2.   Decisions rejecting an application, or granting authorisation with limitations
  , or suspending or withdrawing authorisation
  shall state the reasons on which they are based
  and, where applicable, take into account the analyses of the regulatory body. The applicant or the carrier operating the service concerned shall have the possibility to appeal the decisions of the authorising authority
  . [Am. 55]

Authorisation shall

  The application for authorisation may
  be granted unless rejection can be justified

  rejected only
  on one or more of the following grounds: [Am. 56]

(a)

the applicant is unable to provide the service which is the subject of the application with equipment directly available to it;

| (b) | the applicant has not complied with national or international legislation on road transport, and in particular the conditions and requirements relating to authorisations for international road passenger services, or has committed serious infringements of Union
  or national or, where appropriate, regional
  road transport legislation in particular with regard to the rules applicable to vehicles and

  vehicle technical requirements and emissions standards as well as
  driving and rest periods for drivers; [Am. 57] |
| --- | --- |

(b)

the applicant has not complied with national or international legislation on road transport, and in particular the conditions and requirements relating to authorisations for international road passenger services, or has committed serious infringements of Union
  or national or, where appropriate, regional
  road transport legislation in particular with regard to the rules applicable to vehicles and

  vehicle technical requirements and emissions standards as well as
  driving and rest periods for drivers; [Am. 57]

| (c) | in the case of an application for renewal of authorisation, the conditions of authorisation have not been complied with; |
| --- | --- |

(c)

in the case of an application for renewal of authorisation, the conditions of authorisation have not been complied with;

| (ca) | the applicant has requested authorisation for a regular service to run on the same route or an alternative route, where a competent authority has granted a public service operator an exclusive right to provide certain public passenger transport services in return for the discharge of public service obligations within the framework of a public service contract in accordance with Article 3 of Regulation (EC) No 1370/2007. This ground for rejection is without prejudice to point (1 a) of Article 8d of this Regulation; [Am. 58] |
| --- | --- |

(ca)

the applicant has requested authorisation for a regular service to run on the same route or an alternative route, where a competent authority has granted a public service operator an exclusive right to provide certain public passenger transport services in return for the discharge of public service obligations within the framework of a public service contract in accordance with Article 3 of Regulation (EC) No 1370/2007. This ground for rejection is without prejudice to point (1 a) of Article 8d of this Regulation; [Am. 58]

| (d) | a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract.
  That analysis shall assess the relevant structural and geographical characteristics of the market and the network concerned (size, demand characteristics, network complexity, technical and geographical isolation, and the services covered by the contract), and account shall also be taken of whether the new service brings better quality services or more value for money. [Am. 59] |
| --- | --- |

(d)

a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract.
  That analysis shall assess the relevant structural and geographical characteristics of the market and the network concerned (size, demand characteristics, network complexity, technical and geographical isolation, and the services covered by the contract), and account shall also be taken of whether the new service brings better quality services or more value for money. [Am. 59]

Authorising authorities shall not reject an application solely on the grounds that the carrier
  requesting authorisation
  offers lower prices than those offered by other road carriers or

  unless the regulatory authority or other relevant national bodies establish that the applicant seeking to enter the market is planning to offer services below their normal value for an extended period of time, and that in doing so it is likely to undermine fair competition. Authorising authorities shall not reject an application solely due to
  the fact that the link in question is already operated by other road carriers. [Am. 60]

3.   Member States shall ensure that decisions taken by the authorising authority are subject to judicial review. That review may have suspensive effect only when the immediate effect of the authorising authority’s decision may cause irretrievable or manifestly excessive damages for the appellant. This provision is without prejudice to the powers of the court hearing the appeal as conferred by constitutional law of the Member State concerned.

Article 8d

Limitation of the right of access

1.   Member States may limit the right of access to the international and national market for regular
  bus and coach
  services if the proposed regular service carries passengers over distances of less than

  up to
  100 kilometres as the crow flies

  journey distance
  and if the service would compromise the economic equilibrium of a public service contract
  , or over any distance if it occurs in an urban or suburban centre or conurbation, or meets the transport needs between it and the surrounding areas, or that the applicant has not complied with road transport or other relevant provisions of national, Union or international law
  . [Am. 61]

1a.
     
  Where a competent authority has granted exclusive rights to an undertaking performing a public service in accordance with Article 3 of Regulation (EC) No 1370/2007, the protection of the exclusive rights shall only relate to the operation of public passenger transport services serving the same or alternative routes. That grant of exclusive rights shall not preclude the authorisation of new regular services where those services are not competing with the service provided in the public service contract, or operate on other routes. [Am. 62]

2.   The competent authorities that awarded a public service contract or the public service operators performing the public service contract may request the regulatory body to carry out an analysis of whether the economic equilibrium of the public service contract would be compromised.

Where such a request has been received,
  the regulatory body shall examine the request and
  may
  decide whether to carry out the economic analysis
  in accordance with point(d) of Article 8c(2)unless there are exceptional practical or other reasons justifying a decision not to do so.
  It shall inform the interested parties of its decision. [Am. 63]

3.   Where the regulatory body carries out an economic analysis, it shall inform all interested parties of the results of that analysis and its conclusions within six weeks

  as soon as possible, and no later than 3 months
  following receipt of all relevant information. The regulatory body may conclude that the authorisation is to be granted, is to be granted subject to conditions or is to be rejected. [Am. 64]

The conclusions of the regulatory body shall be binding on the authorising authorities.

4.   The competent authorities and the public service operators shall provide the regulatory body with the necessary information for the purposes of paragraphs 2 and 3.

5.   The Commission is empowered to adopt delegated acts in accordance with Article 26 establishing the procedure and criteria to be followed for the application of this Article
  , in particular in carrying out the economic analysis; [Am. 65]

5a.
     
  Member States may further liberalise the authorisation system for national regular services with regard to authorisation procedures and kilometre thresholds.
  ’; [Am. 66]

| (12) | in Article 9, the first paragraph is replaced by the following:
  ‘Articles 8, 8a, 8b and 8c shall apply, mutatis mutandis, to applications for the renewal of authorisations or for alteration of the conditions under which the services subject to authorisation must be carried out.’; |
| --- | --- |

(12)

in Article 9, the first paragraph is replaced by the following:

‘Articles 8, 8a, 8b and 8c shall apply, mutatis mutandis, to applications for the renewal of authorisations or for alteration of the conditions under which the services subject to authorisation must be carried out.’;

| (13) | the title of Chapter IV is replaced by the following:
  ‘SPECIAL REGULAR SERVICES EXEMPT FROM AUTHORISATION’ |
| --- | --- |

(13)

the title of Chapter IV is replaced by the following:

‘SPECIAL REGULAR SERVICES EXEMPT FROM AUTHORISATION’

| (13a) | in Article 11, the following paragraph is added:





  ‘3a.
     
  A Member State may decide to require a non-resident carrier to comply with the conditions relating to the requirement of establishment, as laid down in Regulation (EC) No 1071/2009 of the European Parliament and of the Council

   (*1)

  , in the host Member State after authorisation for a national regular service has been granted to this carrier and before the carrier starts to operate the relevant service. Such decisions shall state the reasons on which they are based. The decision shall take into account the size and duration of the activity of the non-resident carrier in the host Member State. If the host Member State establishes that the non-resident carrier does not satisfy the requirement of establishment, it may withdraw the relevant authorisations granted to it for national regular services or suspend them until the requirement is met.




  (*1)  
  Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).’; [Am. 67]" |
| --- | --- |

(13a)

(13a)

in Article 11, the following paragraph is added:

in Article 11, the following paragraph is added:

‘3a.
     
  A Member State may decide to require a non-resident carrier to comply with the conditions relating to the requirement of establishment, as laid down in Regulation (EC) No 1071/2009 of the European Parliament and of the Council

   (*1)

  , in the host Member State after authorisation for a national regular service has been granted to this carrier and before the carrier starts to operate the relevant service. Such decisions shall state the reasons on which they are based. The decision shall take into account the size and duration of the activity of the non-resident carrier in the host Member State. If the host Member State establishes that the non-resident carrier does not satisfy the requirement of establishment, it may withdraw the relevant authorisations granted to it for national regular services or suspend them until the requirement is met.

(*1)  
  Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).’; [Am. 67]"

*1

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).’;

| (14) | in Article 12, paragraphs 1 to 5 are deleted; |
| --- | --- |

(14)

in Article 12, paragraphs 1 to 5 are deleted;

| (15) | Article 13 is deleted;
  [Am. 68] |
| --- | --- |

(15)

(15)

Article 13 is deleted;
  [Am. 68]

Article 13 is deleted;

[Am. 68]

| (16) | Article 15 is replaced by the following:

  ‘Article 15
  Authorised cabotage operations
  Cabotage operations shall be authorised for the following services:






  (a) | special regular services carried out on a temporary basis provided that they are covered by a contract concluded between the organiser and the carrier; |
| --- | --- | --- |

(16)

Article 15 is replaced by the following:

‘Article 15

Authorised cabotage operations

Cabotage operations shall be authorised for the following services:

(a)

special regular services carried out on a temporary basis provided that they are covered by a contract concluded between the organiser and the carrier;

| (b) | occasional services carried out on a temporary basis; [Am. 69] |
| --- | --- |

(b)

occasional services carried out on a temporary basis; [Am. 69]

| (c) | regular services performed in accordance with this Regulation
  by a carrier not resident in the host Member State, in the course of a regular international service in accordance with this Regulation, with the exception of transport services meeting the needs of an urban centre or conurbation, or transport needs between it and the surrounding areas. Cabotage operations shall not be carried out independently of that international service
  .’; [Am. 70] |
| --- | --- |

(c)

regular services performed in accordance with this Regulation
  by a carrier not resident in the host Member State, in the course of a regular international service in accordance with this Regulation, with the exception of transport services meeting the needs of an urban centre or conurbation, or transport needs between it and the surrounding areas. Cabotage operations shall not be carried out independently of that international service
  .’; [Am. 70]

| (16a) | in Article 16(1), the introductory part is replaced by the following:



  ‘1.   The performance of the cabotage operations shall be subject, save as otherwise provided in Community legislation, to
  Directive 96/71/EC of the European Parliament and of the Council and

   (*2) the laws, regulations and administrative provisions in force in the host Member State with regard to the following:


  (*2)  
  Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).’; [Am. 72]" |
| --- | --- |

(16a)

(16a)

in Article 16(1), the introductory part is replaced by the following:

in Article 16(1), the introductory part is replaced by the following:

‘1.   The performance of the cabotage operations shall be subject, save as otherwise provided in Community legislation, to
  Directive 96/71/EC of the European Parliament and of the Council and

   (*2) the laws, regulations and administrative provisions in force in the host Member State with regard to the following:

(*2)  
  Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).’; [Am. 72]"

*2

Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).’;

| (17) | Article 17 is deleted; [Am. 73] |
| --- | --- |

(17)

(17)

Article 17 is deleted; [Am. 73]

Article 17 is deleted;

| (17a) | Article 17 is replaced by the following:



  ‘Article 17
  Control documents for cabotage operations

  1.   Cabotage operations in the form of occasional services shall be carried out under cover of a journey form as referred to in Article 12

  on paper or in digital format
  which shall be kept on board the vehicle and be presented at the request of any authorised inspecting officer

  inspector
  .


  2.   The following information shall be entered in the journey form:






  (a) | the points of departure and arrival of the service; |
| --- | --- | --- |

(17a)

(17a)

Article 17 is replaced by the following:

Article 17 is replaced by the following:

‘Article 17

Control documents for cabotage operations

1.   Cabotage operations in the form of occasional services shall be carried out under cover of a journey form as referred to in Article 12

  on paper or in digital format
  which shall be kept on board the vehicle and be presented at the request of any authorised inspecting officer

  inspector
  .

2.   The following information shall be entered in the journey form:

(a)

the points of departure and arrival of the service;

| (b) | the date of departure and the date on which the service ends. |
| --- | --- |

(b)

the date of departure and the date on which the service ends.

3.   The journey forms shall be supplied in books as referred to in Article 12 certified by the competent authority or body in the Member State of establishment.

4.   In the case of special regular services, the contract concluded between the carrier and the transport organiser, or a certified true copy thereof, shall serve as the control document.
  However, a journey form shall be filled out in the form of a monthly statement.

However, a journey form shall be filled out in the form of a monthly statement.

5.   The journey forms used shall be returned to the competent authority or body in the Member State of establishment in accordance with procedures to be laid down by that authority or body

  . During checks, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the requested documents.
  ’; [Am. 74]

| (18) | in Article 19(2), the first sentence is replaced by the following:

  ‘2.   Carriers operating cabotage or international carriage of passengers by coach and bus shall allow all inspections intended to ensure that operations are being conducted correctly, in particular as regards driving and rest periods.’; |
| --- | --- |

(18)

in Article 19(2), the first sentence is replaced by the following:

‘2.   Carriers operating cabotage or international carriage of passengers by coach and bus shall allow all inspections intended to ensure that operations are being conducted correctly, in particular as regards driving and rest periods.’;

| (19) | Article 20 is replaced by the following:

  ‘Article 20
  Mutual assistance

  1.   Member States shall assist one another in ensuring the application and monitoring of this Regulation. They shall exchange information via the national contact points established pursuant to Article 18 of Regulation (EC) No 1071/2009.


  2.   The regulatory bodies shall cooperate when carrying out economic analyses of whether proposed regular services would compromise a public service contract for the international operation of public transport services. The authorising authority shall consult the regulatory bodies of all other Member States through which the international regular service concerned runs and, where appropriate, shall request all necessary information from them before taking its decision.’; |
| --- | --- |

(19)

Article 20 is replaced by the following:

‘Article 20

Mutual assistance

1.   Member States shall assist one another in ensuring the application and monitoring of this Regulation. They shall exchange information via the national contact points established pursuant to Article 18 of Regulation (EC) No 1071/2009.

2.   The regulatory bodies shall cooperate when carrying out economic analyses of whether proposed regular services would compromise a public service contract for the international operation of public transport services. The authorising authority shall consult the regulatory bodies of all other Member States through which the international regular service concerned runs and, where appropriate, shall request all necessary information from them before taking its decision.’;

| (20) | Article 26 is replaced by the following:

  ‘Article 26
  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 4(2), 5(5), 6(4), 7(2), 8d(5) and 28(3) shall be conferred on the Commission for an indeterminate period of time from ... [date of entry into force of this Regulation].


  3.   The delegation of power referred to in Articles 4(2), 5(5), 6(4), 7(2), 8d(5) and 28(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.


  4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.


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


  6.   A delegated act adopted pursuant to Articles 4(2), 5(5), 6(4), 7(2), 8d(5) and 28(3) 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.’; |
| --- | --- |

(20)

Article 26 is replaced by the following:

‘Article 26

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 4(2), 5(5), 6(4), 7(2), 8d(5) and 28(3) shall be conferred on the Commission for an indeterminate period of time from ... [date of entry into force of this Regulation].

3.   The delegation of power referred to in Articles 4(2), 5(5), 6(4), 7(2), 8d(5) and 28(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

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

6.   A delegated act adopted pursuant to Articles 4(2), 5(5), 6(4), 7(2), 8d(5) and 28(3) 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.’;

| (21) | Article 28 is replaced by the following:

  ‘Article 28
  Reporting

  1.   Each year, by 31 January at the latest, and for the first time by 31 January [... the first January following the entry into force of this Regulation]
  the competent authorities of the
  Member States shall communicate to the Commission the number of authorisations for regular services issued the previous year and the total number of authorisations for regular services valid on 31 December of that year. That information shall be given separately for each Member State of destination of the regular service. Member States shall also communicate to the Commission the data concerning cabotage operations, in the form of special regular services and occasional services, carried out during the previous year by resident carriers. [Am. 75]



  2.   Each year, by 31 January at the latest and, for the first time by 31 January [... the first January following the entry into force of this Regulation], the competent authorities in the host Member State shall provide the Commission with statistics on the number of authorisations issued for cabotage operations in the form of the regular services referred to in point (c) of Article 15 during the previous year.


  3.   The Commission is empowered to adopt delegated acts in accordance with Article 26 to establish the format of the table to be used for the communication of the statistics referred to in paragraphs 1 and 2 and the data to be provided.


  4.   Each year, by 31 January at the latest and, for the first time by 31 January [... the first January following the entry into force of this Regulation], Member States shall inform the Commission of the number of carriers holding a Community licence as of 31 December of the previous year and of the number of certified copies corresponding to the number of vehicles in circulation on that date.


  5.   By ... [please insert the date calculated 5 years after
  the
  date of application of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation. The report shall include information on the extent to which this Regulation has contributed to a better functioning road passenger transport market

  system, in particular for passengers, the bus and coach workforce and the environment
  .’. [Am. 76] |
| --- | --- |

(21)

Article 28 is replaced by the following:

‘Article 28

Reporting

1.   Each year, by 31 January at the latest, and for the first time by 31 January [... the first January following the entry into force of this Regulation]
  the competent authorities of the
  Member States shall communicate to the Commission the number of authorisations for regular services issued the previous year and the total number of authorisations for regular services valid on 31 December of that year. That information shall be given separately for each Member State of destination of the regular service. Member States shall also communicate to the Commission the data concerning cabotage operations, in the form of special regular services and occasional services, carried out during the previous year by resident carriers. [Am. 75]

2.   Each year, by 31 January at the latest and, for the first time by 31 January [... the first January following the entry into force of this Regulation], the competent authorities in the host Member State shall provide the Commission with statistics on the number of authorisations issued for cabotage operations in the form of the regular services referred to in point (c) of Article 15 during the previous year.

3.   The Commission is empowered to adopt delegated acts in accordance with Article 26 to establish the format of the table to be used for the communication of the statistics referred to in paragraphs 1 and 2 and the data to be provided.

4.   Each year, by 31 January at the latest and, for the first time by 31 January [... the first January following the entry into force of this Regulation], Member States shall inform the Commission of the number of carriers holding a Community licence as of 31 December of the previous year and of the number of certified copies corresponding to the number of vehicles in circulation on that date.

5.   By ... [please insert the date calculated 5 years after
  the
  date of application of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation. The report shall include information on the extent to which this Regulation has contributed to a better functioning road passenger transport market

  system, in particular for passengers, the bus and coach workforce and the environment
  .’. [Am. 76]

Article 2

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.

It shall apply from [XX].

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 262, 25.7.2018, p. 47.

1

(2)  OJ C 387, 25.10.2018, p. 70.

2

(3)  Position of the European Parliament of 14 February 2019.

3

(4)  Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88).

4

(5)  Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ L 315, 3.12.2007, p. 1).

5

(6)  Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).

6

(7)  OJ L 123, 12.5.2016, p. 1.

7

---

| 23.12.2020 | EN | Official Journal of the European Union | C 449/694 |
| --- | --- | --- | --- |

23.12.2020

EN

Official Journal of the European Union

C 449/694

---

P8_TA(2019)0126

Amending Directive 2012/27/EU on energy efficiency and Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action, by reason of the withdrawal of the United Kingdom from the European Union ***I

European Parliament legislative resolution of 14 February 2019 on the proposal for a decision of the European Parliament and of the Council on adapting Directive 2012/27/EU of the European Parliament and of the Council on energy efficiency [as amended by Directive 2018/XXX/EU] and Regulation (EU) 2018/XXX of the European Parliament and of the Council [Governance of the Energy Union], by reason of the withdrawal of the United Kingdom from the European Union (COM(2018)0744 — C8-0482/2018 — 2018/0385(COD))

(Ordinary legislative procedure: first reading)

(2020/C 449/72)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2018)0744), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2018)0744),

| — | having regard to Article 294(2), Article 192(1) and Article 194(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0482/2018), |
| --- | --- |

—

having regard to Article 294(2), Article 192(1) and Article 194(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0482/2018),

| — | 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 30 January 2019 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 30 January 2019 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy (A8-0014/2019), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy (A8-0014/2019),

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

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

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

3.

---

P8_TC1-COD(2018)0385

Position of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Decision (EU) 2019/... of the European Parliament and of the Council on amending Directive 2012/27/EU on energy efficiency and Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action, by reason of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision (EU) 2019/504.)

---